BIS Certification for Toys

Consumers wish to purchase items of the best quality for themselves and their families. Almost more than half of the population today understands the need for products to be of the best quality. Toys are one of the most significant and largely sold products. It hereby is necessary that such items that would end up in the hands of children must be of the utmost quality. But on what grounds could this determination be made? The Indian Government observed the need to maintain a standard for every product made in India or exported and established a National Standards Body called the Bureau of International Standards or BIS. The BIS was constituted under the BIS Act, 2016 to ensure products are not capable to cause any health hazard. The BIS shall issue a certificate to the manufacturer, seller, or anyone involved in the storage of certain products upon which the products must be marked with an ISI sticker. This sticker hereby represents that a product is certified and has been declared of good quality, has passed all relevant tests, and conforms to the provisions laid down by the BIS. 

A BIS Certificate holder was earlier not obligated to include a marking onto their products and was only done voluntarily. However, on 1st January 2021, the Central Government instructed all manufacturers, sellers, and anyone who stores toys in India shall mandatorily use an ISI sticker.  Also, through a Quality Assurance Order, the Central Government made it mandatory for certain other industries to ensure the use of a Standard Marking on their products upon the issuance of a Certificate or a license. The BIS currently holds up to 20,000 standards of certifying products. 

A toy certified is a result that it has undergone relevant safety tests and is of assured quality. Following are a few reasons a BIS Registration is beneficial-

• Assures a Standard quality of products and ensures the durability and good performance of BIS-certified items by providing authenticity.
• Products that are BIS certified reduce all environmental concerns since BIS has set standards that forbid the use of specific chemicals and materials during the production of products.
• Products are granted Certification only if they pass quality tests and all necessary scrutiny which would determine the safety of products.
• Manufacturing and selling products that are BIS Certified would ultimately help gain the trust of consumers. 
• Certification under the BIS would protect consumers and the environment from any kind of health hazards or any other hazardous particles.  
• A BIS Certified product is unlikely to attract legal action.
• Quality products would further attract the business of imports and exports in the country. 

The BIS classifies the categorization of certain products that need to be licensed compulsorily. Upon the granting of such licensing, the BIS lays down a certain type of scheme are laid down for products that are required to obtain a Compulsory license. They are as follows

1. ISI Scheme

For products produced in a manufacturing facility and meeting all requirements of the applicable Indian Standard, the licensee (maker) is required under this system to use or apply a Standard Mark ISI awarded by the Bureau of Indian Standards. Manufacturers of goods subject to the mandatory BIS certification under Scheme-I must register using the standard process. However, the list of products that fall under simplified registration also includes some that may need mandatory certification. When products require BIS, certifications are specified as being eligible for streamlined registration, their producers should register such products using the simplified process rather than the standard one.

The BIS lays down around 380 products to be marked under this Scheme. The Toys (Quality Control) Order 2020 was further amended to lay down compulsion related to the certifying of toys. The certification of the types of toys is mentioned as follows-

• Electrical Toys- IS Code of 15644
• Non- Electrical Toys- 

1. IS 9873 (Part 1): 2018: Safety Aspects Related to Mechanical and Physical Properties.
2. IS 9873 (Part 2): 2017: Safety of Toy Flammability.
3. IS 9873 (Part 3): 2017: Safety Requirements for Migration of Certain Elements.
4. IS 9873 (Part 4): 2017: Safety of Toys like Swings, Slides, and Similar Activity Toys for Indoor and Outdoor Family Domestic Use.
5. IS 9873 (Part 7): 2017: Safety of Toy requirements and Test Methods for Finger Paints.
6. IS 9873 (Part 9): 2017: Safety of Toys from certain Phthalates Esters in Toys and Children’s Products.

2. Compulsory Registration Scheme under the BIS (CRS)

Laid down under Scheme II, the Scheme includes all electronics and goods used in the IT sector and are required to be registered compulsorily. According to an order by the Ministry of Electronics and Information technology, no one shall produce, store for sale, import, sell, or distribute goods that do not meet the stipulated Indian standard. After having their products evaluated by BIS-approved labs, manufacturers of these goods must submit an application for registration with the Bureau of Indian Standards (BIS). 

3. Foreign Manufacturers Certification Scheme (FMCS)

In accordance with the BIS Act, 2016, and the Rules & Regulations made thereunder, the Bureau of Indian Standards (BIS) has been running the Foreign Manufacturers Certification Scheme (FMCS) since the year 2000. A Foreign Manufacturer is awarded a license under FMCS to use a Standard Mark on a product if it complies with an Indian Standard. A license under the Scheme may be granted for any product, except for electronics and IT goods. The Foreign Manufacturers Certification Department (FMCD), is housed at the BIS Headquarters, in New Delhi.

The Union Ministry of Commerce and Industry's Toys (Quality Control) Order outlines seven Indian standards encompassing a wide range of toy-safety concerns that producers must adhere to. These Indian Standards are in line with the current International Toy Safety Standards, which were developed by the International Electrotechnical Commission (IEC) and International Organization for Standardization (ISO).

Toys with dangerous components, tiny parts, and badly constructed are very common. To make toys soft and malleable, some materials like polyvinyl chloride (PVC) are employed. PVC contains hazardous compounds like phthalates, lead, and cadmium. Children are most likely ingesting phthalates which can cause dangerous illnesses in them. 

Hence, the Government imposed the compulsion on a BIS mark on all toys meant for children up to 14 Years. Parents who purchased a toy without the BIS quality mark can file a complaint against the vendor and the manufacturer with the BIS local office or online. Parents can still protest about a product even if it bears the ISI label but does not meet the standards, and BIS can recall it, demand that the producer replace the flawed item, or refund the purchase price. If a kid has been injured, the parents may seek compensation for both the physical harm and the mental suffering the youngster has endured.

