Regulations on Safe Management of Hazardous Chemicals (Revised in 2013)
Category Name: EnvironmentalProtection Authority: State Council Effectiveness: Effective Publication Date: 2013-12-07 Implementation Date: 2013-12-07 Expiration Date:
(Promulgated by the Order No.344 of the State Council of the People's Republic of China on January 26, 2002. Revised for the first time according to the Decision of the 144th Executive Meeting of the State Council on February 16, 2011 and promulgated by the Order No.591 of the State Council of the People's Republic of China on March 2, 2011, to be implemented from December 1, 2011. Revised for the second time according to the Decision of the 32nd Executive Meeting of the State Council on December 4, 2013 and promulgated by the Order No.645 of the State Council of the People's Republic of China on December 7, 2013, as amended by the Decision of the State Council of the People's Republic of China on Amending Some Administrative Regulations, to be implemented from December 7, 2013.)
Chapter 1 General Provisions
Article 1: This Regulation is formulated in order to strengthen the safe management of hazardous chemicals, prevent and reduce accidents involving hazardous chemicals, protect the life and property safety of the people, protect the environment.
Article 2: This Regulation applies to the safe management of the production, storage, use, operation and transportation of hazardous chemicals.
The disposal of waste hazardous chemicals shall be carried out in accordance with relevant environmental protection laws, administrative regulations and national regulations.
Article 3: Hazardous chemicals referred to in this Regulation mean highly toxic chemicals and other chemicals that have properties such as toxicity, corrosion, explosion, combustion, promotion of combustion, etc., which are harmful to human body, facilities, and the environment.
The catalogue of hazardous chemicals shall be determined and publicized by the State Administration of Work Safety in conjunction with the State Administration for Industry and Information Technology, Public Security, Environmental Protection, Health, Quality Supervision, Inspection and Quarantine, Transportation, Railways, Civil Aviation and agricultural competent authorities based on identification and classification standards for chemical hazards, and timely adjusted.
Article 4: The safe management of hazardous chemicals should adhere to the principle of "safety first, prevention first and comprehensive governance" and reinforce the main responsibility of enterprises.
The responsible persons in charge of hazardous chemical units for the production, storage, use, operation, and transportation (hereinafter collectively referred to as hazardous chemical units) bear overall responsibility for the safe management of hazardous chemicals in their respective units.
Hazardous chemical units shall possess safety conditions required by laws, administrative regulations, national standards, and industry standards, establish and improve safety management rules and systems, establish post safety responsibility systems, and provide safety education, legal education and post professional training to employees. Employees should receive education and training and pass assessments before engaging in work. For posts requiring qualifications, personnel who obtain relevant qualifications in accordance with the law shall be employed.
Article 5: No unit or individual may produce, operate, or use hazardous chemicals that are prohibited by the state from production, operation, or use.
If the state has restrictions on the use of hazardous chemicals, no unit or individual shall violate the restrictive provisions regarding the use of hazardous chemicals.
Article 6: The departments responsible for the supervision and management of the production, storage, use, operation, and transportation safety of hazardous chemicals (hereinafter referred to as the departments responsible for hazardous chemical safety supervision and management) shall perform their duties in accordance with the following provisions:
(1) The safety production supervision and management department shall be responsible for the overall work of hazardous chemical safety supervision and management, organize the determination, publication, and adjustment of the list of hazardous chemicals, conduct safety condition review of construction projects for new, rebuilt, and expanded production and storage of hazardous chemicals (including the use of long-distance pipelines to transport hazardous chemicals), issue hazardous chemical safety production licenses, hazardous chemical safety use licenses, and hazardous chemical operation permits, and be responsible for hazardous chemical registration work.
(2) The public security organs shall be responsible for the public safety management of hazardous chemicals, issue purchase permits for highly toxic chemicals, road transport passes for highly toxic chemicals, and be responsible for the road traffic safety management of vehicles transporting hazardous chemicals.
(3) The quality supervision, inspection, and quarantine departments shall be responsible for issuing industrial product production licenses for hazardous chemicals, packaging materials, and containers, excluding fixed large tanks for storing hazardous chemicals, and supervise their product quality in accordance with the law. They shall also be responsible for inspecting imported and exported hazardous chemicals and their packaging.
(4) The environmental protection departments shall be responsible for supervising and managing the disposal of hazardous chemicals, organizing the identification of environmental hazards and assessment of environmental risks posed by hazardous chemicals, determining key hazardous chemicals to be managed by environmental protection, and being responsible for hazardous chemical environmental management and new chemical substance environmental management registration. According to the division of responsibilities, they shall investigate relevant hazardous chemical environmental pollution accidents and ecological damage incidents and be responsible for emergency environmental monitoring at hazardous chemical accident sites.
(5) The transportation departments shall be responsible for granting permits for road and water transportation of hazardous chemicals and the safety management of transportation vehicles, supervising the safety of water transportation of hazardous chemicals, being responsible for the qualification certification of drivers, crew members, loading and unloading managers, escort personnel, reporting personnel, and on-site inspectors for container stuffing of hazardous chemical road transport enterprises and water transport enterprises. The railway regulatory department shall be responsible for the safe management of hazardous chemical railway transport and its transportation vehicles.
(6) The health departments shall be responsible for the management of toxicological identification of hazardous chemicals, organize and coordinate medical and health rescue work for personnel injured in hazardous chemical accidents.
(7) The industry and commerce administrative departments shall issue business licenses to hazardous chemical production, storage, operation, and transportation companies based on relevant departmental permits, and investigate illegal procurement of hazardous chemicals by hazardous chemical operating enterprises.
(8) The postal administration department shall be responsible for investigating the mailing of hazardous chemicals in accordance with the law.
Article 7: Departments responsible for hazardous chemical safety supervision and management shall conduct supervision and inspection in accordance with the law and may take the following measures:
(1) Enter hazardous chemical workplaces to conduct on-site inspections, inquire about relevant units and personnel, and access/copy relevant documents and information.
(2) Require immediate elimination or set a deadline for elimination when hazardous chemical accident hazards are found.
(3) Order immediate cessation of use of facilities, equipment, devices, materials, and transportation vehicles that do not meet legal, regulatory, standard, or industry standard requirements.
(4) With approval from the department's chief, seal venues where hazardous chemicals are illegally produced, stored, used, operated, or transported, seize hazardous chemicals as well as raw materials, equipment, and vehicles used for illegal production, use or transportation of hazardous chemicals.
Correct or order correction of illegal acts affecting hazardous chemical safety detected on-site.
The department responsible for the supervision and management of hazardous chemicals safety shall conduct supervision and inspection in accordance with the law. The inspection personnel shall not be less than two and shall present their law enforcement certificates. Relevante units and individuals shall cooperate with the supervision and inspection conducted in accordance with the law and shall not refuse or obstruct it.
Article 8: The people's governments above the county level shall establish a coordination mechanism for the supervision and management of hazardous chemical safety, support and supervise the department responsible for the supervision and management of hazardous chemicals safety to fulfill its duties in accordance with the law, and coordinate and solve major problems in the supervision and management of hazardous chemical safety.
The department responsible for the supervision and management of hazardous chemicals safety should cooperate closely with each other and strengthen the safety supervision and management of hazardous chemicals in accordance with the law.
Article 9: Any unit or individual has the right to report violations of this regulation to the department responsible for the supervision and management of hazardous chemicals safety. The department responsible for the supervision and management of hazardous chemicals safety shall handle it promptly in accordance with the law; if it does not fall within the scope of its duties, it shall be transferred to the relevant departments in a timely manner.
Article 10: The state encourages hazardous chemical production enterprises and enterprises that use hazardous chemicals to adopt advanced technologies, processes, equipment, and automatic control systems that are conducive to improving safety and security levels. It also encourages the implementation of specialized storage, unified distribution, and centralized sales of hazardous chemicals.
