An Overview of BIS Certification for Toys

The Department for Promotion of Industry and Internal Trade, also known as DPIIT, has issued a "Toys (Quality Control) Order" notification under The Ministry of Commerce and Industry. This notification has instructing guidelines for maintenance of specific Standards as issued by the Bureau of Indian Standards, which is also known as BIS, which came into effect on 1st September 2020. For the issuance of a License for the production of toys, the BIS grants a Standard ISI Mark in accordance with Scheme I and Scheme II of the BIS (Conformity Assessment) Regulation, 2018.

Manufacturers from India, who are willing to obtain a BIS Certification for Toys, must apply for the Conformity Assessment and receive Product Certification. Foreign manufacturers are required to apply for BIS Certification for Toys under the authorisation of the Foreign Manufacturers Certification Scheme, which is also known as FMCS.

In accordance with the Toys (Quality Control) Order 2020, the BIS has declared that it is mandatory for all toys being produced, toys explicitly being produced for children under the age of fourteen, to issue a BIS Certification for Toys. The Bureau of Indian Standards had mandated that all Electric and Non-Electric Toys must obtain BIS Certification with ISI Mark. If the product does not have ISI Mark, then such a product is prohibited from being sold anywhere in the country.

The Indian Standards Institute, also known as ISI, is a type of Certification Scheme that falls under the authorisation of BIS to ensure that the products being sold in the Indian Market are in accordance with the Indian Standards.

For Foreign Manufacturer Certification Scheme (FMCS) is the type of Certification Scheme introduced for foreign manufacturers to ensure that foreign manufactured products are in accordance with compliance measures of Indian Standards. Foreign manufacturers of the toys are prohibited from being imported to India without the issuance of the FMCS Certification.

Categories of toys under BIS Certification for Toys

The following categories mentioned below are the classification for being eligible for BIS Certification for Toys -

Non–Electric Toys -

• Non­–Electric Toys are generally classified as ordinary toys that do not require electricity to operate.
• A few examples of Non–Electric Toys are rattles, dolls, puzzles, etc.
• The applicable Primary Standards provided by BIS for Non–Electric Toys is IS 9873 (Part 1): 2019.

Electric Toys -

• Electric Toys are generally classified as toys that require electricity for a minimum of at least one function to operate.
• A few examples of Electric Toys are electric car models, electric doll models, drones, etc.
• The applicable Primary Standards provided by BIS for Electric Toys is IS 15644:2006.

The manufacturers are directed to apply for BIS Certification for Toys in any of the above applicable Primary Standards based on the product type. If licensing is required for more than one toy product, then the manufacturer must apply separate applications for each type of product. The BIS is to conduct testing in accordance with the Primary and Secondary Standards available, which are IS 9873 Part 2,3,4,7 and 9.

The specification concerning BIS Certification for toys are provided below:

Benefits of BIS Certification for Toys

Following are the primary benefits of obtaining a BIS Certification:

• It acts as a shield against all the legal actions or penalties/fines that can be imposed for not certifying the product
• Serves as evidence that the product is tested properly and certified as per the required guidelines
• It provides the consumers with a sense of security and safety and ensures easy acceptance
• Provides a competitive advantage over worldwide competitors
• Easily accepted in the market
• Confirmation of an unmatched quality standard
• Provides easy access to the global market of toys

Basic Requirements of BIS Certification for Toys

Following are the primary requirements that are mandatory for an applicant to comply with before moving forward with the procedure of the BIS Certification for Toys:

• Samples that are going for testing to the BIS for conformity to primary standards and secondary standards that are applicable, i.e., IS 9873 parts 1,2,3, 4, 7 and 9, etc., then toys must conform to the requirements of corresponding standards. 
• If BIS Certification for toys is required for more than one type of toys, i.e., electrical and non-electrical, then separate applications must be made for each type. 
• In case a manufacturer of toys has manufacturing units operating from different places or locations, then according to the provisions of Scheme I of Schedule II of BIS (Conformity Assessment) Regulation, 2018, license to use or apply an ISI Mark over their product is only granted by the BIS for any specific manufacturing premises. So, for each manufacturing unit, the manufacturer has to apply separately despite being an importer or domestic manufacturer. 
• If an applicant is involved in marketing and distribution only and not in manufacturing such toys, then the order does not apply. According to the provisions of Scheme I of Schedule II of BIS (Conformity Assessment) Regulations, 2018.

Requirements as per the Indian Standards for the testing facilities to be fulfilled before applying for the BIS Certification for Toys are as follows:

• If the applicant is applying for non-electrical toys, testing facilities comply with IS 9873 (part I):2019.
• If the application is to be filed for electrical toys, then the testing facilities must fulfil the requirements of IS 15644:2006.
• BIS Certification for toys also includes a mandatory scheme of inspection and testing, which defines the frequency of conducting the various tests.
• In-house facilities tests are not necessary, and such tests are subcontracted to the BIS Recognised or certified labs.
• Nothing will be applicable to the products sold by Artisans registered with the office of the Development Commissioner, Handicrafts.

Documents Required for BIS Certification for Toys

The following documents are needed for the application process of obtaining BIS Certification for Toys -

• Identity proof of the applicant
• Flow chart of the manufacturing process
• A detailed list of raw materials used during production
• Detailed layout of the factory premises along with the nearby landmarks
• Details of machinery being utilised
• A detailed description of the layout of the Plant
• Adequate testing facilities
• Quality Control Parameters and their records
• Test Reports of the product by a BIS Recognised Laboratory
• Detailed photograph of the product
• Undertaking
• Factory Registration Documents and information 
• The application form which is duly filled and signed by the authorised personnel

BIS Certification for Toys Application Procedure

The following steps mentioned below are the application filing procedure for both Electric Toys and Non–Electric Toys for the issuance of the BIS Certification for Toys:

• The applicant must submit the application and the documents mentioned above to be self-attested.
• The documents are to be evaluated by BIS, and if the documents are deemed satisfactory, a physical inspection is conducted of the factory premises by the authorised personnel of BIS.
• The authorised personnel withdraw product samples for conducting testing from a third–party laboratory during the inspection.
• The product's testing is to be done by a BIS Recognised Laboratory.
• The testing sample and the inspection report drafted by the BIS Personnel are then reviewed.
• If all the standards are met, then the applicant is granted BIS Certification for Toys, which permits the applicants to use ISI Mark on the applicable product.

BIS FMCS Certification Application Procedure for Toys

The following steps mentioned below are the application filing procedure for both Electric Toys and Non–Electric Toys for the issuance of the BIS Certification for Toys through the FMCS:

• The applicant must submit the duly filled application form and the required documents.
• The applicant is required to pay the prescribed fee. Upon successful payment of the requisite fees, the BIS is required to conduct a physical inspection of the factory premises.
• The BIS Authorised Personnel then collects the sample of the toy product being produced to conduct independent testing in a BIS Recognised Laboratory.
• After it is determined that the factory, the manufacturing procedure and the packaging of the toy products are in accordance with BIS Standards, the FMCS Certification procedure is to be initiated.
• The applicant is then required to pay the Minimum Marking Fee in advance for the issuance of the FMCS Certification.
• After payment of the Minimum Marking Fee, an Agreement and an Indemnity Bond are to be signed along with successful payment of the Performance Bank Guarantee, which is to be paid in Dollars immediately after receiving the approval for the FMCS License being granted for issuance.
• If the product is in accordance with all the set Standards, the FMCS Certification will be issued against the applicant as a BIS Certification for Toys that permits the foreign manufacturers to apply ISI Mark on their products.