China Chemical Safety Association

(Promulgated by Decree No. 344 of the State Council of the People’s Republic of China on January 26, 2002; revised at the 144th Executive Meeting of the State Council on February 16, 2011; as amended by the Decision of the State Council on Amending Certain Administrative Regulations on December 7, 2013)

 

Chapter I　General Provisions

Article 1　In order to strengthen the safety management of hazardous chemicals, prevent and reduce accidents involving hazardous chemicals, protect people’s lives and property, and safeguard the environment, these Regulations are hereby formulated.

 

Article 2　These Regulations shall apply to the safety management of the production, storage, use, operation, and transportation of hazardous chemicals.

The disposal of waste hazardous chemicals shall be governed by the relevant laws, administrative regulations, and national provisions concerning environmental protection.

 

Article 3　For the purposes of these Regulations, hazardous chemicals refer to highly toxic chemicals and other chemicals that possess toxic, corrosive, explosive, flammable, or oxidizing properties and are harmful to the human body, facilities, or the environment.

The Catalogue of Hazardous Chemicals shall be determined, promulgated, and duly adjusted by the work safety supervision and administration department under the State Council, in conjunction with the departments under the State Council responsible for industry and information technology, public security, environmental protection, health, quality supervision, inspection and quarantine, transport, railways, civil aviation, and agriculture, according to the standards for the identification and classification of hazardous characteristics.

 

Article 4　The safety management of hazardous chemicals shall adhere to the policy of “safety first, prevention foremost, and comprehensive management,” and shall strengthen and implement the principal responsibility of enterprises.

The principal persons in charge of entities engaged in the production, storage, use, operation, and transportation of hazardous chemicals (hereinafter collectively referred to as "hazardous chemical entities") shall bear overall responsibility for their respective entities’ safety management of hazardous chemicals.

Hazardous chemical entities shall meet the safety conditions prescribed by laws, administrative regulations, and relevant national and industry standards, establish and improve safety management rules and operating post responsibility systems, and carry out safety, legal, and on-the-job technical training for employees. Employees shall receive education and training and may assume posts only after passing examinations; personnel assigned to positions with qualification requirements shall hold the corresponding legally obtained credentials.

 

Article 5　No entity or individual may produce, operate, or use hazardous chemicals that the State has prohibited from production, operation, or use.

Where the State imposes restrictions on the use of certain hazardous chemicals, no entity or individual may use such chemicals in violation of those restrictions.

 

Article 6　Departments responsible for the safety supervision and management of the production, storage, use, operation, and transportation of hazardous chemicals (hereinafter referred to as “departments with safety regulatory responsibilities for hazardous chemicals”) shall perform their duties according to the following provisions:

(1) Work safety supervision and administration departments shall be responsible for the overall safety supervision and management of hazardous chemicals, organize the determination, promulgation, and adjustment of the Catalogue of Hazardous Chemicals; examine safety conditions for newly built, reconstructed, or expanded projects producing or storing hazardous chemicals (including the use of long-distance pipelines for conveying hazardous chemicals, the same below); issue safety production licenses, safety use permits, and business operation licenses for hazardous chemicals; and be responsible for the registration of hazardous chemicals.

(2) Public security authorities shall be responsible for the public security management of hazardous chemicals, issue purchasing permits and road-transport passes for highly toxic chemicals, and be responsible for the road traffic safety management of vehicles transporting hazardous chemicals.

(3) Quality supervision, inspection, and quarantine departments shall issue industrial product production licenses for enterprises producing hazardous chemicals and their packaging materials or containers (excluding fixed large storage tanks for storing hazardous chemicals, the same below), supervise product quality according to law, and be responsible for the inspection of imported and exported hazardous chemicals and their packaging.

(4) Environmental protection departments shall supervise and manage the disposal of waste hazardous chemicals, organize environmental hazard identification and environmental risk assessments of hazardous chemicals, determine chemicals subject to priority environmental management, and be responsible for environmental management registration for hazardous chemicals and new chemical substances; they shall investigate environmental pollution accidents and ecological destruction incidents caused by hazardous chemicals according to their respective divisions of duties, and conduct emergency environmental monitoring at accident sites.

(5) Transport departments shall be responsible for the licensing of road and waterway transport of hazardous chemicals and the safety management of transport vehicles and vessels, supervise waterway transport safety of hazardous chemicals, and be responsible for the qualification accreditation of drivers, crew members, loading/unloading managers, escort personnel, declaration personnel, and on-site container stuffing inspectors engaged in the road or waterway transport of hazardous chemicals. Railway regulatory departments shall be responsible for the safety management of the railway transport of hazardous chemicals and related transport vehicles. Civil aviation departments shall be responsible for the safety management of the air transport of hazardous chemicals and of air transport enterprises and their transport aircraft.

(6) Health departments shall manage toxicity identification of hazardous chemicals and organize and coordinate medical and health rescue efforts for casualties in hazardous chemical accidents.

(7) Administrative departments for industry and commerce shall, on the basis of permits issued by relevant departments, issue business licenses for enterprises producing, storing, operating, and transporting hazardous chemicals, and investigate and deal with illegal procurement of hazardous chemicals by operating enterprises.

(8) Postal administration departments shall be responsible for investigating and handling the illegal posting and delivery of hazardous chemicals in accordance with the law.

 

Article 7　Departments with safety regulatory responsibilities for hazardous chemicals may take the following measures when conducting supervision and inspection according to law:

(1) Enter hazardous chemical operation sites for on-site inspection, inquire of relevant entities and personnel, and consult or reproduce relevant documents and materials;

(2) Upon discovering potential hazards of accidents involving hazardous chemicals, order immediate elimination or elimination within a time limit;

(3) Order the immediate cessation of use of facilities, equipment, devices, apparatus, or transport tools that fail to comply with laws, administrative regulations, rules, or national or industry standards;

(4) Upon approval by the principal person in charge of the department, seal up premises unlawfully engaged in the production, storage, use, or operation of hazardous chemicals and seize hazardous chemicals illegally produced, stored, used, operated, or transported, as well as raw materials, equipment, and transport tools used for such illegal activities;

(5) Upon discovering unlawful acts affecting the safety of hazardous chemicals, immediately correct them on site or order rectification within a time limit.

Departments with safety regulatory responsibilities for hazardous chemicals shall conduct supervision and inspections in accordance with the law, and the inspection personnel shall not be fewer than two, and shall produce their law enforcement credentials. Relevant entities and individuals shall cooperate and must not refuse or impede such lawful supervision and inspection.

 

Article 8　People’s governments at or above the county level shall establish coordination mechanisms for the work of hazardous chemical safety supervision and management, support and supervise the departments with safety regulatory responsibilities for hazardous chemicals in performing their duties according to law, and coordinate and resolve major issues arising in the work of hazardous chemical safety supervision and management.

Departments with safety regulatory responsibilities for hazardous chemicals shall coordinate and cooperate closely with each other, and strengthen safety supervision and management of hazardous chemicals in accordance with the law.

 

Article 9　Any entity or individual has the right to report to departments with safety regulatory responsibilities for hazardous chemicals any act in violation of these Regulations. Departments receiving such reports shall promptly handle them in accordance with the law; if the matter does not fall within their jurisdiction, they shall promptly transfer it to the competent department for handling.

 

Article 10　The State encourages hazardous chemical manufacturing enterprises and enterprises using hazardous chemicals in their production to adopt advanced technologies, processes, equipment, and automatic control systems that enhance safety protection levels, and encourages specialized storage, unified distribution, and centralized marketing of hazardous chemicals.

 

Chapter II　Safety in Production and Storage

Article 11　The State shall exercise unified planning and rational distribution for the production and storage of hazardous chemicals.

The department under the State Council in charge of industry and information technology and other relevant State Council departments shall be responsible for industrial planning and layout of hazardous chemical production and storage within their respective responsibilities.

