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        Customs, DGFT & SEZ

        Import of Substandard and Harmful Toys

        March 23, 2022

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        The import of toys, games, sports equipment from China is showing a declining trend. The imports of these products from China have reduced from 451.71 USD million in 2018-19 to 206.11 USD millions in 2021 (from April 2021 to Jan 2022).

        To control import of cheap and sub-standard toys, Directorate General of Foreign Trade (DGFT) vide notification No. 33/2015-2020 dated 2.12.2019 has mandated sample testing from each consignment and no permission for sale unless the quality testing is successful. In case of failure, the consignment is either sent back or destroyed at the cost of the importer.

        The Government has also issued Toys (Quality Control) Order, 2020 on 25 Feb 2020 through which toys have been brought under compulsory Bureau of Indian Standards (BIS) certification with effect from 1st Jan 2021. This QCO is equally applicable to domestic manufacturers as well as foreign manufacturers who intend to export their toys to India. As per this QCO,  it is mandatory for toys to conform to Indian standards for safety of toys and bear the standard mark (ISI mark) under license from BIS as per Scheme–I of BIS (Conformity Assessment) regulations 2018, and no person shall manufacture, importdistribute, sell, hire, lease, store or exhibit for sale any toys without the ISI mark. Under the BIS Product Certification scheme, only those foreign manufacturers whose manufacturing and testing capability has been assessed as satisfactory by BIS will be able to obtain BIS licence and thereby, export toys to India.

        Further, BIS also undertakes market surveillance activities and factory surveillance in order to check whether the licensee is operating satisfactorily as per the terms of the licence and Scheme of Inspection and Testing is being followed. Samples are also drawn for testing during these surveillance inspections.

        This information was given by the Minister of State in the Ministry of Commerce and Industry, Smt. Anupriya Patel, in a written reply in the Lok Sabha today.

        Mandatory BIS certification requires toys to bear ISI mark and pass consignment testing before sale. Toys are subject to compulsory BIS certification under the Toys (Quality Control) Order, 2020 and must conform to Indian safety standards and bear the ISI mark under BIS licence before manufacture, import, distribution, sale or exhibition; DGFT requires sample testing of each consignment with failed consignments returned or destroyed at the importer's cost, and BIS carries out market and factory surveillance including sample testing during inspections.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Mandatory BIS certification requires toys to bear ISI mark and pass consignment testing before sale.

                              Toys are subject to compulsory BIS certification under the Toys (Quality Control) Order, 2020 and must conform to Indian safety standards and bear the ISI mark under BIS licence before manufacture, import, distribution, sale or exhibition; DGFT requires sample testing of each consignment with failed consignments returned or destroyed at the importer's cost, and BIS carries out market and factory surveillance including sample testing during inspections.





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                              ActsIncome Tax
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