Chapter 2 Production and Storage Safety
Article 11: The state implements overall planning and reasonable layout for the production and storage of hazardous chemicals.
The industrial and information technology departments under the State Council and other relevant departments shall be responsible for the industry planning and layout of the production and storage of hazardous chemicals according to their respective responsibilities.
Local governments shall organize the development of urban and rural planning, and plan appropriate areas specifically for the production and storage of hazardous chemicals based on the local situation and the principle of ensuring safety.
Article 12: The construction projects for the production and storage of hazardous chemicals should be subject to safety condition reviews conducted by the department responsible for the supervision and management of workplace safety.
The construction unit should carry out a safety condition demonstration and entrust an institution with the qualifications specified by the state to conduct a safety evaluation of the construction project. The report on the safety condition demonstration and safety evaluation should be submitted to the department responsible for the supervision and management of workplace safety at or above the municipal level where the construction project is located. The department shall make a review decision and notify the construction unit in writing within 45 days from the date of receiving the report. Specific measures shall be formulated by the department responsible for the supervision and management of workplace safety under the State Council.
For new, renovated, expanded port construction projects for the storage and loading/unloading of hazardous chemicals, the port administrative department should conduct safety condition reviews in accordance with the provisions of the competent transportation department under the State Council.
Article 13: Units engaged in the production and storage of hazardous chemicals should set obvious signs for the hazardous chemical pipelines they lay, and regularly inspect and test these pipelines.
For construction work that may threaten the safety of hazardous chemical pipelines, the construction unit should notify the pipeline owner in writing at least seven days prior to commencing the work. They should jointly develop emergency plans and take corresponding safety protection measures. The pipeline owner should assign specialists to provide guidance on pipeline safety protection at the scene.
Article 14: Before hazardous chemical productions, production enterprises should obtain a hazardous chemical safety production license in accordance with the Regulations on the Administration of Safety Production Licenses.
For hazardous chemicals included in the national industrial product catalog subject to production licensing, the issuing enterprise should obtain an industrial product manufacturing license in accordance with the Regulations on the Administration of Industrial Product Manufacturing Licenses of the People's Republic of China.
The department responsible for issuing hazardous chemical safety production licenses and industrial product manufacturing licenses shall promptly report the issuance of these licenses to departments at the same level responsible for industrial and information technology, environmental protection, and public security.
Article 15: Enterprises producing hazardous chemicals shall provide a chemical safety technical data sheet that corresponds to the hazardous chemicals they produce, and paste or tie chemical safety labels that correspond to the hazardous chemicals inside the packaging (including outer packaging). The content of the chemical safety technical data sheet and the chemical safety label shall comply with the requirements of national standards.
If a hazardous chemical production enterprise finds new hazardous characteristics in the hazardous chemicals it produces, it shall immediately announce and promptly revise its chemical safety technical data sheet and chemical safety label.
Article 16: Enterprises producing hazardous chemicals that implement key environmental management shall report relevant information on the release of such hazardous chemicals into the environment to the environmental protection authority according to the regulations of the State Council's competent environmental protection department. The environmental protection authority may take corresponding environmental risk control measures according to the situation.
Article 17: The packaging of hazardous chemicals shall meet the requirements of laws, administrative regulations, rules, national standards, and industry standards.
The material of the hazardous chemical packaging, the type, specification, method, and individual quality (weight) of the hazardous chemical packaging and containers shall be suitable for the nature and purpose of the hazardous chemicals packaged.
Article 18: Enterprises producing hazardous chemicalspackaging or containers included in the national industrial product catalog implementing the production license system shall obtain an industrial product production license in accordance with the provisions of the "Regulations on the Administration of Production Licenses for Industrial Products of the People's Republic of China". The packaging or containers of hazardous chemicals produced by these enterprises can be sold from the factory only after being inspected and approved by inspection institutions recognized by the quality supervision, inspection, and quarantine department of the State Council.
Ships transporting hazardous chemicals and their loaded containers shall be produced in accordance with national shipping inspection specifications and inspected and approved by a ship inspection institution recognized by the maritime administration before they can be put into use.
For hazardous chemical packaging and containers that are repeatedly used, the user shall inspect them before reuse; if safety hazards are found, they shall be repaired or replaced. The user shall make a record of the inspection findings, and the retention period of the records shall not be less than 2 years.
Article 19: For hazardous chemical storage facilities (excluding transportation refueling stations and gas stations) whose production or storage quantity constitutes a major hazard source, their distance from the following places, facilities, and areas shall conform to relevant national regulations:
(1) Residential areas and places with dense personnel such as commercial centers, parks, etc.;
(2) Public facilities such as schools, hospitals, theaters, sports fields (halls), etc.;
(3) Drinking water sources, waterworks, and water source protection zones;
(4) Stations, wharves (excluding those engaged in hazardous chemical loading and unloading operations with permission according to law), airports, as well as communication trunk lines, communication hubs, railway lines, road traffic main lines, waterway traffic main lines, subway wind pavilions, and subway station entrances and exits;
(5) Basic farmland protection zones, basic grassland, livestock and poultry genetic resource protection zones, large-scale livestock and poultry farms (breeding communities), fishery waters, as well as seed, breeding livestock and poultry, aquatic seedling production bases;
(6) Rivers, lakes, scenic spots, nature reserves;
(7) Military prohibited zones, military management zones;
Other places, facilities, and areas specified by laws, administrative regulations, and rules.
For existing hazardous chemical production facilities or hazardous chemical storage facilities where the storage quantity constitutes a major hazard source and does not comply with the provisions of the preceding paragraph, the safety production supervision and management department of the municipal people's government at the district level, together with relevant departments, shall supervise the affiliated units to rectify within the prescribed time limit. If there is a need for transformation, shutdown, relocation or closure, it shall be decided and organized by the local people's government.
The site selection of hazardous chemical storage facilities where the storage quantity constitutes a major hazard source shall avoid areas with active faults, frequent flood disasters, and geological hazards.
The term "major hazard sources" as used in this regulation refers to units (including places and facilities) that produce, store, use or transport hazardous chemicals, and the quantity of hazardous chemicals equals or exceeds the critical amount.
Article 20: Units producing or storing hazardous chemicals shall set up corresponding monitoring, control, ventilation, sunshade, temperature control, fire prevention, fire extinguishing, explosion-proofing, pressure relief, anti-virus, neutralization, moisture-proofing, lightning protection, anti-static, anti-corrosion, anti-leakage and protective enclosures or isolation operations and other safety facilities and equipment according to the types and dangerous characteristics of the hazardous chemicals produced or stored on their premises, and carry out regular maintenance and upkeep of safety facilities and equipment in accordance with national standards, industry standards or relevant national regulations, ensuring the normal use of safety facilities and equipment.
Units producing or storing hazardous chemicals shall set obvious safety warning signs on their work sites and safety facilities and equipment.
Article 21: Units producing or storing hazardous chemicals shall set up communication and alarm devices in their work sites and ensure that they are in applicable conditions.
Article 22: Enterprises producing or storing hazardous chemicals shall entrust qualified organizations with the qualifications prescribed by the state to conduct a safety evaluation of the enterprise's safety production conditions once every three years and submit a safety evaluation report. The safety evaluation report shall include a plan to rectify existing safety production conditions problems.
Enterprises producing or storing hazardous chemicals shall file the safety evaluation report and the implementation status of the rectification plan with the safety production supervision and management department of the county-level people's government where the enterprise is located. Enterprises storing hazardous chemicals in the port area shall file the safety evaluation report and the implementation status of the rectification plan with the port administration department.
