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. The environmental protection administration department shall take corresponding environment risk control measures according to the specific situation.

Article 17 The packaging of hazardous chemicals must accord with laws, administrative regulations and rules, and satisfy the requirements of the national standards and industrial standards.
The material of the packaging and containers of hazardous chemicals, and the models, specifications, methods and unit quality (weight) shall be adapted to the nature and purposes of the packaged hazardous chemicals.

Article 18 The enterprises manufacturing the packing materials and containers of the hazardous chemicals in the list of industrial products on which the State carries out manufacture licensing system shall, in accordance with the provisions of the "Regulations of the PRC on the Administration of Production License for Industrial Products", obtain the production licenses for industrial products. The packing materials and containers of hazardous chemicals manufactured by them shall not be put into market until such packing materials and containers are examined as qualified by the examination institutes admitted by the administration department of the State Council in charge of quality supervision, inspection and quarantine.
The vessels transporting hazardous chemicals and the containers shipped by the vessels shall be manufactured in accordance with the vessel inspection criteria of the State, and shall not be used until being examined as qualified through inspection by the vessel inspection institutes admitted by maritime affairs regulatory authorities.
The packing materials and containers for repeated use shall be inspected before being used. If any hidden threat against safety is discovered, such packing materials and containers shall be repaired or replaced. The using units shall record the inspection situations and such record shall be kept for at least two years.

Article 19 The distance between the hazardous chemicals manufacturing installations or storage facilities the hazardous chemicals stored in which constitute serious hazard sources in quantity (except the oil fuelling stations for means of transport and gas stations) and the following places and areas must satisfy the national standards or the relevant provisions of the State:
1. Resident estates, commercial centres, parks, and other densely inhabited districts;
2. Schools, hospitals, cinemas, stadiums, gymnasiums, and other public facilities;
3. Drinking water supply sources, water plants, and water source protection zones;
4. Stations, docks (excluding those specialized for loading and unloading of hazardous chemicals upon approval according to the relevant provisions of the State), airports and communication main lines, communication hubs, railway lines, road main lines, waterway main lines, wind booths, entrance, and exit of underground railways;
5. The basic farmland protection zones, basic grassland, livestock and poultry genetic resources conservation area, livestock and poultry large-scale farms (farming community), 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 places, facilities and areas to be protected by laws and administrative regulations.
In case that the built hazardous chemicals manufacturing installations or storage facilities constituting serious hazard sources in quantity do not fulfil the provisions of the preceding paragraph, the production safety supervision and administration departments of the local people's governments at municipality (with districts) level, jointly with other relevant departments, shall supervise the units owning such facilities to make rectification and improvement within a specified time limit. The change of production lines, the stoppage of production, the move or shutdown, if needed, shall be determined and carried out by the people's governments at the same levels.
The location of the hazardous chemicals storage facilities whose storage quantity constitutes serious hazard sources shall keep far away from the seismic active faults or the areas where flood or geologic hazards likely take place.
"Serious hazard sources" as referred to herein means cells (including places and installations) in which the hazardous chemicals are manufactured, stored, used, or moved, and the quantity of hazardous chemicals is equal to or exceeds the threshold quantity.

Article 20 The units manufacturing or storing hazardous chemicals shall, according to the varieties and hazard characteristics of hazardous chemicals, set up corresponding safety facilities and equipments for monitoring and control, ventilation, burning resistance, tempering, fireproofing, fire control, explosion protection, pressure relief, antitoxin, neutralization, moisture prevention, lightning protection, static electricity resistance, antisepsis, seep-proofing, reclamation dam protection, or isolated operation in the operating sites, regularly maintain and protect them in accordance with the national standards and industrial standards and the relevant provisions of the State to guarantee the normal use of safety facilities and equipments.
The units manufacturing or storing hazardous chemicals shall set up prominent safety warning signs in their operation sites and on the safety facilities and equipments.

Article 21 The units manufacturing or storing hazardous chemicals shall set up the communication and alarming installations in the operation sites and guarantee they keep normal applicable conditions under any circumstances.

