Regulations on the Control over Safety of Dangerous Chemicals

Regulations on the Control over Safety of Dangerous Chemicals

Decree No. 344 of the State Council of the People’s Republic of China

Promulgation Date: 26^th January 2002

Effective Date: 15^th March 2002

Promulgated by: The State Council

Chapter I General Principles

Article 1 In order to strengthen the control over safety of dangerous chemicals, to guarantee the people’s life and property safety, and to protect the environment, these Regulations are hereby enacted.

Article 2 Production, operation, storage, transportation, and use of dangerous chemicals and disposal of the wasted dangerous chemicals within the territory of the People’s Republic of China shall be governed by these Regulations, laws and other administrative regulations of the State on production safety.

Article 3 “Dangerous chemicals” as referred to herein include explosives, pressure gas, liquefied gas, inflammable liquid, inflammable solid, spontaneous combustible articles, combustible materials in case of moisture, oxidants, organic peroxide, toxic articles, corrosives, etc.

Dangerous chemicals listed onto the List of Dangerous Articles (GB 12268) promulgated as the national standard, the catalogue of hyper-toxic chemicals, and other dangerous chemicals not listed onto the List of Dangerous Articles shall be determined and announced by the administrative department in charge of comprehensive management of economy and trade jointly with the administrative departments in charge of public security, environmental protection, health, quality control, traffic control, etc of the State Council.

Article 4 The personnel chiefly in charge of units that manufacture, deal in, store, transport, and use the dangerous chemicals and dispose of the wasted dangerous chemicals (hereinafter referred to as the “units of dangerous chemicals”) must guarantee the safety control for their own dangerous chemicals satisfy provisions of the relevant laws, regulations, and rules, as well as requirements of the national standards, and be responsible for the safety of their own dangerous chemicals.

The personnel engaging in the manufacture, operation, storage, transportation, use of dangerous chemicals or disposal of wasted dangerous chemicals of the units of dangerous chemicals must take part in the training for the relevant laws, regulations, rules, safety knowledge, professional skills, vocational safety protection, and emergency knowledge. Only those passing the examination may hold their posts.

Article 5 The relevant departments in charge of supervision and administration of the manufacture, operation, storage, transportation, use of dangerous chemicals, and the disposal of the wasted dangerous chemicals shall fulfill their responsibilities according to the following provisions:

(1) The administrative department in charge of overall management of economy and trade of the State Council and the administrative departments of economy and trade of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central People’s Government shall, in accordance with these Regulations, be responsible for the overall work for the supervision and administration of safety of dangerous chemicals, be responsible for examination and approval of the establishment, reconstruction, and expansion of enterprises that manufacture or store dangerous chemicals, be responsible for the examination and appointment of the professional manufacturing enterprises of packing materials or containers (including trough containers used for transportation, hereinafter inclusive), be responsible for issuance of the licenses for operation of dangerous chemicals, be responsible for registration of domestic dangerous chemicals, be responsible for organizing and coordinating the emergency rescue for the dangerous chemical accidents, and be responsible for the supervision and examination of the aforesaid matters. The administrative department in charge of the overall work for supervision and administration of safety of dangerous chemicals of the people’s governments of municipalities (with districts) and the people’s governments at the county level shall be determined by the people’s governments at all levels, and fulfill their responsibilities in accordance with these Regulations.

(2) The public security organs shall be responsible for the public security control over dangerous chemicals, be responsible for the issuance of hyper-toxic chemical purchase credence and purchase licenses, be responsible for examining, approving, and issuing road transportation passes for hyper-toxic chemicals, be responsible for supervision over the safety of the road transportation of dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.

(3) The administrative departments in charge of quality control shall be responsible for the issuance of the manufacture licenses for dangerous chemicals and their packing materials as well as containers, be responsible for the supervision over the quality of packing materials and containers of dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.

(4) The administrative departments in charge of environmental protection shall be responsible for the supervision and administration of the disposal of wasted dangerous chemicals, be responsible for the investigation of serious dangerous chemical pollution accidents and the ecological damage incidents, be responsible for the emergency monitoring of the sites of toxic chemical accidents and registration of the imported dangerous chemicals, and be responsible for the supervision and examination of the aforesaid matters.