When organizing urban and rural planning, local people’s governments shall, in light of their actual local conditions and on the principle of ensuring safety, designate appropriate areas specifically for the production and storage of hazardous chemicals.

 

Article 12　For newly built, reconstructed, or expanded construction projects involving the production or storage of hazardous chemicals (hereinafter referred to as “construction projects”), work safety supervision and administration departments shall conduct safety condition reviews.

The construction unit shall demonstrate the safety conditions of its project, commission an institution with state-prescribed qualifications to carry out a safety assessment, and submit the safety condition demonstration and assessment report to the work safety supervision and administration department of the people’s government at or above the municipal level where the project is located. The work safety supervision and administration department shall make a review decision and notify the construction unit in writing within 45 days of receiving the report. The specific measures shall be formulated by the work safety supervision and administration department under the State Council.

For port construction projects involving the storage or loading and unloading of hazardous chemicals that are newly built, reconstructed, or expanded, the port administrative authority shall conduct safety condition review in accordance with the provisions of the transport department under the State Council.

 

Article 13　Entities engaged in the production or storage of hazardous chemicals shall set up clear markings on the pipelines used for hazardous chemicals and conduct regular inspection and testing of such pipelines.

Where construction operations that may endanger the safety of hazardous chemical pipelines are to be carried out, the construction unit shall provide written notice to the pipeline-owning entity seven days before commencement and, jointly with that entity, formulate an emergency response plan and adopt corresponding safety protection measures. The pipeline-owning entity shall assign dedicated personnel to the site to provide guidance on pipeline safety protection.

 

Article 14　Before commencing production, hazardous chemical manufacturing enterprises shall obtain a hazardous chemical safety production license in accordance with the Regulations on Work Safety Licensing.

Enterprises producing hazardous chemicals listed in the catalogue of industrial products subject to the national licensing system shall obtain industrial product production licenses in accordance with the Regulations of the People’s Republic of China on the Administration of Production License for Industrial Products.

Departments responsible for issuing hazardous chemical safety production license and industrial product production licenses shall promptly inform the departments in charge of industry and information technology, environmental protection, and public security at the same administrative level of the licenses they have issued.

 

Article 15　Hazardous chemical manufacturing enterprises shall provide Safety Data Sheets (SDS) corresponding to the hazardous chemicals they produce and affix or attach chemical safety labels, consistent with the hazardous chemicals contained in the packaging (including outer packaging). The content of the Safety Data Sheets and chemical safety labels shall comply with national standards.

Where a hazardous chemical manufacturing enterprise discovers new hazardous characteristics in its product, it shall immediately make a public announcement and promptly revise the Safety Data Sheet and the chemical safety label accordingly.

 

Article 16　Enterprises engaged in the production of hazardous chemicals subject to priority environmental management shall report to the environmental protection department information on the release of such hazardous chemicals into the environment and other related information in accordance with the regulations of the environmental protection department under the State Council. The environmental protection department may adopt corresponding environmental risk control measures as necessary.

 

Article 17　The packaging of hazardous chemicals shall comply with the provisions of laws, administrative regulations, and rules, as well as with relevant national and industry standards.

The material of the packaging and containers of hazardous chemicals, and the type, specifications, method, and single-unit mass (weight) of such packaging, shall be appropriate to the nature and use of the hazardous chemicals contained.

 

Article 18　Enterprises producing packaging materials or containers for hazardous chemicals listed in the catalogue of industrial products subject to the national licensing system shall obtain industrial product production licenses in accordance with the Regulations of the People’s Republic of China on the Administration of Production License for Industrial Products. Their packaging materials or containers for hazardous chemicals shall pass inspection conducted by inspection institutions designated by the quality supervision, inspection, and quarantine department under the State Council before being released from the factory for sale.

Vessels used for transporting hazardous chemicals and their related loading containers shall be manufactured in accordance with national ship inspection specifications and shall be put into use only after passing inspection by ship inspection agencies accredited by maritime administrative authorities.

Reusable packaging materials and containers for hazardous chemicals shall be inspected by the user before reuse; if any safety hazard is found, they shall be repaired or replaced. The user shall record the inspection results, and the record shall be kept for not less than two years.

 

Article 19　Production facilities for hazardous chemicals or storage facilities whose quantities of hazardous chemicals constitute major hazard installations (excluding petrol or gas filling stations for transport vehicles) shall maintain distances from the following places, facilities, and areas in accordance with relevant national regulations:

(1) Residential areas and densely populated places such as commercial centers and parks;

(2) Public facilities such as schools, hospitals, cinemas, and sports stadiums (arenas);

(3) Drinking water sources, waterworks, and water source protection zones;

(4) Stations, wharves (except those lawfully permitted to load and unload hazardous chemicals), airports, communication trunks and hubs, railway lines, major roadways, major waterways, subway ventilation shafts, and subway station entrances and exits;

(5) Basic farmland protection zones, basic grasslands, livestock and poultry genetic resource protection areas, large-scale livestock and poultry farms (breeding zones), fishery waters, and breeding bases for seeds, breeding stocks, and aquatic fry;

(6) Rivers, lakes, scenic or historic sites, and nature reserves;

(7) Military forbidden zones and military administrative zones;

(8) Other places, facilities, or areas prescribed by laws and administrative regulations.

If existing hazardous chemical production facilities or storage facilities constituting major hazard installations fail to comply with the preceding paragraph, the work safety supervision and administration department of the municipal people’s government with districts in its locality shall supervise the enterprise to make rectifications within a prescribed time limit together with the relevant departments. If conversion, suspension, relocation, or closure is required, it shall be decided upon and organized by the people’s government at the same level.

The site selection for hazardous chemical storage facilities that constitute major hazard installations shall avoid active seismic fault zones and areas prone to flooding or geological disasters.

The term “major hazard installation” as used in these Regulations refers to a unit (including locations and facilities) that produces, stores, uses, or handles hazardous chemicals, in which the quantity of hazardous chemicals equals or exceeds the critical amount.

 

Article 20　Entities engaged in the production or storage of hazardous chemicals shall, according to the types and hazardous characteristics of the hazardous chemicals they handle, equip their workplaces with corresponding safety facilities and equipment for monitoring, control, ventilation, sun protection, temperature regulation, fire prevention, firefighting, explosion protection, pressure relief, toxicity prevention, neutralization, moisture prevention, lightning protection, static discharge prevention, corrosion prevention, leakage prevention, containment dikes, or operation isolation, and shall perform regular maintenance and servicing of these safety facilities and equipment in accordance with national or industry standards or relevant state provisions to ensure their normal operation.

Entities producing or storing hazardous chemicals shall post prominent safety warning signs in their workplaces and on safety facilities and equipment.

 

Article 21　Entities engaged in the production or storage of hazardous chemicals shall install communication and alarm devices at their workplaces and ensure that such devices remain in proper working condition.

 

Article 22　Enterprises producing or storing hazardous chemicals shall entrust qualified institutions accredited by the State to conduct a safety evaluation of their production safety conditions every three years and to issue a safety evaluation report. The safety evaluation report shall include plans for rectifying problems found in production safety conditions.

Enterprises producing or storing hazardous chemicals shall submit the safety evaluation report and the implementation status of the rectification plan to the work safety supervision and administration department of the county-level people’s government where they are located for record filing. Enterprises storing hazardous chemicals within port areas shall file the safety evaluation report and the implementation status of rectification plans with the port administrative authority.

 

Article 23　Entities producing or storing highly toxic chemicals or hazardous chemicals that can be used in making explosives as specified by the Ministry of Public Security under the State Council (hereinafter referred to as “explosive precursor chemicals”) shall accurately record the quantities and distribution of the highly toxic chemicals and explosive precursor chemicals they produce or store, and take necessary safety precautions to prevent loss or theft. In the event of loss or theft, they shall immediately report to the local public security authority.

