Introduction: The Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade, has issued a significant order on Potable Water Bottles Quality Control. This order, effective from the 5th of March, 2024, replaces the previous regulation and aims to ensure the quality and standards of potable water bottles in India.
Detailed Analysis:
1. Short Title and Commencement: The Potable Water Bottles (Quality Control) Order, 2024, comes into force three months from the date of publication. Small and Micro Enterprises have staggered timelines for compliance, ensuring a smoother transition.
2. Compulsory use of Standard Marks: The order mandates that goods or articles listed in the table must conform to the corresponding Indian Standard and bear the Standard Mark under a license from the Bureau. Exceptions are made for goods manufactured for export and those produced by small and micro-enterprises meeting specific criteria.
3. Certification and Enforcing Authority: The Bureau of Indian Standards takes on the role of both certifying and enforcing authority for the specified goods or articles. This ensures a centralized and standardized approach to quality control.
4. Penalty for Contravention: Stringent measures are in place for non-compliance. Any person contravening the provisions of this order is subject to penalties as per the Bureau of Indian Standards Act, 2016.
Conclusion: The Potable Water Bottles (Quality Control) Order, 2024, demonstrates the government’s commitment to ensuring the safety and quality of consumer products. Businesses must familiarize themselves with the new regulations and work towards compliance to avoid penalties. This order not only safeguards consumers but also promotes fair practices in the industry, aligning with the broader goals of the Ministry of Commerce and Industry.
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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.0. 1071(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 Potable Water Bottles (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 Potable Water Bottles (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 We 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 also that for Micro Enterprises, as defined under We 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 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 “Udyam 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
Goods or articles | Indian Standard | Title of Indian Standard | ||
(1) | (2) | (3) | ||
Potable water bottles | 17803 :2022 | Potable Water Bottles Aluminium) | (Copper, | Stainless Steel, |
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-14031/12/2023-CI]
SANJIV, Jt. Secy.