Administrative Regulations on the Safety of Fireworks and Firecrackers (Revised in 2016)

Order of the State Council of the People's Republic of China No.666

February 6, 2016

(Promulgated by the Order of the State Council of the People's Republic of China No.455 on January 21, 2006; and revised in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)

Chapter I General Provisions

Article 1 This Regulation is formulated in order to strengthen the safety administration of fireworks and firecrackers, prevent blasting accidents and safeguard public security as well as personal and property safety.

Article 2 The production, business operation, transport and lighting of fireworks and firecrackers shall be governed by this Regulation.
The "fireworks and firecrackers" as mentioned in this Regulation refers to the products of fireworks and firecrackers as well as the black powder, gunpowder and firing lines, etc. for civil uses.

Article 3 The State applies a licensing system to the production, business operation and transport of fireworks and firecrackers as well as the holding of fireworks evening parties or other large-scale fireworks shows.
An entity or individual without approval shall not produce, deal in or transport fireworks and firecrackers or hold a fireworks evening party or any other large-scale fireworks show.

Article 4 The supervisory and administrative department for work safety shall be responsible for the supervision and administration of work safety regarding fireworks and firecrackers. The public security organ shall be responsible for the public security management regarding fireworks and firecrackers. And the quality supervisory and inspection department shall be responsible for the quality supervision and import-export inspection of fireworks and firecrackers.

Article 5 The public security organ, the supervisory and administrative department for work safety, the quality supervisory and inspection department and the administrative department for industry and commerce shall, in light of the division of functions, organize the investigation and punishment of illegal production, business operation, storage, transport or mailing of fireworks and firecrackers and of the illegal lighting of fireworks and firecrackers.

Article 6 The main principal of an enterprise producing, dealing in or transporting fireworks and firecrackers or the entity holding a fireworks evening party or any other fireworks show shall take charge of the safety work of his own entity relating to the fireworks and firecrackers.
An enterprise producing, dealing in or transporting fireworks and firecrackers or the entity holding a fireworks evening party or any other fireworks show shall establish and improve a safety responsibility system, formulate various safety management systems and operational rules, and regularly carry out safety-related education, legal education and on-the- job technical training to the operational staff.
The All China Federation of Supply and Marketing Cooperatives shall strengthen the administration of business operations regarding fireworks and firecrackers of the enterprises within its own system.

Article 7 The State encourages enterprises that produce fireworks and firecrackers to adopt new techniques, new formula and new technologies that can enhance the safety degree and increase the level of the whole industry.

Chapter II Work Safety

Article 8 An enterprise that produces fireworks and firecrackers shall meet the following conditions:
(1)It shall conform to the local planning on industrial structure;
(2)Its basic construction projects have been approved;
(3)Its site selection shall conform to the town-country planning and have a necessary safe distance from surrounding buildings and facilities;
(4)The design, structure and materials of its plants and warehouses as well as its fireproof, lightning-proof, static-proof and other safety facilities and equipment shall conform to the relevant criteria and norms of the state;
(5)Its production equipment and techniques shall conform to the safety standards;
(6)The types, specifications and quality of its products shall conform to the national standards;
(7)It shall have a sound responsibility system regarding work safety;
(8)It shall have a management organ for work safety and the full-time persons for the management of work safety;
(9)It shall have gone through safety appraisal according to law;
(10)It shall have an advance emergency handling and rescuing scheme for accidents, emergency handling and rescuing organization and personnel as well as necessary emergency handling and rescuing equipment and facilities; and
(11)Any other condition as prescribed by laws or regulations.

Article 9 An enterprise that produces fireworks and firecrackers shall, before going on stream, file an application for safety examination with the supervisory and administrative department for work safety under the people's government of the local districted city, and submit the relevant materials that can prove that the conditions prescribed in Article 8 of this Regulation are met. The supervisory and administrative department for work safety under the people's government of the local districted city shall put forward the preliminary safety examination opinions within 20 days upon receipt of the materials and submit them to the supervisory and administrative department for work safety under the people's government of the province, autonomous region or municipality directly under the Central Government for examination. The supervisory and administrative department for work safety under the people's government of the province, autonomous region or municipality directly under the Central Government for examination shall carry out the safety examination within 45 days upon receipt of the application, and shall issue upon verification a License for Work Safety of Fireworks and Firecrackers if the conditions are met, or shall explain the reasons if the conditions are not met.

