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    CHANDRA SHEKHARDeputy Director General

    Bureau of Indian Standards

    New DelhiINDIA

    www.bis.org.in

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    REGULATORY REQUIREMENTS IN

    INDIA

    To safeguard health and safety, Government of IndiaTo safeguard health and safety, Government of Indiapromulgates regulatory requirements for manufacturepromulgates regulatory requirements for manufactureand sale of goods and services, including those importedand sale of goods and services, including those imported

    Regulations are stipulated through Various Acts/ Rules &Regulations are stipulated through Various Acts/ Rules &Regulations by different Ministries under Government ofRegulations by different Ministries under Government ofIndiaIndia

    Enactment of Acts, Rules & Regulations is done takingEnactment of Acts, Rules & Regulations is done takingcognizance of the relevant WTO Agreementscognizance of the relevant WTO Agreements

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    REGULATORY REQUIREMENTSREGULATORY REQUIREMENTS-- KeyKey

    ConsiderationsConsiderations

    Regulatory measures should be minimum requiredRegulatory measures should be minimum required

    Regulatory measures should have minimum complianceRegulatory measures should have minimum compliancecostscosts

    Regulatory measures should benefit societyRegulatory measures should benefit society

    Regulatory measures should comply with the laws of theRegulatory measures should comply with the laws of thecountrycountry

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    REGULATORY REQUIREMENTSREGULATORY REQUIREMENTS-- KeyKey

    Considerations (contd)Considerations (contd)

    Regulations should be made & enforced in a transparentRegulations should be made & enforced in a transparentmannermanner

    Regulations should be fair and treat all equitablyRegulations should be fair and treat all equitably

    Regulations should be drafted in clear and simpleRegulations should be drafted in clear and simplelanguage for understanding of alllanguage for understanding of all

    Regulatory measures should be flexible for amendments/Regulatory measures should be flexible for amendments/revision , if required due to changed circumstancesrevision , if required due to changed circumstances

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    FOREIGN TRADEFOREIGN TRADE

    QUALITY REGULATIONS IN INDIAQUALITY REGULATIONS IN INDIA

    FOR IMPORTS:FOR IMPORTS:

    Directorate General of Foreign TradeDirectorate General of Foreign Trade

    Relevant Regulatory AgencyRelevant Regulatory Agency

    BIS for 68 ProductsBIS for 68 Products

    FOR EXPORTS:FOR EXPORTS:

    Export Inspection CouncilExport Inspection Council

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    SOME ACTS/ REGULATIONS/SOME ACTS/ REGULATIONS/CONTROL ORDERS TOCONTROL ORDERS TO

    REGULATE TRADE IN INDIAREGULATE TRADE IN INDIA

    AGENCIES INVOLVEDAGENCIES INVOLVED

    Prevention of Food Adulteration ActPrevention of Food Adulteration Act19541954(on the pattern of USFDA)(on the pattern of USFDA)

    Directorate General of HealthDirectorate General of HealthServicesServices

    Plant Quarantine (Regulation ofPlant Quarantine (Regulation ofImport into India) Order, 2003Import into India) Order, 2003

    Department of Agriculture &Department of Agriculture &CooperationCooperation

    Insecticides ActInsecticides Act Deptt. Of Agriculture and coDeptt. Of Agriculture and co--operationoperation

    Fruit Products Order, 1955Fruit Products Order, 1955 Ministry of Food ProcessingMinistry of Food ProcessingIndustriesIndustries

    Meat Food Product Order 1973Meat Food Product Order 1973 Ministry of Food ProcessingMinistry of Food ProcessingIndustriesIndustries

    Milk and Milk Product Order 1992Milk and Milk Product Order 1992 Directorate General of HealthDirectorate General of HealthServicesServices

    Standards on Weight andStandards on Weight andMeasurement Act 1976Measurement Act 1976

    Department of Legal MetrologyDepartment of Legal Metrology

    Bureau of Indian Standards act, 1986Bureau of Indian Standards act, 1986 Department of Consumer Affairs,Department of Consumer Affairs,Govt. of IndiaGovt. of India

    AGMARK Act 1937AGMARK Act 1937 Directorate of Marketing andDirectorate of Marketing andInspectionInspection

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    SOME ACTS/ REGULATIONS/SOME ACTS/ REGULATIONS/CONTROL ORDERS TO REGULATECONTROL ORDERS TO REGULATE