Article 22 The enterprises manufacturing or storing hazardous chemicals shall entrust the institutes with qualifications required by the State to conduct safety evaluation on their own production safety conditions once every three years and provide safety evaluation report. The safety evaluation report shall cover a proposal to make rectification and improvement against the safety problems existed in production safety conditions.
The enterprises manufacturing or storing hazardous chemicals shall submit the safety evaluation report and the information on the implementation of the rectification proposal to the production safety supervision and administration departments of local people's governments at county level for record. Enterprises storing hazardous chemicals in any ports shall submit the safety evaluation report and the information on the implementation of the rectification proposal to the port administration department for record.

Article 23 The units manufacturing or storing hyper-toxic chemicals or the hazardous chemicals used to make explosives (hereinafter referred to as "hazardous chemicals to make explosives") shall record the quantity and flow direction of the hyper-toxic chemicals or hazardous chemicals to make explosives manufactured or stored by them according to the facts, and adopt necessary security measures to prevent hyper-toxic chemicals or hazardous chemicals to make explosives from being lost or stolen. When finding hyper-toxic chemicals or hazardous chemicals to make explosives are lost or stolen, they shall make a report to the local public security organs forthwith.
The units manufacturing or storing hyper-toxic chemicals or hazardous chemicals to make explosives shall set security departments and assign professional security personnel.

Article 24 hazardous chemicals must be stored within the specialized warehouses, places, or storage rooms (hereinafter referred to as the "specialized warehouses"), and be managed by specially assigned personnel. Hyper-toxic chemicals and other hazardous 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.
The storage means, methods, and the quantity stored must meet the national standards or the relevant regulations of the State.

Article 25 The units storing hazardous chemicals shall establish an inspection and registration system on the hazardous chemicals' entry into and exit from warehouses.
For hyper-toxic chemicals and other hazardous chemicals that constitute serious hazard sources in quantity, the storage unit shall report the information concerning the storage quantity, places and management personnel to the production safety supervision and administration department of the local people's government at county level (if stored in any port, the information shall be reported to the administration department of the port) and the public security organ for record.

Article 26 The specialized warehouses for hazardous chemicals shall satisfy the requirements of the national standards and industrial standards, and prominent signs shall be set up for these warehouses. The specialized warehouses storing hyper-toxic chemicals or hazardous chemicals to make explosives shall set corresponding technical security facilities according to the relevant regulations of the State.
The units storing hazardous chemicals shall inspect and test the safety facilities and equipments of their specialized warehouses of hazardous chemicals at regular basis.

Article 27 When the units manufacturing or storing hazardous chemicals change the line of production, halt production, shut down, or dissolve, they shall adopt effective measures to dispose of the manufacturing installations, storage facilities of their hazardous chemicals and the stored hazardous chemicals, and shall not abandon hazardous chemicals. The disposal proposal shall be submitted to the departments of the local people's government at county level in charge of supervision and administration on production safety, industry and information, and environmental protection and public security organs for record. The production safety supervision and administration department shall, together with environmental protection department and public security organ, supervise and examine the disposal, and shall order the units to make the disposal forthwith when discovering that the disposal is not made according to the relevant provisions.

Chapter III Use Safety

Article 28 For the units using hazardous chemicals, their using conditions (including crafts) shall conform to the provisions of laws and administrative regulations and satisfy the requirements of national standard and industrial standard. Such units shall, in accordance with the type and hazard characteristics of the used hazardous chemicals, the quantity and using methods, establish and amplify safety management regulations and safety operation rules on the use of hazardous chemicals to guarantee the safety use of hazardous chemicals.

Article 29 The chemical enterprises that use hazardous chemicals to conduct production and the using quantity of which has reached the stipulated quantity (excluding those enterprises belonging to hazardous chemicals manufacturing enterprises, hereinafter the same), shall obtain the safety of hazardous chemicals use permits according to the provisions of these Regulations.
The standard on the using quantity of hazardous chemicals stipulated in the preceding paragraph shall be determined and publicly announced by the department of the State Council in charge of supervision and administration on production safety together with the public security organ and the administrative department of the State Council in charge of agriculture.