Article 10 An enterprise that produces fireworks and firecrackers shall apply for a license for work safety under this Regulation if it carries out basic constructions or technical reconstruction in order to expand its production capacity.
An enterprise that produces fireworks and firecrackers shall not engage in the production of fireworks and firecrackers before it handles the registration formalities at the administrative department for industry and commerce upon the strength of a License for Work Safety of Fireworks and Firecrackers.

Article 11 An enterprise that produces fireworks and firecrackers shall put itself into production in light of the types of products as verified in the license for work safety, and its producing procedures and activities shall conform to the relevant national and industrial standards.

Article 12 An enterprise that produces fireworks and firecrackers shall carry out the education on work safety to its working staff, and carry out professional technical trainings to those working staff for such dangerous working procedures as mixing, granulating, filtrating, filling, ramming, pressing and cutting and moving the powder. No working staff member for dangerous working procedures may go to work before he passes the examination of the supervisory and administrative department for work safety under the people's government of the local districted city.

Article 13 The raw materials used for producing fireworks and firecrackers shall conform to the national standards, and shall not exceed the prescribed dosage if there is such restriction in the national standards. No material that is prohibited from using or mating by the national standards may be used for producing fireworks and firecrackers.

Article 14 An enterprise that produces fireworks and firecrackers shall, in accordance with the provisions in the national standards, indicate the lighting instructions on the products of fireworks and firecrackers, and print the warning marks of flammable and explosive dangerous goods on the packages of fireworks and firecrackers.

Article 15 An enterprise that produces fireworks and firecrackers shall take necessary safety technical measures for keeping the black powder, gunpowder and firing lines and establish a registration system for the purchasing, obtaining and selling thereof so as to prevent the loss of black powder, gunpowder or firing lines; and shall timely report to the local supervisory and administrative department for work safety and public security organ in the case of any loss of black powder, gunpowder or firing lines.

Chapter III Operation Safety

Article 16 The business operations of fireworks and firecrackers can be divided into the wholesale and the retail thereof.
An enterprise that engages in the wholesale of fireworks and firecrackers as well as a business network for the retail of fireworks and firecrackers shall be subject to the examination and approval of the supervisory and administrative department for work safety.
No business place for the wholesale of fireworks and firecrackers may be set up in the downtown; and the business networks for the retail of fireworks and firecrackers shall be reasonably set up in accordance with the principle of rigid control.

Article 17 An enterprise that engages in the wholesale of fireworks and firecrackers shall meet the following conditions:
(1)It shall have the qualification for enterprise legal persons;
(2)Its business places shall have a necessary safe distance from surrounding buildings and facilities;
(3)It shall have business places and warehouses in line with the national standards;
(4)It shall have store-men and storekeepers;
(5)It shall have gone through safety appraisal according to law;
(6) It shall have an advance emergency handling and rescuing scheme for accidents, emergency handling and rescuing organization and personnel as well as necessary emergency handling and rescuing equipment and facilities; and
(7)Any other condition as prescribed by laws or regulations.

Article 18 A retailer of fireworks and firecrackers shall meet the following conditions:
(1)Its main principal shall have received the education on safety knowledge;
(2)It shall carry out store selling or counter selling, and shall arrange a special person for safety administration;
(3)There shall be necessary fire-control equipment and eye-catching safety warning marks posted in the business places; and
(4)Any other condition as prescribed by laws or regulations.

Article 19 An enterprise that applies for the wholesale of fireworks and firecrackers shall file an application with the supervisory and administrative department for work safety under the people's government of the districted city where it is located, and submit the relevant materials that can prove that the conditions prescribed in Article 17 of this Regulation are met. The supervisory and administrative department for work safety that has accepted the application shall examine the relevant materials as submitted and the business places within 30 days upon receipt of the application and issue upon verification a License for the Business Operation (Wholesale) of Fireworks and Firecrackers if the conditions are met, or shall explain the reasons if the conditions are not met.
An enterprise that applies for the retail of fireworks and firecrackers shall file an application with the supervisory and administrative department for work safety under the people's government of the local districted city, and submit the relevant materials that can prove that the conditions prescribed in Article 18 of this Regulation are met. The supervisory and administrative department for work safety that has accepted the application shall examine the relevant materials as submitted and the business places within 20 days upon receipt of the application and issue upon verification a License for the Business Operation (Retail) of Fireworks and Firecrackers if the conditions are met, or shall explain the reasons if the conditions are not met.
A License for the Business Operation (Retail) of Fireworks and Firecrackers shall state the person-in-charge for business operations, the selection of business places, the management time limit, the types of fireworks and firecrackers and the restrictive storage amount.