(5) The administrative departments in charge of railways and civil aviation shall be responsible for the railway and air transportation of dangerous chemicals, and the safety control, supervision, and examination of railway and air transportation units for dangerous chemicals and their means of transport. The administrative departments in charge of communications shall be responsible for the safety control of the highway and waterway transportation units for dangerous chemicals and their means of transport, and the supervision over safety in the waterway transportation of dangerous chemicals, be responsible for determining the professional levels of highway and waterway transportation units for dangerous chemicals, drivers, shipmen, loading and unloading personnel, and transport escorts, and be responsible for the supervision and examination of the aforesaid matters.

(6) The administrative departments in charge of health shall be responsible for the authentication of toxicity of dangerous chemicals, and the medical rescue of the personnel who die or are injured due to accidents of dangerous chemicals.

(7) The administrations for industry and commerce shall, in accordance with the approval or licenses of the relevant departments, issue the business licenses for units that manufacture, deal in, store, or transport dangerous chemicals, and supervise and administer the business operations in the dangerous chemical market.

(8) The administrative departments in charge of post shall be responsible for the supervision and examination of dangerous chemicals sent by post.

Article 6 The relevant departments in charge of supervision and administration of units of dangerous chemicals in accordance with these Regulations may exercise the following powers in the course of supervision and examination according to law:

(1) To enter into the operating sites of dangerous chemicals to make the spot examination, to transfer the relevant materials, and learn the relevant information form the personnel concerned, and to table the proposals for units of dangerous chemicals to make rectification and improvement;

(2) To order the parties concerned to eliminate the hidden risks of accidents of dangerous chemicals forthwith or within a specified time limit when such risks are discovered;

(3) To order the parties concerned to cease forthwith the use of facilities, equipment, apparatus, and means of transport that fails to meet the relevant laws, regulations, rules, and national standards based on evidence; and

(4) To make corrections on the spot, or to order the parties concerned to make corrections when finding the illegal acts.

Units of dangerous chemicals shall be subject to the supervision and examination conducted by the relevant departments according to law without refusal or hindrance.

When performing their duties of supervision and examination, the personnel assigned by the relevant departments shall produce their certificates.

Chapter II Manufacture, Storage, and Use of Dangerous Chemicals

Article 7 The State carries out the unified planning, rational arrangement, and strict control over the manufacture and storage of dangerous chemicals, and implements the system to examine and approve the manufacture and storage of dangerous chemicals. Without examination and approval of the State, any units and individuals shall not manufacture or storage dangerous chemicals.

The people’s governments at the municipality level (with districts established within the municipality ) shall, according to the local actual demand for the economic development, allocate the appropriate areas to be specialized for the manufacture and storage of dangerous chemicals in accordance with the principle of ensuring safety when making the overall planning.

Article 8 An enterprise for manufacture or storage of dangerous chemicals must fulfill the following qualifications:

(1) It shall have the manufacture techniques, equipment, or warehousing means and facilities meeting the national standards;

(2) The distance of protection around factories and warehouses shall meet the national standards or the relevant provisions of the State;

(3) It shall have the management and technical personnel satisfying the demand for manufacture or storage;

(4) It shall have healthy safety control system; and

(5) It shall have full qualifications as required by laws, regulations, and national standards..

Article 9 In order to establish an enterprise for the manufacture or storage of hyper-toxic chemicals, and an enterprise for the manufacture or storage of other dangerous chemicals, the applications shall be filed to the administrative department in charge of economy and trade of the relevant province, autonomous region, or municipality directly under the Central People’s Government and the administrative department in charge of the overall work of supervision and administration of safety in dangerous chemicals of the people’s government at the municipality level (with districts) respectively, and submit the following documents:

(1) The feasibility research report;

(2) Indicators of physical chemical properties such as ignition point, spontaneous combustion point, flash point, limits of explosion, toxicity, etc. of raw materials, intermediary products, final products, or stored dangerous chemicals;

(3) Technical requirements on the packing, storage, and transportation;

(4) A safety evaluation report;

(5) Measures emergency rescue; and

(6) The supporting documents fulfilling conditions of Article 8 herein.