Article 30 The chemicals enterprises applying for safety of hazardous chemicals use permits, besides conforming to the provisions of Article 28 of these Regulations, shall also satisfy the following conditions:
1. having professional technicians adapting to the used hazardous chemicals;
2. having safety management department and professional security personnel;
3. having the hazardous chemicals accidents emergency pre-proposal required by the State and necessary emergency rescue apparatus and equipments;
4. having conducted the safety evaluation pursuant to laws.

Article 31 The chemicals enterprises applying for safety of hazardous chemicals use permits shall file the applications to the production safety supervision and administration department of the local people's governments at municipality (with districts) level, and submit the supporting documents proving that they satisfy the conditions stipulated in Article 30 of these Regulations. The production safety supervision and administration department of the local people's governments at municipality (with districts) level shall make the examination pursuant to laws, and make the decision of approval or refusal within 45 days since the receipt of the supporting documents. If the application is approved, the safety of hazardous chemicals use permit shall be issued. If the application is refused, the applicant shall be notified in writing of the reasons.
The production safety supervision and administration department shall report the information on its issuance of safety of hazardous chemicals use permits to the environmental protection administration department and the public security organ of the same level.

Article 32 The provisions of Article 16 of these Regulations on the enterprises manufacturing hazardous chemicals on which key environmental administration is carried out shall apply to the enterprises using hazardous chemicals on which key environmental administration is carried out to conduct production. The provisions of Article 20, Article 21, the first paragraph of Article 23 and Article 27 on the units manufacturing or storing hazardous chemicals shall apply to the units using hazardous chemicals. The provisions of Article 22 on the enterprises manufacturing or storing hazardous chemicals shall apply to the enterprises using hazardous chemicals to conduct production.

Chapter IV Operation Safety

Article 33 The State carries out the licensing system for the operation of hazardous chemicals (including storage management, hereinafter the same). Without being licensed, any units and individuals shall not deal in hazardous chemicals.
Where a legally established hazardous chemicals manufacturing enterprise sells the hazardous chemicals manufactured by it within the territory of its own factory, it does not need to obtain the license for dealing in hazardous chemicals.
Where the port operators who have obtained port operation licenses according to the provisions of the Port Law of the People's Republic of China conduct hazardous chemicals storage management within the port, they do not need to obtain the licenses for dealing in hazardous chemicals.

Article 34 The enterprise dealing in hazardous chemicals shall fulfil the following qualifications:
1. the business premises shall conform to the national standards and the industrial standards. If they store hazardous chemicals, they shall also have the storage facilities conforming to the national standards and industrial standards;
2. the executive staff and the business personnel shall have received professional trainings and be qualified for holding their posts;
3. they shall have sound safety control system and regulations;
4. they shall have full-time safety management staff;
5. they shall have hazardous chemicals accidents emergency pre-proposals as required by the State and have necessary emergency rescue apparatus and equipments;
6. other qualifications stipulated by laws and regulations.

Article 35 The enterprises dealing in hyper-toxic chemicals or hazardous chemicals to make explosives shall file applications to the production safety supervision and administration departments of the local people's governments at municipality (with districts) level. The enterprises dealing in other hazardous chemicals shall file applications to the production safety supervision and administration departments of the local people's governments at county level (If the enterprise has storage facilities, it shall file applications to the production safety supervision and administration department of the local people's government at municipality (with districts) level). The applicants shall submit the supporting documents proving that they fulfil the qualifications stipulated in Article 34 of these Regulations. The production safety supervision and administration departments of the people's governments at municipality (with districts) level or the production safety supervision and administration departments of the local people's governments at county level shall examine such documents pursuant to laws, conduct on-site verification on the business premises and storage facilities of the applicants, and shall, within 30 days since the receipt of the supporting documents, make the decision of approval or refusal. If the application is approved, the licenses for dealing in hazardous chemicals shall be issued. If the application is refused, the applicant shall be notified in writing of the reasons.
The production safety supervision and administration departments of the people's governments at municipality (with districts) level and the production safety supervision and administration departments of the local people's governments at county level shall report the information on their issuance of licenses for dealing in hazardous chemicals to the environmental protection administration departments and the public security organs of the same level.
The applicants shall not deal in hazardous chemicals until they hold the licenses for dealing in hazardous chemicals to handle registration at AICs. If laws, administrative regulations or the State Council provide that approvals from other departments are also needed for dealing in hazardous chemicals, the applicants shall also hold the relevant approvals when handling registration at AICs.

