Self- Contained Drinking Water Cooler (Quality Control) Order, 2023

On September 25, 2023, the Ministry of Commerce and Industry, in alignment with the Bureau of Indian Standards Act, 2016, introduced the “Self-Contained Drinking Water Cooler (Quality Control) Order, 2023.” This order focuses on ensuring the quality and safety of self-contained drinking water coolers available in the Indian market. In this article, we provide an in-depth analysis of this order, its implications, and the regulatory framework.

Short Title and Commencement:

• Officially named as the “Self-Contained Drinking Water Cooler (Quality Control) Order, 2023.”
• Effective date of implementation is six months from the publication of this notification in the Official Gazette.

Conformity to Standard and Standard Mark:

• Goods or articles listed in the Table must adhere to the corresponding Indian Standard specified in the Table.
• Manufacturers of these products must obtain a license from the Bureau of Indian Standards (BIS) and display the Standard Mark.
• Compliance with Scheme-1 of Schedule-II of the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 is mandatory.

Application to Micro and Small Enterprises:

• The order acknowledges the significance of accommodating micro and small enterprises by providing distinct timelines for compliance:
  • Micro-enterprises must comply within twelve months from the date of publication.
  • Small enterprises have a compliance period of nine months from the date of publication.

Certifying and Enforcement Authority:

• The Bureau of Indian Standards (BIS) is designated as the certifying and enforcing authority for the goods or articles specified in the Table. BIS plays a pivotal role in ensuring quality adherence in the production of self-contained drinking water coolers.

Penalty for Contravention:

• The order enforces penalties for any contravention. Individuals or entities found violating its provisions will face punishment in accordance with the provisions of the Bureau of Indian Standards Act, 2016.

The Comprehensive Table:

• The Table provided in the order lists self-contained drinking water coolers and their corresponding Indian Standard titles.
• These standards cover aspects related to energy consumption and performance, aligning with IS 1475 (Part 1): 2001.

Application of Latest Standards:

• The order specifies that the latest versions of Indian Standards, including any notified amendments by the Bureau of Indian Standards, shall apply for compliance purposes.

Conclusion

The Self-Contained Drinking Water Cooler (Quality Control) Order, 2023, introduced by the Ministry of Commerce and Industry, serves as a critical regulatory framework aimed at ensuring the quality, safety, and performance of self-contained drinking water coolers in India. By requiring manufacturers to adhere to Indian Standards and display the Standard Mark, this order assures consumers of the reliability and compliance of these products. Micro and small enterprises are accommodated with extended compliance timelines, fostering a smoother transition to quality standards. The Bureau of Indian Standards (BIS) plays a central role in enforcing these regulations, further enhancing the quality control mechanism. Overall, this order promotes consumer safety and quality assurance in the market for self-contained drinking water coolers, contributing to a healthier and more reliable product landscape.

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MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
ORDER
New Delhi, the 25th September, 2023

S.O. 4243(E).—In exercise of the powers conferred by section 16 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 Self- Contained Drinking Water Cooler (Quality Control) Order, 2023.

(2) It shall come into force on the expiry of six month from the date of publication of this notification in the Official Gazette.

2. Conformity to standard and compulsory use of Standard Mark. – Goods or articles specified in column (1) of the Table shall conform to the corresponding Indian Standard mentioned in column (2) of the Table and shall bear the Standard Mark under a license from the Bureau of Indian Standards as per Scheme-1 of Schedule-II to 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 in relation to micro enterprises, as defined under clauses (h) and (m), respectively of Section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), it shall come into force on the expiry of twelve month from the date of publication of this notification.

Provided also that in relation to small enterprises, as defined under clauses (h) and (m), respectively of Section 2 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), it shall come into force on the expiry of nine months from the date of publication of this notification.

3. Certification and enforcement authority. – The Bureau of Indian Standards shall be the certifying and enforcing authority for the goods or articles specified in 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 thereof, as notified by the Bureau of Indian Standards from time to time shall apply.

[F. No. P-29026/18/2023-LEI]

SANJIV, Jt. Secy.