Administrative Regulations on the Safety of Hazardous Chemicals (Revised in 2013)
Administrative Regulations on the Safety of Hazardous Chemicals (Revised in 2013)
Administrative Regulations on the Safety of hazardous chemicals (Revised in 2013)
Order of the State Council of the people's Republic of China No.645
December 7, 2013
(Promulgated according to the Order of the State Council of the people's Republic of China No.344 on January 26, 2002; revised at at the 144th Standing Committee Meeting of the Sate Council on February 16, 2011; revised further according to Decision of the State Council on Revising Some Administrative Regulations on December 7, 2013)
Chapter I General Provisions
Article 1 In order to strengthen the administration on the safety of hazardous chemicals, to prevent and reduce hazardous chemicals accidents, to guarantee the safety of people's life and property and to protect the environment, these Regulations are hereby enacted.
Article 2 The administration on the safety of production, storage, use, operation and transportation of hazardous chemicals apply to these Regulations.
Disposal of the wasted hazardous chemicals shall be governed by laws, administrative regulations and relevant regulations of the State concerning environmental protection.
Article 3 "Hazardous chemicals" as referred to herein include hyper-toxic chemicals and other chemicals with the nature of toxic hazard, corrosiveness, explosiveness, flammability and combustion-supporting, which are dangerous to human body, facilities and environment.
The list of hazardous chemicals shall be determined, announced and adjusted from time to time according to the criteria on identification and classification of the hazard characteristics of chemicals by the production safe supervision and administration department of the State Council jointly with the administrative departments of the State Council in charge of industry and information, public security, environmental protection, health, quality supervision, inspection and quarantine, transport, railway, civil aviation, and agriculture, etc.
Article 4 The administration of safety of hazardous chemicals shall follow the principles of "safety as the first concern, prevention as the main focus, making comprehensive control", and strengthen and carry out the subject responsibilities of enterprises.
The personnel chiefly in charge of the units that manufacture, store, use, deal in or transport the hazardous chemicals (hereinafter referred to as the "units of hazardous chemicals") shall take full responsibilities for the safety administration of their own hazardous chemicals.
The units of hazardous chemicals shall have the safety conditions stipulated by laws and administrative regulations and required by national standards and industrial standards, establish,amplify safety administration regulations and post safety responsibility system, and conduct safety and relevant laws educations and professional skills trainings. The working staff shall receive education and trainings, and can only hold the posts after passing the examination. For the posts requiring relevant qualifications, the personnel legally obtaining the corresponding qualifications shall be appointed.
Article 5 Any units and individuals shall not manufacture, deal in or use those hazardous chemicals, the manufacturing, operation and use of which are prohibited by the State.
If the State has any limited regulations on the use of any hazardous chemicals, any units and individuals shall not violate such limitation regulations to use the hazardous chemicals.
Article 6 The relevant departments in charge of supervision and administration of the manufacture, storage, use, operation and transportation of hazardous chemicals (hereinafter referred to as "hazardous chemicals production safety supervision and administration departments") shall fulfil their responsibilities according to the following provisions:
1. The production safety supervision and administration departments shall be in charge of the overall work of supervision and administration of safety of hazardous chemicals, shall organize to determine, publicly announce and adjust the list of hazardous chemicals, inspect the safety conditions of those construction projects such as newly establishing, reconstructing or enlarging the manufacture and storage facilities of hazardous chemicals (including using long pipelines to transport hazardous chemicals, hereinafter inclusive), take the responsibilities of issuing hazardous chemicals safe production licenses, hazardous chemicals safe use permits and licenses for dealing in hazardous chemicals, and also take charge of the registration of hazardous chemicals.
2. The public security organs shall be responsible for the administration on public security of hazardous chemicals and the issuance of hyper-toxic chemicals purchase licenses and road transportation passes for hyper-toxic chemicals, and be responsible for supervision over the safety of the road transportation vehicles of hazardous chemicals.
