Legal Challenges of Selling Products Without BIS Registration

In the consumer-centric market, quality and safety standards are of utmost importance. Consumers don’t compromise on the authenticity of the products. The competition in the market has given rise to many products, and only quality and safety standards make the products unique among the competitors. Hence, BIS is a standard body for the products, and selling products without BIS Registration can lead to legal challenges. 

What is BIS registration?

The Bureau of Indian Standards is a national regulatory standards body for quality and safety compliance of products. It is under the Ministry of Consumer Affairs, Food and Public Distribution in the government of India. It does many activities like standardisation procedures, testing of products and ISI marking, training for services, providing certification, and spreading awareness. 

It is a process by which the manufacturer of products gives assurance about the quality and the safety standards of its products by getting BIS certification. BIS Registration is a regulatory requirement, but mandatory for a certain list of products that have to be BIS registered before selling into the Indian marketplace. 

Benefits of BIS registration : 

There are many benefits of BIS Registration. 

1. Quality Compliance- The BIS Registration helps in the quality compliance of the product and promotes consumers’ trust. 

2. Safety Measures- BIS registration ensures safety protocols, and safety measures associated with the product reduce the risk generated. 

3. Gains Trust- It helps in gaining the trust of the consumers as the ISI mark, after BIS certification, indicates that the product has gone through testing and has met the required Indian Standards. 

4. Establish brand value- BIS registration of products has led to establishing a reputed name for the brand, hence gaining market value and establishing brand reputation. 

5. Global opportunities- BIS-certified products expand business opportunities not only in the domestic market but also in global markets and bring trade. 

6. Environment Protection – BIS registration of products also promotes environmental protection and sustainability. 

List of products that need BIS registration: 

The mandatory list of products is. 

1. Electronics and Information Technology products. 
2. Household appliances and electronics.
3. Children’s products and toys.
4. Materials required for construction and chemicals are also needed. 
5. Food and food-related products. 
6. Electrical equipment and cables.
7. Renewable energy products and solar products. 

Challenges :  

BIS Registration is voluntary yet mandatory for certain products, and selling products without BIS Registration can bring legal challenges. This registration is an important requirement for safety and quality measures. 

1. Fines- Financial fines can be imposed on companies that are selling unregistered products. The amount of the fine can be fixed or can be 10 times the price of the goods. For the first offence, it can be up to 2 lakhs for each product, and for another offence, it can be up to 5 lakhs. 

2. Confiscation of products- Non-certified products can be confiscated or banned in the Indian market, which impacts businesses financially. 

3. Custody- The individuals from businesses selling non-certified products can be imprisoned for up to 2 years. 

4. Termination of license- Businesses that are not following BIS regulations can be subjected to license suspension. 

5. Legal action by Consumers- Consumers affected by non-certified products can sue the business, which leads to reputation and capital loss. 

6. Besmirching- Products noncompliant with BIS standards lead to besmirching and affect the consumers’ trust. 

7. Trade barrier- Non-certified products are restricted from imports, and the customs officers can cancel the shipments. 

Conclusion: 

BIS Registration guarantees standardised manufacturing with safety and quality assurance. It has positive impacts on the business operating in India and also outside India. BIS-registered products establish market value and gain the trust of consumers. It is a regulatory requirement that is mandatory for certain products, but if every product gets BIS certification, the products will step forward in the competitive marketplace. BIS regulations safeguard the interests of consumers and ensure ethical trading. 

The BIS registration is a complex process, but can be streamlined by consulting with ERCS Pvt Ltd, which is a global consultancy firm for BIS Registration. Visit us at: www.elitsarcs.com