European companies should know about BIS registration in India

Before you start importing or manufacturing your product in India, it is wise to check whether you need a mandatory BIS registration. This is a hallmark issued by the Indian government to guarantee the quality of specific products. There are registration options for around 900 products, but for more than 300 products BIS registration is actually mandatory. For example, foodstuffs, household electrical products chemicals, cement and steel. In this article, we explain what a BIS registration is and how you can obtain one.

What does BIS stand for?

The 'BIS' in BIS certification stands for the Bureau of Indian Standards, which is the national certification body of India. The bureau was established in 1986 with the aim of: 

• offer consumers safe goods of reliable quality

• minimising health risks for the consumer

• human, plant and animal safety

• environmental safety

• prevention of misleading commercial practices

• promotion of a culture of quality through the application of good manufacturing practice

• educating the industry in various aspects of standardisation and testing

• promotion of exports and encouragement of import substitution

• monitoring the distribution of plant species

• minimising waste

The BIS Product Certification System is one of the largest in the world, with over 26500 licence holders for more than 900 products. BIS certification allows licensees to use the popular ISI mark on their product, which in India is synonymous with a quality product. Within the BIS Product Certification System, there are four different ways or 'schemes' by which producers can apply for registration depending on their product.

The four different BIS Certification Schemes

1. The normal procedure for domestic manufacturers 

The applicant must submit the BIS certification application with the required documents and the required fee. After submitting the application, a preliminary factory assessment is carried out by a BIS employee. Subsequently, samples are tested at the factory and samples are also taken for independent testing in an external laboratory. BIS certification is granted if the samples meet the standards. Under this method, BIS certification is expected to be granted within 4 months of the application being submitted.

2. Simplified procedure for domestic manufacturers 

In the simplified procedure, in addition to the documentation required for the BIS registration, the applicant must also enclose a test report of a sample by a laboratory recognised by the BIS. If the test report is satisfactory, an inspection of the factory site is carried out by a BIS employee. The BIS certification is granted if the verification by the BIS officer is sufficient. With this method, it is expected that the licence will be granted within 30 days after submitting the BIS certification application with the required documents and the test report.

3. ECO Mark Scheme 

BIS license for environmentally friendly products is granted under a scheme separate from the normal BIS certification process. Eco-friendly products must meet additional requirements to qualify for the ECO mark. However, the licensing procedure is similar to that of the scheme for domestic producers.

4. Foreign Manufacturers' Certification Scheme (FMCS).

Foreign manufacturers should apply for their BIS registration, if mandatory, through the FMCS. In addition, it is also possible to obtain the registration as a foreign manufacturer if it is not mandatory for your product. 

Applying for a BIS registration through the Foreign Manufacturers' Certification Scheme (FMCS)

Over 300 products, ranging from air conditioners to aluminium foil, require foreign producers to apply for BIS certification. In addition, a mandatory registration is required for 49 electronic & IT products that are not on the standard list, because the application for that certification does not go through the FMCS. More about this specific application can be found here.  

To obtain the BIS registration, you first need to apply to the BIS and pay the application fee for registration. Please be aware that a separate application is required for each product. The application to the BIS can be done by two entities:

• Your Indian liaison or branch office (as long as it has all the rights of the Reserve Bank of India to file an application) 

• A legally appointed agent in India

It is highly recommended to choose the second option. The process starts with a lot of paperwork in which you have to demonstrate how the quality of the product is guaranteed. It has to be explained on paper exactly how the production processes work, from the purchase of the raw materials to the ways in which the final product is tested. Only a local expert with specific experience in applying for BIS certification for international companies will understand how everything needs to be documented and submitted. If you place this task with your local entity and they start without experience, you are bound to experience a delay of several months.

Once your representative has submitted everything, your application will be examined by the BIS. If it is found to be complete, your application will be officially registered. A visit to your production facility is then scheduled with your Indian representative. The costs for this visit are at your expense and include working days, travel and accommodation expenses and the BIS employee's daily allowance. During the visit, the inspector will check the following items:

• Whether your production process and your testing facilities meet Indian standards

• The competence of your permanent test staff

• Whether samples of your product meet the requirements of the Indian standard.

The BIS inspector does not only carry out tests on site, but also takes samples which you must have tested by an external BIS-approved laboratory in India. The costs for these tests are also for you.

If the BIS considers the results of the inspection sufficient and the independently tested samples also meet the Indian standard, you will receive your BIS registration. Your representative must then sign the terms of the BIS agreement. This means that you are willing to comply with the Scheme of Testing and Inspection (STI) and will pay the annual minimum marking fee and the licence fee. 

Minimum marking fee and licence fee 

You have to pay the annual minimum marking fee (amount depends on your product) and the licence fee (₹1000) once the BIS registration is granted. Thereafter, you may pay the marking fee either quarterly or annually. A BIS licence is normally granted for the duration of one year, but extension options of up to 5 years are available for most products.

The renewal process is much simpler than the initial BIS registration as it does not require a visit to your facility. When applying for a renewal, you must submit the following documents:

1. Renewal form

2. Production details of products marked ISI

3. Extended bank guarantee (six months longer than the validity of the licence)

4. Proof of payment of the marking fees

No Objection Certificate

It sometimes happens that the code of your product indicates to customs that a BIS registration is required, but this is not the case. It also happens regularly that customs confuses products that are "similar" to your product and fall under the "mandatory certification". Your product is then detained by the authorities, leading to considerable delays, and you may even be fined.  