Article 23: Units producing or storing highly toxic chemicals or hazardous chemicals designated by the public security department of the State Council for the manufacture of explosive articles (hereinafter referred to as easy-to-bomb hazardous chemicals) shall truthfully record the quantity and flow direction of their production, storage, highly toxic chemicals and easily detonated hazardous chemicals, and take necessary safety precautions to prevent highly toxic chemicals and easily detonated hazardous chemicals from being lost or stolen; if they are found to be lost or stolen, they shall immediately report to the local public security organs.
Units producing or storing highly toxic chemicals or easily detonated hazardous chemicals shall set up public security institutions and equip them with full-time public security personnel.
Article 24: Hazardous chemicals shall be stored in dedicated warehouses, dedicated sites, or dedicated storage rooms (collectively referred to as dedicated warehouses), and managed by dedicated personnel; highly toxic chemicals and other hazardous chemicals with a storage quantity that constitutes a major hazard source shall be stored separately in dedicated warehouses, and double-person receiving, issuing, and safekeeping systems shall be implemented.
The storage methods, methods, and quantities of hazardous chemicals shall conform to national standards or relevant national regulations.
Article 25: Units storing hazardous chemicals shall establish a system of checking and registering the entry and exit of hazardous chemicals.
For highly toxic chemicals and other hazardous chemicals with a storage quantity that constitutes a major hazard source, the storage unit shall report to the safety production supervision and management department of the county-level people's government (for storage in the port area, to the port administration department) and the public security organs on the quantity, storage location, and status of the management personnel.
Article 26: Hazardous chemical dedicated warehouses shall meet the requirements of national standards and industry standards and have obvious signs. Dedicated warehouses for storing highly toxic chemicals and easily detonated hazardous chemicals shall be equipped with corresponding technical prevention facilities in accordance with relevant state regulations.
Units storing hazardous chemicals should regularly test and inspect the safety facilities and equipment of their specialized warehouses for hazardous chemicals.
Article 27: Units that produce or store hazardous chemicals shall take effective measures to dispose of their production facilities, storage facilities and inventory of hazardous chemicals in a timely and appropriate manner when switching production, stopping production, ceasing operations or dissolving. It is strictly prohibited to abandon hazardous chemicals. The disposal plan shall be reported to the county-level safety production supervision and management department, the industrial and information technology competent department, the environmental protection competent department and the public security organ where the unit is located for record. The safety production supervision and management department shall, in conjunction with the environmental protection competent department and the public security organ, supervise and inspect the disposal situation, and if it is found that disposal has not been carried out as stipulated, the unit shall be ordered to dispose of it immediately.
Chapter 3 Safe Use
Article 28: Units using hazardous chemicals shall meet the requirements of laws, administrative regulations, national standards and industry standards regarding their usage conditions (including processes), and establish and improve safety management rules and safety operating procedures for the use of hazardous chemicals according to the type, characteristics, quantity and method of use of the chemicals to ensure their safe use.
Article 29: Chemical enterprises that use hazardous chemicals for production and whose usage exceeds the prescribed quantity threshold (excluding those that are producers of hazardous chemicals) shall obtain a hazardous chemical safety use permit in accordance with this Regulation.
The quantity criteria for the hazardous chemical usage in the preceding paragraph shall be determined and published by the State Administration of Work Safety together with the Ministry of Public Security and the competent agricultural department under the State Council.
Article 30: Chemical enterprises applying for a hazardous chemical safety use permit shall, in addition to meeting the requirements set forth in Article 28 of this Regulation, also satisfy the following conditions:
(1) Possess professional and technical personnel adapted to the hazardous chemicals being used;
(2) Have a safety management body and dedicated safety management personnel;
(3) Have emergency response plans for hazardous chemical accidents which conform with national regulations as well as necessary emergency rescue equipment and devices;
(4) Undergo safety assessments in compliance with regulations.
Article 31: Chemical enterprises applying for a hazardous chemical safety use permit shall submit documents evidencing the fact they meet the requirements stipulated in Article 30 of this Regulation, to the local safety production supervision and management department of the district-level people's government where the enterprise is located. The safety production supervision and management department of the district-level people’s government shall examine the application, and make a decision approving or rejecting it within 45 days from the date of receipt of the required documents. If approved, the hazardous chemical safety use permit shall be issued; if rejected, the applicant should be notified in writing with reasons.
The safety production supervision and management department shall promptly report to the same level environmental protection competent department and public security organ upon issuance of the hazardous chemical safety use permit.
Article 32: The provisions of Article 16 of this Regulation on key environmental management during production with hazardous chemicals apply to enterprises using hazardous chemicals for production. The regulations in Articles 20, 21, 23 (1), and 27 applicable to the production and storage of hazardous chemicals shall also apply to their usage, while the regulations outlined in Article 22 on the production and storage of hazardous chemicals will apply to those engaged in their production using hazardous chemicals.
Chapter 4 Operation Safety
Article 33: The state implements a licensing system for the operation of hazardous chemicals (including storage and operation, the same below). No unit or individual may operate hazardous chemicals without a license.
Hazardous chemical production enterprises established in accordance with the law shall have no need to obtain a hazardous chemical operation permit when selling hazardous chemicals produced by themselves within their factory area.
Port operators who have obtained a port operation permit certificate according to the provisions of the Port Law of the People's Republic of China are engaged in the storage and operation of hazardous chemicals in the port area, and there is no need to obtain a hazardous chemical operation permit.
Article 34: Enterprises engaged in the operation of hazardous chemicals should have the following conditions:
(1) Have an operating site that complies with national standards and industry standards. If storing hazardous chemicals, also have storage facilities that comply with national standards and industry standards;
(2) Employ personnel who have completed professional technical training and passed assessments;
(3)Have sound safety management rules and regulations;
Employ dedicated safety management personnel;
(5) Have emergency response plans for hazardous chemical accidents that conform with national regulations and necessary emergency rescue equipment and devices;
(6) Other conditions stipulated by laws and regulations.
Article 35: Enterprises engaged in the operation of highly toxic chemicals and explosives or other hazardous chemicals except those mentioned in Article 33 shall apply to the safety production supervision and management department of the district-level people's government where they are located. Those with storage facilities shall apply to the safety production supervision and management department of the district-level people’s government. Applicants should provide proof of meeting the requirements set forth in Article 34 of this Regulation.
The safety production supervision and management department of the district-level people's government or the county-level people’s government safety production supervision and management department shall conduct an examination in accordance with the law and carry out on-site inspections of the enterprise's operating sites and storage facilities. A decision to grant or not grant approval shall be made within 30 days from the date of receipt of the documents. If approved, a hazardous chemical operation permit shall be issued; if not approved, a written notice shall be given to the applicant with reasons.
The safety production supervision and management department of the district-level people's government and the county-level people’s government safety production supervision and management department shall promptly report the issuance of hazardous chemical operation permits to the same level environmental protection competent department and public security organ.
After obtaining the hazardous chemical operation permit, applicants may engage in hazardous chemical operations only after completing registration procedures with the administrative department for industry and commerce. If other relevant departments require licenses for operating hazardous chemicals under laws, regulations, or State Council provisions, applicants should also hold the corresponding license when registering with the administrative department for industry and commerce.
Article 36: Enterprises storing hazardous chemicals shall comply with the provisions of Chapter Two of this Regulation regarding storage of hazardous chemicals. Only civilian small-packaged dangerous chemicals may be stored in hazardous chemical stores.
Article 37: Hazardous chemical business enterprises must not purchase hazardous chemicals to non-licensed companies engaged in hazardous chemical production or business operations, nor operate dangerous chemicals without a chemical safety technical manual or a chemical safety label.
