On September 20, 2024, the Ministry of Commerce and Industry of India announced an important amendment to the Flame-Producing Lighters (Quality Control) Order, 2023. The newly introduced regulation is officially called the Flame-Producing Lighters (Quality Control) Amendment Order, 2024.
The original Flame-Producing Lighters (Quality Control) Order, 2023, was designed to regulate the quality of lighters sold in India, thus reducing the risk of accidents and ensuring consumer safety.
Key Highlights of the Amendment Order
1. Changes in Existing Provisions
The amendment introduces several notable changes to the previous order:
As per the previous order https://www.bis.gov.in/wp-content/uploads/2023/07/Flame-producing-Lighters-QCO-2023-1.pdf
Paragraph 2 highlighted Compulsory Use of Standard Mark for Flame- Producing Lighters and the following was stated in Sub-Paragraph 2 and 3
Sub-Paragraph (2) Provided that nothing in this Order shall apply to goods or articles manufactured domestically for export
Sub-Paragraph (3) Provided further that nothing in this order shall apply to goods or articles manufactured domestically by an enterprise, registered under “Udyam portal” of the Ministry of Micro, Small, and Medium Enterprises, wherein the investment in plant and machinery or equipment at original cost does not exceed twenty five lakhs rupees and the turnover does not exceed two crores rupees for the previous financial year as certified by a Chartered Accountant shall be exempted from implementation of this order.
As per the Amendment:
In Paragraph 2, the phrases “Provided that nothing” and “Provided further that nothing” have been replaced with the word “Nothing.”
Grace Period for Existing Stocks:
One of the most significant changes is found in the newly inserted sub-paragraph (4). It states that nothing in this Order shall apply to lighters manufactured or imported before the amendment’s commencement. Manufacturers certified by the Bureau, those who have applied for certification, or importers can continue to sell or display their existing stock for up to six months after the amendment takes effect.
This grace period allows businesses to manage their inventories without incurring immediate losses, provided they submit a declaration certified by a Chartered Accountant to the Bureau.
Implications for Manufacturers and Importers
Compliance and Certification
Manufacturers and importers need to be vigilant about compliance with the new regulations. Those who have existing stock must ensure they follow the procedure outlined in the amendment to avoid any legal complications.
Impact on Market Dynamics
The grace period for existing stock is a crucial lifeline for many businesses, particularly smaller manufacturers who may have significant investments in unsold inventory. It allows them time to adapt to the new regulations without facing immediate financial strain.
Effective Date: September 20, 2024
