Distributing imported goods in India: who is the importer and the producer, and what a distributor is liable for

It depends on what you do with the goods. The rules do not use one label for a distributor. They ask who imported, who packed, whose brand is on the goods and who sold them.

The table gives our reading of four common set-ups. "Importer" here means the business named as importer on the bill of entry.

Almost every product law names distributors directly or catches them through a wider word such as "person", "product seller" or "producer". The definitions decide whether you merely must not sell bad goods, or must hold a registration yourself.

The Consumer Protection Act defines a "product seller" as anyone who, in the course of business, imports, sells, distributes, packages, labels or markets a product^[11]. The BIS Act does the same through "person"^[1]. EPR rules are narrower, and turn on whose brand is on the goods. Our responsibility table for every business type shows how this fits with importers, brands and marketplace sellers.

A distributor that neither imports nor rebrands holds almost nothing itself; its job is to check that the factory and importer hold each approval and that the goods carry the marks. The table shows, approval by approval, who holds it and what you should see before buying.

Yes. The BIS Act defines "person" to include distributors, retailers and sellers as well as manufacturers and importers^[1]. Section 17 bars any person from distributing, selling, storing or exhibiting for sale notified goods that do not carry a Standard Mark under a valid licence^[1]. The product orders say the same thing^[14].

So buying from a reputable importer is not a defence. If the goods need BIS and do not carry the mark, you commit the offence when you stock or sell them.

Penalties under section 29(3) (as enacted; we have not confirmed any later amendment): up to two years in prison, or a fine of at least Rs 2 lakh for a first offence and at least Rs 5 lakh after that, extendable to ten times the value of the goods, or both^[1]. Where a company offends, every director, manager or officer responsible is also treated as guilty^[1]. A first offence that is not punishable with imprisonment only can be compounded by an officer authorised by BIS for a sum up to the maximum fine^[1].

BIS can also direct a licence holder or its representative to stop supply and recall non-conforming marked goods^[1]. A recall reaches stock you already hold.

What to check on every product line:

• the Standard Mark with the R-number and IS number^[15];
• that the licence covers the model and the brand on the box^[10];
• that it was valid when the goods were marked; an expired licence does not allow the factory to mark or dispatch goods^[23].

Our guide on how to verify a BIS licence shows how to check an R-number.

Check each licence on the regulator's own public list, not from a PDF the supplier sends. Every register you need is free.

• CRS (R-number). The "List of Registered Manufacturers" on crsbis.in searches by R-number, product, model or brand and shows status, validity, scope and brand^[24]. The free BIS Care app checks R-numbers too^[25].
• ISI licences of foreign factories. BIS's FMCS list shows the CML number, validity, IS number, status (operative, deferred or under stop marking) and brands^[17]. Status matters: of 32 FMCS records for Chinese factories under IS 1293, only 3 were operative on 1 November 2026^[26].
• IEC. Any IEC can be verified on the DGFT website^[27].
• LMPC. DoCA's portal publishes the list of issued and surrendered rule 27 certificates^[28], and registers of packers are open to public inspection^[2].

Our walkthrough of how to verify a BIS licence shows the screens. Put each validity date into the licence renewal date tool so you know when to ask for the renewed copy.

Yes, in defined cases. Under section 86 of the Consumer Protection Act a product seller that is not the manufacturer is liable if it controlled design, testing, packaging or labelling; altered the product; gave its own warranty; failed to take reasonable care or pass on the maker's warnings; or sold a product whose manufacturer is unknown or not subject to Indian law^[11].

That last case is the one that bites distributors of imported goods. If the foreign maker cannot be served or an Indian order cannot be enforced against it, the seller in India stands in its place. Two protections:

• Know and record the importer. Keep the importer's name, address and registration, so the chain does not stop at you.
• Pass on warnings. Do not repack in a way that drops instructions. No action lies against a product seller where the product was misused, altered or modified^[11].

If you rebrand, you are a "product manufacturer" yourself, because the definition includes anyone who puts its own mark on goods made by others^[11].

Not if it only buys and resells finished retail packs. Rule 27 registration is for those who pre-pack or import a commodity for sale, distribution or delivery^[2]. A distributor that does neither is not required to register.

You become a registrant if you:

• repack bulk goods into retail packs, because you are then a packer;
• import the goods yourself, including by buying them on the high seas and filing the bill of entry in your name.

In those cases you apply to the Director or the State Controller^[2] with Rs 500^[2], within 90 days of starting^[2]. See LMPC importer registration.

Even without registration, you are exposed if the packs you sell are wrong. The 2026 version of section 36(1) applies to anyone who sells or offers a pre-packaged commodity whose package does not carry the required declarations^[6]. A first offence brings an improvement notice; repeats bring a penalty of up to Rs 5 lakh, then a fine of Rs 25 lakh to Rs 50 lakh.

Whose name goes on the pack? For imported packages, the importer's name and address must appear^[2]. A distributor's name does not replace the importer's. If you buy on the high seas and become the importer, the packs must name you, so labels printed in advance for the original buyer may need changing.

Packs sold to industrial or institutional consumers buying directly from the manufacturer are outside the retail-package rules^[29]. That exemption does not cover goods sold through a distribution chain to retail shops.

Batteries: the clearest answer. CPCB's FAQ says an importer has battery EPR obligations when it sells under its own brand, supplies others who sell under the importer's brand, supplies bulk consumers directly, or sells under the imported brand name; it does not have them when its buyers resell under their own brand^[4]. So:

• if you resell under the importer's or original brand, the importer remains the battery producer;
• if you rebrand, you are the producer, because selling under your own brand batteries made by others makes you one^[3].