• The BIS issues a license following a successful evaluation of a manufacturer's manufacturing infrastructure, production process, quality control, and testing capabilities during a visit to its manufacturing facilities. Additionally, testing conducted in the manufacturing facility, by a third-party laboratory, or a mix of the two is used to determine whether the product complies with the relevant standard.
• The application must be submitted using Form-V, as described in BIS (Conformity Assessment) Regulations 2018 - Scheme I. It will be necessary for the applicant to submit the essential paperwork in accordance with Form V.
• An evaluation of the applicant's factory's manufacturing infrastructure, production process, quality control, and testing capabilities will be conducted during the inspection, and samples will be taken for testing in a third-party laboratory.
• If only factory testing will be used to determine whether a license should be granted, a sample cannot be taken. Factory testing is allowed for the products that are specified which are generally submitted owing to factors like large products, shipping challenges, etc.
• In the case of a new product, that is not a third-party laboratory, cases may be taken into consideration for the grant of a License based on manufacturer testing. However, in the event, that a third-party laboratory or laboratories are acknowledged for any of these items in due course
• The number of man-days necessary for such visits may be evaluated and approved by the Head if the Grant of Licence is to be based on the product's comprehensive testing in the factory.

For Foreign Manufacturers

• Documents attesting to the establishment of the Branch or Liaison Office of the Applicant or the Agent appointed by the Applicant in India, including, as necessary, permission from the Reserve Bank of India, such as a registration certificate in the case of an incorporated company or a partnership deed in the case of a firm.
• Nomination of the officially executed, on the Applicant's letterhead and following the Bureau's format, an authorized representative of the Applicant's Liaison, Branch Office, or duly appointed Agent, as the case may be.
• Flowchart illustrating the entire manufacturing process. from the purchase of components and raw materials to the storage of the finished product.
• System of quality control being used in the factory (e.g., copy of Quality Manual, Quality Plan, Test Formats, etc.)
• Details of any further Certifications for the factory's systems and/or product(s), if applicable.
• Information about any pre-certification for the parts or raw materials used in the production of the product.
• Manufacturing equipment list.
• A test equipment List that indicated equipment used for the complete process of testing. 
• Drawing of the Product and/or Components. 
• Lab In-Charge/Technical/Quality Control Personnel Appointment Letter, Qualification Certificate, and Experience Details. This applies to those that are not consultants.
• Test results from a certified independent lab or the applicant's internal lab.
• Layout plan of the industrial space, clearly indicating the locations of the main production equipment, the laboratory, etc.
• Location of the plant from the nearby airport, train station, or landmark, along with directions on how to get there from India.
• Application fee of Rs. 1000 ($1) should be transferred to BIS using RTGS, NEFT, or SWIFT.
• On Details about the prior licenses held, licenses cancelled, and applications rejected, bank account information is provided. The Application Form must also include the reasons for any such cancellation, rejection, and/or conviction in the past under the BIS Act, 1986.
• A Nomination of Indian Representative form needs to be mandatorily submitted by the CEO or an authorized person of the manufacturing company along with the authorized person in India. Any modification of the approved Indian Representative should be immediately reported to BIS along with a new nomination. An application may only suggest one candidate. The Indian Representative should be in a position to give the BIS whatever information they may need on the manufacturer's receipt of a BIS Certification Mark license upon request. The application is subject to rejection if there is no such Indian Representative, or if the Indian Representative of the manufacturer fails to comply with the BIS Act, 1986, and the Rules and Regulations promulgated thereunder, as well as the terms and conditions of the license, in which case the license will be put under stop marking and processed for cancellation.

For Domestic Manufacturers

• Name and location proof of the factory and office
• Documents proving the manufacturing unit's establishment, such as a memorandum of association, and an incorporation certificate. 
• A registration certificate for MSME/SSI, if applicable
• All manufacturing processes are included in the manufacturing process flow (from raw material to finished product stage)
• list of manufacturing equipment and information about the machinery
• Information about outsourcing a manufacturing activity, if any
• A comprehensive list of testing locations and testing equipment
• Copies of the testing equipment's current calibration certifications
• If applicable, a third-party laboratory test report in accordance with Indian Standards
• The layout of the factory's grounds and a map of its location.
• Report of internal or external testing, if appropriate
• If the authorized signatory has signed the application, attach the CEO's authorization letter in their name.
• The nomination information for the Indian agent and the nomination form in the case of a foreign manufacturer or overseas applicant.

The license is granted by the BIS and is valid for a period of 2 (two) Years. 

When can a License Application be Rejected?

According to sub-regulation (6) of regulation 4 of the BIS (Conformity Assessment) Regulations, 2018, the application may be processed for rejection.  It may include             one   or   more   of   the   situations   mentioned  below:     

• Samples not submitted for testing within 30 days after the application's recording.  
• If the sample(s) of the varieties are discovered to be failing for a second time, the application may be processed for rejection. If not, the scope may be limited in light of the varieties discovered to be conforming and the product's guidelines. If an applicant requests that a counter sample be tested, the request may be accepted and regarded as a second round of testing, as determined by the Head (BO) or DDGR, as appropriate.
• No testing facilities available to the applicant
• Not having any technical personnel with the applicant 
• If corrective measures are not implemented within the time frame specified in the discrepancy-cum-advisory report.
• The company has not been paying its financial obligations to the Bureau.

What Is The Penalty For Non-Compliance?

Toys that are not BIS certified, both those created in India and those that have been exported, are liable for being seized during BIS teams' raids on toy shops in malls and airports around the nation. According to the Toys (Quality Control) Order, units not following the Government rules shall be liable to imprisonment of 2 years in jail or, a fine of up to 1 lakh rupees on its first offense and 5 lakh rupees on subsequent offenses.