3. The administrative departments of quality supervision, inspection and quarantine shall be responsible for issuing production licenses for industrial products to enterprises manufacturing hazardous chemicals and their packing materials and containers (excluding the fixed large containers storing hazardous chemicals), shall conduct supervision over the quality of the products of the above manufacturers pursuant to laws, and make inspections on imported and exported hazardous chemicals and their packaging.
4. The administrative departments of environmental protection shall be responsible for supervising and administering the disposal of wasted hazardous chemicals, organize the appraisal on the hazards of hazardous chemicals on environments and the environment pollution risk evaluation, determine the list of hazardous chemicals concerning which environment administration should be greatly emphasized, and shall be responsible for the registration of the environment administration of hazardous chemicals and new chemicals. Such departments shall also investigate the relevant dangerous chemical pollution accidents and the ecological damage incidents according to their duties, and shall be responsible for the emergency environment monitoring of the sites of hazardous chemicals accidents.
5. The administrative departments of transportation shall take charge of the safety administration on hazardous chemicals road transportation or waterway transportation permits and transportation vehicles, conduct supervisions on the safety of waterway transportation of hazardous chemicals, and shall be responsible for the qualifications of the drivers, crew members, loading and unloading personnel, transport escorts, declarers, and the staff conducting on-site inspection on the containers packing of the hazardous chemicals of the road transportation enterprises and waterway transportation enterprises. The railway regulation department shall be responsible for the safety administration of railway transportation of hazardous chemicals and the transportation vehicles thereof. The administrative departments of civil aviation shall be responsible for the air transportation of hazardous chemicals and safety administration of air transportation enterprises and their transportation vehicles.
6. The health administration departments shall be responsible for the administration on the authentication of toxicity of hazardous chemicals, and be responsible for organizing and coordinating the medical rescue of the injured caused by the accidents of hazardous chemicals.
7. The administrations for industry and commerce (AICs) shall, in accordance with the approvals or licenses issued by relevant departments, issue the business licenses for units that manufacture, store, deal in, or transport hazardous chemicals, and investigate the activities of illegally purchasing hazardous chemicals by enterprises dealing in hazardous chemicals and impose relevant punishments on such enterprises.
8. The post administration departments shall be responsible for investigating the acts of sending hazardous chemicals by post and imposing relevant punishments pursuant to laws.
Article 7 The safety of hazardous chemicals supervision and administration departments may take the following measures to conduct supervision and examination pursuant to laws:
1. To enter into the operating sites of hazardous chemicals to make spot examinations, to learn the relevant information form the units and personnel concerned, and to refer to and reproduce the relevant documents and materials;
2. To order the parties concerned to eliminate the hidden risks of accidents of hazardous 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, equipments, fittings, apparatus, and means of transport that fail to satisfy the relevant laws, administrative regulations, rules, or national standards or industrial standards;
4. After being approved by the main responsible personnel of the departments, to seal up the places where hazardous chemicals are illegally manufactured, stored, used and dealt in, to seize illegally manufactured, stored, used, dealt or transported hazardous chemicals as well as the raw materials, equipments and transportation means used in the manufacture, use and transportation of hazardous chemicals;
5. To make corrections on the spot, or to order the parties concerned to make corrections within a specified time limit when discovering any illegal acts which may affect the safety of hazardous chemicals.
The safety of hazardous chemicals supervision and administration departments shall conduct supervision and inspection pursuant to laws. The supervision and inspection personnel shall be at least two persons, and shall produce their certificates when conducting inspections. The relevant units and individuals shall give relevant cooperation to the legally conducted supervision and inspection and shall not refuse or hinder the supervision and inspection.
Article 8 The people's governments at county level shall establish the coordination mechanism on the supervision and administration of safety of hazardous chemicals, support and urge the safety of hazardous chemicals supervision and administration departments to perform their duties pursuant to laws, and coordinate and resolve the main problems occurred during the supervision and administration on safety of hazardous chemicals.
The safety of hazardous chemicals supervision and administration departments shall coordinate with each other, closely cooperate, and strengthen supervision and administration over the safety of hazardous chemicals pursuant to laws.
