Background information:

Safety of Toys as per Toys (Quality Control) Order, 2020 [ S.O. 853(E)] has been brought under compulsory BIS certification with effect from 01/09/2020 which states that Toys shall conform to the Indian Standards for Safety of Toys and shall bear the Standard Mark under a licence from BIS as per Scheme-I of Schedule-II of BIS (Conformity Assessment) Regulations, 2018 by DPIIT (Department for Promotion of Industry and Internal Trade), Ministry of Commerce and Industry, Government of India.

This order was amended via S.O. 3146(E) that extended the deadline which now stands as 1st Jan 2021.

Scope:

This Order applies to:

1. (Toys) Product or material designed or clearly intended, whether or not exclusively, for use in play by children under 14 years of age or any other product as notified by the Central Government from time to time.
2. Toys as they are initially received by the children and, in addition, this shall apply after a toy is subjected to reasonably foreseeable conditions of normal use and abuse unless specifically noted otherwise.

Toys certification is applicable to both Domestic and Foreign manufacturer.

1. Domestic Manufacturer Certification Under this scheme, licence is granted to domestic toy manufacturers (as per Scheme-I). All applications are to be made using option 1 and submission can be done online.
2. Foreign Manufacturers Certification Scheme (FMCS): Foreign manufacture can submit duly filled-in and complete application along with requisite fees to authority. Foreign applicant can also nominate an Indian Resident as an Authorized Indian Representative (AIR) while submitting the application. The application also requires manual submission.

Currently toys are classified in 2 categories.

•  Non-Electric Toys (these are ordinary toys such as rattles, dolls, puzzles, etc. which do not have any function dependent on electricity), IS 9873 (Part 1):2019
• Electric Toys (these are toys which have at least one function dependent on electricity) IS 15644:2006

Further, based on their specific purpose and function, toys have also been classified into 7 Categories and 146 sub-categories (based on IS 9873 (Part 8):2019). Please contact us if you require information on applicable toys standards by sending official request on our email id

The Order as published indicates IS 9873 (Part 1):2018 for ‘Mechanical and Physical Properties’ and IS 15644:2006 for ‘Electric Toy Safety’.  According to the Bureau of Indian Standards, the latest version of these standards are:

• IS 9873 (Part 1): 2019
• IS 15644:2006, reaffirmed 2016

Use of Standard Mark: Scheme – I (ISI Mark)

1. Each product or the package, as the case may be, shall be marked with the Standard Mark, as specified in Annexure-II.
2. The Standard Mark shall carry the licence number and reference to the Indian Standard in a visible manner and shall be as specified in the licence.
3. In case the licence number cannot be placed beneath the Standard Mark, it shall be suitably placed close to the Standard Mark in a linear manner.
4. The product details as per the requirement of the Indian Standard, which may include variety, lot or batch number, date or week of manufacturing, complete address of manufacturer shall be marked on either the product or the packaging or contained in a label attached to the product.
5. The marking details shall contain reference to the website of the Bureau so that a consumer may verify the authenticity of the standard marked product.
6. If the Standard Mark cannot be applied on the product or the packaging physically, it shall be given on the test certificate.
7. For any specific product, additional labelling and marking requirements may be specified by the Bureau in the relevant scheme of inspection and testing shall be complied.

For any specific product, additional labelling and marking requirements may be specified by the Bureau in the relevant scheme of inspection and testing shall be complied.

Source: https://bis.gov.in/index.php/fmcs/certification-process/bis-standard-mark/

Authority: The licence is granted by Foreign Manufacturers Certification Department (FMCD) located at BIS Headquarters, New Delhi for FMCS and by Regional and Branch office in case of Domestic manufacturer.

At REACHLaw we are happy to help both Indian manufacturing companies and foreign companies to prepare and submit quality application to obtain BIS license and its maintenance.

For more details, please contact us