Over 91% of toys tested by BIS found compliant with quality norms

Mumbai: The Bureau of Indian Standards (BIS) has found 91 per cent of the 17,860 samples of toys compliant with the quality control order since its implementation in January 2021, reflecting availability of quality products in the domestic market.

The bureau has undertaken extensive enforcement activities following the implementation of the Toy (Quality Control) Order in January 2021, said Anil Kapri, Director and Head (Western Regional Lab), BIS, Mumbai.

"To keep a check on the quality of certified toys available in the market, BIS is consistently increasing the number of samples drawn for testing. The data since 2021 reflects an upward trend in surveillance activity," said a senior official at Department of Consumer Affairs in the central government.

"Moreover, it is evident that an increasingly higher proportion of these samples are found to be in compliance with Indian Standards, indicating a positive shift in the overall quality of toys available in the market," the official added.

As per the BIS data, 16,240 samples (91 per cent) out of 17,860 samples tested so far have been found compliant with the Indian Standards.

In the current fiscal till June 17, BIS has tested 537 samples and out of that 98 per cent have been found compliant with quality norms.

The BIS has developed and published Indian Standards for toys that encompass physical, chemical, and electrical safety requirements.

To enforce compliance, the Department for Promotion of Industry and Internal Trade (DPIIT) issued the Toys (Quality Control) Order), 2020, which came into effect on January 1, 2021.

This order mandates that all toys sold in India, whether manufactured domestically or imported, must conform to seven specific Indian standards and bear the ISI mark under a valid BIS licence.

As per the latest figures, there are 1,640 BIS-certified toy industries in India, of which 1,165 licences are for non-electronic toys and 475 for electric toys.

The enforcement action involves conducting search and seizure operations under Section 28 of the BIS Act, 2016, which empowers the bureau to enter premises, search, and seize products suspected of non-compliance with Quality Control Orders, for subsequent legal actions.

Since the implementation of Toy Quality Control Order, the official said that the BIS has conducted 159 search and seizure operations targeting non-compliant toys in the market. This includes 15 search and seizure operations conducted on e- commerce warehouses.

Out of these cases, court proceedings have been completed in 8 instances, resulting in penalties for the defaulters. The courts have imposed fines ranging from Rs 1 lakh in one case to Rs 2 lakh in the remaining seven cases.

As per Section 29 of the Act, any person who manufactures, imports, distributes, sells, exhibits or offers for sale any product in contravention of a QCO may face imprisonment for a term which may extend up to two years, or a fine not less than Rs 2 lakh but which may extend up to ten times the value of the goods or articles, or both.

"The enforcement of a Quality Control Order (QCO) is an essential component of the regulatory framework designed to ensure that only certified, tested, and safe products are made available in the market," Kapri said here.

It also plays a crucial role in maintaining a level playing field for manufacturers who comply with mandatory certification requirements.

Without effective enforcement, non-compliant entities could continue to operate unchecked, gaining an unfair competitive edge over those who invest in quality assurance and certification.

To detect non-compliant toys, BIS conducts regular market surveillance covering both offline retail stores and online e-commerce platforms.

When non-certified toys are found, enforcement actions are not limited to the sellers alone. The BIS makes concerted efforts to trace the source of manufacture of such toys and initiates appropriate legal action against the manufacturers, the official said.

In the case of e-commerce platforms, action is also taken at the warehouse level, where non-compliant products are often stored before distribution.

Apart from its own surveillance mechanisms, the BIS also receives information about non-compliant products through complaints filed by consumers. These complaints may be lodged via the BIS Care mobile app, by post, or through email.

Each complaint is followed up with an investigation, followed by search and seizure, wherever necessary. Subsequent to search & seizure operations, legal actions are initiated under the BIS Act, 2016.