The Latest BIS Market Surveillance Guideline 1

Overview:

The latest BIS market surveillance guideline was published on 18 April 2022, and the BIS Registration Department added detailed implementation rules on 28 April. This marks that the market surveillance policy implemented earlier has been officially abolished, and STPI will no longer perform the role of market surveillance. At the same time that the pre-paid market surveillance fees will be refunded one after another, it is highly likely that the relevant department of BIS will carry out market surveillance.

Applicable products:

Products from battery industry and related industry are as follows:

  • Battery, cell;
  • Portable power bank;
  • Earphone;
  • Laptop;
  • Adaptor, etc.

Related matters:

1.Procedure: Manufacturers pay surveillance charges in advance→BIS procures, packs/ transports and submits samples to recognized labs for testing→Upon completion of testing, BIS will receive and verify the test reports→Once the test reports are received and are found non complying with the applicable Standard(s), BIS shall notify the licensee/Authorized Indian Representative and actions shall be initiated in accordance with guidelines to deal with non-conformity(s) of surveillance sample(s).

2.Drawl of Sample: BIS can draw the samples from open market, organized buyers, dispatch points etc. For   foreign manufactures, where Authorized Indian Representative/Importer is not the end consumer, the manufacturer shall submit details of their distribution channel(s) including warehouse, wholesalers, retailers etc. where the product will be available.

3.Surveillance charges: Charges associated with surveillance which will be retained by BIS shall be collected in advance from the licensee. Emails/letters are being sent to the concerned licensees for providing the requisite information and depositing the fees with BIS. All licensees are required to submit details of the consignees, distributors, dealers or retailers through email in the format as attached and deposit the surveillance cost within 10 days’ and 15 days’ respectively of receipt of e-mail/letter by Demand Draft drawn in favour of Bureau of Indian Standards payable at Delhi. A system is being developed for feeding the consignee details and depositing the fees online. In case the requisite information is not submitted and the fees are not deposited within the stipulated time frame, the same will be construed as a violation of conditions of licence to use or apply Mark and appropriate action including suspension/ cancellation of license may be initiated as per the provisions of BIS (Conformity Assessment) Regulations, 2018.

4.Refund and replenishment: In the event of expiry/ cancellation of licence, the licensee/ Authorized Indian Representative may raise a refund request. Upon completion of procurement, packaging/transportation and submission of the samples to BIS/BIS recognized labs, actual invoice(s) shall be raised to the licensee/Authorized Indian Representative against which payment shall be made by the manufacturer/Authorized Indian Representative to replenish the cost incurred by BIS alongwith applicable taxes.

5.Disposal of Samples/Remnants: Once the surveillance process is complete and the test report is passing, Registration Department shall notify through the portal to the licensee/Authorized Indian Representative to collect the sample from the concerned laboratory to which the sample was sent for testing. In case the samples are not collected by the licensee/Authorized Indian Representative, laboratories can dispose off the samples as per the disposal policy under the Laboratory Recognition Scheme (LRS) of BIS.

6.More info: The details of the testing lab shall be disclosed to the licensee/Authorized Indian Representative only after the surveillance process is complete. The surveillance cost is subject to revision by BIS from time to time. In the event of revision, all licensees shall comply with the revised surveillance charges.

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