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Regulation of Lead Contents in Household and Decorative Paint Rules,2016

Updated on:1st Nov, 2016
  MINISTRY OF  ENVIRONMENT, FOREST AND  CLIMATE CHANGE NOTIFICATION New Delhi, the 1st November, 2016   G.S.R.  1030(E).—Whereas,   the  Central  Government,  in  exercise  of  powers  conferred  by sub-section  (1)  of section 3 and clause (d) of sub-section (2) of section 6 of the Environment (Protection) Act, 1986 (29 of 1986), read with rule 13 of the Environment (Protection) Rules, 1986,  published the draft rules namely, the Regulation on Lead contents in Household  and Decorative  Paints  Rules,  2016 in the Gazette  of India, Extraordinary,  vide number  G.S.R.  409(E), dated the 8th  April, 2016 for inviting objections and suggestions from all persons and organisations likely to be affected thereby before the expiry of a period  of sixty days from the date on which copies of the Gazette  containing  the said notification were made available to the public;   And whereas, the copies of the Gazette containing the said notification were made available to the public on 24th  April, 2016 and were also circulated to concerned stake holders whose addresses for communication  were available with the Ministry;  And whereas,  the suggestions  or objections  received  in response  to the above mentioned  draft rules have been considered by the Central Government;  Now, therefore, in exercise of the powers conferred by section 3 and section 6 of the Environment  (Protection) Act, 1986 (29 of 1986), read with rule 13 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules, namely:-   1.       Short title and commencement.—(1)  These rules may be called the Regulation of Lead Contents in Household and Decorative Paints Rules, 2016. (2) They shall come into force one year after the date of their publication in the Official Gazette.  2.       Definition.—In  these rule, unless context otherwise  requires,  “Household  and Decorative  Paints”  means paints used  as  surface  coating  materials  in  interior  and  exterior  of  buildings,  walls,  civil  structures,  any  consumer products  meant  for household  purposes  and shall include  enamel,  primer,  interior,  undercoating  and finishing colouring materials as prescribed in the Indian Standards for Household and Decorative  Paints published by the Bureau of Indian Standards.  3.       Prohibition of use of lead or lead compounds in certain cases.—Any manufacture, trade, import and export of Household  and  Decorative   Paints  (hereinafter   referred  to  as  product)  containing  lead  or  lead  compounds (calculated as lead metal) in excess of 90 parts per million (0.009 per cent.) of the weight of the total non-volatile content of the weight of the dried paints film is hereby prohibited.  4.       Self certification.—Household and Decorative  Paints manufactured  or imported on or from the date these rules come into force shall be labeled stating that the lead contents does not exceed 90 parts per million, such labelling shall be durable and legible and –           (i) The label shall contain the name and address of the manufacturer or importer, as the case may be;           (ii)The label shall contain the date of manufacture or import into the country, as the case may be. 5.       Nodal agency.—(1) The Central Pollution  Control  Board shall be the nodal agency for implementation  of the provisions of these rules.  (2) In case of any dispute or difficulty in implementation  of these rules, the matter shall be referred to the nodal agency.  (3) The nodal agency may constitute a Committee to advise it on all matters including the disputed matters, related to the implementation of these rules.  6.       Authorised agencies for testing of products.—The Central Power Research Institute, Bengaluru and its regional centers at Bhopal, Guwahati, Hyderabad,  Kolkata, Nagpur, Nashik and Noida and any other agency notified by the Ministry of Environment,  Forest and Climate Change from time to time shall be authorised to carry out such tests as they deem necessary for determining whether a product contains lead not exceeding 90 parts per million as specified in rule 3.  7.       Compliance and testing procedures.—The compliance and testing procedure shall be prepared and published by the Central Pollution Control Board, with the help of certification  agencies within six months from the date of commencement of these rules.   8.       Transitory   provision.—Household  and  Decorative   Paints   manufactured   or  imported   before   the  date   of commencement   of  these  rules  shall  be  permitted  for  sale  for  the  next  two  years  from  the  date  of  such commencement.  9.       General Conditions.—The  following conditions shall be applicable, namely;-  (i)      the stipulations  relating  to contents  of lead in the Household  and Decorative  Paints  as specified  in rule 3 shall apply to products manufactured or imported on and from the date of coming into force of these rules;  (ii)     every manufacturer  or importer shall subject its product every year for testing of lead content as specified in rule 3 before bringing out its product in the market, from any one of the authorised  agency mentioned  in rule 6;   (iii)    the testing agencies shall submit the test reports to the nodal agency for verification  and action as may be required;   (iv)    the nodal agency shall furnish a copy of the test reports to the concerned manufacturer  or importer and the Ministry of Environment, Forest and Climate Change. [F. No. 7-21/2010-HSMD] BISHWANATH SINHA,  Jt. Secy.
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