Article 9 Any units and individuals shall have the right to report the acts violating the provisions of these Regulations to the safety of hazardous chemicals supervision and administration departments. Such departments shall, upon receipt of the report, timely deal with it pursuant to laws. If the reported act is beyond the duties of the departments, the departments shall forward it to the departments concerned in a timely manner.
Article 10 The State encourages the enterprises manufacturing hazardous chemicals and the enterprises using hazardous chemicals to conduct production to adopt advanced techniques, crafts, equipments and automatic control system useful for improving security level, and encourage them to conduct specialized storage, unified distribution and centralized sales on hazardous chemicals.
Chapter II Manufacture and Storage Safety
Article 11 The State carries out unified planning and rational arrangement on the manufacture and storage of hazardous chemicals.
The department of the State Council in charge of industry and information and other relevant departments of the State Council shall, according to their respective duties, take responsibilities for the industrial planning and arrangement on the manufacture and storage of hazardous chemicals.
When making the overall urban and rural planning, the local people's governments shall, according to the local actual situation and based on the principle of ensuring safety, allocate appropriate areas to be specialized for manufacture and storage of hazardous chemicals.
Article 12 The safety conditions of the new construction, reconstruction or expansion of an enterprise for manufacture or storage of hazardous chemicals (hereinafter referred to as "construction projects") must be examined by the production safety supervision and administration departments.
The construction units shall demonstrate the safety conditions of the construction projects, entrust institutes with qualifications required by the State to conduct safety evaluation, and submit the report on the safety conditions demonstration and safety evaluation to the production safety supervision and administration departments of the people's governments above municipality (with districts) level where the construction projects are located. The production safety supervision and administration departments shall, within 45 days since the receipts of the reports, make the examination decisions, and notify the construction units in writing. The specific measures shall be stipulated by the department of the State Council in charge of supervision and administration on production safety.
The safety conditions of the new construction, reconstruction and expansion of the port construction projects of storing, loading and unloading hazardous chemicals shall be examined by the port administration departments in accordance with the provisions of the transport administration department of the State Council.
Article 13 The units manufacturing or storing hazardous chemicals shall set up prominent signs on the hazardous chemicals tubes laid by them, and inspect and test the hazardous chemicals tubes on regular basis.
In case of conducting constructions that may jeopardize the safety of hazardous chemicals tubes, the construction units shall notify the units which own the tubes 7 days before the commencement of the construction, and jointly with the units owning the tubes, make emergency pre-proposals and take corresponding safety protection measures. The units owning the tubes shall assign specialized personnel to provide on-site guidance on the safety protection of tubes.
Article 14 The enterprises manufacturing hazardous chemicals shall, before conducting manufacture, obtain hazardous chemicals production safety licenses according to the provisions of the "Regulations on Production Safety Licenses".
The enterprises manufacturing hazardous chemicals which are listed in the list of industrial products, on which the State carries out production licensing system, shall, in accordance with the provisions of the "Regulations of the PRC on the Administration of Production License for Industrial Products", obtain production licences for industrial products.
The departments responsible for issuing hazardous chemicals production safety licenses and production licenses for industrial products shall timely report the status on its issuance of licenses to the administrative departments in charge of industry and information and environmental protection and the public security organs at the same level.
Article 15 The manufacturers of hazardous chemicals shall provide the technical specifications for the safety of chemicals in full accord with hazardous chemicals manufactured by them, and shall affix or hang the safety signs for chemicals on the packing materials (including external packaging materials) in full accord with hazardous chemicals in the packing materials. The contents of the technical specifications for safety of chemicals and the safety signs for chemicals shall meet the requirements of national standards.
When finding that hazardous chemicals manufactured by them have new hazard characteristics, the enterprises manufacturing hazardous chemicals shall make public announcements forthwith, and modify the technical specifications for safety and the safety signs in time.
Article 16 The enterprises manufacturing hazardous chemicals on which key environmental administration is carried out shall, according to the regulations of the administrative department of the State Council in charge of environmental protection, report the relevant information concerning the release of such hazardous chemicals to the environment to the environmental protection administration department.
