Lok Sabha Question No. 2604 (UNSTARRED), answered on 2021-03-10
Subject: Toxic Leaded Paints
Ministry: COMMERCE AND INDUSTRY
Asked by: A. Chellakumar, M. Selvaraj

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY

## DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

UNSTARRED QUESTION NO. 2604. TO BE ANSWERED ON WEDNESDAY, THE 10 TH  MARCH, 2021.

## TOXIC LEADED PAINTS

## 2604.  DR. A. CHALLAKUMAR: SHRI M. SELVARAJ:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

वाणिज्य

## एवं उद्योग मंत्री

- (a) whether the Government has banned production and use of toxic lead paints in the country;
- (b) if  so,  the  details  thereof  along  with  the  export  of  toxic  lead  paints  to neighbouring countries by various paint companies during the last year and the current year; and
- (c) the action taken by the Government to restrict the export of banned products from the country?

## ANSWER

## वाणिज्य  एवं उद्योग मंत्रालय में राज्य मंत्री (श्री सोम प्रकाश) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI SOM PARKASH)

- (a) to (c): Any manufacture, trade, import and export of Household and Decorative Paints 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 paint film is prohibited vide Notification No. G.S.R. 1030(E) dated 1 st November, 2016 issued by the Ministry  of  Environment,  Forest  and  Climate  Change  (Annexure-1). Some  items  under  HS  Code  2824  (lead  oxides,  red  lead  and  orange lead) have lead or lead compounds less than 90 parts per million (0.009 per  cent).  Details  of  export  of  items  falling  under  HS  code  2824    to neighbouring countries are attached as Annexure-2.

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## ANNEXURE-1

## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (c)  OF  THE  LOK SABHA UNSTARRED QUESTION NO. 2604 FOR ANSWER ON 10.03.2021.

## 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 subsection (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 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  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:-

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 -

4

3(i)]

THE   GAZETTE   OF  INDIA : EXTRAORDINARY

[PART  II-SEC.

- (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. 7-21/2010HSMD] BISHWANATH SINHA, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

HARINDRA KUMAR

Digitally signed by HARINDRA KUMAR Date: 2016.11.03 11:49:41

ANNEXURE-2 ANNEXURE  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (c)  OF  THE  LOK

SABHA UNSTARRED QUESTION NO. 2604 FOR ANSWER ON 10.03.2021.

Export under HS code 2824 (Lead oxides, Red Lead and Orange Lead) to neighbouring countries Value in US$ Million

| Country    |   2018-19 |   2019-20 | 2020-2021 (up to dec)   |
|------------|-----------|-----------|-------------------------|
| Bangladesh |      0.42 |      0.54 | 1.5                     |
| Bhutan     |      0.03 |      0.03 | 0.02                    |
| Myanmar    |      0    |      0.03 | -                       |
| Nepal      |      0.82 |      0.89 | 0.5                     |
| Pakistan   |      0.2  |      0.22 | -                       |
| Total      |      1.47 |      1.71 | 2.02                    |

Data Source: Department of Commerce

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