The administrative departments in charge of economy and trade of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central People’s Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts) shall organize the relevant experts to examine the applications received and the documents submitted, and shall report the examination opinions of these experts to the people’s governments at the same levels to make decisions of approval or disapproval. According the decisions of the people’s governments, the administrative departments in charge of economy and trade of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central People’s Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts) shall issue the documents of approval to the approved applicant; otherwise, they shall notify the disapproved applicants in writing.

The approved applicants shall go through the registration formalities with the administrations for industry and commerce depending on the documents of approval.

Article 10 Except the fueling stations for means of transport, such quantity of the installations manufacturing and storing dangerous chemicals constituting the serious hazard sources and the distance from the following places and areas must satisfy the national standards or the relevant provisions of the State:

(1) Resident estates, commercial centers, parks, and other densely inhabited districts;

(2) Schools, hospitals, cinemas, stadiums, gymnasiums, and other public facilities;

(3) Water supply sources, water plants, and water source protection zones;

(4) Stations, docks (excluding those specialized for loading and unloading of dangerous chemicals upon approval according to the relevant provisions of the State), airports, highways, railways, waterway main lines, wind booths, entrance, and exit of underground railways;

(5) The basic farmland protection zones, animal husbandry zones, fishing waters, and bases to produce seeds, breeders, and offspring of aquatic products;

(6) Rivers, lakes, places of historical interest and scenic spots, and natural protection zones;

(7) Prohibited military zones and military control zones; and

(8) Other areas to be protected by laws and administrative regulations.

In case that the quantity of installations manufacturing dangerous chemicals that have been built, and the storage facilities that constitute the serious hazard sources does not fulfill the provisions of the preceding Paragraph, the administrative departments in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts established within the municipality ) shall supervise the parties concerned to make rectification and improvement within the specified time limit. The change of the line of production, the stoppage of production, the move, or shutdown shall be reported to the people’s governments at the same levels for approval, and carry out such activities upon approval.

“Serious hazard sources” as referred to herein means cells (including places and installations) in which the dangerous chemicals are manufactured, transported, used, or stored, or the wasted chemicals are disposed of , and the quantity of dangerous chemicals is equal to or exceeds the threshold quantity.

Article 11 The reconstruction or expansion of an enterprise for manufacture or storage of dangerous chemicals must be examined and approved in accordance with the provisions of Article 9 herein.

Article 12 An enterprise to manufacture dangerous chemicals that is established according to law must apply to the administrative department in charge of quality control of the State Council for drawing the license for manufacturing dangerous chemicals; any enterprise that fails to obtain such license shall not commence the manufacture of dangerous chemicals.

The administrative department in charge of quality control of the State Council shall notify the administrative department in charge of comprehensive management of economy and trade, the administrative department in charge of environmental protection, and the public security organ of the State Council of the situation about the issuance of licenses for manufacturing dangerous chemicals.

Article 13 Any units and individuals shall not manufacture, deal in, or use dangerous chemicals that are prohibited by the State’s public proclamation.

Hyper-toxic chemicals shall be prohibited from manufacturing raticides and other chemical products and chemicals for the daily use.

Article 14 Whoever manufactures dangerous chemicals shall attach the technical specifications for the safety of chemicals in full accord with dangerous chemicals in the packing materials of dangerous chemicals, and affix or post the safety signs for chemicals in full accord with dangerous chemicals in the packing materials on the external packaging materials.

When finding that dangerous chemicals manufactured have the new hazard characteristics, the manufacturing enterprises of dangerous chemicals shall make the public announcements forthwith, and modify the technical specifications for safety and the safety signs in time.

Article 15 The production conductions of units engaging in the manufacture of dangerous chemicals must fulfill the national standards and the relevant provisions of the State, and these units shall obtain the corresponding licenses in accordance with the relevant laws and regulations of the State, must establish and strengthen the regulations and rules on the safety control over the use of dangerous chemicals, and guarantee the safe use and control over dangerous chemicals.

Article 16 Whoever manufactures, stores, or makes use of dangerous chemicals shall, according to the varieties and characteristics of dangerous chemicals, set up the corresponding safety facilities and equipment for monitoring, ventilation, burning resistance, tempering, fireproofing, fire control, explosion protection, pressure relief, antitoxin, disinfections, neutralization, moisture prevention, lightning protection, static electricity resistance, antisepsis, seep-proofing, reclamation dam protection, or isolated operation in the workshops and operating sites, maintain and protect them in accordance with the national standards and the relevant provisions of the State, and guarantee that they satisfy the requirements on safe operation.

