Draft Chemicals (Management and Safety) Rules

India has released the fifth draft of the Chemical (Management and Safety) Rules (CMSR). This regulation replaces two existing rules – Manufacture, Storage, and Import of Hazardous Chemical Rules, 1989, and the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996. This is akin to the EU REACH regulation and known as ‘India REACH’.

Scope:

The scope of CMSR includes Notification, Registration and Restriction or Prohibition of the use of substances, substances in mixtures, articles and intermediates placed into Indian territory in quantities above 1 ton per year.

Objectives:

1. To provide a high level of protection for human health and the environment.
2. Provide procedures for the Manufacturer, who handling, and imports of Hazardous Chemicals and preparedness and management of Chemical Accidents related to Hazardous Chemicals.

Regulatory body:

Indian National Chemical Authority (INCA) – It is a leading authority in implementing CMSR and it also governs all activities relating to Notification and Registration.

Exemption:

1. Radioactive Substances.
2. Substances under customs supervision, not being placed in Indian Territory.
3. Substances stored in customs free zones with aim of re-exporting.
4. Wastes, as defined in Hazardous Waste Management Rules 2016.
5. Substances used for the purposes of defense.
6. Substances used as food or feeding stuff for human beings or animals, including human or animal nutrition.
7. Substances set out in Schedule IV that is Phosgene.

Who will affected by CMSR:

The upcoming CMSR will affect both Upstream and Downstream actors within the chemical industry.

Who can Notify / Register:

1. Indian Manufacturer
2. Indian Importer
3. Authorized representative (on behalf of non-Indian enterprises)

Process:

1. Notification of all Chemical Substances ≥ 1 ton/year
2. Registration of Schedule II Chemical Substance ≥ 1 ton/year
3. Evaluation of files and Substances
4. Restriction & Prohibition of unacceptable Substances
5. Authorization of Substances of concern by Committee
6. Annual Reporting – No later than 60 days after the end of each calendar year

Conclusion:

The Draft Chemicals (Management and Safety) Regulations of India has been amended several times and the latest amendments were published in August 2020. These regulations provide Notification, Registrations, Evaluation, Restrictions or Prohibitions and Authorisation relating to the use of substances, substances in mixtures, articles, and intermediates, and placed or intended to be placed in the territory of India.

Reference:

About India REACH | CMSR (indianchemicalregulation.com)