E-waste: read the definition carefully. A producer includes anyone who sells under its own brand equipment made by others, or who offers to sell imported equipment, whatever the selling technique, including dealers and e-retailers^[5]. Read literally, that wording could reach a distributor of imported goods even when it does not rebrand. We have not seen CPCB guidance on whether a distributor buying from a registered importer must also register. In practice:

• if you rebrand, register as producer;
• if you do not, get the importer's e-waste EPR registration number in writing, because registered entities may not deal with unregistered ones^[5], and take advice on your own position.

Plastic packaging. An "importer" under the plastic rules is a person who imports, for commercial use, any commodity with plastic packaging^[9]. A distributor buying in India is not that importer. You are covered as a brand owner if the goods carry your brand, unless you are a micro or small enterprise^[9].

Fees and returns are covered in EPR registration costs and EPR annual returns.

A high-sea sale is a sale of imported goods by transferring the shipping documents after the goods leave the foreign port but before they are cleared in India. Distributors use it to buy a full container from an importer or trading company without the goods first being cleared in the seller's name.

Tax. Since 1 February 2019, the CGST Act is reported to treat such a sale, before clearance for home consumption, as neither a supply of goods nor a supply of services^[7]. CBIC's Circular 33/2017-Customs reportedly says IGST is collected only once, when the bill of entry is filed. The last buyer in the chain files the bill of entry and pays duty on a value that includes the high-sea-sale price, and must produce the whole chain of documents, such as the original invoice and the high-sea-sale contract^[8].

Compliance. Because the last buyer files the bill of entry, the distributor becomes the importer. In our reading that means:

• you need your own IEC^[30];
• you register under Legal Metrology as an importer within 90 days^[2], and the packs must name you as importer^[2];
• you are the battery producer for that import and should be registered before importing^[4], and Customs has been asked to check battery and plastic EPR registration at clearance^[31][32];
• for wireless goods, the ETA undertaking is signed by the importer or authorised Indian representative^[18], so check whether the seller's ETA can support your clearance or whether you must file your own;
• the BIS licence stays with the factory, but the goods must already carry the mark when you clear them^[1].

Before agreeing a high-sea purchase, ask the seller for the BIS licence, WPC ETA and any other approvals in writing, and price in the time needed to get your own registrations.

Collect and verify the paper before the first purchase order, decide early whether you will buy on the high seas or after clearance, and set renewal reminders before the goods arrive.

Ask for these before your first purchase order and keep them on file for each product line.

Two points come up often for distributors that sell to companies rather than shops.

• Industrial and institutional packs. Packaged goods for industrial or institutional consumers that buy directly from the manufacturer are outside the retail-package rules^[29]. Goods that pass through a distributor on their way to retail are not.
• Bulk consumers of electronics. An entity that used at least 1,000 units of listed electronic equipment in a year is a bulk consumer and must hand its e-waste only to registered producers, refurbishers or recyclers^[5]. If you supply such customers, expect them to ask for EPR registration numbers. CPCB also lists supplying bulk consumers directly as a case where a battery importer keeps the EPR obligation^[4].

1. An electrical wholesaler buying extension boards from an importer. Plugs and socket-outlets must meet IS 1293 and carry the ISI mark from 1 June 2022^[37], and our reading brings extension boards in^[37]. The wholesaler holds no licence but must check the CML number is operative on the FMCS list, not deferred or under stop marking^[17]. Stocking unmarked boards is itself an offence^[1]. Product guide: extension boards; standard: IS 1293.

2. A distributor buying a container of power banks on the high seas. It files the Bill of Entry, so it is the importer^[8]. Its own fees: IEC Rs 500^[38], LMPC Rs 500^[2], battery EPR Rs 10,000 for turnover under Rs 5 crore^[39] and plastic EPR Rs 10,000 under 1,000 TPA^[40]: Rs 21,000 in all. If the Bill of Entry is late without good cause, late charges run at Rs 5,000 a day for the first three days and Rs 10,000 a day after^[41]. Product guide: power banks.

3. A distributor relabelling LED bulbs under its own brand. Selling under its own brand makes it a producer under the e-waste rules for any listed equipment^[5] and a plastic brand owner unless it is micro or small^[9]. The factory needs a CRS licence in the new brand^[10], and BEE registers each brand separately^[42]. Product guide: LED bulbs.

A plain distributor pays no registration fees at all; its cost is the time to check papers. Fees start when it imports or rebrands. Estimate yours with the compliance cost estimator.

Most distributor cases start with stock that was fine when bought but is not fine when inspected: a licence that lapsed, went under stop marking, or never covered that brand.

• BIS search and seizure. A BIS officer who suspects a section 17 breach can search premises and vehicles and seize goods and documents^[45], and a court can order the goods forfeited^[46]. Market samples can be drawn from any point in the supply chain, including organised buyers^[47]. Fix: verify before buying and keep proof of the check.
• High-sea goods that turn out to be non-compliant. As the importer you answer for the Bill of Entry's documents^[12]. Goods imported against a prohibition are liable to confiscation^[12], with a penalty of up to the value of the goods or Rs 5,000, whichever is greater^[48].
• Broker error. Using a broker does not shift liability: JNCH held an importer liable for invalid licences filed through its broker^[49].
• Telecom gear without MTCTE. Holders get a seven-day stop-sale notice; certifying within 180 days costs ten times the normal fee^[50].

Need help checking a supplier? Ask us for a free compliance check, or use a BIS consultant for the factory side.