Article 38: Enterprises that legally obtain production licenses, use licenses, and business licenses for hazardous chemicals can purchase highly toxic and explosively hazardous chemicals accordingly. Civilian explosive production enterprises can purchase easily explosive hazardous chemicals with their explosive production permits.
For units outside the provisions mentioned above purchasing highly toxic chemicals, they shall apply for a permit from the public security organs of the county-level people's governments where they are located. To purchase easily explosive hazardous chemicals, they should hold a legitimate purpose provided by their unit.
Individuals cannot purchase highly toxic chemicals (except pesticides that belong to highly toxic chemicals) and explosively hazardous chemicals.
Article 39: Applicants for a highly toxic chemical purchase permit should submit the following materials to the public security organs of the county-level people's government where they are located:
(1) Copies of business licenses or legal person certificates (registration certificates);
(2) A description of the types and quantities of highly toxic chemicals to be purchased;
(3) An explanation of the purposes for purchasing highly toxic chemicals;
(4) Identification of the operator.
The public security organs of the county-level people's governments shall make decisions within three days after receiving the materials specified in the preceding paragraph. If approved, they will issue a highly toxic chemical purchase permit; if not, written notification shall be given to the applicant along with an explanation of the reasons.
Regulations on the Administration of Highly Toxic Chemical Purchase Permits shall be formulated by the public security department of the State Council.
Article 40: Hazardous chemical production enterprises and business enterprises selling highly toxic and explosively hazardous chemicals must check the relevant licenses or certification documents specified in the first and second paragraphs of Article 38 of this Regulation. They shall not sell highly toxic chemicals and explosively hazardous chemicals to units without relevant legal certifications or documents. Sales of highly toxic chemicals to purchasers with a purchase permit should be according to the type and quantity specified on the permit.
Sales of highly toxic chemicals (except pesticides that belong to highly toxic chemicals) and explosively hazardous chemicals to individuals are prohibited.
Article 41: Hazardous chemical production enterprises and business enterprises selling highly toxic and explosively hazardous chemicals shall accurately record the name and address of the purchasing unit, the name, ID number of the operator, types, quantities, and purposes of highly toxic and explosively hazardous chemicals purchased. Sales records and copies of the operator's identification and relevant certification documents shall be kept for at least one year.
Enterprises selling and purchasing highly toxic and explosively hazardous chemicals shall report the types, quantities, and flow information of the chemicals sold and purchased to the public security organs of the county-level people's governments where they are located within five days after the sale or purchase, and enter the data into the computer system.
Article 42: Units using highly toxic and explosively hazardous chemicals cannot lend or transfer purchased highly toxic and explosively hazardous chemicals. If transfer is necessary due to adjustments in production, suspension of production, relocation, or closure, they must transfer to units holding related licenses or certification documents specified in the first and second paragraphs of Article 38 of this Regulation and timely report to the local public security organs of the county-level people's government after transfer.
Chapter 5 Transportation Safety
Article 43: Enterprises engaged in the road transportation and water transportation of hazardous chemicals shall obtain the road transportation permit for dangerous goods and the water transportation permit for dangerous goods respectively in accordance with relevant laws and administrative regulations on road transportation and water transportation, and carry out registration procedures with the administrative department for industry and commerce.
Enterprises engaged in the road transportation and water transportation of hazardous chemicals shall have full-time safety management personnel.
Article 44: Drivers, crew members, handling managers, escort personnel, declarants, and container loading inspectors of enterprises engaged in the road transportation and water transportation of hazardous chemicals shall be assessed and qualified by the competent transport authority and obtain professional qualifications. The specific measures shall be formulated by the competent transport authority under the State Council.
The loading and unloading operations of hazardous chemicals shall comply with safety operation standards, rules and regulations, and be carried out under the on-site command or monitoring of loading and unloading managers. Container loading operations for water transportation of hazardous chemicals shall be carried out under the command or monitoring of on-site inspectors of container loading and meet the specifications and requirements of loading, isolation; after the loading operation is completed, the inspector of container loading site shall sign the certificate of loading.
Article 45: Safety protection measures corresponding to the hazardous characteristics of hazardous chemicals shall be taken during transportation, and necessary protective equipment and emergency rescue equipment shall be provided.
Tankers and other containers used for transporting hazardous chemicals shall be tightly sealed and able to prevent leakage or spillage of hazardous chemicals due to temperature, humidity, or pressure changes during transportation; the overflow and pressure relief devices of tankers and other containers shall be accurately set and flexible.
Drivers, crew members, handling managers, escort personnel, declarants, and container loading inspectors involved in the transportation of hazardous chemicals shall understand the hazardous characteristics of the chemicals being transported, the requirements for use of their packaging and containers, and emergency handling methods when dangerous situations occur.
Article 46: In the road transportation of hazardous chemicals, consignors shall entrust enterprises that have obtained the road transportation permit for dangerous goods to carry out the shipment.
Article 47: When transporting hazardous chemicals by road, they shall be loaded according to the approved carrying capacity of the transport vehicle, and overloading is prohibited.
Transport vehicles for hazardous chemicals shall meet the safety technical conditions required by national standards and undergo regular safety technical inspections in accordance with relevant state regulations.
Warning signs that comply with national standards shall be hung or sprayed on transport vehicles for hazardous chemicals.
Article 48: When transporting hazardous chemicals by road, escort personnel shall be provided, and it shall be ensured that the hazardous chemicals being transported are under the supervision of escort personnel.
In the event of a long-term parking due to accommodation or abnormal transportation, drivers and escort personnel shall take corresponding safety precautions. For the transportation of highly toxic chemicals or easily explosive hazardous chemicals, local public security organs shall be notified.
Article 49: Vehicles transporting hazardous chemicals may not enter areas restricted to hazardous chemical transportation vehicles without approval from public security organs. The areas restricted to hazardous chemical transportation vehicles shall be designated by the public security organs of county-level people's governments and marked with obvious signs.
Article 50: Consignors of highly toxic chemicals for road transportation shall apply for a road transportation permit for highly toxic chemicals from the public security organs of the county-level people's government of the originating or destination place.
When applying for a road transportation permit for highly toxic chemicals, the consignor shall submit the following materials to the public security organs of the county-level people's government:
(1) A description of the variety and quantity of highly toxic chemicals to be transported;
(2) A description of the origin, destination, transportation time, and transportation route;
(3) Proof documents of the carrier's road transportation permit for dangerous goods, operating certificate of the transport vehicle, and qualification certificates of drivers and escort personnel;
(4) Relevant license documents for purchasing highly toxic chemicals stipulated in the first and second paragraphs of Article 38 of these Regulations or import and export certificates issued by customs.
The public security organs of county-level governments shall make a decision on approval or non-approval within seven days from the date of receipt of the materials specified in the preceding paragraph. If it is approved, a road transportation permit for highly toxic chemicals will be issued; if it is not approved, the applicant shall be notified in writing with reasons.
Measures for the management of road transport permits for highly toxic chemicals shall be formulated by the public security authorities under the State Council.
Article 51: If highly-toxic chemicals or explosive hazardous chemicals are lost, stolen, robbed, or scattered and leaked during road transport, drivers and escort personnel should take immediate corresponding warning and safety measures and report to the local public security organs. After receiving the report, the public security organ should promptly report to the safety supervision and management department, environmental protection supervisory department, and health administrative department according to the actual situation. The relevant departments shall take necessary emergency response measures.
Article 52: When transporting hazardous chemicals by waterway, the laws, administrative regulations, and provisions of the State Council's transportation authorities on the safe transportation of dangerous goods by waterway shall be complied with.
Article 53: The maritime administration shall determine the relevant safety transportation conditions for ships transporting hazardous chemicals according to the type and danger characteristics of hazardous chemicals.