    TRADE IN INDIATRADE IN INDIA

    AGENCIES INVOLVEDAGENCIES INVOLVED

    Drugs & Cosmetics RulesDrugs & Cosmetics Rules Ministry of Health & FamilyMinistry of Health & FamilyWelfareWelfare

    Textiles Regulation 1988Textiles Regulation 1988 Ministry of TextilesMinistry of Textiles

    Export (Quality Control andExport (Quality Control andInspection) Act, 1963Inspection) Act, 1963

    Export Inspection Council ofExport Inspection Council ofIndiaIndia

    Indian Explosives Act,1884Indian Explosives Act,1884 Chief Controller of ExplosivesChief Controller of Explosives

    Mines ActMines Act Directorate General of MinesDirectorate General of MinesSafetySafety

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    ACTS/ REGULATIONS/ CONTROLORDERS

    To regulate trade

    through Mandatory Certification byBIS

    PRODUCTS

    Prevention of Food Adulteration Act1954

    Infant Milk Products, Packaged

    Drinking Water and Natural Mineral

    Water

    The Infant Milk Substitutes, FeedingBottles and Infant Foods (regulation ofproduction, supply and distribution),Act

    Plastic Feeding Bottles

    Bureau of Indian Standards Act, 1986 Electrical Wires, Cables, Appliances

    and Protection Devices and

    Accessories

    Indian Explosive Act,1884 Gas Cylinders

    Bureau of Indian Standards Act, 1986 Clinical Thermometers

    Essential Commodities Act,1955 Pressure stoves, Steel Tubes

    Environment (Protection), Act 1986 Compression ignition (diesel)engines

    Bureau of Indian Standards Act, 1986 Cement

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    BUREAU OF INDIAN STANDARDSBUREAU OF INDIAN STANDARDS

    INDIAN STANDARDS INSTITUTION [now known as BUREAU OFINDIANINDIAN STANDARDS INSTITUTION [now known as BUREAU OFINDIANSTANDARDS( BIS)] set up on 6 JANUARY 1947STANDARDS( BIS)] set up on 6 JANUARY 1947

    BIS is functioning under MINISTRYOF CONSUMER AFFAIRS, FOOD AND PUBLICBIS is functioning under MINISTRYOF CONSUMER AFFAIRS, FOOD AND PUBLICDISTRIBUTION, GOVT OFINDIA as a statutory body under BIS ACT, 1986 withDISTRIBUTION, GOVT OFINDIA as a statutory body under BIS ACT, 1986 witheffect from 1 APRIL 1987effect from 1 APRIL 1987

    NATIONAL STANDARDS BODY ofINDIANATIONAL STANDARDS BODY ofINDIA

    OBJECTIVESOBJECTIVES

    Harmonious, development of standardization and quality control in national andHarmonious, development of standardization and quality control in national and

    international arenainternational arena

    Certification schemes for products and systemsCertification schemes for products and systems

    Growth and development ofIndian industry, commerce and exportsGrowth and development ofIndian industry, commerce and exports

    Consumer protectionConsumer protection

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    APPROACH TO STANDARDIZATIONAPPROACH TO STANDARDIZATION

    Standards formulated by BIS areStandards formulated by BIS areprimarily, voluntary in natureprimarily, voluntary in nature

    Through various Acts/ Regulations, outThrough various Acts/ Regulations, outof the more than 18 000 standardsof the more than 18 000 standardsformulated so far, only 68 standardsformulated so far, only 68 standardsare subject to Mandatory Certificationare subject to Mandatory Certification

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    ManufacturersManufacturers

    Consumers,Consumers, Government

    Departments

    Technologists ,Technologists , Regulating

    Authorities, Testing

    Laboratories, Consultants,

    Universities, Other Experts

    TECHNICAL COMMITTEESTRUCTURE

    (Members From)

    ManufacturersManufacturers

    Consumers,Consumers,GovernmentDepartments

    Technologists , RegulatingAuthorities, TestingLaboratories, Consultants,Universities, Other Experts

    BASIC APPROACHBASIC APPROACH

    Consensus PrincipleConsensus Principle

    BalancedBalancedCommitteeCommitteeStructureStructure

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    STANDARDS FORMULATIONSTANDARDS FORMULATION--BASIC STEPSBASIC STEPS

    Accepted Code of Good Practice of TBT AgreementAccepted Code of Good Practice of TBT Agreement

    International standards/ their relevant parts areInternational standards/ their relevant parts areused in standards settingused in standards setting

    However in case of fundamental technical/However in case of fundamental technical/geographical/ climatic problems, standards are setgeographical/ climatic problems, standards are setas per national requirementsas per national requirements

    As NSB BIS takes full part in the development ofAs NSB BIS takes full part in the development ofInternational Standards, relevant to the nationalInternational Standards, relevant to the national

    needs.needs.