Article 17 A unit that manufactures, stores, or makes use of hyper-toxic chemicals shall conduct safety evaluation of its own manufacturing or storage installations once a year. A unit that manufactures, stores, or makes use of other dangerous chemicals shall conduct the safety evaluation of its own manufacturing or storage installations once two years.

The safety evaluation report shall cover a proposal to make rectification and improvement against the safety problems in manufacturing or storage installations. The manufacturing or storage installations threatened by the real hazards discovered in the course of the safety evaluation shall be fall into disuse forthwith, replaced or repaired, and the corresponding safety measures shall be adopted.

The safety evaluation report shall be submitted to the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the people’s government at the municipality level (with districts) for record. audition

Article 18 Units that manufacture, store, and use dangerous chemicals shall set up the communication and alarming installations in the manufacturing, storage, and use places, and guarantee their normal applicable conditions under any circumstances.

Article 19 A unit that manufactures, stores, or makes use of hyper-toxic chemicals shall record the output, flow direction, storage quantity, and purposes of such chemicals according to the facts, and adopt the necessary security measures to prevent such chemicals from being stolen, lost, or sold by error, or misused; when finding that hyper-toxic chemicals are stolen, lost, sold by error, or misused, it must make a report to the local public security organ forthwith.

Article 20 The packaging of dangerous chemicals must accord with laws, regulations, and rules of the State, and satisfy the requirements of the national standards.

The material, models, specifications, methods, and unit quantity (weight) of the packing of dangerous chemicals shall be adapted to the nature and purposes of the packaged dangerous chemicals, and be convenient for loading, unloading, transportation, and storage.

Article 21 The packing materials and containers of dangerous chemicals shall not be used unless they are manufactured by the professional manufacturing enterprises passing the examination of the administrative departments in charge of economy and trade of the people’s governments at the provincial level, and pass the professional test and inspection institutions admitted by the administrative department in charge of quality control of the State Council.

The packing materials and containers for repeated use shall be inspected before being used, and the corresponding records shall be made; the inspection records shall be kept for two years at least.

The administrative departments in charge of quality control shall inspect the quality of the packing materials and containers at regular or irregular intervals.

Article 22 Dangerous chemicals must be stored within the specialized warehouses, places, or storage rooms (hereinafter referred to as the “specialized warehouses”), and be managed by the specially assigned personnel. The storage means, methods, and the quantity stored must meet the national standards.

The dangerous chemicals’ entry into, and exit from warehouses must be inspected and registered. The stock dangerous chemicals shall be inspected at regular intervals.

Hyper-toxic chemicals and other dangerous chemicals that constitute serious hazard sources in quantity must be stored within the specialized warehouses separately, and be subject to the system of double-person receiving and dispatching and double-person safekeeping. A storage unit shall report the quantity, places, and management personnel of stored hyper-toxic chemicals and other dangerous chemicals that constitute serious hazard sources to the local public security organ and the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals for records.

Article 23 The specialized warehouses for dangerous chemicals shall satisfy requirements of the national standards on the safety and fire control, and prominent signs shall be set up for these warehouses. The storage equipment and safety facilities for these warehouses shall be checked at regular intervals.

Article 24 The disposal of wasted dangerous chemicals shall be based on the Law on Prevention and Control over the Environmental Pollution Caused by Solid Wastes and the relevant provisions of the State.

Article 25 When units that manufacture, store, or use dangerous chemicals halt production, change the line of production, shut down, or dissolved, they shall adopt the effective measures to dispose the manufacturing or storage equipment for dangerous chemicals, inventory products, and manufacturing materials, and shall not leave over hidden risk of accident. The disposal proposal shall be submitted to the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the local people’s government at the municipality level (with districts established within the municipality), and the administrative department in charger of environmental protection and the public security organ at the same level for record. The administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals shall supervise and examine the disposal.