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Order of the State Council of the people's Republic of China No.645
December 7, 2013
(Promulgated according to the Order of the State Council of the people's Republic of China No.344 on January 26, 2002; revised at at the 144th Standing Committee Meeting of the Sate Council on February 16, 2011; revised further according to Decision of the State Council on Revising Some Administrative Regulations on December 7, 2013)
Chapter I General Provisions
Article 1 In order to strengthen the administration on the safety of hazardous chemicals, to prevent and reduce hazardous chemicals accidents, to guarantee the safety of people's life and property and to protect the environment, these Regulations are hereby enacted.
Article 2 The administration on the safety of production, storage, use, operation and transportation of hazardous chemicals apply to these Regulations.
Disposal of the wasted hazardous chemicals shall be governed by laws, administrative regulations and relevant regulations of the State concerning environmental protection.
Article 3 "Hazardous chemicals" as referred to herein include hyper-toxic chemicals and other chemicals with the nature of toxic hazard, corrosiveness, explosiveness, flammability and combustion-supporting, which are dangerous to human body, facilities and environment.
The list of hazardous chemicals shall be determined, announced and adjusted from time to time according to the criteria on identification and classification of the hazard characteristics of chemicals by the production safe supervision and administration department of the State Council jointly with the administrative departments of the State Council in charge of industry and information, public security, environmental protection, health, quality supervision, inspection and quarantine, transport, railway, civil aviation, and agriculture, etc.
Article 4 The administration of safety of hazardous chemicals shall follow the principles of "safety as the first concern, prevention as the main focus, making comprehensive control", and strengthen and carry out the subject responsibilities of enterprises.
The personnel chiefly in charge of the units that manufacture, store, use, deal in or transport the hazardous chemicals (hereinafter referred to as the "units of hazardous chemicals") shall take full responsibilities for the safety administration of their own hazardous chemicals.
The units of hazardous chemicals shall have the safety conditions stipulated by laws and administrative regulations and required by national standards and industrial standards, establish,amplify safety administration regulations and post safety responsibility system, and conduct safety and relevant laws educations and professional skills trainings. The working staff shall receive education and trainings, and can only hold the posts after passing the examination. For the posts requiring relevant qualifications, the personnel legally obtaining the corresponding qualifications shall be appointed.
Article 5 Any units and individuals shall not manufacture, deal in or use those hazardous chemicals, the manufacturing, operation and use of which are prohibited by the State.
If the State has any limited regulations on the use of any hazardous chemicals, any units and individuals shall not violate such limitation regulations to use the hazardous chemicals.
Article 6 The relevant departments in charge of supervision and administration of the manufacture, storage, use, operation and transportation of hazardous chemicals (hereinafter referred to as "hazardous chemicals production safety supervision and administration departments") shall fulfil their responsibilities according to the following provisions:
1. The production safety supervision and administration departments shall be in charge of the overall work of supervision and administration of safety of hazardous chemicals, shall organize to determine, publicly announce and adjust the list of hazardous chemicals, inspect the safety conditions of those construction projects such as newly establishing, reconstructing or enlarging the manufacture and storage facilities of hazardous chemicals (including using long pipelines to transport hazardous chemicals, hereinafter inclusive), take the responsibilities of issuing hazardous chemicals safe production licenses, hazardous chemicals safe use permits and licenses for dealing in hazardous chemicals, and also take charge of the registration of hazardous chemicals.
2. The public security organs shall be responsible for the administration on public security of hazardous chemicals and the issuance of hyper-toxic chemicals purchase licenses and road transportation passes for hyper-toxic chemicals, and be responsible for supervision over the safety of the road transportation vehicles of hazardous chemicals.
3. The administrative departments of quality supervision, inspection and quarantine shall be responsible for issuing production licenses for industrial products to enterprises manufacturing hazardous chemicals and their packing materials and containers (excluding the fixed large containers storing hazardous chemicals), shall conduct supervision over the quality of the products of the above manufacturers pursuant to laws, and make inspections on imported and exported hazardous chemicals and their packaging.
