News/Blog

New India Market Surveillance Policy

by Rona Tumamao (January 11, 2019)

On December 26th, 2018, the Government of India announced the new execution of Market Surveillance for products that have been granted India BIS Certification under the Electronics and Information Technology category.

The modified ‘Market Surveillance’ process is a step forward in the compliance direction as it intends to have a wider outreach in terms of scalability and accountability.

The surveillance is comprised of random surveillance of registered manufacturer and market surveillance to curb the sale of non-registered/non-compliant notified goods being sold in the market. MeitY has revamped the surveillance process wherein ‘STPI’ has been entrusted with the administration of this surveillance.

STPI shall be performing the surveillance activities, including:

  • The collection, storage and delivery of the test samples to BIS recognized labs
  • Review of test reports
  • Collection of charges (as notified by MeitY) for implementation of “Electronics and Information Technology Goods (Requirement for Compulsory Registration) Order, 2012” notified on 03.10.2012.

What are the immediate actions Manufacturer have to take to avoid any cancellations?       

Manufacturers have to pay for the following charges to execute surveillance by January 31st, 2019.

  1. Maximum Retail Prices (MRP) of required quantities of test and counter samples
  2. Logistics/Packaging charges, Lab test charges and charges for storage of counter samples

The charges of surveillance activity would be as per following given structure by STPI:

1. Sample Cost MRP of Registered Model (max.)
2. Testing Charges Test charges of Govt. Lab+ Taxes
3. Handling Charges Towards professional packing & transportation 25% of the test charges of Govt. lab+ Taxes fixed for surveillance testing by MEITY
4. Storage charges (If applicable) 25% of the test charges of Govt. lab+ Taxes (if counter sample is not retained by manufacturer and is handed over to agency for storage)

 

1. Manufacturers must provide the following details to STPI. Be sure to mention all the R- no for same models.

Registered No. MRP of all registered models TYPE of Samples: Made-to-Order/ available in market

** In the case of Custom Built/ Made-to-Order products, the Manufacturer has to provide both a declaration & deposit surveillance charges as per provisions of the Cl. No.3.3, excluding cost of the samples to STPI for executing surveillance.

2. The manufacturer has to provide a declaration on the models which are not sold in the market, If they are found in the Indian market, the case will be processed for Cancellation of Registration.

3. If the manufacturer has more than one R-Number for model ’X’ being manufacturing at different locations, the brand manufacturers have to submit the MRP (Maximum Retail Prices) of sample covered in all registration numbers, along with other charges.

4. The manufacturer/LR (Local Representative) may retain the counter sample sealed by STPI at their premises. If the manufacturer/LR intends to retain the counter sample, he should provide a declaration to STPI.

5. The manufacturer /LR will be responsible to ensure sample is kept in safe conditions. If the sealed sample broken/tempered, the counter sample will not be used to resolve subsequent disputes.

 

For additional information, please contact G&M Compliance, Inc. at 714-628-1020