If the relevant safety transportation conditions for the chemical products to be delivered to the ship for transportation are unclear, the cargo owner or agent shall entrust relevant technical institutions to conduct evaluations, clarify the relevant safety transportation conditions, and obtain confirmation from the maritime administration before delivering them for transportation.
Article 54: It is forbidden to transport highly toxic chemicals and other hazardous chemicals prohibited by national regulations through closed waters in inland rivers.
Inland river waters other than those specified in the preceding paragraph prohibit the transportation of highly toxic chemicals and other hazardous chemicals prohibited by national regulations for inland river transport.
The scope of highly toxic chemicals and other hazardous chemicals prohibited from being transported through inland waterways shall be prescribed and published by the transportation authorities of the State Council in conjunction with the environmental protection supervisory department, the industrial and information technology department, and the safety supervision and management department, based on factors such as the danger characteristics of hazardous chemicals, the degree of harm to the human body and water environment, and the degree of difficulty in eliminating harmful consequences.
Article 55: The transportation authorities of the State Council shall implement classified management of hazardous chemicals transported by inland waterways other than those specified in Article 54 of these Regulations (hereinafter referred to as hazardous chemicals transported by inland waterways) based on their danger characteristics, and make separate regulations and supervise their implementation regarding the transportation methods, packaging specifications, and safety protection measures for each type of hazardous chemical.
Article 56: The transportation of hazardous chemicals through inland waterways shall be carried out by water transport enterprises that have obtained permits for the waterway transportation of dangerous goods in accordance with the law, and other units and individuals may not undertake such transportation. The consignor shall entrust a water transport enterprise that has obtained a permit for the waterway transportation of dangerous goods in accordance with the law to undertake the transportation and may not entrust other units or individuals to undertake it.
Article 57: Ships carrying hazardous chemicals through inland waterways shall use transport ships with certificates of suitability for the transportation of dangerous goods obtained in accordance with the law. Water transport enterprises shall formulate emergency rescue plans for chemical accidents of transport ships based on the danger characteristics of the hazardous chemicals being transported, and equip the transport ships with sufficient and effective emergency rescue equipment.
The owner or operator of the ship transporting hazardous chemicals via inland waterways shall obtain a certificate of insurance liability for pollution damage of the ship or financial guarantee proof. A copy of the certificate of insurance liability for pollution damage of the ship or financial guarantee proof shall be carried with the ship.
Article 58: When transporting hazardous chemicals via inland waterways, the material, type, strength, and packaging method of the hazardous chemical packaging should comply with the requirements of the packaging specifications for hazardous chemical transportation via waterways. If there are restrictive provisions regarding the quantity of hazardous chemicals transported on a single ship, the carrier shall arrange the transportation quantity in accordance with the provisions.
Article 59: Inland river docks and berths used for hazardous chemical transportation operations shall comply with relevant national safety norms and maintain a distance from drinking water intakes as stipulated by the state. The relevant management unit should formulate emergency plans for hazardous chemical accidents in docks and berths, and equip them with sufficient and effective emergency rescue equipment.
Inland river docks and berths used for hazardous chemical transportation operations may only be put into use after being inspected and accepted by the transportation authorities in accordance with relevant national regulations.
Article 60: When ships carry hazardous chemicals in and out of inland port, they shall report to the maritime administration regarding matters such as the name and nature of the chemicals, packaging, and time of entry and exit. After receiving the report, the maritime administration should decide whether to approve it within the timeframe specified by the State Council's transport department, notify the reporter, and inform the port administrative management department. Ships that have specified routes, cargoes, and schedules can report periodically.
For the loading and unloading of hazardous chemicals in inland ports, the names, nature, packaging, time, and location of the chemicals should be reported to the port administrative management department. After receiving the report, the port administrative management department should decide whether to approve it within the timeframe specified by the State Council's transport department, notify the reporter, and inform the maritime administration.
Ships carrying hazardous chemicals must comply with relevant laws, regulations, and other provisions for source water protection when sailing inland. The development plan for inland waterways should be coordinated with the approved zoning plan for source water protection according to the law.
Article 61: Ships transporting hazardous chemicals within inland waters during navigation, loading or unloading, or anchoring shall display specialized warning signs and show designated signals as required.
Article 62: Ships transporting hazardous chemicals on inland waters should comply with relevant laws, regulations, and other provisions for source water protection. The development plan for inland waterways should be coordinated with the approved zoning plan for source water protection according to the law.
Article 63: Those who consign hazardous chemicals shall explain to carriers the types, quantities, properties, and emergency measures for dangerous situations related to the consignment, and follow national regulations to properly package them and mark them accordingly.
If it is necessary to add inhibitors or stabilizers to transport hazardous chemicals, the consignor shall add such substance and inform the carrier of the relevant information.
Article 64: Consignors shall not mix hazardous chemicals with ordinary goods, nor conceal or falsely report them as ordinary goods. Any units or individuals are prohibited from posting or carrying hazardous chemicals in mail or express delivery, and are not allowed to conceal or falsely report them as regular items for posting. Postal and express delivery companies are not allowed to receive or deliver hazardous chemicals.
Transportation authorities and postal management may inspect and open any packages suspected of violating provisions stated in Article 1 and Article 2 of this regulation according to relevant laws and regulations.
Article 65: Regulations regarding safe management of hazardous chemicals transported by railway and aviation should be enforced based on relevant laws, administrative regulations, and rules.
Chapter VI: Registration of Hazardous Chemicals and Emergency Response
Article 66: The state implements a system for registering hazardous chemicals, providing technical support and information for hazardous chemical safety management, accident prevention, and emergency response.
Article 67: Hazardous chemical producers and importers must register their hazardous chemicals with the State Administration of Work Safety, which is responsible for managing hazardous chemical registration.
Hazardous chemical registration includes the following contents:
(1) Classification and labelling information;
(2) Physical and chemical properties;
(3) Main uses;
(4) Hazard characteristics;
(5) Safety requirements for storage, use, and transportation;
(6) Emergency response measures in case of accidents.
For the same type of hazardous chemical produced or imported by the same enterprise, duplicate registration shall not occur. If new hazards arise, producers and importers of hazardous chemicals should promptly update their registration with the hazardous chemical registration institution.
The specific measures for hazardous chemical registration shall be formulated by the State Administration of Work Safety.
Article 68: Hazardous chemical registration institutions should regularly provide industrial and information technology, environmental protection, public security, health, transportation, railways, quality supervision and inspection and quarantine departments with relevant information and data about hazardous chemical registration.
Article 69: Safety production supervision and administration departments of local people’s governments at or above the county level, in conjunction with departments, including industrial and information technology, environmental protection, public security, health, transportation, railways, quality supervision and inspection and quarantine, shall formulate emergency response plans for hazardous chemical accidents based on their actual situation within their jurisdictions and submit them to the corresponding level of
Article 70: The units handling hazardous chemicals shall develop an emergency response plan, equipped with emergency rescue personnel and necessary equipment, and regularly organize emergency rescue drills.
The units handling hazardous chemicals shall report their emergency plans to the local government's safety production supervision and management department where they are located for filing.
Article 71: In case of a hazardous chemical accident, the person in charge of the unit shall immediately organize rescues according to the unit’s emergency plan and report to the local departments of safety production supervision and management, environmental protection, public security, and health. If such an accident occurs during road or water transportation of hazardous chemicals, drivers, crew members, or escorts shall also report to the transportation department at the location of the accident.
Article 72: Local governments concerned shall organize relevant departments, including safety production supervision and management, environmental protection, public security, health, and transportation, in accordance with the local emergency plan on a hazardous chemical accident to conduct rescues immediately without delay or procrastination.
