Ortho Phosphoric Acid (Quality Control) Amendment Order - Detailed Information

In June 2021, the Ministry of Chemicals and Fertilizers, via its Department of Chemicals and Petrochemicals, released an important Notification which amends the Quality Control Order for Ortho Phosphoric Acid on July 26, 2024. This Amendment provides many regulatory benefits for the Fertilizer industry in India.

The Amendment has been issued under Section 16 of the Bureau of Indian Standards (BIS) Act, 2016, in compliance with consultations with the Bureau of Indian Standards (BIS). The Government informed that the Amendment was issued in the public interest to allow for a continuous supply of Fertilizers and to ease some of the unnecessary regulatory compliance burden for manufacturers' operations.

What Is the Ortho Phosphoric Acid Quality Control Order?

In 2021, the Government of India published the Ortho Phosphoric Acid (Quality Control) Order that ensured that the Ortho Phosphoric Acid being sold or used in India complied with established quality and safety requirements. The manufacturers and importers of Ortho Phosphoric Acid were required to meet the Bureau of Indian Standards (BIS) standards and be certified before supplying the product to the different categories of users (i.e., Industries that make use of Ortho Phosphoric Acid).

Due to the role of Ortho Phosphoric Acid in the production of fertilizers, industry stakeholders expressed their concern regarding how the requirement to meet the BIS standards would affect production lead time and supply chains.

Details of the Latest Amendment

The Ortho Phosphoric Acid (Quality Control) Second Amendment Order, 2024, was published by the Government of India to address those concerns. The Second Amendment states that:

Ortho Phosphoric Acid used as a raw material in the manufacturing of fertilizer(s) will not fall under the Quality Control Order.
Therefore, no BIS certification will be required for Ortho Phosphoric Acid when it is intended for use in the production of fertilizer(s).
Furthermore, it is essential to mention that this exemption is only for fertilizer-related usage; all other uses are still governed by the Quality Control Order.

When Does the Amendment Take Effect?

The new amendment has immediately gone into effect since it was published in the Official Gazette and will not have any kind of transition period or delayed implementation; therefore, companies will be able to benefit from this exemption immediately after its publication.
The action taken by the government clearly demonstrates its intention to strike a balance between providing sufficient quality assurance for the production of industrial products and protecting the viability of the industrial base.

Key Points to Understand about This Exemption

This amendment is of great significance for many different types of industries:

• Fertilizer Manufacturers
• Chemical Manufacturers who supply raw materials to fertilizer plants
• Importers of Ortho Phosphoric Acid for Agriculture

By eliminating the mandatory Bureau of Indian Standards Requirement for Fertilizers, the Indian Government has established a framework that will: 

• Provide a continuous supply of fertilizers.
• Minimize the amount of time a company must wait before it can continue producing its products
• Reduce the cost of compliance with regulations
• Assist the agricultural community in achieving food security

Applicability of BIS Quality Control Requirements

It is important for businesses to clearly understand where BIS compliance is still required.

• Fertilizer manufacturing use: BIS certification not required
• Other industrial or commercial uses: BIS certification is still mandatory

Proper documentation and declaration of end-use will be crucial to avoid regulatory issues during inspections or audits.

What Was The Background Of The Order?

The original order (QCO) of Ortho Phosphoric Acid 'Quality Control' was published on June 15, 2021. The QCO has been amended multiple times since then: November 2021, May 2022, & April 2024. The most recent amendment (July 2024) is the next step in refining the existing regulations related to Ortho Phosphoric Acid.

What Can Industry Stakeholders Do?

Manufacturers, importers, and suppliers should do the following:

• Distinguish and clearly document the end-use of Ortho Phosphoric Acid.
• Make sure to be BIS-compliant for any non-fertilizer applications.
• Be aware and informed about any subsequent amendments to the Ortho Phosphoric Acid (QCO).

It may be wise for many businesses that utilize Ortho Phosphoric Acid to work closely with a qualified BIS and QCO consultant(s) to assist in remaining compliant with this regulation and to maximise applicable exemptions.

Conclusion

The Ortho Phosphoric Acid (Quality Control) Second Amendment Order, 2024, is a positive and industry-friendly move by the government. By exempting Ortho Phosphoric Acid used in fertilizer production from BIS quality control requirements, the amendment supports the fertilizer industry, strengthens agricultural supply chains, and reduces unnecessary compliance hurdles.