BIS Certification for Toys

Ensuring product safety for children is paramount. In India, the Bureau of Indian Standards (BIS) enforces this through mandatory BIS certification for toys, a requirement that ensures all toys in the market meet specific quality and safety standards.

This certification helps protect children from potential hazards associated with unsafe toys, such as choking, strangulation, or exposure to harmful chemicals.

Understanding the Toys (Quality Control) Order, 2020

The Government of India introduced the Toys (Quality Control) Order, 2020, to ensure that only safe and high-quality toys are available in the Indian market. This order made BIS Certification mandatory for all toys intended for children under the age of 14, whether manufactured domestically or imported.

Key Highlights:

• Enforced by the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry.
• Effective from January 1, 2021.
• Applies to both domestic and foreign manufacturers intending to sell toys in India.
• Toys must carry the ISI Mark, signifying BIS certification and compliance with Indian Standards.
• Covers both electrical/electronic toys and non-electronic toys under specific standards.

Why is BIS Certification Mandatory for Toys in India?

The BIS certification is not just a legal requirement; it is a critical safety measure aimed at protecting children from potentially dangerous and low-quality toys.

Primary Objectives

• Ensure Child Safety: Protect children from risks related to choking, sharp edges, toxic materials, and electrical hazards.
• Standardized Testing: Toys are tested against safety parameters, including mechanical strength, flammability, chemical content (like lead and phthalates), and electrical safety for battery-operated toys.
• Prevent Import of Unsafe Toys: Blocks the entry of substandard, non-compliant, or counterfeit toys into the Indian market.
• Promote Fair Trade: Encourages ethical manufacturing and fair competition.
• Boost Consumer Trust: Helps parents make informed, safe purchasing decisions.
• Support 'Make in India': By ensuring locally made toys meet high safety standards, the certification strengthens the reputation and global credibility of Indian toy manufacturers.

The Role of the Bureau of Indian Standards (BIS) in Toy Safety

The Bureau of Indian Standards (BIS) plays a central role in ensuring that only safe and quality-compliant toys reach Indian consumers.

BIS Responsibilities Include:

• Formulating Indian Standards (IS) for toys (e.g., IS 9873 Part 1 for mechanical and physical properties).
• Testing & Certification: Conducts inspections, product testing, and factory audits.
• Licensing: Grants licenses to manufacturers that meet all BIS compliance criteria, authorizing them to use the ISI Mark.
• Factory Surveillance: Regular monitoring of certified manufacturers to maintain consistent quality.
• Regulation of Imports: Foreign manufacturers must obtain BIS certification via an Indian Authorized Representative (AIR).
• Public Awareness: Promotes education on safe toy use and the importance of certified products.

The mandate for BIS certification for toys is broad and covers various stakeholders in the toy industry.

1. Manufacturers:

• Domestic Manufacturers: All manufacturers producing toys in India for children under 14 years of age.
• Foreign Manufacturers: Foreign manufacturers who wish to export and sell their toys in the Indian market. They must obtain a valid BIS certification for their products.

2. Importers: Importers are only permitted to bring in toys that bear the ISI mark, which signifies that the foreign manufacturer has obtained BIS certification. While importers themselves don't directly get the BIS license, they are responsible for ensuring the toys they import are certified.
3. Retailers, Distributors, and Sellers: Any business or individual involved in the commercial trade of toys—including selling, distributing, storing for sale, hiring, leasing, or exhibiting—must ensure their products conform to Indian Standards and bear the ISI mark.

Selling toys without the ISI mark is prohibited and can lead to criminal liability, including imprisonment and fines.

To achieve compliance, manufacturers must identify the specific IS standards that apply to their toy's type, features, and power source.

You must provide complete documentation to prove your toys meet BIS safety and quality standards.

For Indian toy manufacturers, the path to obtaining BIS certification for toys involves the ISI Mark Scheme (Scheme I).

Here's a step-by-step guide:

Step 1: Understand Standards & Grouping

• Identify relevant IS: Determine the specific Indian Standard(s) (e.g., IS 9873 for non-electric, IS 15644 for electric toys) that apply to your product.
• Categorize your toys: Understand how BIS groups toys for certification, as one primary standard might cover multiple similar products.