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    STANDARDS FORMULATIONSTANDARDS FORMULATION--

    CONSENSUS & TRANSPARENCYCONSENSUS & TRANSPARENCY

    All standards are widely circulated at draft stageAll standards are widely circulated at draft stage

    Period of comments is generally not less than 3Period of comments is generally not less than 3months,months,

    For urgent reasons pertaining to safety, health orFor urgent reasons pertaining to safety, health orenvironment, period can be reducedenvironment, period can be reduced

    Drafts documents are hosted on BIS website forDrafts documents are hosted on BIS website forpublic commentspublic comments

    All comments are duly considered by theAll comments are duly considered by theappropriate authoritiesappropriate authorities

    Programme of Work is published and also hosted onProgramme of Work is published and also hosted onBIS website and is periodically updatedBIS website and is periodically updated

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    STANDARDS FORMULATEDSTANDARDS FORMULATED

    OVERVIEWOVERVIEW INDIAN STANDARDS PUBLISHEDINDIAN STANDARDS PUBLISHED -- 1831518315

    CORRESPONDING ISO/IEC STANDARDSCORRESPONDING ISO/IEC STANDARDS -- 58215821

    STANDARDS HARMONIZED WITH ISO/IECSTANDARDS HARMONIZED WITH ISO/IECSTANDARDSSTANDARDS(About 76%)(About 76%) -- 44494449

    DIVISIONAL COUNCILSDIVISIONAL COUNCILS 1414

    TECHNICAL COMMITTEES 301TECHNICAL COMMITTEES 301

    TECHNICAL EXPERTSTECHNICAL EXPERTS 1175011750

    (Sec. Com+ Sub Com+ Panel)(Sec. Com+ Sub Com+ Panel)

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    FIRST

    DRAFT

    CIRCULATIONTO

    COMMITTEE

    MEMBERS

    P-DRAFT

    COMMENTS

    CIRCULATION

    TO

    COMMITTEE

    MEMBERS

    COMMENTS

    PUBLIC

    CIRCULATION

    COMMENTS

    NATIONAL

    STANDARD

    NEW

    WORK

    ITEM

    MEETINGWC

    DRAFT

    ADOPTION -- DIVISION

    COUNCIL

    F-DRAFT

    STANDARD

    MEETING

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    CONFORMITY ASSESSMENTCONFORMITY ASSESSMENT

    PRACTICESPRACTICES

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    CERTIFICATION ACTIVITIES OF BISCERTIFICATION ACTIVITIES OF BIS

    OperatingOperating underunder anan ActAct ofof IndianIndian ParliamentParliament (BIS(BIS ActAct19861986))

    OffersOffers thirdthird partyparty assuranceassurance

    BasedBased onon wellwell defineddefined schemescheme ofof testingtesting andandinspectioninspection

    EnsuringEnsuring adequacyadequacy ofof inin--processprocess qualityquality controlcontrol

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    CERTIFICATION ACTIVITIES OF BISCERTIFICATION ACTIVITIES OF BIS

    (contd.)(contd.)

    Supported by:Supported by:

    Testing LaboratoriesTesting Laboratories

    BIS LabsBIS Labs

    Other LabsOther Labs

    Accreditation under National Laboratory AccreditationAccreditation under National Laboratory Accreditation

    Scheme according to ISO/IEC 17025Scheme according to ISO/IEC 17025

    Traceability to APLAC/ILAC.Traceability to APLAC/ILAC.

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    CERTIFICATION SCHEMECERTIFICATION SCHEME

    Based on Type 5 of ISO Guide 28 which includes:Based on Type 5 of ISO Guide 28 which includes:

    Type testing and assessment of factory quality controlType testing and assessment of factory quality control

    and its acceptance followed byand its acceptance followed by

    Surveillance that takes into account audit of factorySurveillance that takes into account audit of factoryquality control, andquality control, and

    Testing of samples both from factory andTesting of samples both from factory and open marketopen market

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    CERTIFICATION SCHEME FORCERTIFICATION SCHEME FORFOREIGN MANUFACTURERSFOREIGN MANUFACTURERS

    Scheme for Foreign ManufacturersScheme for Foreign Manufacturers

    9393 licenceslicences grantedgranted inin 1616 countriescountries suchsuch asas France,France,UAE,UAE, SouthSouth Korea,Korea, Nepal,Nepal, Switzerland,Switzerland, ThailandThailandBhutan,Bhutan, China,etcChina,etc..