In order to prevent this, a special "No Objection Certificate" (NOC) can be requested from BIS, which proves that the material is not subject to "compulsory certification". BIS checks on a case-by-case basis, using test reports, product specifications, declarations and other evidence, whether a NOC is applicable. However, the fee for this certificate is limited. It takes approximately two months to obtain an NOC. A NOC is issued for every import of the same product and must be presented together with the cargo documents. 

Please note! Foreign producers of these 7 chemical products must certify themselves immediately

In April 2021, the Indian government has introduced a mandatory BIS certification for the production and import of 7 more chemical products. If you are importing chemicals into India, you should immediately check whether your products are covered by the scheme and apply for your certification by October 14, 2021. If you do not do this on time, you will no longer be able to export your products to India. We explain how to handle this process in the smartest possible way. 

On 15 April 2021, Indian government has added mandatory BIS certification for seven more chemicals to the existing list. In June last year, BIS registration was already mandatory for 14 chemicals. You can find the list of these products here. 

Bureau of Indian Standards (BIS)

The 'BIS' in BIS certification stands for the Bureau of Indian Standards. It is the national certification body of India. The bureau was established in 1986 with the aim of setting up standardisation of quality norms for various products, such as building materials, food products, consumer electronics and raw materials. 

The list of products to be inspected by the BIS is constantly expanding. As soon as a product is put on the list, the producer needs a mandatory certificate issued by the BIS. Domestic and foreign companies are given a period of six months to apply for their certificate. 

This is a very tight deadline and we therefore advise foreign companies to start this procedure as soon as possible. In order to give you a better insight into what is involved in a BIS registration as a foreign producer, we have prepared a comprehensive overview for you here.  

Obtaining the BIS certification without a local expert is asking for trouble

Obtaining registration can be an incredibly time-consuming and difficult process for foreign producers, as a lot of paperwork has to be submitted to BIS. For example, the producer must demonstrate how the quality of the product is ensured and how exactly the production processes are carried out, from the purchase of the raw materials to the ways in which the final product is tested.

It is therefore highly advisable to hire a local expert with specific experience in applying for BIS certification for international companies. If the documentation is not submitted properly, you will not only experience delays, but your business in India will also come to a standstill by November.

It is a requirement of the BIS that the foreign entity has a contact person in India who can organise the visit to the factory together with the BIS. The local expert can also assist you by fulfilling this role and taking this work off the hands of your staff in India. 

Does your product fall under the new regulation and have you not yet started the process? Our experienced experts can support you in obtaining the required BIS registration, smoothly and without delay. Please contact us with your specific questions.

Do you export chemical products to India? Then you need a BIS certification immediately

In June 2020, the Indian government has introduced a mandatory BIS certification for the production and import of 14 chemical products. If you, as a foreign manufacturer, have not applied for this certification by 13 December 2020, you will no longer be able to export your products to India. Our expert Dhrub Thakur explains how to handle this process in the smartest possible way. 

Bureau of Indian Standards (BIS)

The 'BIS' in BIS certification stands for Bureau of Indian Standards. This is the national certification body of India, which comes under the Ministry of Consumer Protection, Food & Public Distribution. The bureau was established in 1986 with the aim of setting up standardisation of quality norms for various products such as building materials, food products, consumer electronics and raw materials. 

"The list of products that need to be inspected by the BIS is constantly expanding," says Dhrub Thakur, head of the legal department at Maier+Vidorno, the partner of IndiaConnected. "For example, last June it was decided to add 14 chemical products, which from now on must have a mandatory certificate issued by the BIS. Producers have been given a deadline of six months to obtain their certificate. That is a very tight deadline, because the procedure itself can take up to six months."

Chemical products are subject to mandatory BIS certification including factory inspection

 There are 3 different types of BIS certifications:

• The mandatory BIS certification including factory inspection

• The mandatory BIS certification without factory inspection

• The voluntary BIS certification

"The chemicals just added fall under the first type of certification," Dhrub explains. "This means that both domestic and foreign manufacturers need licences to manufacture, sell and supply chemical products in India. A factory inspection is mandatory for both. It is therefore an incredibly time-consuming process that producers need to start as soon as possible." 

Obtaining the BIS certification without a local expert is asking for trouble

"The process starts with a lot of paperwork that has to be submitted to the BIS," says Dhrub. "The producer must demonstrate how the quality of the product is ensured. It has to be explained on paper exactly how the production processes work, from the purchase of the raw materials to the ways in which the final product is tested." Dhrub therefore recommends hiring a local expert who has specific experience in applying for BIS certification for international companies. "As a company, you really need someone who has worked with the BIS before and understands how everything needs to be documented and submitted. So don't just accept an offer from your importer or agent in India who says they will take care of it. If you delay, your business in India will come to a standstill in December.

Once the submitted documents are approved, a visit to the factory is scheduled by the BIS. "It is a requirement of the BIS that the foreign entity has a contact person in India, who can organise the visit to the factory together with the BIS. This can of course be the importer or agent," says Dhrub. "The inspector will then visit to verify the submitted documents and inspect the processes in the factory. Samples will also be taken, which will be tested in an independent laboratory in India before certification can be granted." 

According to Dhrub, European producers will probably have to make little or no changes to their production process or product. "The Indian standard is not very different from other standards that apply in Europe or the United States, for example. Despite this, the application process is extremely time-consuming, so I cannot stress enough that you, as a foreign producer, should start this process on time, with the right local help."