4. The administrative departments of environmental protection shall be responsible for supervising and administering the disposal of wasted hazardous chemicals, organize the appraisal on the hazards of hazardous chemicals on environments and the environment pollution risk evaluation, determine the list of hazardous chemicals concerning which environment administration should be greatly emphasized, and shall be responsible for the registration of the environment administration of hazardous chemicals and new chemicals. Such departments shall also investigate the relevant dangerous chemical pollution accidents and the ecological damage incidents according to their duties, and shall be responsible for the emergency environment monitoring of the sites of hazardous chemicals accidents.
5. The administrative departments of transportation shall take charge of the safety administration on hazardous chemicals road transportation or waterway transportation permits and transportation vehicles, conduct supervisions on the safety of waterway transportation of hazardous chemicals, and shall be responsible for the qualifications of the drivers, crew members, loading and unloading personnel, transport escorts, declarers, and the staff conducting on-site inspection on the containers packing of the hazardous chemicals of the road transportation enterprises and waterway transportation enterprises. The railway regulation department shall be responsible for the safety administration of railway transportation of hazardous chemicals and the transportation vehicles thereof. The administrative departments of civil aviation shall be responsible for the air transportation of hazardous chemicals and safety administration of air transportation enterprises and their transportation vehicles.
6. The health administration departments shall be responsible for the administration on the authentication of toxicity of hazardous chemicals, and be responsible for organizing and coordinating the medical rescue of the injured caused by the accidents of hazardous chemicals.
7. The administrations for industry and commerce (AICs) shall, in accordance with the approvals or licenses issued by relevant departments, issue the business licenses for units that manufacture, store, deal in, or transport hazardous chemicals, and investigate the activities of illegally purchasing hazardous chemicals by enterprises dealing in hazardous chemicals and impose relevant punishments on such enterprises.
8. The post administration departments shall be responsible for investigating the acts of sending hazardous chemicals by post and imposing relevant punishments pursuant to laws.
Article 7 The safety of hazardous chemicals supervision and administration departments may take the following measures to conduct supervision and examination pursuant to laws:
1. To enter into the operating sites of hazardous chemicals to make spot examinations, to learn the relevant information form the units and personnel concerned, and to refer to and reproduce the relevant documents and materials;
2. To order the parties concerned to eliminate the hidden risks of accidents of hazardous 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, equipments, fittings, apparatus, and means of transport that fail to satisfy the relevant laws, administrative regulations, rules, or national standards or industrial standards;
4. After being approved by the main responsible personnel of the departments, to seal up the places where hazardous chemicals are illegally manufactured, stored, used and dealt in, to seize illegally manufactured, stored, used, dealt or transported hazardous chemicals as well as the raw materials, equipments and transportation means used in the manufacture, use and transportation of hazardous chemicals;
5. To make corrections on the spot, or to order the parties concerned to make corrections within a specified time limit when discovering any illegal acts which may affect the safety of hazardous chemicals.
The safety of hazardous chemicals supervision and administration departments shall conduct supervision and inspection pursuant to laws. The supervision and inspection personnel shall be at least two persons, and shall produce their certificates when conducting inspections. The relevant units and individuals shall give relevant cooperation to the legally conducted supervision and inspection and shall not refuse or hinder the supervision and inspection.
Article 8 The people's governments at county level shall establish the coordination mechanism on the supervision and administration of safety of hazardous chemicals, support and urge the safety of hazardous chemicals supervision and administration departments to perform their duties pursuant to laws, and coordinate and resolve the main problems occurred during the supervision and administration on safety of hazardous chemicals.
The safety of hazardous chemicals supervision and administration departments shall coordinate with each other, closely cooperate, and strengthen supervision and administration over the safety of hazardous chemicals pursuant to laws.