Step 2: Establish In-house Lab & QC

• Set up testing facilities: Ensure your factory has an adequately equipped in-house laboratory to perform mandatory tests.
• Implement quality control: Establish documented quality management procedures and appoint qualified personnel for consistent quality assurance.

Step 3: Prepare Documentation

• Gather business & factory details: Collect all company registration, manufacturing licenses, factory layout, and machinery information.
• Compile product & QC specifics: Prepare detailed product specifications, raw material lists, manufacturing process flow, and quality control records.

Step 4: Submit Online Application

• Create Manakonline account: Register and create a login on the official BIS online portal (Manakonline).
• Fill and upload: Complete the application form, upload all required documents, select the relevant Indian Standard, and pay the initial fees.

Step 5: Address BIS Queries

• Monitor application status: Regularly check your online application for any queries raised by BIS.
• Respond promptly: Provide all requested clarifications or additional documents within the stipulated timeframe.

Step 6: Factory Inspection

• Prepare for auditor visit: Ensure all manufacturing processes, quality control measures, and test demonstrations are ready.
• Facilitate sample drawing: Be prepared for the BIS officer to randomly select and seal toy samples for independent testing.

Step 7: Sample Testing by BIS Lab

• Await test results: The sealed samples will be sent to a BIS-recognized independent laboratory for comprehensive testing.
• Ensure compliance: The toy samples must pass all tests as per the applicable Indian Standards.

Step 8: License Grant & Payment

• Review of reports: BIS evaluates the factory inspection report and the independent lab's test results.
• Receive license: If compliant, BIS issues the license, and you must pay the remaining marking and annual fees.

Step 9: Ongoing Compliance & Surveillance

• Affix ISI mark: Properly display the ISI mark along with your unique license number and the Indian Standard number on certified toys.
• Maintain quality: Continuously adhere to quality control standards and be ready for periodic and surprise surveillance visits by BIS.

The cost and timeline for BIS certification for toys can vary based on several factors, including the complexity of the toy, the number of applicable standards, and the efficiency of document submission.

1. Government Fees (Paid to BIS)

i) Application Fee:

• Rs. 1,000/- (for Large Industrial Enterprises)
• Rs. 500/- (for Medium, Micro, and Small Industrial Enterprises, and Central/State Govt. Organizations)

ii) Audit Fee (Inspection Fee):

• Rs. 7,000/- per man-day for domestic factory audits.
• For foreign factory audits (FMCS): This involves higher costs due to international travel.

iii) Testing Charges:

• These are charged based on the actual tests performed and will vary depending on the type and number of tests required for your specific toy product(s) as per the applicable IS standards (e.g., IS 9873, IS 15644).
• These fees are paid to BIS-approved laboratories. The total cost will depend on the complexity of the toy and the number of applicable tests across different parts of the standard.
• Example Testing Charges: Please note these are indicative costs based on the BIS LIMS portal and are subject to change. The actual cost will depend on your specific product.
  • IS 9873 - Part 3 (Migration of Certain Elements): Approx. Rs. 14,080/-
  • IS 9873 - Part 2 (Flammability): Approx. Rs. 2,144/-
  • IS 9873 - Part 1 (Mechanical & Physical Properties): Approx. Rs. 16,189/- (excluding certain clauses)
  • IS 9873 - Part 4 (Swings, Slides): Approx. Rs. 5,475/- (excluding certain clauses)
  • IS 9873 - Part 9 (N-Nitrosamines): Approx. Rs. 7,500/-

iv) License Fee (Annual):

• Rs. 1,000/- for domestic manufacturers (payable at the time of grant and annually for renewal).
• USD 20 for foreign manufacturers.

v) Marking Fee (Annual / Per Unit):

• This fee allows you to use the ISI Mark on your products. It's often calculated based on projected sales or minimum marking fees. 50% of the Minimum Marking Fee is usually payable in advance with the application.
• For Electric Toys (per 1000 units):
  • Minimum Marking Fee (Large Scale): Rs. 1,46,000/-
  • Minimum Marking Fee (SME): Rs. 1,17,000/-
  • Minimum Marking Fee (Micro Enterprise): Rs. 88,000/-
  • Unit Rate (Large Scale): Rs. 80/- per unit
  • Unit Rate (SME): Rs. 40/- per unit
  • Unit Rate (Micro): Rs. 20/- per unit