Entities producing or storing highly toxic chemicals or explosive precursor chemicals shall establish security organizations and assign full-time security personnel.

 

Article 24　Hazardous chemicals shall be stored in dedicated warehouses, dedicated sites, or dedicated storage rooms (hereinafter collectively referred to as “dedicated warehouses”), managed by designated personnel. Highly toxic chemicals and other hazardous chemicals whose storage quantities constitute major hazard installations shall be stored separately in dedicated warehouses and subject to a dual-person receiving, dispensing, and custody system.

The methods, procedures, and quantities for storing hazardous chemicals shall comply with national standards or relevant state provisions.

 

Article 25　Entities storing hazardous chemicals shall establish verification and registration systems for warehouse entry and exit of hazardous chemicals.

For highly toxic chemicals and other hazardous chemicals whose storage quantities constitute major hazard installations, the storage entity shall report the storage quantities, storage locations, and information on management personnel to the work safety supervision and administration department of the county-level people’s government where it is located (to the port administrative authority if within a port area) and to the public security authority for record filing.

 

Article 26　Dedicated warehouses for hazardous chemicals shall meet national and industry standards and shall be equipped with clear and prominent signage. Dedicated warehouses for highly toxic chemicals or explosive precursor chemicals shall be equipped with appropriate technical protection facilities in accordance with relevant state provisions.

Entities storing hazardous chemicals shall regularly inspect and test the safety facilities and equipment of their dedicated warehouses.

 

Article 27　Where an entity producing or storing hazardous chemicals changes its line of production, suspends operations, ceases business, or is dissolved, it shall take effective measures to promptly and properly dispose of its production installations, storage facilities, and stock of hazardous chemicals. Hazardous chemicals shall not be discarded. The disposal plan shall be submitted for record to the work safety supervision and administration department, the department in charge of industry and information technology, the environmental protection department, and the public security authority of the county-level people’s government where the entity is located. The work safety supervision and administration department shall supervise and inspect the disposal process together with the environmental protection department and the public security authority. Where disposal is not performed in accordance with the prescribed requirements, the entity shall be ordered to immediately conduct proper disposal.

 

Chapter III　Use Safety

Article 28　Entities that use hazardous chemicals shall ensure that their conditions of use (including production processes) comply with the provisions of laws, administrative regulations, national standards, and industry standards. They shall establish and improve safety management rules and systems, as well as safe operating procedures based on the types, hazardous characteristics, quantities, and usage methods of the hazardous chemicals they use, to ensure the safe use of hazardous chemicals.

 

Article 29　Chemical enterprises that use hazardous chemicals for production and whose usage amount reaches the specified quantity (excluding hazardous chemical manufacturers, same hereinafter) shall obtain a hazardous chemicals safety use permit in accordance with these Regulations.

The specific quantitative standards for the usage amount of hazardous chemicals referred to in the preceding paragraph shall be determined and published jointly by the work safety supervision and administration department under the State Council in conjunction with the public security department and the agriculture administrative department under the State Council.

 

Article 30　A chemical enterprise applying for a hazardous chemicals safety use permit shall also meet the following conditions in addition to complying with Article 28 of these Regulations:

(1) Possess professional and technical personnel matching the hazardous chemicals it uses;

(2) Have a safety management structure and full-time safety management personnel;

(3) Have an emergency response plan for hazardous chemical accidents in accordance with state regulations, as well as necessary emergency rescue materials and equipment;

(4) Have conducted a safety assessment as required by law.

 

Article 31　A chemical enterprise applying for a hazardous chemicals safety use permit shall submit its application to the work safety supervision and administration department of the municipal people’s government with districts in its locality, along with documentation proving compliance with the conditions stipulated in Article 30 of these Regulations. The municipal work safety supervision and administration department shall conduct an examination in accordance with the law and make a decision to approve or disapprove the application within 45 days from the date of receiving the documentation. If approved, a hazardous chemicals safety use permit shall be issued; if not approved, the applicant shall be notified in writing with reasons provided.

The work safety supervision and administration department shall promptly inform the environmental protection department and the public security authority at the same level of the issuance of the hazardous chemicals safety use permit.

 

Article 32　The provisions of Article 16 of these Regulations concerning enterprises that produce hazardous chemicals subject to priority environmental management shall also apply to enterprises that use such hazardous chemicals in their production activities. The provisions of Articles 20, 21, the first paragraph of Article 23, and Article 27 concerning entities engaged in the production and storage of hazardous chemicals shall also apply to entities that use hazardous chemicals. The provisions of Article 22 concerning enterprises engaged in the production or storage of hazardous chemicals shall also apply to enterprises that use hazardous chemicals in their production activities.

 

Chapter IV　Operation Safety

Article 33　The State shall implement a licensing system for the operation (including warehousing operations, the same hereinafter) of hazardous chemicals. No entity or individual may engage in the operation of hazardous chemicals without a license.

A legally established hazardous chemical manufacturing enterprise selling the hazardous chemicals it produces within its own plant area does not need to obtain a hazardous chemicals business license.

A port operator that has obtained a port operation license in accordance with the Port Law of the People’s Republic of China does not need to obtain a hazardous chemicals business license for conducting hazardous chemical warehousing operations within the port area.

 

Article 34　An enterprise engaged in the operation of hazardous chemicals shall meet the following conditions:

(1) Have business premises that meet national and industry standards, and if storing hazardous chemicals, possess storage facilities that meet national and industry standards;

(2) Have personnel who have received professional technical training and passed the relevant assessments;

(3) Have a sound set of safety management rules and regulations;

(4) Have full-time safety management personnel;

(5) Have an emergency response plan for hazardous chemical accidents in accordance with state regulations, as well as necessary emergency rescue materials and equipment;

(6) Meet other conditions stipulated by laws and regulations.

 

Article 35　Enterprises intending to engage in the operation of highly toxic chemicals or explosive precursor chemicals shall apply to the work safety supervision and administration department of the municipal people’s government with districts in its locality. Enterprises intending to engage in the operation of other hazardous chemicals shall apply to the work safety supervision and administration department of the county-level people’s government where they are located (those with storage facilities shall apply to the work safety supervision and administration department of the municipal people’s government with districts in its locality). Applicants shall submit documentation proving compliance with the conditions specified in Article 34 of these Regulations. The work safety supervision and administration department of the municipal people’s government with districts in its locality or county-level people’s government shall examine the application in accordance with the law, conduct on-site inspections of the business premises and storage facilities, and make a decision to approve or disapprove the application within 30 days from receiving the documentation. If approved, a hazardous chemicals business license shall be issued; if not approved, the applicant shall be notified in writing with reasons provided.

The relevant work safety supervision and administration departments of the municipal or county-level people’s government shall promptly inform the environmental protection department and the public security authority at the same level of the issuance of the hazardous chemicals business license.

Applicants shall engage in hazardous chemical business activities only after presenting the hazardous chemicals business license to the administrative department for industry and commerce for registration. Where laws, administrative regulations, or the State Council stipulate that engaging in hazardous chemical operations requires other departmental approvals, the applicant shall also present the corresponding permits when handling registration with the administrative department for industry and commerce.

 

Article 36　Hazardous chemicals operation enterprises that store hazardous chemicals shall comply with the provisions of Chapter II of these Regulations concerning the storage of hazardous chemicals. Only civilian small-packaged hazardous chemicals may be kept in hazardous chemical retail stores.

 

Article 37　Hazardous chemicals operation enterprises shall not purchase hazardous chemicals from enterprises engaged in the production or operation of hazardous chemicals without proper licenses nor operate hazardous chemicals lacking chemical safety data sheets or chemical safety labels.