Article 20 An enterprise that engages in the wholesale of fireworks and firecrackers shall purchase fireworks and firecrackers from the enterprises producing fireworks and firecrackers and supply fireworks and firecrackers for those retailers of fireworks and firecrackers. An enterprise that engages in the retail of fireworks and firecrackers shall purchase fireworks and firecrackers from the enterprises engaging in the wholesale of fireworks and firecrackers.
An enterprise engaging in the wholesale of fireworks and firecrackers or a retailer of fireworks and firecrackers shall not purchase or sell the fireworks and firecrackers that are illegally produced or dealt in.
An enterprise engaging in the wholesale of fireworks and firecrackers shall not supply the fireworks and firecrackers that should be lighted by professional persons according to the national standards to the retailers of fireworks and firecrackers. A retailer of fireworks and firecrackers shall not sell fireworks and firecrackers that should be lighted by professional persons according to the national standards.

Article 21 An enterprise that produces or deals in black powder, gunpowder or firing lines shall not sell black powder, gunpowder or firing lines to any entity or individual that has not obtained a license for work safety of fireworks and firecrackers.

Chapter IV Transport Safety

Article 22 The transport of fireworks and firecrackers by road shall be approved by the public security organ.
The transport of fireworks and firecrackers by railway, waterway or air shall be conducted according to the relevant laws, regulations and rules for the safety administration of railway, waterway or air transport.

Article 23 For the transport of fireworks and firecrackers by road, the shipper shall file an application with the public security organ under the people's government at the county level at the locality of the destination, and shall submit the following relevant materials:
(1)the qualification certificate of the carrier for the transport of dangerous goods;
(2)the qualification certificates of the driver and supercargo for the transport of dangerous goods;
(3)the road transport certificates of the vehicles for the transport of dangerous goods;
(4)the qualification certificate of the shipper for the production or business operation of fireworks and firecrackers;
(5)the purchase and sales contracts on fireworks and firecrackers, and the types, specifications and quantity of fireworks and firecrackers to be transported;
(6) the certificate on the qualified quality of products of fireworks and firecrackers and the certificate on the qualified packages; and
(7)the plate numbers of transporting vehicles, the time for the transportation, departure and terminal points, routes and stops.

Article 24 The public security organ that accepts such an application shall examine the relevant materials as submitted within three days upon receipt of the application, and issue upon verification a License for the Transport of Fireworks and Firecrackers by Road if the conditions are met, or shall explain the reasons if the conditions are not met.
A License for the Transport of Fireworks and Firecrackers by Road shall state the shipper, carrier, the valid term for one-off transport, departure and terminal points, routes, stops, as well as the types, specifications and quantity of the fireworks and firecrackers.

Article 25 The transport of fireworks and firecrackers by road shall be governed by the following provisions in addition to the Law of the People's Republic of China on Road Traffic Safety:
(1)A License for the Transport of Fireworks and Firecrackers shall be carried along with the vehicles;
(2)No matter may be handled against the transport licensing;
(3)The transporting vehicles shall be hung with or have warning marks of flammable and explosive dangerous goods in line with the national standards;
(4)The loading and unloading of fireworks and firecrackers shall conform to the relevant standards and rules of the state;
(5)No person may be carried in any compartment containing fireworks and firecrackers;
(6)The transporting vehicles shall be driven within the restricted speed, and shall be guarded by special persons when stopping on the way; and
(7)Necessary measures shall be immediately taken and a report shall be given to the public security organ in the case of any emergency.

Article 26 After the fireworks and firecrackers are transported to the destination, the consignee shall, within 3 days, give back the License for the Transport of Fireworks and Firecrackers by Road to the license issuing organ for cancellation upon verification.

Article 27 People are prohibited from getting on public transport vehicles by carrying fireworks and firecrackers.
It is prohibited to post fireworks and firecrackers or secretly carry fireworks and firecrackers within the luggage, packages or mails as consigned.

Chapter V Lighting Safety

Article 28 The lighting of fireworks and firecrackers shall be governed by the relevant laws, regulations and rules. The people's government at or above the county level may, in light of the actual situation of its own jurisdiction, determine the time and place at which the fireworks and firecrackers are prohibited from lighting as well as the types of fireworks and firecrackers that are prohibited from lighting.