Article 36 The enterprises dealing in hazardous chemicals, for the purpose of storing such chemicals, shall abide by the relevant provisions concerning the storage of hazardous chemicals in Chapter II herein. Shops of hazardous chemicals shall only store fractional packages of hazardous chemicals for civil use.

Article 37 The enterprises dealing in hazardous chemicals shall not purchase hazardous chemicals from enterprises that fail to obtain the licenses for manufacturing such chemicals or the licenses for dealing in such chemicals, and shall not deal in hazardous chemicals without technical specifications or signs for safety of chemicals.

Article 38 The enterprises legally obtaining licenses for production safety of hazardous chemicals, licenses for safety use of hazardous chemicals or licenses for dealing in hazardous chemicals shall purchase hyper-toxic chemicals or hazardous chemicals to make explosives depending on the corresponding licenses. The enterprises manufacturing explosives for civil use shall purchase hazardous chemicals to make explosives with the licenses for manufacturing explosives for civil use.
The units other than those stipulated in the preceding paragraph, for the purpose of purchasing hyper-toxic chemicals, shall file applications to the public securities organs of the local people's governments to obtain licenses for purchasing hyper-toxic chemicals. If any unit purchases hyper-toxic chemicals, the statement on the legal use of hyper-toxic chemicals issued by it shall be submitted.
Individuals shall not purchase hyper-toxic chemicals (other than pesticides belonging to hyper-toxic chemicals) and hazardous chemicals to make explosives.

Article 39 In order to obtain licenses for purchasing hyper-toxic chemicals, the applicants shall submit the following materials to the public security organs of local people's governments at county level:
1. a copy of business license or legal person certificate (registration certificate);
2. the statement on the type and quantity of the hyper-toxic chemicals to be purchased;
3. the statement on the use of the hyper-toxic chemicals to be purchased;
4. the identification certificate of the purchaser.
The public security organs of the people's governments at county level shall, within 3 days since the receipt of the materials stipulated in the preceding paragraph, make the decision of approval or refusal. If the application is approved, the license for purchasing hyper-toxic chemicals shall be issued. If the application is refused, the applicant shall be notified in writing of the reasons.
The specific administration measures on licenses for purchasing hyper-toxic chemicals shall be stipulated by the public security organ of the State Council.

Article 40 If the enterprises manufacturing or dealing in hazardous chemicals sell hyper-toxic chemicals or hazardous chemicals to make explosives, they shall examine the related licenses or supporting documents stipulated in the first paragraph and the second paragraph of Article 38 herein, and shall not sell hyper-toxic chemicals or hazardous chemicals to make explosives to units without the related licenses or supporting documents. For those purchasers with licenses for purchasing hyper-toxic chemicals, the hyper-toxic chemicals shall be sold according to the type and quantity specified in the licenses.
It is prohibited to sell hyper-toxic chemicals (other than pesticides belonging to hyper-toxic chemicals) and hazardous chemicals to make explosives to individuals.

Article 41 The enterprises that manufacture or deal in hyper-toxic chemicals or hazardous chemicals to make explosives, when selling such chemicals, shall record names and addresses of purchase units, names and identity card numbers of purchasers, as well as item names, quantity and purposes of purchased hyper-toxic chemicals or hazardous chemicals to make explosives. Such sales record and the copy of ID cards of the purchasers, the copies of the relevant licenses or supporting documents shall be kept for at least one year.
The selling enterprises or the purchase units of hyper-toxic chemicals or hazardous chemicals to make explosives shall, within 5 days after the sale or purchase, report the types, quantity and flow direction of the sold or purchased hyper-toxic chemicals or hazardous chemicals to make explosives to the public security organs of the local people's governments at county level for record and such information shall be put into computer system.

