The latest BIS directive on market surveillance

Insight:

The latest BIS Market Surveillance Guideline was published on April 18, 2022 and the BIS Registry added detailed implementing rules on April 28. This marks that the market surveillance policy previously in place has been officially abolished, and STPI will no longer perform the market surveillance role. At the same time as the prepaid market surveillance fees will be refunded one after another, it is highly likely that the relevant department of the BIS will carry out the market surveillance.

Applicable products:

The products of the battery industry and related industry are as follows:

  • Battery, cell;
  • Portable Power Bank;
  • earphone;
  • Portable;
  • Adapter, etc.

Related questions:

1.Procedure: Manufacturers pay monitoring fees upfront → BIS procures, packs/transports and submits samples to recognized labs for testing → Once testing is complete, BIS will receive and verify test reports → Once test reports received and found to be non-compliant with the applicable Standard(s), the BIS shall notify the Licensee/Authorized Indian Representative and action shall be taken as directed to address monitoring sample non-compliances.

2. Sample draw: BIS can take the samples from the open market, organized buyers, shipping points, etc. For overseas manufacturers, where the authorized Indian representative/importer is not the end consumer, the manufacturer must provide details of their distribution channel(s) including warehouse, wholesalers, retailers. etc where the product will be available.

3. Supervision fees: Fees associated with monitoring which will be retained by BIS must be collected in advance from the license holder. Emails/letters are sent to the relevant licensees to provide the required information and deposit the fee with BIS. All licensees are required to submit details of consignees, distributors, resellers or retailers via email in the attached format and deposit cost of monitoring within 10 days and 15 days respectively of receipt e-mail/letter by sight draft drawn in favor of Bureau of Indian Standards payable at Delhi. A system is being developed to populate recipient details and file charges online. In the event that the required information is not submitted and the fee is not filed within the stipulated time, this will be construed as a violation of the terms of license to use or apply the mark and appropriate action, including suspension/ cancellation of the license, may be initiated as per the provisions of the BIS (Conformity Assessment) Regulations 2018.

4. Refunds and replenishment: In the event of permit expiration/cancellation, the permit holder/Authorized Indian Representative may submit a claim for reimbursement. Upon completion of procurement, packaging/transportation and submission of samples to BIS/BIS Recognized Laboratories, the actual invoice(s) should be made to the Licensee/Authorized Indian Representative against whom payment shall be made by the manufacturer / authorized Indian representative to reconstitute the cost incurred by BIS plus applicable taxes.

5. Disposal of samples/remains: After the monitoring process is completed and the test report is passed, the Registrar shall notify through the portal the Licensee/Authorized Indian Representative to collect the sample from the relevant laboratory to which the sample was sent for the test. In the event that the samples are not collected by the Licensee/Authorized Indian Representative, the laboratories may dispose of the samples in accordance with the Disposal Policy under the BIS Laboratory Recognition System (LRS).

6. More information: The details of the analytical laboratory will only be disclosed to the licensee/Authorized Indian Representative after the monitoring process has been completed. The cost of monitoring is subject to review by the BRI from time to time. In the event of a revision, all licensees must comply with the revised monitoring fees.

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