 

Article 38　Enterprises that have lawfully obtained the hazardous chemicals safety production license, safety use permit, or business license may purchase highly toxic or explosive precursor chemicals upon presentation of the corresponding license. Manufacturers of civil explosives may purchase explosive precursor chemicals upon presentation of the civil explosives production license.

Entities other than those specified in the preceding paragraph that intend to purchase highly toxic chemicals shall obtain a highly toxic chemicals purchase permit from the public security authority of the local county-level people’s government; entities purchasing explosive precursor chemicals shall present a statement issued by the entities themselves specifying the legitimate purpose of use.

Individuals are prohibited from purchasing highly toxic chemicals (except pesticides classified as highly toxic chemicals) and explosive precursor chemicals.

 

Article 39　Applicants for a highly toxic chemicals purchase permit shall submit the following materials to the public security authority of the county-level people’s government where they are located:

(1) A photocopy of the business license or the legal person (registration) certificate;

(2) A statement specifying the type and quantity of the highly toxic chemicals to be purchased;

(3) A statement of the purpose for purchasing the highly toxic chemicals;

(4) Identification proof of the handler.

The public security authority shall make a decision to approve or disapprove the application within 3 days from receiving the above materials. If approved, a highly toxic chemicals purchase permit shall be issued; if not approved, the applicant shall be notified in writing with reasons provided.

The administrative measures for the highly toxic chemicals purchase permit shall be formulated by the public security department of the State Council.

 

Article 40　Hazardous chemicals manufacturing and operating enterprises selling highly toxic or explosive precursor chemicals shall verify the relevant licenses or certification documents stipulated in Paragraphs 1 and 2 of Article 38 of these Regulations and shall not sell such chemicals to entities lacking the required licenses or documentation. Where highly toxic chemicals are sold to purchasers holding a highly toxic chemicals purchase permit, sales shall strictly correspond to the varieties and quantities listed in the permit.

It is prohibited to sell highly toxic chemicals (except pesticides classified as highly toxic chemicals) and explosive precursor chemicals to individuals.

 

Article 41　Hazardous chemical manufacturing and operating enterprises selling highly toxic or explosive precursor chemicals shall accurately record the purchaser’s name, address, the handler’s name and identification number, and details of the types, quantities, and intended uses of the chemicals purchased. Sales records, copies of the handler’s identification, and copies of relevant licenses or certifications shall be retained for no less than one year.

Enterprises selling and entities purchasing highly toxic or explosive precursor chemicals shall file with the local county-level public security authority information on the types, quantities, and destinations of the chemicals sold or purchased within five days after sale or purchase and enter the data into the computerized system.

 

Article 42　Entities that use highly toxic chemicals or explosive precursor chemicals shall not lend or transfer the highly toxic chemicals or explosive precursor chemicals they have purchased. Where transfer is indeed required due to a change in the line of production, suspension of production, relocation, closure, or similar circumstances, such chemicals shall be transferred to entities holding the relevant licenses or certification documents as specified in Paragraphs 1 and 2 of Article 38 of these Regulations. The transferring entity shall promptly report the relevant circumstances to the public security authority of the local county-level people’s government after the transfer.

 

Chapter V　Transportation Safety

Article 43　Entities engaged in the road or waterway transportation of hazardous chemicals shall, in accordance with the relevant laws and administrative regulations governing road and waterway transportation, respectively obtain a dangerous goods road transport permit or dangerous goods waterway transport permit, and complete registration with the administrative department for industry and commerce.

Enterprises engaged in the road or waterway transportation of hazardous chemicals shall be equipped with full-time safety management personnel.

 

Article 44　Drivers, crew members, loading and unloading managers, escort personnel, declaration personnel, and on-site container stuffing inspectors of hazardous chemical road or waterway transport enterprises shall pass examinations conducted by the transport departments and obtain professional qualification certificates. The specific measures shall be formulated by the transport department under the State Council.

Loading and unloading operations involving hazardous chemicals must comply with operational safety standards, procedures, and rules, and shall be conducted under the on-site supervision or monitoring of loading and unloading manager. Container stuffing operations for waterway transportation of hazardous chemicals shall be carried out under the supervision or monitoring of on-site container stuffing inspectors, and must comply with stowage and segregation standards and requirements; upon completion, the inspector shall sign a container stuffing certification.

 

Article 45　When transporting hazardous chemicals, appropriate safety protection measures shall be taken according to their hazardous characteristics, and necessary protective equipment and emergency rescue materials shall be provided.

Tank trucks and other containers used for transporting hazardous chemicals shall be tightly sealed to prevent leakage or spills due to changes in temperature, humidity, or pressure during transportation. Overflow and pressure relief devices on tanks and other containers shall be accurately set and operate flexibly.

Drivers, crew members, loading and unloading managers, escort personnel, declaration personnel, and on-site container stuffing inspectors involved in the transport of hazardous chemicals shall be familiar with the hazardous characteristics of the chemicals transported, the requirements for their packaging and container use, and the emergency response measures to be taken in the event of an accident.

 

Article 46　For the road transportation of hazardous chemicals, consignors shall entrust enterprises that have legally obtained a dangerous goods road transport permit to carry out the transportation.

 

Article 47　During the road transportation of hazardous chemicals, they shall be loaded according to the approved carrying capacity of the transport vehicle; overloading is strictly prohibited.

Vehicles used for transporting hazardous chemicals shall meet the safety technical standards required by the state and undergo regular safety inspections in accordance with relevant national regulations.

Hazardous chemical transport vehicles shall display or bear warning signs that meet the requirements of national standards.

 

Article 48　Road transportation of hazardous chemicals shall be accompanied by escorts, and the hazardous chemicals being transported must remain under escort supervision.

When drivers or escorts have to park for an extended period due to lodging or unexpected situations affecting normal transportation, they shall take appropriate safety precautions; when transporting highly toxic chemicals or explosive precursor chemicals, they shall also report to the local public security authority.

 

Article 49　Without the approval of the public security authorities, vehicles transporting hazardous chemicals shall not enter areas subject to traffic restrictions for hazardous chemical transport vehicles. The restricted areas for hazardous chemical transport vehicles shall be designated by the county-level public security authority and clearly marked with signs.

 

Article 50　For road transportation of highly toxic chemicals, consignors shall apply to the public security authority of the county-level people’s government at the place of departure or destination for a road transport permit for highly toxic chemicals.

When applying for such a permit, consignors shall submit the following materials to the county-level public security authority:

(1) A statement listing the types and quantities of highly toxic chemicals to be transported;

(2) A statement specifying the place of departure, destination, time, and route of transport;

(3) Documentation proving that the carrier has obtained a dangerous goods road transport permit, that the transport vehicle has obtained an operating permit, and that the driver and escort possess the required qualifications;

(4) The relevant permit for the purchase of highly toxic chemicals as specified in Paragraphs 1 and 2 of Article 38 of these Regulations, or import/export certification issued by customs.

The public security authority of the county-level people's government shall make a decision to approve or disapprove the application within seven days from the date of receiving the above materials. If approved, a road transport permit for highly toxic chemicals shall be issued; if not approved, the applicant shall be notified in writing with reasons provided.

The administrative measures for the road transport permit for highly toxic chemicals shall be formulated by the public security department of the State Council.

 

Article 51　If highly toxic chemicals or explosive precursor chemicals are lost, stolen, robbed, dispersed, or leaked during road transportation, the driver or escort shall immediately take appropriate warning and safety measures and report the incident to the local public security authority. Upon receiving the report, the public security authority shall immediately notify, as appropriate, the departments responsible for work safety supervision and administration, environmental protection, and health. The relevant departments shall adopt necessary emergency response measures.

 

Article 52　The waterway transportation of hazardous chemicals shall comply with the relevant laws, administrative regulations, and provisions on the safety of dangerous goods water transport formulated by the transport department of the State Council.

