Insulated Flask, Bottles and Containers for Domestic Use (Quality Control) Order, 2024

Introduction: The Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade, has issued a new Order on March 5, 2024. This Order, designated as S.O. 1072(E), replaces the previous Insulated Flask, Bottles, and Containers for Domestic Use (Quality Control) Order, 2023. This article provides a comprehensive overview of the key provisions and implications of the new quality control measures.

Detailed Analysis:

1. Short Title and Commencement: The Order is officially titled the “Insulated Flask, Bottles, and Containers for Domestic Use (Quality Control) Order, 2024.” It is set to come into force three months from the date of publication, with specific timelines for Small and Micro Enterprises. Small Enterprises will comply after six months, while Micro Enterprises will have a grace period of nine months.

2. Compulsory Use of Standard Marks: Goods or articles falling under the Order must adhere to the corresponding Indian Standards, as specified in the Table. These items are required to bear the Standard Mark, obtained through a license from the Bureau, following Scheme-1 of Schedule-II of the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018. Exemptions are granted for goods meant for export and those manufactured by enterprises meeting specific criteria under the Ministry of Micro, Small, and Medium Enterprises scheme.

3. Certification and Enforcing Authority: The Bureau of Indian Standards is designated as the certifying and enforcing authority for the goods or articles listed in the Table. This emphasizes the pivotal role of the Bureau in ensuring adherence to the specified standards.

4. Penalty for Contravention: Any individual contravening the provisions of this Order will face penalties under the Bureau of Indian Standards Act, 2016. This underlines the seriousness of maintaining the stipulated quality standards and the legal consequences for non-compliance.

Table: The Table outlines the specific goods or articles, corresponding Indian Standards, and the titles of these standards. Insulated Flask for Domestic Use (IS 17790:2022), Domestic Stainless Steel Vacuum Flask/Bottle (IS 17526:2021), and Insulated Container for Food Storage (IS 17569:2021) are covered under this Order.

Conclusion: The new quality control measures introduced by the Ministry of Commerce and Industry aim to enhance the standardization of Insulated Flasks, Bottles, and Containers for Domestic Use. Enterprises must adhere to the specified Indian Standards, obtain necessary certifications, and comply with the regulations within the stipulated timeframes. The article highlights the importance of quality control, the role of the Bureau of Indian Standards, and the legal implications for non-compliance, providing a comprehensive understanding of the Order’s implications for manufacturers and consumers alike.

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MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
ORDER
New Delhi, the 5th March, 2024

S.O. 1072(E).—In exercise of the powers conferred by section 16 read with section 17 and sub-section (3) of section 25 of the Bureau of Indian Standards Act, 2016 (11 of 2016) and in supersession of the Insulated Flask , Bottles and Containers for Domestic Use (Quality Control) Order, 2023, except as respects things done or omitted to be done before such supersession, the Central Government, 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, 2024.

(2) It shall come into force with effect from three months from the date of publication of this notification:

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 six months from the date of publication of this notification:

Provided further 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 nine months from the date of publication of this notification.

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

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

Provided further that nothing in this Order shall apply to goods or articles manufactured domestically by an enterprise, registered with the Central Government under ^³Udyam Portal” of the Ministry of Micro, Small and Medium Enterprises scheme, wherein the investment in plant and machinery or equipment at original cost does not exceed twenty-five lakh rupees and the turnover does not exceed two crore 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 (1) of the 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 from time to time shall apply from the date of such notification.

[F. No. P-14031/20/2023-CI]
SANJIV, Jt. Secy.