What Is a Quality Control Order (QCO)?
A Quality Control Order (QCO) is a notification issued by the Central Government under section 16 of the Bureau of Indian Standards Act, 2016 that makes conformity to a specified Indian Standard, and use of the BIS Standard Mark under a licence or Certificate of Conformity, compulsory for a named good, article, process, system or service. Once a QCO is notified and its transition period expires, the covered product cannot lawfully be manufactured, imported, distributed, sold, stored or exhibited for sale in India without that certification. A QCO is what converts an otherwise voluntary BIS standard into an enforceable, criminal-law-backed precondition for market access.
For a foreign company, a QCO is not a paperwork formality — it is a market-access gate that applies product by product. If the ministry responsible for your product's sector has notified a QCO covering it, importing or selling that product in India without BIS certification is a criminal offence, not merely a compliance lapse.
Legal Basis
Section 16 — Power to Direct Compulsory Use of the Standard Mark
Section 16(1) of the BIS Act, 2016 empowers the Central Government, "after consulting the Bureau," to notify — by an order published in the Official Gazette — that specified goods, articles, processes, systems or services must conform to a standard and that use of the Standard Mark under a licence or Certificate of Conformity is compulsory, where it considers this "necessary or expedient... in the public interest or for the protection of human, animal or plant health, safety of the environment, or prevention of unfair trade practices, or national security." This is the operative provision behind every QCO. The Act itself never uses the phrase "Quality Control Order" — that is the administrative name BIS and the sector ministries use for orders made under section 16(1). Section 16(2) separately lets the government authorise BIS, or another accredited agency, to certify and enforce conformity with the order.
Section 17 — What a QCO Prohibits
Once a QCO applies to a product, section 17(1) prohibits manufacturing, importing, distributing, selling, hiring, leasing, storing, or exhibiting it for sale without a valid licence carrying the Standard Mark. Section 17(2) separately prohibits publicly claiming — through advertisements, sales promotion material or price lists — that the product conforms to the standard without holding a valid licence or certificate. Section 17(3) prohibits using the Standard Mark itself, including within a trademark, patent title or design, without a valid BIS licence.
Section 29 — Penalties
Contravening section 17 is punishable under section 29(3) of the BIS Act, 2016 with imprisonment for a term which may extend to two years, or a fine which shall not be less than ₹2 lakh for a first contravention and not less than ₹5 lakh for a second or subsequent contravention — extendable up to ten times the value of the goods involved — or with both. Where the value of the goods cannot be determined, the Act deems one year's production to be in contravention and takes the previous financial year's turnover as the value. Under section 29(4), the section 17 offence is cognizable, meaning the police can investigate and arrest without first obtaining a magistrate's order. Section 30 separately makes every director, manager, secretary or other officer of a company "in charge of and responsible... for the conduct of the business" personally liable when the offence is committed by a company.
These figures have not changed recently: the Bureau of Indian Standards Act, 2016 does not appear anywhere in the Jan Vishwas (Amendment of Provisions) Act, 2026 (No. 8 of 2026, assented 7 April 2026), whose Schedule decriminalises or revises penalty provisions across 80 central statutes running from the Court-fees Act, 1870 to the Indian Ports Act, 2025. Sections 29 and 30 of the BIS Act accordingly still read as BIS itself publishes them.
How a QCO Is Notified and Enforced
A QCO originates with the ministry or department that administers the product's sector — chemicals, electronics, steel, textiles and similar — not with BIS itself. That ministry frames the order and consults BIS before it is published in the Official Gazette under section 16(1). BIS separately tracks the implementation pipeline for orders already notified: as of 4 August 2026, BIS's own list of QCOs notified and due for implementation carried 28 orders awaiting their scheduled implementation dates, spanning categories such as linear alkyl benzene, hand tools (pipe wrenches, spanners, pliers), aluminium vessels and cookware, aluminium beverage cans, woven textile bags and valve sacks for cement, aluminium bars, rods, plates, sheets and wire, digital television receivers for satellite broadcast, and polypropylene rope.
Once a QCO applies, manufacturers and importers use BIS's ordinary conformity-assessment routes to comply — typically the Product Certification (ISI Mark) scheme, or for electronics and IT goods, the Compulsory Registration Scheme under sections 12 and 13. See BIS Certification for how that licensing and registration process itself works: a QCO is the legal instrument that makes certification mandatory for a given product, while BIS certification is the process that satisfies it.
QCOs and Imports
Because the section 17 obligations attach to importers as much as to domestic manufacturers, QCO-covered goods are also controlled at the border. Import policy conditions issued under the Foreign Trade (Development and Regulation) Act, 1992, administered by the Directorate General of Foreign Trade (DGFT), are aligned to QCOs: tariff lines covered by a QCO are typically classified "Restricted" for import, and customs clearance requires evidence of a valid BIS licence or registration number against the consignment. An importer that lacks it can have the shipment held or sent back by Customs, in addition to facing prosecution under section 17. Holding an Import Export Code (IEC) does not substitute for this: the IEC and BIS certification are separate preconditions, and a QCO-covered product needs both before it can be lawfully imported. The Foreign Trade Policy sets the general licensing framework within which these product-specific restrictions sit.
