BIS QUALITY CONTROL ORDER (QCO) FOR Safety of Non-Electric Toys Part 2 - Flammability

On February 25, 2020, the Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade (DPIIT), issued the Toys (Quality Control) Order, 2020. This regulatory measure is designed to ensure that non-electric toys produced, imported, or sold in India meet stringent quality and safety standards, thereby aligning with Indian regulatory requirements and safeguarding public interest. On September 30, 2024, the Ministry further strengthened these regulations by notifying the Toys (Quality Control) Amendment Order, 2024.

Key Provisions of the Toys (Quality Control) Order, 2020 and Its Amendment

1. Title and Implementation Timeline

· The original order is officially titled the Toys (Quality Control) Order, 2020, which came into effect on September 1, 2020.

· The Toys (Quality Control) Amendment Order, 2024 took effect immediately upon its publication in the Official Gazette on September 30, 2024.

2. Mandatory BIS Certification

· The Toys (Quality Control) Order, 2020 mandates that non-electric toys intended for use by children under 14 years, Safety of Non-Electric Toys Part 2 – Flammability must comply with the Indian Standard IS 9873 (Part 2):2017 and bear the BIS Standard Mark (ISI Mark). This mark certifies adherence to quality and safety standards under a license from the Bureau of Indian Standards (BIS).

· The amendment introduces an additional clause allowing the import of up to 300 samples (a maximum of 5 units per type) of non-electric toys or parts per financial year specifically for research and development (R&D) by manufacturers certified by BIS or those who have applied for BIS certification. These imported items must not be sold commercially and should be disposed of as scrap after use.

· Exemption: The regulations do not apply to non-electric toys intended exclusively for export.

3. Scope and Application

· The regulations cover non-electric toys designed for play by children under 14 years and any other products notified by the Central Government. This includes ensuring the Safety of Non-Electric Toys Part 2 – Flammability under normal use and foreseeable misuse.

· The amendment specifies that manufacturers utilizing the R&D import exemption must maintain a yearly record of such imports and submit it to the DPIIT with a formal declaration confirming non-commercial use.

4. Exemptions

Non-Electric Toys intended solely for export are not bound by this order.

Under the amendment, import exemptions apply for up to 300 samples per year for R&D purposes, provided they meet the outlined conditions. Such imports are limited to manufacturers certified by or applying to BIS.

5. BIS as Certifying Authority

The Bureau of Indian Standards (BIS) is responsible for certification and enforcement, ensuring compliance with the standards specified in both the 2020 order and the 2024 amendment.

6. Penalties for Non-Compliance

Non-compliance with the provisions of the Toys (Quality Control) Order, 2020, and the Amendment Order, 2024, will lead to penalties under the BIS Act, 2016. These measures reinforce the government's commitment to maintaining high product quality and ensuring consumer safety.

The Toys (Quality Control) Order, 2020, along with its 2024 amendment, represents a significant step in maintaining the safety and quality of non-electric toys available in India. By mandating BIS certification and regulating imports for R&D, the order aligns Indian standards with international norms, prioritizing public interest and regulatory compliance.