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“Rules apply to all Substances, Substances in Mixtures and Intermediates that are Manufactured, Imported, Placed or intended to be Placed in Indian Territory.”
These rules do not apply to Substances in Articles, exempt when:
- the Substance is present in the Articles in quantities prescribed by the Division, where applicable
- the Substance may be released from the articles under normal or reasonably foreseeable conditions of use.
The rules specify list of priority substances that are subject to importation notifications, and hazard communication obligations (i.e., safety data sheets, labeling, and packaging).
Schedule II contains 750 substances the draft may require for registration in the future. Schedule X ‘Hazardous chemicals’ lists 669 chemicals that will be subject to strict import, transport and safety data rules because of risk potential. The current draft outlines that companies will have to register 37 chemicals listed in Schedule VI which are considered carcinogenic, toxic for reproduction, persistent, bioaccumulative, or endocrine disrupting.
The rules also propose the establishment of Committees and Chemical Regulatory Division to serve as the competent authority for chemical management in India. The Division will be tasked to evaluate all substances and list the priority substances in Schedule II.
The initial notification would commence one year from the Rules coming into force and would terminate 180 days from the commencement. Notification is required for all existing substances imported or manufactured at or above one metric ton per year. All new substances must be notified at least 90 days prior to the date they are placed in Indian Territory.
Note: The Fifth and Final Draft is still being developed. This Final Draft will be notified to WTO for wider consultation.
“India REACH” is expected to be published and enforced in early 2021. There have been delays to the proposed rules as a result of the ongoing Covid-19 pandemic.
June 2, 2020