Import of Hazardous Chemicals, and Improvement Notices

In one line

An importer of a hazardous chemical must tell the State authority thirty days in advance, and that authority may stop the import.

In the wording a student can write in an examination: rule 18 of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989 applies to a chemical satisfying the criteria in Part I of Schedule 1 or listed in Column 2 of Part II of that Schedule, and requires a person responsible for importing hazardous chemicals into India to provide to the concerned authorities in Column 2 of Schedule 5, thirty days before the date of import or as reasonably possible but not later than that date, the name and address of the person receiving the consignment in India, the port of entry, the mode of transport from the exporting country, the quantity being imported and complete product safety information; empowers the concerned authority of the State, if satisfied that the chemical is likely to cause major accidents, to direct the importer to take such safety measures as it deems appropriate, and if of opinion that the chemical should not be imported on safety or environmental considerations, to direct the stoppage of the import; requires that authority to inform the port authority to take steps for safe handling and storage while off-loading; requires the importer to maintain records in Schedule 10 open for inspection; and requires transport from the port of entry to the ultimate destination to be in accordance with the Central Motor Vehicles Rules 1989.

And rule 19 empowers the concerned authority, if of opinion that a person has contravened the rules, to serve an improvement notice requiring the contravention or the matters occasioning it to be remedied within forty-five days, clearly specifying the measures to be taken.

Rule 18, the import regime

What it applies to. A chemical satisfying any of the criteria in Part I of Schedule 1 or listed in Column 2 of Part II of that Schedule. So the import rule uses the criteria and the list, not the threshold quantities.

The advance information. Thirty days before the date of import, or as reasonably possible but not later than the date of import, five items must be given to the concerned authority: the name and address of the consignee in India; the port of entry; the mode of transport from the exporting country; the quantity; and complete product safety information.

The safety direction. If the concerned authority of the State is satisfied that the chemical being imported is likely to cause major accidents, it may direct the importer to take such safety measures as it deems appropriate.

The stoppage power. If the concerned authority of the State is of opinion that the chemical should not be imported on safety or environmental considerations, it may direct the stoppage of the import. That sub-rule was inserted by the amendment rules of 1994 and it is the strongest provision in the rule.