• For Non-Electric Toys (per 1000 units):

• • Minimum Marking Fee (Large Scale): Rs. 98,000/-
  • Minimum Marking Fee (SME - Small & Medium Enterprises): Rs. 79,000/-
  • Minimum Marking Fee (Micro Enterprise): Rs. 59,000/-
  • Unit Rate (Large Scale): Rs. 4.50/- per unit
  • Unit Rate (SME): Rs. 2.25/- per unit
  • Unit Rate (Micro): Rs. 1.00/- per unit

Note: Concessions in the minimum marking fee are available for new startups and MSME units.

2. Other Potential Costs (Beyond Government Fees)

i) Consultancy Fees

If you choose to hire a consultant to assist with the entire BIS certification process (documentation, application, liaison with BIS, audit preparation), their fees will be an additional cost. These can vary widely, often starting from Rs. 40,000/- onwards for domestic manufacturers, and significantly higher for foreign manufacturers due to the complexity of FMCS.

ii) In-house Lab Setup/Upgradation

If you need to establish a new in-house testing facility or upgrade an existing one to meet BIS requirements, this can be a substantial one-time investment. The cost will depend on the required testing parameters and the equipment needed.

Note: Micro units (as per MSME definition, with turnover less than 5 crore for 12 months for assembling units and 36 months for manufacturing units) might be exempted from mandatory in-house lab installation for a certain period from the grant of BIS license.

iii) Product Modification Costs

If your initial product testing reveals non-compliance with BIS standards, you might incur costs for redesigning the toy, changing materials, or modifying manufacturing processes to bring the product into compliance.

iv) Travel and Logistics for Foreign Manufacturers/AIR

Beyond the audit fees paid to BIS, foreign manufacturers might also bear the travel expenses (airfare, visa, and stay) of their personnel or consultants who travel along with the BIS auditor.

It is advisable to contact BIS directly or consult with a reputable BIS certification consultant to get the most accurate and up-to-date fee structure for your specific toy products and operational scale, as fees can be revised periodically.

Understanding the nuances of your BIS license for toys and ongoing compliance is crucial.

What is the Validity of a BIS Certificate for Toys?

A BIS (Bureau of Indian Standards) certificate for toys is typically valid for two years when initially granted. This means that manufacturers and importers must apply for its renewal annually to ensure their toys continue to be legally sold in the Indian market.

For renewal, applicants can usually opt for a longer validity period, often up to five years, by paying the corresponding renewal fees. The renewal process involves submitting a renewal application, a self-declaration of compliance, and paying the applicable fees, ensuring adherence to the BIS quality standards.

When can a License Application be Rejected?

A BIS license application can be rejected for several reasons, including:

• Incomplete or incorrect documentation.
• Failure to meet the required quality and safety standards during testing.
• Unsatisfactory factory audit report (e.g., poor quality control, inadequate testing facilities).
• Non-compliance with BIS guidelines or regulations.
• Misrepresentation of facts or submitting false information.

Non-compliance with BIS certification for toys can lead to severe penalties and legal ramifications.

Selling toys in India without the required BIS certification and ISI Mark is a serious offense. Penalties can include:

• Imprisonment: Up to one year.
• Fine: Up to five lakh rupees (Rs. 500,000) or five times the value of the goods, whichever is higher.
• Seizure and destruction of non-compliant toys.
• Damage to brand reputation.

These stringent penalties underscore why obtaining a BIS certificate is required for the import of toys and all domestic sales.

The Legal Consequences of Using a Fake ISI Mark

Using a fake ISI Mark on toys is a criminal offense and can lead to even more severe consequences than simply selling non-certified toys. It implies an intent to deceive consumers and can result in:

• Heavier fines and longer imprisonment.
• Reputational damage that can be impossible to recover from.
• Legal action by consumer protection bodies.