    ProductsProducts certifiedcertified includeinclude PackagedPackaged DrinkingDrinking Water,Water,Cement,Cement, WoodWood Products,Products, SteelSteel Products,Products, MilkMilkProducts,Products, ClinicalClinical Thermometers,Thermometers, EnergyEnergy Meters,Meters,ElectricalElectrical AppliancesAppliances && SwitchgearSwitchgear itemsitems etcetc..

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    NOTIFICATION PRACTICESNOTIFICATION PRACTICES

    Criteria for notification includes assessment of:Criteria for notification includes assessment of:

    whether international standard exists or technical contentwhether international standard exists or technical contentdiffers from international standardsdiffers from international standards

    impact of regulation on tradeimpact of regulation on trade

    whether regulation deals with technical requirements or SPSwhether regulation deals with technical requirements or SPSmeasures for a product/group of products (relevance under themeasures for a product/group of products (relevance under theTBT and SPS Agreements)TBT and SPS Agreements)

    Various sources that are consulted:Various sources that are consulted:

    TBT Agreement, and relevant Committee recommendations andTBT Agreement, and relevant Committee recommendations anddecisionsdecisions

    regulatory agency responsible for the regulationregulatory agency responsible for the regulation

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    NOTIFICATION PROCEDURESNOTIFICATION PROCEDURES

    PREPARATIONPREPARATION

    Initiated by regulator of proposed legislationsInitiated by regulator of proposed legislations

    Complete notification format by the Regulatory Body inComplete notification format by the Regulatory Body inconsultation with Ministry of Commerceconsultation with Ministry of Commerce

    Clear and descriptive outline of the regulatory proposalClear and descriptive outline of the regulatory proposal

    Give adequate time to comment on the proposalGive adequate time to comment on the proposal

    Reasonable time for adoption of measureReasonable time for adoption of measure

    SUBMISSIONSUBMISSION Prepared notifications are sent to WTO Central Registry ofPrepared notifications are sent to WTO Central Registry of

    Notifications (CRN) by National Notification AuthorityNotifications (CRN) by National Notification Authority

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    MOUs/ MRAsMOUs/ MRAs-- TOOLS FOR REGULATORYTOOLS FOR REGULATORY

    COOPERATIONCOOPERATION

    BIS has signed MOUs with 15 countries with a view toBIS has signed MOUs with 15 countries with a view to

    Enhance cooperation in standardisation & conformityEnhance cooperation in standardisation & conformityassessmentassessment

    Facilitate sharing of expertise and mutual tradeFacilitate sharing of expertise and mutual trade

    MRA with SRILANKA :MRA with SRILANKA :

    Trade FacilitationTrade Facilitation

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    INDO US COOPERATIONINDO US COOPERATION

    INITIATIVEINITIATIVEINDO US Portal is a commitment by BIS & ANSI to:INDO US Portal is a commitment by BIS & ANSI to:

    Provide common platform for required transparencyProvide common platform for required transparency

    Facilitate sharing of information on trade issuesFacilitate sharing of information on trade issues

    Provide mutual support at international foraProvide mutual support at international fora

    Facilitate harmonisation of Standards & ConformityFacilitate harmonisation of Standards & ConformityAssessment Procedures through increasedAssessment Procedures through increasedtransparencytransparency

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    REGIONAL COOPERATIONREGIONAL COOPERATIONINITIATIVESINITIATIVES

    Establishment of SARSO (South Asian Regional StandardsEstablishment of SARSO (South Asian Regional StandardsAssociation)Association)

    Objectives:Objectives:

    Coordination & Cooperation between SAARC countries inCoordination & Cooperation between SAARC countries instandards & Conformity Assessmentstandards & Conformity Assessment

    Develop harmonised standardsDevelop harmonised standards

    Facilitate intra regional tradeFacilitate intra regional trade

    Promote MRAs on conformity assessmentPromote MRAs on conformity assessment

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    THANK YOUTHANK YOU