Local governments and related departments shall take necessary emergency measures to reduce losses, prevent accidents from spreading or worsening, and monitor and evaluate environmental pollution and ecological damage caused by the incident and take corresponding measures for pollution control and ecological restoration.
Article 73: Related units handling hazardous chemicals shall provide technical guidance and necessary assistance for emergency rescue.
Article 74: In case of environmental pollution caused by a hazardous chemical accident, the environmental protection authority at or above the city level where the accident occurs shall uniformly release relevant information.
Chapter 7 Legal Liability
Article 75: Those who produce, operate, or use hazardous chemicals that are prohibited by the state shall be ordered by the safety production supervision and management department to cease production, operation, or use activities and be fined between RMB 200,000 and 500,000 yuan. If there is any illegal income, it shall be confiscated. If criminal offenses are committed, criminal liability shall be pursued in accordance with the law.
Those who violate the provisions of the preceding paragraph shall be ordered by the safety production supervision and management department to carry out harmless treatment for hazardous chemicals produced, operated, or used before ceasing their activities (if required).
Those who violate restrictive rules on the use of hazardous chemicals established by the state shall be treated according to the provisions under the first paragraph of this Article.
Article 76: Those who build projects for the production, storage, or transportation of dangerous chemicals without undergoing safety examination shall be ordered by the safety production supervision and management department to stop construction and correct within a limited period. If they fail to do so, they shall be fined between RMB 500,000 and 1 million yuan; if they commit criminal offenses, criminal liability shall be pursued in accordance with the law.
Those who build harbor projects for the storage or handling of hazardous chemicals without undergoing safety examination shall be penalized by the port administrative department in accordance with the preceding paragraph.
Article 77: Those who engage in hazardous chemical production without obtaining hazardous chemical safety production licenses or produce hazardous chemicals, packaging materials, or containers without obtaining industrial product production permits shall be punished in accordance with the Regulation on Safety Production Licenses and Management Regulations on Industrial Product Production Permits of the People's Republic of China respectively.
Chemical industry enterprises that violate this regulation by using hazardous chemicals without obtaining hazardous chemical safety usage licenses for production will be ordered by the safety production supervision and management department to rectify within a limited period, fined between RMB 100,000 and 200,000 yuan, and required to cease production until the rectification is made if overdue.
Those who violate this regulation by engaging in hazardous chemical operations without obtaining hazardous chemical operation permits shall be ordered by the safety production supervision and management department to stop business activities, confiscate illegal hazardous chemicals and illegal earnings, and be fined between RMB 100,000 and 200,000 yuan. If criminal offenses are committed, criminal liability shall be pursued in accordance with the law.
Article 78: If any of the following circumstances occur, the safety supervision and management department shall order rectification and may impose a fine of no more than RMB 50,000; those who refuse to make corrections shall be fined between RMB 50,000 and RMB 100,000; serious cases shall be ordered to suspend production and business for rectification:
(1) The unit that produces or stores hazardous chemicals has not set obvious signs on its hazardous chemical pipelines, or has not regularly inspected and tested the hazardous chemical pipelines.
(2) Construction operations that may endanger the safety of hazardous chemical pipelines are carried out, and the construction unit fails to notify the pipeline owner in writing according to regulations, or fails to jointly develop emergency plans and take corresponding safety measures with the pipeline owner. The pipeline owner did not assign dedicated personnel to provide guidance on pipeline safety protection at the scene.
(3) Hazardous chemical production enterprises do not provide chemical safety technical instructions, or do not paste or hang chemical safety labels on packaging (including outer packaging);
(4) The chemical safety technical instructions provided by the hazardous chemical production enterprise do not match the hazardous chemicals it produces, or the chemical safety label pasted or hung on the packaging (including outer packaging) does not match the hazardous chemicals in the package, or the content stated in the chemical safety technical instructions and chemical safety labels does not meet national standards;
(5) The hazardous chemical production enterprise did not immediately announce the new hazardous characteristics of the hazardous chemicals it produces, or did not revise the chemical safety technical instructions and chemical safety labels in a timely manner upon discovery of such changes;
(6) Hazardous chemical trading companies operate hazardous chemicals without chemical safety technical instructions and chemical safety labels;
(7) The material, type, specification, method, and individual weight of the hazardous chemical packaging container are not suitable for the nature and purpose of the packaged hazardous chemicals;
(8) The unit that produces or stores hazardous chemicals has not set obvious safety warning signs on the work site and safety facilities, equipment, or has not set up communication and alarm devices in the work site;
(9) The dedicated warehouses for hazardous chemicals have no dedicated personnel responsible for management, or there is no system of dual receipt and keeping for the storage of highly toxic chemicals and other hazardous chemicals with significant risk due to storage quantities;
(10) The unit that stores hazardous chemicals has not established procedures for checking and recording incoming and outgoing hazardous chemicals;
(11) No clear signs are set up for dedicated warehouses of hazardous chemicals;
(12) Hazardous chemical production and import enterprises fail to process hazardous chemical registration, or do not handle procedures for changes to the registered hazardous chemical information upon discovering new hazardous characteristics of their production or imported hazardous chemicals.
When the operator of a port engaged in the warehousing and trading of hazardous chemicals violates the provisions listed in the preceding paragraph, punishment shall be imposed by the port administration in accordance with the above-mentioned provisions. If the dedicated warehouses storing highly toxic chemicals and explosively hazardous chemicals have failed to install relevant technical security facilities prescribed by national regulations, they will be punished in accordance with above provisions by public security authorities.
If a unit that produces or stores highly toxic chemicals or explosive hazardous chemicals does not set up a security organization or have full-time security personnel, it shall be punished in accordance with the provisions of the "Regulations on Internal Security of Enterprises and Institutions".
Article 79: If a hazardous chemical packaging or container production enterprise sells untested or substandard hazardous chemical packaging or containers, the quality supervision, inspection and quarantine department shall order correction, impose a fine of no less than RMB 100,000 and no more than RMB 200,000 while confiscating any illegal income. If the violators refuse to correct their actions, production and business activities shall be suspended until rectification is complete. If a crime is committed, criminal responsibility shall be investigated in accordance with the law.
If an uninspected qualified transport vessel for hazardous chemicals and its cargos are put into use, the maritime administration shall impose punishment in accordance with the provisions listed in the preceding paragraph.
Article 80: If a unit that produces, stores, or uses hazardous chemicals falls into one of the following situations, the safety production supervision and management department shall order it to make corrections and impose a fine of no less than 50,000 yuan but no more than 100,000 yuan. If it fails to make corrections, it shall be ordered to suspend production and business for rectification until its relevant permit is revoked by the original issuing authority, and the industry and commerce administrative department shall order it to register for changes to its business scope or revoke its business license. If personnel in charge are involved in criminal wrongdoing, they shall be investigated for criminal responsibility according to law. The situations are:
(1) Failing to inspect the packaging or containers of hazardous chemicals that are reused before reuse;
(2) Not installing relevant safety facilities and equipment at the workplace according to the type and hazard characteristics of the produced and stored hazardous chemicals, or not conducting regular maintenance and upkeep of safety facilities and equipment in accordance with national standards, industry standards, or national regulations;
(3) Failing to conduct regular safety evaluations of its safety production conditions in accordance with the provisions of this regulation;
(4) Failing to store hazardous chemicals in a dedicated warehouse, or failing to place highly toxic chemicals and other hazardous chemicals that constitute a significant source of danger when stored separately in a dedicated warehouse;
(5) Storing hazardous chemicals in ways, methods, or quantities that do not comply with national standards or relevant national regulations;
(6) Dedicated warehouses for hazardous chemicals that do not meet the requirements of national standards or industry standards;
(7) Failing to regularly test and inspect the safety facilities and equipment of dedicated warehouses for hazardous chemicals.