 

Article 53　Maritime administrative authorities shall determine the corresponding safety conditions for the transportation of hazardous chemicals by vessels based on the types and hazardous characteristics of the chemicals.

If the relevant safety transport conditions of chemicals intended for shipment by vessel are unclear, the cargo owner or agent shall commission a qualified technical institution to conduct an assessment to clarify such conditions and obtain confirmation from the maritime administrative authority before shipment.

 

Article 54　It is prohibited to transport highly toxic chemicals and other hazardous chemicals for which inland waterway transport is prohibited by the State, through enclosed inland water areas.

In inland waterways other than those specified in the preceding paragraph, it is prohibited to transport highly toxic chemicals and other hazardous chemicals that are prohibited by the State from inland waterway transport.

The scope of highly toxic chemicals and other hazardous chemicals prohibited from inland waterway transport shall be determined and announced by the transport department under the State Council, jointly with the departments of environmental protection, industry and information technology, and work safety under the State Council, based on factors such as the hazardous characteristics of the chemicals, their harm to human health and the aquatic environment, and the difficulty of eliminating the consequences of such harm.

 

Article 55　The transport department under the State Council shall, according to the hazardous characteristics of hazardous chemicals, implement classified management for the inland waterway transport of hazardous chemicals other than those stipulated in Article 54 of these Regulations (hereinafter referred to as “hazardous chemicals transported by inland waterways”), and shall specify and supervise the implementation of respective transport modes, packaging standards, and safety protection measures.

 

Article 56　Hazardous chemicals transported by inland waterways shall be carried by waterway transport enterprises that have obtained permits for the waterway transport of dangerous goods in accordance with the law. No other entities or individuals may undertake such transport. The consignor shall entrust a waterway transport enterprise with a permit for the waterway transport of dangerous goods to carry the cargo, and shall not entrust other entities or individuals.

 

Article 57　Hazardous chemicals transported by inland waterways shall be carried by vessels that have obtained a certificate of fitness for carriage of dangerous goods in accordance with the law. Waterway transport enterprises shall, in accordance with the hazardous characteristics of the hazardous chemicals they transport, formulate emergency response plans for hazardous chemical accidents on their transport vessels and equip those vessels with adequate and effective emergency rescue equipment and facilities.

Owners or operators of vessels engaged in the inland waterway transportation of hazardous chemicals shall obtain a certificate of liability insurance for vessel pollution damage or a financial security certificate. A copy of the certificate of liability insurance for vessel pollution damage or of the financial security certificate shall be kept on board.

 

Article 58　For hazardous chemicals transported by inland waterways, the materials, types, strength, and methods of packaging shall conform to the packaging standards for the waterway transport of dangerous goods. Where the transport department under the State Council imposes restrictive provisions on the quantity of hazardous chemicals transported by a single vessel, the carrier shall arrange the transport quantity in accordance with such provisions.

 

Article 59　Inland terminals and berths used for handling hazardous chemicals shall comply with national safety standards and be located at a distance from drinking water intakes as prescribed by the State. The responsible management entities shall formulate emergency response plans for accidents involving hazardous chemicals at terminals and berths, and equip them with adequate and effective emergency response materials and equipment.

Inland water terminals and berths used for the handling of hazardous chemicals may be put into use only after being inspected and approved by the competent transport department in accordance with the relevant national regulations.

 

Article 60　When vessels carrying hazardous chemicals enter or leave inland ports, they shall report to the maritime administrative authority the names, hazardous characteristics, packaging, and entry or departure times of such hazardous chemicals in advance. Upon receiving the report, the maritime administrative authority shall, within the time limit prescribed by the transport department under the State Council, decide whether to grant approval, notify the reporter, and simultaneously inform the port administrative authority. Vessels operating on fixed routes with fixed cargo types may report on a regular basis.

For loading, unloading, or transshipment operations of hazardous chemicals within an inland port, the names, hazardous characteristics, packaging, and the time and place of operations shall be reported to the port administrative authority. Upon receiving such reports, the port administrative authority shall, within the time limit prescribed by the transport department under the State Council, decide whether to approve, notify the reporter, and simultaneously inform the maritime administrative authority.

Vessels carrying hazardous chemicals that navigate inland waterways and pass through ship‑passing structures shall file a declaration with the competent transport department in advance and be subject to its administration.

 

Article 61　Vessels carrying hazardous chemicals navigating, loading, unloading, or berthing on inland waterways shall display special warning signs and show special signals as required.

Vessels carrying hazardous chemicals navigating inland waterways shall apply for pilotage if pilotage is required under the provisions of the transport department under the State Council.

 

Article 62　Vessels carrying hazardous chemicals navigating inland waterways shall comply with laws, administrative regulations, and other national provisions on the protection of drinking water sources. Inland waterway development plans shall be coordinated with the approved schemes for delineating drinking water source protection zones.

 

Article 63　When consigning hazardous chemicals, the consignor shall inform the carrier of the types, quantities, hazardous characteristics, and emergency handling measures in case of danger, and shall properly package the hazardous chemicals in accordance with relevant state regulations, affixing appropriate marks on the outer packaging.

Where inhibitors or stabilizers need to be added for the transport of hazardous chemicals, the consignor shall add them and inform the carrier accordingly.

 

Article 64　The consignor shall not conceal hazardous chemicals within ordinary goods or falsely declare hazardous chemicals as general cargo.

No entity or individual may post or include hazardous chemicals in mail or express parcels, nor falsely declare hazardous chemicals as ordinary items. Postal and express delivery enterprises shall not accept hazardous chemicals for consignment.

If there is suspicion of a violation of the provisions in the first or second paragraphs of this article, the competent transport department or postal administration department may lawfully open and inspect the parcels.

 

Article 65　The safety management of hazardous chemicals transported by railway or by air shall be implemented in accordance with the relevant laws, administrative regulations, and rules governing railway and air transport.

 

Chapter VI　Registration and Emergency Response of Hazardous Chemicals

Article 66　The State shall implement a registration system for hazardous chemicals in order to provide technical and information support for the safe management, accident prevention, and emergency response related to hazardous chemicals.

 

Article 67　Enterprises engaged in the production or import of hazardous chemicals shall register their hazardous chemicals with the agency responsible for hazardous chemical registration under the work safety supervision and administration department under the State Council (hereinafter referred to as the "registration agency").

The registration of hazardous chemicals shall include the following contents:

(1) Classification and labeling information;

(2) Physical and chemical properties;

(3) Main uses;

(4) Hazardous characteristics;

(5) Safety requirements for storage, use, and transport;

(6) Emergency handling measures in the event of danger.

Duplicate registration shall not be required for the same type of hazardous chemical produced or imported by the same enterprise. Where a production or import enterprise discovers new hazardous characteristics in its hazardous chemicals, it shall promptly update its registration information with the registration agency.

Detailed measures for the registration of hazardous chemicals shall be formulated by the work safety supervision and administration department under the State Council.

 

Article 68　The Registration Agency shall regularly provide relevant information and materials concerning the registration of hazardous chemicals to the departments responsible for industry and information technology, environmental protection, public security, health, transport, railways, and quality supervision, inspection, and quarantine.

 

Article 69　The work safety supervision and administration departments of local people’s governments at or above the county level shall formulate emergency response plans for hazardous chemical accidents based on local conditions jointly with the departments of industry and information technology, environmental protection, public security, health, transport, railways, and quality supervision, inspection, and quarantine, and submit them to the people’s government at the same level for approval.

 

Article 70　Entities handling hazardous chemicals shall prepare emergency response plans for hazardous chemical accidents within their own organization, equip themselves with emergency response personnel and necessary rescue materials and equipment, and conduct regular emergency drills.

