Insulated Flask, Bottles and Containers for Domestic Use (Quality Control) Order, 2023

Introduction: The Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade, has issued the Insulated Flask, Bottles, and Containers (Quality Control) Order, 2023. This order aims to regulate the quality of insulated flask, bottles, and containers for domestic use and ensure conformity to Indian Standards. The order mandates the use of standard marks and designates the Bureau of Indian Standards as the certifying and enforcing authority.

Analysis: The Insulated Flask, Bottles, and Containers (Quality Control) Order, 2023 require the specified goods or articles to conform to the corresponding Indian Standards and bear the Standard Mark obtained through a license from the Bureau of Indian Standards. The order includes provisions for different timelines for compliance based on the categorization of enterprises as Small Enterprises and Micro Enterprises under the Micro, Small, and Medium Enterprises Development Act, 2006. Certain exemptions are provided for goods or articles manufactured domestically for export or by enterprises meeting specific criteria. Non-compliance with the order is punishable under the Bureau of Indian Standards Act, 2016, and the Bureau of Indian Standards is designated as the certifying and enforcing authority.

Conclusion: The Insulated Flask, Bottles, and Containers (Quality Control) Order, 2023 issued by the Ministry of Commerce and Industry aims to ensure the quality and conformity of insulated flask, bottles, and containers for domestic use to Indian Standards. The order emphasizes the mandatory use of standard marks and designates the Bureau of Indian Standards as the authority responsible for certification and enforcement. Compliance with the order is essential for manufacturers, and non-compliance may result in penalties under the Bureau of Indian Standards Act, 2016. The order includes exemptions for certain enterprises meeting specific criteria, promoting ease of doing business while ensuring quality control.

Also Read: DPIIT Issues Quality Control Orders for Wood Laminates & Insulated Containers

MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
ORDER
New Delhi, the 14th July, 2023

S.O. 3140(E).—In exercise of the powers conferred by sub-section (1) and (2) of section 16 read with section 17 and sub-section (3) of section 25 of the Bureau of Indian Standards Act, 2016 (11 of 2016), the Central Government, after consulting the Bureau of Indian standards, is of the opinion that it is necessary or expedient so to do in the public interest, hereby makes the following Order, namely:-

1. Short title and commencement. – (1) This Order may be called the Insulated Flask , Bottles and Containers for Domestic Use (Quality Control) Order, 2023.

(2) It shall come into force with effect from six months from the date of notification.

(3) Provided that for Small Enterprises as defined under the Micro, Small, and Medium Enterprises Development Act, 2006 (27 of 2006), it shall come into force with effect from nine months from the date of publication of this notification.

(3) Provided that for Micro Enterprises as defined under the Micro, Small, and Medium Enterprises Development Act, 2006 (27 of 2006), it shall come into force with effect from twelve months from the date of publication of this notification.

2. Compulsory use of Standard Mark . – (1) Goods or articles specified in column (2) of the Table below shall conform to the corresponding Indian Standard specified in column (3) of the said Table and shall bear the Standard Mark under a licence from the Bureau as per Scheme-I of Schedule-II of the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018:

(2) Provided that nothing in this Order shall apply to goods or articles manufactured domestically for export:

(3) Provided further that nothing in this order shall apply to goods or articles manufactured domestically by an enterprise, registered under “Udyam portal” of the Ministry of Micro, Small, and Medium Enterprises, wherein the investment in plant and machinery or equipment at original cost does not exceed twenty-five lakhs rupees and the turnover does not exceed two crores rupees for the previous financial year as certified by a Chartered Accountant shall be exempted from implementation of this order.

3. Certification and enforcing authority . –The Bureau shall be the certifying and enforcing authority for the goods or articles specified in column (2) of the said Table.

4. Penalty for contravention. –Any person who contravenes the provisions of this Order shall be punishable under the provisions of the Bureau of Indian Standards Act, 2016.

TABLE

Note: For the purposes of this Table, the latest version of Indian Standards including the amendments issued thereof, as notified by the Bureau of Indian Standards from time to time, shall apply from the date of such notification.

[F. No. P-14031/20/2023-CI]

SANJIV, Jt. Secy.