If a port operator engaged in hazardous chemical warehousing operations falls under the above circumstances, the port administrative department shall impose penalties in accordance with the above provisions.
Article 81: If a unit that produces, stores, or uses highly toxic chemicals or explosives does not truthfully record the amounts and flow of production, storage, and use of these chemicals, or fails to report to the public security organ immediately upon discovering missing or stolen hazardous chemicals, it shall be ordered by the public security organ to make corrections and may be fined no less than 10,000 yuan but no more than 50,000 yuan. If it refuses to make corrections, it shall be fined no less than 10,000 yuan but no more than 50,000 yuan. The situations are:
(1) Failing to truthfully record the amounts and flow of production, storage, and use of highly toxic chemicals or explosives;
(2) Discovering missing or stolen highly toxic chemicals or explosives but not reporting to the public security organ immediately;
(3) Failing to file with the public security organ at the county level where the highly toxic chemicals are stored information on the quantity, storage location, and management personnel of highly toxic chemicals being stored;
(4) Hazardous chemical production enterprises or business enterprises failing to truthfully record the names, addresses, ID card numbers, and quantities and purpose of purchase of highly toxic chemicals or explosives, or saving sales records and relevant materials for less than one year;
(5) Enterprises selling or purchasing highly toxic chemicals or explosives failing to file with the public security organs of the county-level people's governments information on the types, quantities, and flow of the sold or purchased highly toxic chemicals or explosives within the specified time limit;
(6) Units that use highly toxic chemicals or explosive hazardous chemicals shall transfer the purchased highly toxic chemicals or explosive hazardous chemicals in accordance with the provisions of this regulation and fail to report relevant information to the public security organs of the county-level people's governments where they are located shall be punished.
Enterprises that produce, store dangerous chemicals or use dangerous chemicals for production, fail to report the safety evaluation report and the implementation of the rectification plan to the safety production supervision and management department or the port administrative management department in accordance with this regulation; or units that store highly toxic chemicals and other dangerous chemicals that constitute a major hazard source fail to report the storage quantity, location, and management personnel of these chemicals to the safety production supervision and management department or the port administrative management department, respectively. The safety production supervision and management department or the port administrative management department shall punish them in accordance with the provisions of the preceding paragraph.
Enterprises that produce hazardous chemicals for environmental management or use hazardous chemicals for production without reporting relevant information to the environmental protection department in accordance with regulations shall be punished by the environmental protection department in accordance with the provisions of the first paragraph of this article.
Article 82: Units that produce, store, or use hazardous chemicals, when changing production, suspending production or business, or dissolving, fail to take effective measures to dispose of their hazardous chemical production equipment, storage facilities, and stored hazardous chemicals in a timely and proper manner or discard hazardous chemicals shall be ordered to make corrections by the safety production supervision and management department and face a penalty of more than RMB 50,000 but less than RMB 100,000 yuan; those who commit a crime shall be held criminally responsible according to law.
Units that produce, store, or use hazardous chemicals, when changing production, suspending production or business, or dissolving, fail to report to the relevant departments the disposal plan for their hazardous chemical production equipment, storage facilities, and stored hazardous chemicals in accordance with the provisions of these regulations shall be ordered by the relevant departments to make corrections and may face a fine of less than RMB 10,000 yuan; those who refuse to make corrections may face a fine of more than RMB 10,000 but less than RMB 50,000 yuan.
Article 83: If a hazardous materials business purchases hazardous chemicals from an unlicensed enterprise that illegally produces or deals with hazardous chemicals, it shall be ordered to make corrections by the administrative department for industry and commerce and face a penalty of more than RMB 100,000 but less than RMB 200,000 yuan; those who refuse to make corrections shall be ordered to suspend operations and rectify until their hazardous chemical business license is revoked by the original issuing authority. The administration for industry and commerce shall also order them to register changes in their business scope or revoke their business licenses.
Article 84: Enterprises that produce or deal with hazardous chemicals shall be ordered to make corrections, have their illegal gains confiscated, and face a fine of more than RMB 100,000 but less than RMB 200,000 yuan if they:
(1) Sell highly toxic chemicals or explosive hazardous chemicals to units without the relevant licenses or certificates as prescribed in Article 38 paragraphs 1 and 2 of this regulation.
(2) Sell highly toxic chemicals that are not listed on the high-toxicity chemical purchase permit, or sell highly toxic chemicals in quantities different from those specified on the permit.
(3) Sell highly toxic chemicals (except for highly toxic pesticides) or explosive hazardous chemicals to individuals.
Units that buy highly toxic chemicals or explosive hazardous chemicals without obtaining the relevant licenses or certificates prescribed in Article 38 of this regulation, or individuals who buy highly toxic chemicals (except for highly toxic pesticides) or explosive hazardous chemicals shall have the purchased highly toxic chemicals or explosive hazardous chemicals confiscated by the public security organs and may face a fine of no more than RMB 5,000.
Units that use highly toxic chemicals or explosive hazardous chemicals lend or transfer the purchased highly toxic chemicals or explosive hazardous chemicals to units without the relevant licenses or certificates prescribed in Article 38 paragraphs 1 and 2 of this regulation, or sell highly toxic chemicals (except for highly toxic pesticides) or explosive hazardous chemicals to individuals shall be ordered to make corrections by the public security organs and may face a penalty of more than RMB 100,000 but less than RMB 200,000 yuan; those who refuse to make corrections shall be ordered to suspend operations and rectify.
Article 85: Those who engage in the road transportation or water transport of hazardous chemicals without obtaining the permit for transporting dangerous goods by road or the permit for transporting dangerous goods by water shall be punished according to the provisions of relevant laws and administrative regulations on road transport or water transport.
Article 86: If any of the following circumstances occur, the transportation administration department shall order rectification and impose a fine of no less than 50,000 yuan but no more than 100,000 yuan; if the correction is refused, the production or operation shall be suspended for rectification; crimes shall be investigated according to law:
(1) The drivers, crew members, loading and unloading managers, escorts, declarants, and on-site inspectors of dangerous chemicals transportation enterprises by road or waterway transportation have not obtained the qualification for employment;
(2) Transportation of dangerous chemicals without taking corresponding safety measures according to the danger characteristics of dangerous chemicals, or not equipped with necessary protective equipment and emergency rescue equipment;
(3) Using ships that have not obtained a certificate of suitability for dangerous goods transportation in accordance with the law to transport dangerous chemicals through inland waterways;
(4) Violating the restrictive regulations of the transportation administration department of the State Council on the quantity of dangerous chemicals transported by single ship and transporting dangerous chemicals through inland waterways;
(5) Inland wharfs and berths used for dangerous chemicals transportation do not comply with national safety standards, or are not kept at a safe distance from drinking water intakes as stipulated by the state, or have not been accepted by the transportation administration department and put into use after being qualified;
(6) The consignor fails to explain to the carrier the type, quantity, danger characteristics, and emergency disposal measures of the dangerous chemicals entrusted, or does not properly package the dangerous chemicals in accordance with relevant state regulations and set corresponding markings on the outer packaging;
(7) The shipper did not add or inform the carrier of the need to add inhibitors or stabilizers when transporting dangerous chemicals.
Article 87: If any of the following circumstances occur, the transportation administration department shall order rectification and impose a fine of no less than 100,000 yuan but no more than 200,000 yuan; any illegal gains shall be confiscated; if the correction is refused, the production or operation shall be suspended for rectification; crimes shall be investigated according to law:
(1) Entrusting enterprises that have not obtained a permit for road transportation of dangerous goods or a permit for water transportation of dangerous goods to transport dangerous chemicals;
(2) Transporting highly toxic chemicals and other dangerous chemicals that are prohibited from being transported through inland waterways as stipulated by the state in enclosed inland waters;
(3) Transporting highly toxic chemicals and other dangerous chemicals that are prohibited from being transported through inland waterways as stipulated by the state through inland waterways;
(4) Mixing dangerous chemicals with ordinary goods in the consigned goods, or falsely reporting or concealing dangerous chemicals as ordinary goods for consignment. Sending dangerous chemicals in mail or express packages by falsely reporting them as ordinary items will be punished by public security management according to law; crimes shall be investigated according to law.