Such entities shall submit their emergency response plans for hazardous chemical accidents to the work safety supervision and administration department of the municipal people’s government with districts in its locality for record.

 

Article 71　In the event of a hazardous chemical accident, the principal person in charge of the accident entity shall immediately organize rescue in accordance with the entity’s emergency response plan for hazardous chemicals and report the incident to the local departments of work safety supervision and administration, environmental protection, public security, and health. If a hazardous chemical accident occurs during road or waterway transport, the driver, crew, or escort shall also report it to the competent transport department at the place of the accident.

 

Article 72　In the event of an accident involving hazardous chemicals, the relevant local people’s government shall immediately organize departments in charge of work safety supervision and administration, environmental protection, public security, health, and transport, to carry out rescue operations in accordance with the local emergency response plan for hazardous chemical accidents, and shall not delay or shirk responsibility.

The relevant local people’s governments and their departments shall take necessary emergency measures to minimize losses and prevent the spread or escalation of the accident in accordance with the following provisions:

(1) Immediately organize the rescue and medical treatment of victims, and evacuate or take other measures to protect other persons in the affected area;

(2) Rapidly bring the hazardous source under control, and determine the properties of the hazardous chemicals, the range of the hazardous area, and the degree of harm;

(3) In response to actual and potential harm caused to humans, animals and plants, soil, water sources, and the atmosphere, promptly take containment, isolation, decontamination, and other measures;

(4) Monitor and assess environmental pollution and ecological damage caused by the hazardous chemical accident, and take appropriate pollution control and ecological restoration measures.

 

Article 73　Relevant hazardous chemical entities shall provide technical guidance and necessary assistance for emergency rescue operations in the event of hazardous chemical accidents.

 

Article 74　In the event of environmental pollution caused by a hazardous chemical accident, the information shall be uniformly released by the environmental protection department of the municipal people’s government with districts or of a higher level.

 

Chapter VII　Legal Liability

Article 75　Any entity that produces, operates, or uses hazardous chemicals that the State prohibits from production, operation, or use shall be ordered by the work safety supervision and administration department to cease such activities, and be fined between RMB 200,000 and RMB 500,000; any illegal income shall be confiscated. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

For conduct mentioned in the preceding paragraph, the work safety supervision and administration department shall additionally order the entity to carry out harmless disposal of the produced, operated, or used hazardous chemicals.

Where hazardous chemicals are used in violation of State-imposed restrictions, penalties shall be imposed in accordance with the first paragraph of this article.

 

Article 76　Any new construction, reconstruction, or expansion project involving the production or storage of hazardous chemicals that has not undergone a safety conditions review shall be ordered by the work safety supervision and administration department to cease construction and make corrections within a prescribed time limit; if not corrected within the time limit, a fine of between RMB 500,000 and RMB 1,000,000 shall be imposed; if a crime is constituted, criminal responsibility shall be pursued according to law.

Any new, reconstructed, or expanded port construction project involving the storage or handling of hazardous chemicals that has not undergone a safety conditions review shall be penalized by the port administrative authority in accordance with the provisions of the preceding paragraph.

 

Article 77　Any entity engaged in the production of hazardous chemicals without a hazardous chemicals safety production license, or the production of hazardous chemicals, or their packaging and containers without an industrial product production license, shall be punished in accordance with the relevant provisions of the Regulations on Work Safety Licensing and the Regulations of the People’s Republic of China on the Administration of Production License for Industrial Products.

Any chemical enterprise that uses hazardous chemicals for production without obtaining a hazardous chemicals safety use permit shall be ordered by the work safety supervision and administration department to correct within a prescribed time limit and fined between RMB 100,000 and RMB 200,000; if not corrected within the time limit, production shall be suspended for rectification.

Any entity operating hazardous chemicals without obtaining a hazardous chemicals business license shall be ordered by the work safety supervision and administration department to cease business activities, and its illegally operated hazardous chemicals and illegal income shall be confiscated, and it shall be fined between RMB 100,000 and RMB 200,000; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

 

Article 78　Any of the following acts shall result in an order for correction by the work safety supervision and administration department, and a fine of not more than RMB 50,000 may be imposed; if the correction is refused, a fine of between RMB 50,000 and RMB 100,000 shall be imposed; where circumstances are serious, production or business operations shall be suspended for rectification:

(1) An entity engaged in hazardous chemical production or storage fails to provide proper identification of hazardous chemical pipelines, or fails to regularly inspect or test such pipelines;

(2) A construction unit engaging in operations that may endanger the safety of hazardous chemical pipelines fails to notify in writing the pipeline-owning entity as required, or fails to jointly formulate emergency plans and take appropriate safety protection measures with the pipeline-owning entity, or the pipeline-owning entity fails to assign dedicated personnel to the construction site for safety guidance;

(3) A hazardous chemical production enterprise fails to provide chemical safety data sheets or fails to attach or affix chemical safety labels on packaging (including outer packaging);

(4) Chemical safety data sheets provided by a hazardous chemical production enterprise do not match the chemicals produced, or the safety labels attached or affixed on the packaging do not correspond to the packaging contents, or the contents of the safety data sheets or labels do not meet national standards;

(5) A hazardous chemical production enterprise discovers new hazardous characteristics of its products but fails to announce this immediately or to promptly revise the safety data sheets and labels;

(6) A hazardous chemical operation enterprise deals in hazardous chemicals that are not accompanied by safety data sheets and safety labels;

(7) The materials, form, specifications, methods, or unit weight of packaging or containers for hazardous chemicals are unsuitable for the nature and use of the hazardous chemicals;

(8) An entity producing or storing hazardous chemicals fails to display conspicuous safety warning signs at workplaces, safety facilities, or equipment, or fails to equip workplaces with communication and alarm systems;

(9) A dedicated warehouse for hazardous chemicals is not under the charge of assigned personnel, or highly toxic chemicals and other hazardous chemicals constituting a major hazard installation are not managed and handled under a dual-person receiving, dispensing, and custody system;

(10) An entity storing hazardous chemicals fails to establish an inbound and outbound verification and registration system;

(11) A dedicated warehouse for hazardous chemicals lacks clear identification signage;

(12) A hazardous chemical production or import enterprise fails to register hazardous chemicals, or, upon discovering new hazardous characteristics, fails to update its registered information.

Where a port operator engaged in hazardous chemicals warehousing violates any of the foregoing provisions, penalties shall be imposed by the port administrative authority accordingly. Where a dedicated warehouse for highly toxic or explosive precursor chemicals fails to be equipped with technical protection facilities as required by national regulations, penalties shall be imposed by the public security authority accordingly.

Where an entity producing or storing highly toxic or explosive precursor chemicals fails to establish a security protection body or to assign professional security personnel, penalties shall be imposed pursuant to the Regulations on the Internal Security of Enterprises and Institutions.

 

Article 79　A manufacturer of hazardous chemical packaging materials or containers that sells uninspected or unqualified packaging or containers shall be ordered by the quality supervision, inspection, and quarantine authority to correct, fined between RMB 100,000 and RMB 200,000, and its illegal income shall be confiscated; refusal to correct shall result in suspension of production or business operations; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Any vessel or shipping container for transporting hazardous chemicals that is put into operation without inspection or after failing inspection shall be penalized by the maritime administrative authority in accordance with the preceding provisions.