Article 9 Any units and individuals shall have the right to report the acts violating the provisions of these Regulations to the safety of hazardous chemicals supervision and administration departments. Such departments shall, upon receipt of the report, timely deal with it pursuant to laws. If the reported act is beyond the duties of the departments, the departments shall forward it to the departments concerned in a timely manner.
Article 10 The State encourages the enterprises manufacturing hazardous chemicals and the enterprises using hazardous chemicals to conduct production to adopt advanced techniques, crafts, equipments and automatic control system useful for improving security level, and encourage them to conduct specialized storage, unified distribution and centralized sales on hazardous chemicals.
Chapter II Manufacture and Storage Safety
Article 11 The State carries out unified planning and rational arrangement on the manufacture and storage of hazardous chemicals.
The department of the State Council in charge of industry and information and other relevant departments of the State Council shall, according to their respective duties, take responsibilities for the industrial planning and arrangement on the manufacture and storage of hazardous chemicals.
When making the overall urban and rural planning, the local people's governments shall, according to the local actual situation and based on the principle of ensuring safety, allocate appropriate areas to be specialized for manufacture and storage of hazardous chemicals.
Article 12 The safety conditions of the new construction, reconstruction or expansion of an enterprise for manufacture or storage of hazardous chemicals (hereinafter referred to as "construction projects") must be examined by the production safety supervision and administration departments.
The construction units shall demonstrate the safety conditions of the construction projects, entrust institutes with qualifications required by the State to conduct safety evaluation, and submit the report on the safety conditions demonstration and safety evaluation to the production safety supervision and administration departments of the people's governments above municipality (with districts) level where the construction projects are located. The production safety supervision and administration departments shall, within 45 days since the receipts of the reports, make the examination decisions, and notify the construction units in writing. The specific measures shall be stipulated by the department of the State Council in charge of supervision and administration on production safety.
The safety conditions of the new construction, reconstruction and expansion of the port construction projects of storing, loading and unloading hazardous chemicals shall be examined by the port administration departments in accordance with the provisions of the transport administration department of the State Council.
Article 13 The units manufacturing or storing hazardous chemicals shall set up prominent signs on the hazardous chemicals tubes laid by them, and inspect and test the hazardous chemicals tubes on regular basis.
In case of conducting constructions that may jeopardize the safety of hazardous chemicals tubes, the construction units shall notify the units which own the tubes 7 days before the commencement of the construction, and jointly with the units owning the tubes, make emergency pre-proposals and take corresponding safety protection measures. The units owning the tubes shall assign specialized personnel to provide on-site guidance on the safety protection of tubes.
Article 14 The enterprises manufacturing hazardous chemicals shall, before conducting manufacture, obtain hazardous chemicals production safety licenses according to the provisions of the "Regulations on Production Safety Licenses".
The enterprises manufacturing hazardous chemicals which are listed in the list of industrial products, on which the State carries out production licensing system, shall, in accordance with the provisions of the "Regulations of the PRC on the Administration of Production License for Industrial Products", obtain production licences for industrial products.
The departments responsible for issuing hazardous chemicals production safety licenses and production licenses for industrial products shall timely report the status on its issuance of licenses to the administrative departments in charge of industry and information and environmental protection and the public security organs at the same level.
Article 15 The manufacturers of hazardous chemicals shall provide the technical specifications for the safety of chemicals in full accord with hazardous chemicals manufactured by them, and shall affix or hang the safety signs for chemicals on the packing materials (including external packaging materials) in full accord with hazardous chemicals in the packing materials. The contents of the technical specifications for safety of chemicals and the safety signs for chemicals shall meet the requirements of national standards.
When finding that hazardous chemicals manufactured by them have new hazard characteristics, the enterprises manufacturing hazardous chemicals shall make public announcements forthwith, and modify the technical specifications for safety and the safety signs in time.
Article 16 The enterprises manufacturing hazardous chemicals on which key environmental administration is carried out shall, according to the regulations of the administrative department of the State Council in charge of environmental protection, report the relevant information concerning the release of such hazardous chemicals to the environment to the environmental protection administration department.
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