Postal and express delivery companies that receive and deliver dangerous chemicals shall be punished in accordance with the provisions of the Postal Law of the People's Republic of China.
Article 88: If any of the following circumstances occur, the public security organs shall order rectification and impose a fine of no less than 50,000 yuan but no more than 100,000 yuan; if it constitutes a violation of public security administration, administrative penalties for public security management shall be given according to law; crimes shall be investigated according to law:
(1) Loading dangerous chemicals that exceed the rated load of the transportation vehicle;
(2) Using vehicles whose safety technical conditions do not meet national standard requirements to transport dangerous chemicals;
(3) Vehicles transporting dangerous chemicals have not been approved by the public security organs to enter and pass through areas where transportation of dangerous chemicals is restricted;
(4) Transportation of highly toxic chemicals without a road transport permit for highly toxic chemicals.
Article 89: If any of the following circumstances occur, the public security organs shall order rectification and impose a fine of no less than 10,000 yuan but no more than 50,000 yuan; if it constitutes a violation of public security administration, administrative penalties for public security management shall be given according to law:
(1) The transportation vehicle for dangerous chemicals does not hang or spray warning signs, or the warning signs hung or sprayed do not meet the national standard requirements;
(2) Failing to provide escorts during the transportation of dangerous chemicals by road;
(3) In the process of transporting highly toxic chemicals or explosives, if a long stop is needed, and the driver or escort does not report to the local public security organ;
(4) If highly toxic chemicals or other dangerous chemicals are lost, stolen, robbed, scattered, leaked during road transport, the driver or chaperone does not take necessary warning and safety measures, or fails to report to the local public security organ.
Article 90: Dangerous chemical transportation enterprises that bear full or major responsibilities for traffic accidents shall be ordered by public security organs to eliminate safety hazards. Dangerous chemical transportation vehicles that fail to eliminate safety hazards are prohibited from driving on the roads.
Article 91: The competent transport authority shall order correction and impose a fine of no more than RMB 10,000 for any of the following circumstances: (1) failure by dangerous chemical road transport or water transport enterprises to appoint dedicated safety management personnel; (2) failure by management units of inland river terminals and berths used for dangerous chemical transportation to develop emergency rescue plans for dangerous chemical accidents or equip sufficient and effective emergency equipment and devices for terminals and berths.
Article 92: Punishment shall be given in accordance with the "Regulations on Inland Waterway Transport Safety Management of the People's Republic of China" for any of the following circumstances:
failure by waterway transport enterprises to develop emergency rescue plans for dangerous chemicals accidents for transport ships, or lack of sufficient and effective emergency equipment and devices for transport ships carrying dangerous chemicals on inland rivers;
owners or operators of ships transporting dangerous chemicals on inland rivers fail to obtain certificates of ship pollution liability insurance or financial guarantee proof;
ships carrying dangerous chemicals enter or leave inland river ports without prior notification to and approval from maritime administration authorities;
Ships carrying dangerous chemicals do not hang special warning signs or display special signals in accordance with regulations while navigating, loading/unloading or mooring on inland rivers, or do not apply for piloting services in accordance with regulations.
For loading and unloading and transshipment operations involving dangerous chemicals in ports without reporting to and obtaining approval from port administrative authorities, penalties shall be imposed in accordance with the provisions of the "Port Law of the People's Republic of China".
Article 93: Forging, altering, renting, lending, or transferring safety production licenses and industrial product production licenses for dangerous chemicals, or using fraudulent or altered safety production licenses and industrial product production licenses, shall be punished in accordance with the "Regulations on Safety Production Licenses" and the "Administrative Regulations for Industrial Product Production Licenses of the People's Republic of China", respectively.
A fine of more than RMB 100,000 but less than RMB 200,000 shall be imposed by the authority issuing and managing the relevant license in case forgery, alteration, rental, lending, or transfer of other licenses provided in this regulation are found. Illegal gains shall be confiscated if deemed necessary, administrative penalties for public security management will be given if any offense has been committed, or criminal responsibility shall be investigated and prosecuted according to law if it meets the standard of a crime.
Article 94: In case of accidents involving dangerous chemicals, if the main person in charge of the dangerous chemical unit fails to immediately organize a rescue or report to relevant departments, punishment shall be imposed in accordance with the "Provisions on Reporting and Investigating and Handling of Production Safety Accidents".
The dangerous chemical unit shall bear the liability for compensation if the accident causes personal injury or property damage to others, as required by law.
Article 95: In case of a hazardous chemical accident, if the local people's government and its relevant departments do not immediately organize rescue operations or fail to take necessary emergency measures to reduce accidents losses and prevent the spread and expansion of accidents, the directly responsible management personnel and other directly responsible persons shall be punished according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 96: Staff members of departments responsible for hazardous chemical safety supervision and management who abuse their power, neglect their duties, engage in private fraud, and commit crimes during their work on hazardous chemical safety supervision and management shall be investigated for criminal responsibility according to law; if the conditions for a crime are not met, they shall be punished according to law.
Chapter 8 Supplementary Provisions
Article 97: The safety management of monitored chemicals, drugs and pesticides belonging to hazardous chemicals shall be implemented in accordance with the provisions of these Regulations; if there are other provisions in laws and administrative regulations, they shall be implemented in accordance with those provisions.
The safety management of civilian explosives, fireworks, radioactive materials, nuclear materials, and hazardous chemicals used for national defense scientific research and production shall not apply to these Regulations.
If there are other provisions in laws and administrative regulations regarding gas safety management, they shall be implemented in accordance with those provisions.
If the hazardous chemical container belongs to special equipment, its safety management shall be implemented in accordance with the relevant laws and administrative regulations on special equipment safety.
Article 98: The import and export management of hazardous chemicals shall be implemented in accordance with the provisions of relevant foreign trade laws, administrative regulations, and rules; the safe storage, use, operation and transportation of imported hazardous chemicals shall be implemented in accordance with the provisions of these regulations.
Environmental management registration of hazardous chemicals and new chemical substances shall be implemented in accordance with the provisions of relevant environmental protection laws, administrative regulations, and rules. Fees shall be charged for hazardous chemicals environmental management registration in accordance with relevant state regulations.
Article 99: Unowned hazardous chemicals discovered and collected by the public shall be received by the public security organs. If hazardous chemicals that have been confiscated by the public security organs or relevant departments need to be harmlessly treated, they shall be handed over to professional units recognized by the environmental protection competent department for processing, or they shall be processed by relevant hazardous chemical production enterprises. The necessary expenses for processing shall be borne by the state finances.
Article 100: If the hazard characteristics of a chemical have not been determined yet, the State Council's departments in charge of work safety supervision and management, environmental protection, and health shall be responsible for organizing identification of its physical hazards, environmental hazards, and toxicological characteristics. According to the identification results, if adjustments to the hazardous chemical catalog are needed, they shall be processed in accordance with the provisions of Article 3, Paragraph 2 of these Regulations.
Article 101: Chemical production enterprises that had already used hazardous chemicals before the implementation of these Regulations and need to obtain a hazardous chemical safety use permit in accordance with the provisions of these Regulations should apply for such permit within the period prescribed by the State Administration of Work Safety.
Article 102: These Regulations shall enter into force on December 1, 2011.