Article 29 The people's governments at all levels and the relevant governmental departments shall carry out social publicity activities to instruct citizens to abide by the relevant laws, regulations and rules and safely light the fireworks and firecrackers.
The radio, television, newspaper and other news media shall do a good job in the work relating to the propaganda and education regarding the safe lighting of fireworks and firecrackers.
The guardians of a minor shall instruct the minor to safely light fireworks and firecrackers.

Article 30 It is prohibited to light fireworks and firecrackers at any of the following places:
(1)the culture relics preservation entities;
(2)the stations, docks, airports and other traffic hinges as well as the railway lines safety protection areas;
(3)the entities for producing or storing flammable and explosive goods;
(4)the safety protection areas of power transmission and transformation facilities;
(5)the medical institutions, kindergartens, primary and middle schools or the homes for the aged;
(6)the mountain forests, grasslands or other key areas against fire; and
(7)other places at which the lighting of fireworks and firecrackers is prohibited by the people's government at or above the county level.

Article 31 The fireworks and firecrackers shall be lighted in accordance with the lighting instructions and shall not be lighted in any means that will endanger the public security or personal or property safety.

Article 32 To hold a fireworks evening party or large-scale fireworks show, the danger grade shall be determined and the graded administration shall be adopted in light of the time, place, environment, the nature and scale of the activity, as well as the types, specifications and quantity of fireworks and firecrackers to be lighted. The specific measures for graded administration shall be formulated by the public security organ under the State Council.

Article 33 To apply for holding a fireworks evening party or large-scale fireworks show, the handling entity shall file an application with the public security organ under the people's government in accordance with the provisions on graded administration, and submit the following relevant materials:
(1)the time, place, environment, as well as the nature and scale of the fireworks evening party or large-scale fireworks show to be held;
(2)the types, specifications and quantity of fireworks and firecrackers to be lighted;
(3)the lighting scheme; and
(4)the certificates that can prove that the handling entity and personnel for lighting are in line with the industrial standards.
The public security organ that accepts such an application shall examine the relevant materials as submitted within 20 days upon receipt of the application, and issue upon verification a License for the Lighting of Fireworks if the conditions are met, or shall explain the reasons if the conditions are not met.

Article 34 The lighting operational entity and personnel for a fireworks evening party or large-scale fireworks show shall carry out the lighting in accordance with the rules for the safety of fireworks lighting and the lighting scheme as approved.

Article 35 The public security organ shall strengthen the supervision and inspection of fireworks evening parties or large-scale fireworks shows with high risk.

Chapter VI Legal Liabilities

Article 36 In case any entity or individual produces or deals in the products of fireworks and firecrackers or sells black powder, gunpowder or firing lines to another entity or individual that has not obtained the license for work safety of fireworks and firecrackers, the supervisory and administrative department for work safety shall order it/him to stop the illegal production or business operations, impose a fine of 20,000 yuan up to 100,000 yuan and confiscate the articles for illegal production or business operations as well as the illegal gains.
In case any entity or individual transports fireworks and firecrackers by road without approval, the public security organ shall order it/him to stop the illegal transport, impose a fine of 10,000 yuan up to 50,000 yuan and confiscate the illegally transported articles and the illegal gains.
Any entity or individual that illegally produces, deals in or transports fireworks and firecrackers and constitutes a violation of public security management shall be given a penalty of public security management, and shall be subject to criminal liabilities if a crime is constituted.

Article 37 In case an enterprise that produces fireworks and firecrackers commits any of the following acts, the supervisory and administrative department for work safety shall order it to make correction within the time limit and impose a fine of 10,000 yuan up to 50,000 yuan on it; if it refuses to make corrections within the time limit, it shall be ordered to stop production for rectification, and its license for work safety shall be revoked if the circumstance is serious:
(1)It fails to carry out production according to the types of products as verified in the license for work safety;
(2)Its producing procedures or activities do not conform to the relevant national or industrial standards;
(3)It hires persons who do not pass the examination of the supervisory and administrative department for work safety under the people's government of the local districted city for engaging in dangerous production activities;
(4)The raw materials used for producing fireworks and firecrackers do not conform to the national standards, or the raw materials used exceed the prescribed dosage in the national standards;
(5)It uses materials which are prohibited from using or mating by the national standards for producing fireworks and firecrackers; or
(6)It fails to indicate the lighting instructions on the fireworks and firecrackers as prescribed by the national standards or fails to print the warning marks of flammable and explosive dangerous goods on the packages of fireworks and firecrackers.