Why This Matters for Foreign Companies and Investors
A foreign company that manufactures abroad and exports into India, or that sets up Indian manufacturing to sell domestically, has to check whether its product category carries a QCO before it ships a single unit — and the check must be repeated per product line, not per company. Multi-product businesses regularly find that some SKUs in the same shipment are covered while others are exempt. Because a QCO attaches to the product rather than the seller, incorporating an Indian subsidiary or holding an IEC does not itself clear a QCO-covered product for sale; BIS certification — either through an Indian licence or through the Foreign Manufacturers Certification Scheme, which lets an overseas factory hold the licence directly without incorporating in India — is a separate, additional step. Missing it exposes the business to a held or rejected consignment at customs, prosecution of the company's officers under sections 17, 29 and 30, and a market withdrawal of stock already supplied.
Checklist: Is Your Product Covered by a QCO?
- Identify the exact product description and tariff classification used on your sale or import documentation.
- Check whether the ministry that administers that product's sector — not BIS alone — has notified a QCO covering it, and whether the transition period has expired.
- If covered, choose the certification route: an Indian BIS licence obtained locally, or the Foreign Manufacturers Certification Scheme if the goods are made overseas.
- Confirm the DGFT import policy condition attached to the relevant tariff line before shipping to India.
- Budget for the BIS application and licence fees, testing at a BIS-recognised laboratory, and the marking and labelling requirements specified for that licence.
Practical Example
A German manufacturer of pressure cookers exports its aluminium cookware to Indian retailers without holding any BIS registration. Its product category is covered by a QCO for aluminium vessels and cookware. On arrival, Customs holds the consignment because the import policy condition for that tariff line requires a valid BIS licence number on the bill of entry, and none is available. The manufacturer also cannot sell its existing Indian stock through retailers, because section 17(1) prohibits distributing or selling a QCO-covered product without a valid licence carrying the Standard Mark. To resume supply, the company applies for a BIS licence under the Foreign Manufacturers Certification Scheme, has its factory audited and its product tested at a BIS-recognised laboratory, and only then can it clear future shipments and resume retail sales — a materially longer process than the routine customs clearance the company had budgeted for.
Common Mistakes
- Treating a QCO as the same thing as voluntary ISI certification. A QCO removes the choice: once the transition period lapses, certification stops being a marketing advantage and becomes a legal precondition to sell or import the product at all.
- Assuming Indian incorporation covers the requirement. A QCO attaches to the product, not the entity — an Indian subsidiary selling a QCO-covered product still needs that product certified.
- Checking only BIS's site for upcoming orders. The administering ministry notifies the QCO under section 16(1); BIS is consulted and then runs the certification scheme, but the ministry's own gazette notification is the trigger — relying only on BIS's published pipeline can miss an order issued directly by the ministry.
- Overlooking that the section 17 offence is cognizable. Under section 29(4), authorities do not need a magistrate's order before investigating or arresting for a section 17 contravention, unlike many other regulatory offences.
Frequently Asked Questions
What is the difference between a QCO and BIS certification?
A QCO is the government order — issued under section 16 of the BIS Act, 2016 — that makes conformity to a standard and the BIS Standard Mark compulsory for a named product. BIS certification, a licence or Certificate of Conformity, is what a manufacturer or importer obtains to satisfy that order. A product can have an applicable Indian Standard without a QCO, in which case certification stays voluntary.
Can a foreign manufacturer get BIS certification without setting up an Indian subsidiary?
Yes. BIS operates a Foreign Manufacturers Certification Scheme that lets an overseas factory apply for and hold an Indian BIS licence directly, without incorporating in India. See BIS Certification for how the domestic and foreign manufacturer routes differ in process and documentation.
What happens if a QCO-covered product is imported without BIS certification?
Section 17(1) of the BIS Act, 2016 prohibits importing, distributing, selling, storing or exhibiting the product for sale without a valid licence. The offence is punishable under section 29(3) with imprisonment up to two years or a fine of not less than ₹2 lakh for a first contravention (not less than ₹5 lakh for later contraventions), and is cognizable under section 29(4). At the border, Customs can also hold or reject a consignment that lacks the import policy clearance DGFT requires for that tariff line.
Who actually issues a Quality Control Order — BIS or the government?
The Central Government issues a QCO, "after consulting the Bureau," under section 16(1) of the BIS Act, 2016. The order is proposed and administered by the ministry responsible for the product's sector, not by BIS itself; BIS then operates the licensing or registration scheme that the order makes compulsory.
Does holding an Import Export Code (IEC) satisfy a QCO?
No. An Import Export Code is a separate registration required to import or export any goods from India, and it does not certify that a specific product conforms to a QCO's standard. A QCO-covered product needs both a valid IEC and a valid BIS licence or Certificate of Conformity before it can be lawfully imported.
See also: BIS Certification, Custom Duty, and DGFT.
Need help checking whether your product is covered by a Quality Control Order and getting BIS certification in place before you ship? Beacon Filing helps foreign companies map product-level compliance and manage regulatory licensing for the Indian market.