The Bureau of Indian Standards Act, 1986 (“BIS Act”)

A. Licensing or certification requirements

1.1 A person may apply for the grant of license or certificate of conformity, as the case may be if the goods, article, process, system, or service conforms to an Indian Standard. Where such goods, articles, processes, systems, or services conform to a standard, on payment of requisite fee and/or fine, the Bureau issues an order to grant:

(a) certificate of conformity in a manner as may be specified by the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 (“BIS Regulations”); or

(b) a license to use or apply a Standard Mark in a manner as may be specified by BIS Regulations.

1.2 The license holder shall remain responsible for conformance with the compliance requirements pertaining to Standard Mark. However, the seller or the distributor shall ensure that the goods, articles, processes, systems, or services carrying the Standard Mark are purchased from a certified body or license holder. Similarly, the seller shall ensure that the goods, articles, processes, systems, or services to be sold or offered for sale, conform with the labelling and marking requirements stipulated under the BIS Act.

1.3 In view of the above and the BIS Regulations, the Government has notified various conformity assessment schemed which inter alia, include ‘ISI Registration Scheme’, ‘Compulsory Registration Scheme’, ‘Compulsory Certification Scheme’ in terms of which compliance is mandated with the relevant standard(s).

1.4 In pursuance of the above, the Bureau has notified the following schemes with respect to the import and supply of certain goods:

(a) Compulsory Registration Order for electronics and information technology goods (“CRO”) - In terms of the CRO, the importer of electronics and information technology products enlisted thereunder is mandated to obtain a BIS registration for the import of such products. In this regard, the CROs have been provided on the website.

(b) Quality Control Order (“QCO”) – In terms of the QCOs read with Section 17 of the BIS Act, the notified goods are required to be manufactured, imported, distributed, sold, hired, leased, stored or exhibited for sale in accordance with the respective IS specified in such QCO and affix the Standard Mark on such goods. The QCOs issued by the Central Government have been provided on the website of the Bureau.

(c) Foreign Manufacturer Certification Scheme (“FMCS”): Under the FMCS, the foreign manufacturer may apply for a license under the BIS Laws to use the Standard Mark on the products sought to be exported to India. It is pertinent to note that FMCS is voluntary in nature, except for the products which require compulsory certification in terms of the QCOs issued by the Central Government from time to time. An importer is not required / eligible to apply for a license under FMCS. As such, the application can be made by the foreign manufacturer only.

B. Labelling requirements

2.1 The BIS Act also empowers the Bureau to specify the marking and labelling requirement that shall necessarily be affixed. As per Section 18 of the BIS Act, it is the responsibility of the seller before the goods or article is sold or offered to be sold or exhibited or offered for sale to ensure the following:

(a) goods, articles, processes, systems or services carrying the Standard Mark bear the requisite labels and marking details, as specified by the Bureau from time to time; and

(b) the marking and labelling requirements on the product or covering is displayed in a manner that has been specified by the Bureau.