Article 80　Where any entity engaged in the production, storage, or use of hazardous chemicals commits any of the following acts, it shall be ordered by the work safety supervision and administration department to correct and fined between RMB 50,000 and RMB 100,000; refusal to correct shall result in suspension of production or operations, revocation of relevant licenses by the issuing authority, and an order from the administrative department for industry and commerce to change the business scope registration or revoke the business license; responsible persons shall bear criminal liability if a crime is constituted:

(1) Reusable hazardous chemical packaging or containers are not inspected before reuse;

(2) Safety facilities and equipment appropriate to the types and hazardous characteristics of the chemicals produced or stored are not installed, or those facilities and equipment are not maintained regularly as required by national or industrial standards or related national regulations;

(3) Failure to carry out periodic safety assessments of production conditions as required by these Regulations;

(4) Failure to store hazardous chemicals in dedicated warehouses, or failure to separately store highly toxic chemicals and other hazardous chemicals that constitute major hazard installations;

(5) The storage methods or quantities of hazardous chemicals fail to comply with national standards or regulations;

(6) Hazardous chemical warehouses fail to meet national or industrial standards;

(7) Failure to periodically inspect or test safety facilities and equipment of dedicated warehouse for hazardous chemicals.

Where a port operator engaged in hazardous chemicals warehousing violates any of the foregoing provisions, penalties shall be imposed by the port administrative authority accordingly.

 

Article 81　Under any of the following circumstances, the public security authority shall order correction and may impose a fine of up to RMB 10,000 for any of the following, and if correction is refused, impose a fine between RMB 10,000 and RMB 50,000:

(1) Entities producing, storing, or using highly toxic or explosive precursor chemicals fail to accurately record quantities and destinations;

(2) Such entities fail to report immediately to the public security authority upon loss or theft of such chemicals;

(3) Entities storing highly toxic chemicals fail to report storage quantity, location, and management personnel to the local county-level public security authority for record;

(4) Hazardous chemical production or operation enterprises fail to accurately record the name, address, operator’s name, and ID number of purchasers of highly toxic or explosive precursor chemicals, and the type, quantity, and purpose of the purchased chemicals, or retain sales records and related materials for less than one year;

(5) Sellers or purchasers of highly toxic or explosive precursor chemicals fail to report information on type, quantities, and destination of such chemicals to the local county-level public security authority within the prescribed time limit;

(6) An entity using highly toxic or explosive precursor chemicals fails to report to the local county-level public security authority when transferring the chemicals it has purchased in accordance with these Regulations.

Enterprises producing or storing hazardous chemicals, or enterprises using hazardous chemicals for production, that fail to submit safety assessment reports and implementation status of rectification to work safety supervision and administration department or port administrative authority, or storage entities that fail to report quantities, locations, and management personnel of the highly toxic chemicals or other hazardous chemicals whose storage quantities constitute a major hazard installation, shall be punished accordingly by the work safety supervision and administration department or port administrative authority in accordance with the preceding provisions.

Enterprises producing or using hazardous chemicals subject to priority environmental management that fail to report relevant information to environmental protection departments shall be punished by those departments according to the first paragraph of this article.

 

Article 82　Where an entity that produces, stores, or uses hazardous chemicals changes its line of production, suspends operations, ceases business, or is dissolved, and fails to promptly and effectively dispose of production equipment, storage facilities, or existing hazardous chemicals, or abandons hazardous chemicals, it shall be ordered by the work safety supervision and administration department to correct and fined between RMB 50,000 and RMB 100,000; if a crime is constituted, criminal responsibility shall be pursued according to law.

Where such an entity fails to submit its disposal plan for such production equipment, storage facilities, and hazardous chemicals for record as required under these Regulations, it shall be ordered by the competent authorities to correct, and may be fined up to RMB 10,000; if it refuses to correct, it may be fined between RMB 10,000 and 50,000.

 

Article 83 Where a hazardous chemical operation enterprise purchases hazardous chemicals from an enterprise illegally engaged in hazardous chemical production or operation without the required license, the administrative department for industry and commerce shall order correction, impose a fine between RMB 100,000 and RMB 200,000, and, upon refusal to correct, suspend business operations or request the original licensing authority to revoke the hazardous chemical business license, and order change of business scope registration or revoke its business license.

 

Article 84　Where a hazardous chemical production or operation enterprise commits any of the following acts, the work safety supervision and administration department shall order correction, confiscate illegal income, and impose a fine between RMB 100,000 and RMB 200,000; if it refuses to rectify, the department shall order suspension of operations for rectification until revoking its hazardous chemicals safety production license and hazardous chemicals business license, and the administrative department for industry and commerce shall order it to complete the registration of business scope change or revoke its business license.

(1) Selling highly toxic or explosive precursor chemicals to entities without the required licenses or certificates as specified in the first and second paragraphs of Article 38 of these Regulations;

(2) Selling highly toxic chemicals inconsistent with the type or quantity specified in the highly toxic chemical purchase permit;

(3) Selling highly toxic chemicals (except pesticides classified as toxic chemicals) or explosive precursor chemicals to individuals.

Where an entity that does not hold the relevant permits or certification documents specified in the first and second paragraphs of Article 38 of these Regulations purchases highly toxic chemicals or explosive precursor chemicals, or an individual purchases highly toxic chemicals (except pesticides classified as highly toxic chemicals) or explosive precursor chemicals, the public security authority shall confiscate the highly toxic chemicals or explosive precursor chemicals purchased and may also impose a fine of not more than RMB 5,000.

Where an entity using highly toxic chemicals or explosive precursor chemicals lends or transfers the highly toxic chemicals or explosive precursor chemicals it has purchased to an entity that does not hold the relevant permits specified in the first or second paragraph of Article 38 of these Regulations, or transfers the highly toxic chemicals (excluding highly toxic pesticides) or explosive precursor chemicals it has purchased to an individual, the public security authority shall order corrections to be made and impose a fine of not less than RMB 100,000 but not more than RMB 200,000; if it refuses to make corrections, it shall be ordered to suspend production or business operations for rectification.

 

Article 85　Entities engaging in road or waterway transport of hazardous chemicals without obtaining the required permits for the road transport or waterway transport of dangerous goods shall be penalized in accordance with the relevant laws and administrative regulations on road and waterway transport.

 

Article 86　Any of the following acts shall result in an order for correction by the competent transport department and a fine between RMB 50,000 and RMB 100,000; if correction is refused, business operations shall be suspended for rectification; if a crime is constituted, criminal responsibility shall be pursued according to law:

(1) Drivers, crew members, loading/unloading managers, escort personnel, declaration personnel, or on-site container stuffing inspectors of hazardous chemical road or waterway transport enterprises work without obtaining qualifications;

(2) Failure to adopt safety protection measures or provide necessary personal protective equipment and emergency response materials suitable to the hazardous characteristics of the hazardous chemicals transported;

(3) Use of vessels without certificates of fitness for carriage of dangerous goods to transport hazardous chemicals on inland waterways;

(4) Carriers of inland waterway hazardous chemical transport violating limits on single-vessel loads prescribed by the transport department under the State Council;

(5) Inland terminals or berths used for handling hazardous chemicals that fail to meet national safety standards, fail to maintain required distances from drinking water intakes, or are put into operation without approval upon inspection by the competent transport department;

(6) Consignors failing to inform carriers of the type, quantity, hazardous characteristics, and emergency measures for hazardous chemicals, or failing to properly package and appropriately mark such chemicals in accordance with national regulations;

(7) Consignors failing to add inhibitors or stabilizers where required, or failing to inform carriers accordingly.

 

Article 87　Any of the following acts shall result in an order for correction by the competent transport department, confiscation of illegal income, and a fine between RMB 100,000 and RMB 200,000; refusal to correct shall result in suspension of operations for rectification; if a crime is constituted, criminal liability shall be pursued according to law:

(1) Entrusting an enterprise without permits for road or waterway transport of dangerous goods to transport hazardous chemicals;

(2) Transporting highly toxic chemicals and other hazardous chemicals prohibited by the State from inland waterway transport through enclosed inland waters;

(3) Transporting highly toxic chemicals and other hazardous chemicals prohibited by the State from inland waterway transport through inland waterways;

(4) Concealing hazardous chemicals within general cargo or falsely declaring them as general goods.