Article 38 In case an enterprise engaging in the wholesale of fireworks and firecrackers supplies the fireworks and firecrackers that are illegally produced or dealt in to the retailers of fireworks and firecrackers, or supplies the fireworks and firecrackers that should be lighted by professional persons according to the national standards, the supervisory and administrative department for work safety shall order it to stop the illegal act, impose a fine of 20,000 yuan up to 100,000 yuan on it and confiscate its articles for illegal business operations and its illegal gains; and shall revoke its license for the business operation of fireworks and firecrackers if the circumstance is serious.
In case a retailer of fireworks and firecrackers sells the fireworks and firecrackers that are illegally produced or dealt in or that shall be lighted by professional persons according to the national standards, the supervisory and administrative department for work safety shall order it/him to stop the illegal act, impose a fine of 1,000 yuan up to 5,000 yuan and confiscate the articles for illegal business operations and the illegal gains; and shall revoke the license for the business operation of fireworks and firecrackers if the circumstance is serious.

Article 39 In case an enterprise that produces, deals in or uses black powder, gunpowder or firing lines loses black powder, gunpowder or firing lines and fails to timely report it to the local supervisory and administrative department for work safety or the public security organ, the public security organ shall impose a fine of 5,000 yuan up to 20,000 yuan on the person in-charge of the enterprise and recover the lost articles.

Article 40 In case the fireworks and firecrackers are transported by road and any of the following acts is committed, the public security organ shall order to make correction, and impose a fine of 200 yuan up to 2,000 yuan:
(1)Any matter is handled against the transport licensing;
(2)A License for the Transport of Fireworks and Firecrackers by Road is not carried along with the vehicles;
(3)The transporting vehicles are not hung with or do not have warning marks of flammable and explosive dangerous goods in line with the national standards;
(4)The loading or unloading of fireworks and firecrackers does not conform to the relevant standards and rules of the state;
(5)A compartment containing fireworks and firecrackers carries persons;
(6)The vehicles are driven by exceeding the restricted speed as set for the vehicles transporting dangerous goods;
(7)The transporting vehicles are not guarded by special persons when stopping on the way; or
(8)The License for the Transport of Fireworks and Firecrackers by Road fails to be given back to the license issuing organ for cancellation upon verification after the fireworks and firecrackers are transported to the destination.

Article 41 In case anyone gets on public transport vehicles by carrying fireworks and firecrackers or posts fireworks and firecrackers or secretly carries fireworks and firecrackers within the luggage, packages or mails as consigned, the public security organ shall confiscate the illegally carried, posted or secretly carried fireworks and firecrackers, and may impose a fine of 200 yuan up to 1,000 yuan.

Article 42 In case a fireworks evening party or large-scale fireworks show is held without approval, or the lighting operational entity or personnel for a fireworks evening party or large-scale fireworks show carry out the lighting against the rules for the safety of fireworks lighting or the lighting scheme, the public security organ shall order to stop the lighting and impose a fine of 10,000 yuan up to 50,000 yuan.
In case the fireworks and firecrackers are lighted at the time or place prohibited or in a means that will endanger the public security or personal and property safety, the public security organ shall order to stop the lighting and impose a fine of 100 yuan up to 500 yuan, and shall give a penalty of public security management if a violation of public security management is constituted.

Article 43 The illegal fireworks and firecrackers as confiscated as well as the worn-out fireworks and firecrackers discarded by the enterprises for production or business operations shall be sealed up for keeping on the spot, and be destroyed and disposed under the organization of the public security organ.

Article 44 In case any functionary in the supervisory and administrative department for work safety, the public security organ, the quality supervisory and inspection department or the administrative department for industry and commerce misuses his authorities, neglects his duties, seeks for private interests or resorts to fraud in the supervisory work relating to the safety of fireworks and firecrackers and his act constitutes a crime, he shall be subject to criminal liabilities; or shall be subject to administrative sanctions if a crime is not constituted yet.

Chapter VII Supplementary Provisions

Article 45 The formats of the License for Work Safety of Fireworks and Firecrackers, the License for the Business Operation (Wholesale) of Fireworks and Firecrackers as well as the License for the Business Operation (Retail) of Fireworks and Firecrackers shall be prescribed by the supervisory and administrative department for work safety under the State Council; and the formats of the License for the Transport of Fireworks and Firecrackers by Road and the License for the Lighting of Fireworks shall be prescribed by the public security organ under the State Council.

Article 46 This Regulation shall come into force as of the date of promulgation.