Article 26 Dangerous chemicals turned over by the public shall be taken over by the public security organs. Dangerous chemicals taken over by the public security organs and those captured by other relevant departments shall be handed over to the professional units admitted by the administrative departments in charge of environmental protection for disposal.

Chapter III Operation of Dangerous Chemicals

Article 27 The State carries out the licensing system for dealing in dangerous chemicals. Without being licensed, any units and individuals shall deal in dangerous chemicals.

Article 28 An enterprise that deals in dangerous chemicals must fulfill the following qualifications:

(1) Its business premises and storage facilities shall conform to the national standards;

(2) The executive staff and the business personnel shall received the professional training and be qualified for holding their posts;

(3) It shall have a healthy safety control system; and

(4) It shall full qualifications as required by laws, regulations, and national standards.

Article 29 In order to deal in hyper-toxic chemicals and other dangerous chemicals, the applications shall be filed to the administrative departments in charge of economy and trade of the relevant provinces, autonomous regions, or municipalities directly under the Central People’s Government or the administrative departments in charge of the overall work of supervision and administration of safety in dangerous chemicals of the people’s governments at the municipality level (with districts) respectively, and submit the supporting documents for qualifications as specified in Article 28 herein. The administrative departments in charge of economy and trade of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central People’s Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts) shall, upon the receipt of applications, examine the supporting documents submitted by the applicants and their business premises in accordance with the provisions herein. Upon examination, they shall issue the licenses for dealing in dangerous chemicals to the qualified applicants, notify the public security organs and the administrative departments in charge of environmental protection at the same levels of the corresponding information, and inform the unqualified applicants in writing of the corresponding reasons.

The approved applicants shall go through the registration formalities with the administrations for industry and commerce depending on the licenses for dealing in dangerous chemicals.

Article 30 Enterprises that deal in dangerous chemicals shall not commit the following acts:

(1) To purchase dangerous chemicals from enterprises that fail to obtain the licenses for manufacturing such chemicals or the licenses for dealing in such chemicals;

(2) To deal in hyper-toxic chemicals that have been prohibited from being manufactured, raticides manufactured by hyper-toxic chemicals, and other chemical products and chemicals for daily use; or

(3) To sell dangerous chemicals without technical specifications or signs for safety of chemicals.

Article 31 Enterprises that manufacture dangerous chemicals shall not sell such chemicals to units or individuals who fail to obtain the licenses for dealing in dangerous chemicals.

Article 32 Enterprises that deal in dangerous chemicals, for the purpose to store such chemicals, shall abide by the relevant provisions in Chapter II herein. Shops of dangerous chemicals shall have no option but to store fractional-package dangerous chemicals for civil use, and the total quantity of such chemicals in a shop shall not exceed the quota provided by the State.

Article 33 Enterprises that deal in hyper-toxic chemicals, when selling such chemicals, shall record names and addresses of purchase units, names and identity card numbers of purchasing personnel, as well as item names, quantity, and purposes of purchased hyper-toxic chemicals. Such records shall be kept for one year at least.

Enterprises that deal in hyper-toxic chemicals shall check the sales of such chemicals by the day; when discovering that such chemicals are stolen, lost, or sold by error, they must make reports to the local public security organs forthwith.

Article 34 The purchase of hyper-toxic chemicals shall be subject to the following provisions:

(1) The manufacturing, scientific research, and medical units that make use of hyper-toxic chemicals frequently shall apply to the public security organs of the people’s governments at the municipality level (with districts established within the municipality) for drawing the purchase credence, and purchase such chemicals depending on the purchase credence;

(2) Units that need to purchase hyper-toxic chemicals temporarily shall apply to the public security organs of the people’s governments at the municipality level (with districts) for drawing the purchase credence depending on the certification (item names, quantity, and purposes indicated), and purchase such chemicals depending on the purchase credence; and

(3) Individuals shall not purchase hyper-toxic chemicals other than pesticides, raticides, and drugs to kill parasites.

Enterprises that manufacture or deal in hyper-toxic chemicals shall not sell such chemicals to units without purchase credence or purchase licenses or individuals. The credence or licenses for purchase of hyper-toxic chemicals shall not be forged, mutilated, purchased, sold, lent, or transferred by other means, and the invalidated credence or licenses for purchase of such chemicals shall not be used.

The public security orga