Where hazardous chemicals are concealed in mail or express parcels, or are falsely declared and posted as ordinary items, public security penalties shall be imposed in accordance with the law; if a crime is constituted, criminal liability shall be pursued.

Postal and express delivery enterprises accepting hazardous chemicals for mailing shall be penalized in accordance with the Postal Law of the People’s Republic of China.

 

Article 88　Any of the following acts shall result in an order for correction by the public security authority and a fine between RMB 50,000 and RMB 100,000; if a violation of public security administration is constituted, public security penalties shall be imposed; if a crime is constituted, criminal responsibility shall be pursued:

(1) Loading hazardous chemicals in excess of the approved load capacity of the transport vehicle;

(2) Using vehicles that fail to meet national safety technical standards to transport hazardous chemicals;

(3) Transporting hazardous chemicals into restricted areas without approval from the public security authority;

(4) Road transport of highly toxic chemicals without obtaining a permit for the road transport of such chemicals.

 

Article 89　Any of the following acts shall result in an order for correction by the public security authority and a fine between RMB 10,000 and RMB 50,000; if a violation of public security administration is constituted, public security penalties shall be imposed:

(1) Transport vehicles for hazardous chemicals fail to display or paint warning signs, or display or paint signs that do not conform to national standards;

(2) Road transport of hazardous chemicals without escort personnel;

(3) When drivers or escorts of vehicles transporting highly toxic or explosive precursor chemicals must park for extended periods en route, they fail to report to the local public security authority;

(4) When highly toxic chemicals or explosive precursor chemicals are lost, stolen, robbed, dispersed, or leaked during road transportation, drivers or escorts fail to take necessary warning and safety measures or fail to report to the local public security authority.

 

Article 90　For any road transport enterprise of hazardous chemicals that is fully or primarily responsible for a traffic accident, the public security authority shall order the enterprise to eliminate safety hazards. Any transport vehicle that fails to eliminate such safety hazards shall be prohibited from operating on public roads.

 

Article 91　Any of the following acts shall result in an order for correction by the competent transport department, and a fine of up to RMB 10,000 may be imposed; if the correction is refused, a fine between RMB 10,000 and RMB 50,000 shall be imposed:

(1) A road or waterway transport enterprise for hazardous chemicals fails to employ full-time safety management personnel;

(2) The management entity of an inland terminal or berth used for hazardous chemical transport operations fails to formulate an emergency response plan for hazardous chemical accidents, or fails to equip the terminal or berth with adequate and effective emergency response materials and equipment.

 

Article 92　Any of the following acts shall be punished in accordance with the Regulations of the People's Republic of China on Administration of Traffic Safety in Inland Waters:

(1) A waterway transport enterprise engaged in inland waterway transport of hazardous chemicals fails to formulate an emergency response plan for hazardous chemical accidents involving its vessels, or fails to equip its vessels with adequate and effective emergency response materials and equipment;

(2) Owners or operators of vessels engaged in the inland waterway transportation of hazardous chemicals fail to obtain a certificate of liability insurance for vessel pollution damage or a financial security certificate;

(3) A vessel carrying hazardous chemicals enters or leaves an inland port without prior reporting to and approval from the maritime administrative authority;

(4) A vessel carrying hazardous chemicals navigates, loads, unloads, or berths on inland waterways without displaying the required special warning signs, without showing the required special signals, or without applying for pilotage as prescribed.

Any loading, unloading, or transshipment of hazardous chemicals conducted within a port without prior reporting to and approval from the port administrative authority shall be penalized in accordance with the Port Law of the People’s Republic of China.

 

Article 93　Any act of forging, altering, leasing, lending, or transferring a hazardous chemicals safety production license or an industrial product production license, or using forged or altered licenses, shall be punished in accordance with the Regulations on Work Safety Licensing and the Regulations of the People’s Republic of China on the Administration of Production License for Industrial Products.

Any act of forging, altering, leasing, lending, or transferring other licenses stipulated under these Regulations, or using forged or altered licenses thereof, shall result in a fine between RMB 100,000 and RMB 200,000 imposed by the license-issuing authority, and any illegal income shall be confiscated. Where this constitutes a violation of public security administration, public security penalties shall be imposed accordingly; if a crime is constituted, criminal responsibility shall be pursued according to law.

 

Article 94　Where a hazardous chemicals entity experiences an accident and the principal person in charge fails to immediately organize rescue or promptly report to the relevant authorities, punishment shall be imposed in accordance with the Regulations on Reporting, Investigation and Handling of Work Safety Accidents.

If a hazardous chemical accident causes personal injury or property damage to others, the responsible hazardous chemical entity shall bear liability for compensation according to law.

 

Article 95　In the event of a hazardous chemical accident, if the relevant local people’s government or its departments fail to immediately organize rescue or to take necessary emergency measures to reduce losses and prevent escalation, the directly responsible supervising personnel and other persons directly responsible shall be subject to disciplinary action according to law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

 

Article 96　Where staff members of departments with safety regulatory responsibilities for hazardous chemicals abuse their powers, neglect duties, or engage in malpractices for personal gain during the performance of their supervisory functions, and if the act constitutes a crime, criminal liability shall be pursued in accordance with the law; if it does not constitute a crime, disciplinary sanctions shall be imposed according to law.

 

Chapter VIII　Supplementary Provisions

Article 97　The safety administration of controlled chemicals and of pharmaceuticals and pesticides classified as hazardous chemicals shall be governed by these Regulations, except where laws or administrative regulations provide otherwise.

The safety administration of civilian explosives, fireworks and firecrackers, radioactive materials, nuclear substances, and hazardous chemicals used for national defense research and production shall not be subject to these Regulations.

Where separate provisions on gas safety management exist in other laws or administrative regulations, those provisions shall apply.

For hazardous chemical containers classified as special equipment, their safety management shall be carried out in accordance with relevant laws and administrative regulations on the safety of special equipment.

 

Article 98　The import and export of hazardous chemicals shall be subject to the provisions of relevant laws, administrative regulations, and rules on foreign trade administration. The safety management of the storage, use, operation, and transport of imported hazardous chemicals shall be carried out in accordance with these Regulations.

The environmental management registration of hazardous chemicals and new chemical substances shall follow the provisions of relevant laws, administrative regulations, and rules on environmental protection. Fees for environmental management registration of hazardous chemicals shall be collected in accordance with relevant State regulations.

 

Article 99　Hazardous chemicals without an identifiable owner, once discovered or retrieved by the public, shall be received by the public security authority. Hazardous chemicals received by the public security authority or confiscated by other departments in accordance with the law that require harmless treatment shall be handled by professional entities designated by the environmental protection department or by relevant hazardous chemical production enterprises under the organization of the environmental protection department. The expenses required for such treatment shall be borne by the State.

 

Article 100　Where the hazardous characteristics of a chemical have not yet been determined, the competent departments under the State Council for work safety supervision and administration, environmental protection, and health shall respectively organize assessments of its physical hazards, environmental hazards, and toxicological properties. Based on the assessment results, if adjustment to the Catalogue of Hazardous Chemicals is required, such adjustment shall be made in accordance with the provisions of Article 3, paragraph 2 of these Regulations.

 

Article 101　Any chemical enterprise that was already using hazardous chemicals for production before the implementation of these Regulations and is required, under these Regulations, to obtain a hazardous chemicals safety use permit shall apply for and obtain such permit within the period prescribed by the work safety supervision and administration department under the State Council.

 

Article 102　These Regulations shall come into force on December 1, 2011.

 

 

（Disclaimer: This document is a translation of the original official text and is provided for reference purposes only. While we strive for accuracy, errors or ambiguities may arise due to linguistic nuances and technical factors. This translation is not legally binding and should not be relied upon as the sole basis for decision-making. All content is governed exclusively by the original official version.）