The Regulation of Lead Contents in Household and Decorative Paints Rules, 2016

Published vide Notification No. G.S.R. 1030(E), dated 1st November, 2016

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Ministry of Environment, Forest and Climate Change

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 8^th April, 2016 for inviting objections and suggestions from all persons and organizations 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 the 24^th 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:-

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.

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.
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.
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 labeling 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.

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.

Authorized 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 authorized 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.
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.
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.
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 authorized 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.