Article 42 The units using hyper-toxic chemicals or hazardous chemicals to make explosives shall not lend or transfer the hyper-toxic chemicals or hazardous chemicals to make explosives purchased by them. If the transfer is necessary due to change of the line of production, production halt, move or shutdown, such chemicals shall be transferred to units with the relevant licenses or supporting documents stipulated in the first paragraph and the second paragraph of Article 38 herein, and report the relevant information to the public security organs of local people's governments at county level in a timely manner.

Chapter V Transportation Safety

Article 43 The enterprises conducting road transportation or waterway transportation of hazardous chemicals shall, respectively according to the provisions of the laws and administrative regulations concerning road transportation or waterway transportation, obtain the permits for road transportation of dangerous goods or the permits for waterway transportation of dangerous goods, and go through registration formalities at AICs.
The enterprises conducting road transportation or waterway transportation of hazardous chemicals shall arrange professional safety management staff.

Article 44 The drivers, shipmen, loading and unloading management personnel, transport escorts, declarers, and the examiners conducting on-site inspection on containers packing of the enterprises conducting road transportation or waterway transportation of hazardous chemicals shall pass the examination organized by the transport administration departments, and obtain the post-holding qualification certificates. The specific measures shall be formulated by the administrative department of the Sate Council in charge of transport.
The loading and unloading of hazardous chemicals shall observe the safety operation standards, rules and regulations, and shall be done under the on-site direction or monitoring of the loading and unloading management personnel. The packing of the containers for waterway transportation of hazardous chemicals shall be conducted under the direction or monitoring of the on-site inspectors of containers packing, and shall meet the standards and requirements of stowage and isolation. After the packing of containers, the containers loading on-site inspectors shall sign the packing certificates.

Article 45 For transporting hazardous chemicals, the enterprises shall take corresponding security measures according to the hazard characteristics of hazardous chemicals, and equip themselves with necessary protective appliances and emergency rescue apparatus.
Trough containers and other containers used for the transportation of hazardous chemicals shall be tightly sealed to prevent the hazardous chemicals from leaking or sprinkling in case of changes of temperature, moisture or pressure in the course of transportation. The overflow and pressure relief devices of tanks and other containers shall be exactly set and could be started and closed flexibly.
Drivers, shipmen, loading and unloading personnel, transport escorts, and declarers, and the examiners conducting on-site inspection on containers packing for the transportation of hazardous chemicals must learn the hazard characteristics of such chemicals, requirements for the use of packing materials and containers, and emergency measures in case of accidents.

Article 46 For the road transportation of hazardous chemicals, consignors can only entrust the enterprises legally obtaining the permits for road transportation of dangerous goods to transport such chemicals.

Article 47 For the road transportation of hazardous chemicals, the hazardous chemicals shall be loaded according to the ratified load capacity of the transportation vehicles, and overload is prohibited.
The vehicles transporting hazardous chemicals shall conform to the safety and technical conditions required by the national standards, and the safety technical inspection shall be conducted on such vehicles at regular basis according to the relevant regulations of the State.
The warning signs meeting the national standard shall be hung or sprayed in the vehicles transporting hazardous chemicals.

Article 48 For road transportation of hazardous chemicals, the transport escorts must be assigned, and such chemicals shall be under the supervision of such escorts at any moment.
In case that the transportation vehicles for hazardous chemicals need to be parked for a long time for accommodation or the occurrence of circumstances affecting the normal transportation during the transportation, the drivers and transport escorts shall take corresponding safety protection measures. If hyper-toxic chemicals or hazardous chemicals to make explosives are transported, reports shall be made to local public security organs.

Article 49 Without approvals from public security organs, the vehicles transporting hazardous chemicals shall not enter into the areas where the access of the vehicles transporting hazardous chemicals is limited. The areas where the access of the vehicles transporting hazardous chemicals is limited shall be delimited by the public security organs of the people's governments at county level, and prominent signs shall be set up.

Article 50 For the road transportation of hyper-toxic chemicals, consignors shall apply to the public security organs of the people's governments at county level of the places of departure or destination for road transportation passes for hyper-toxic chemicals.
To apply for the road transportation passes for hyper-toxic chemicals, consignors shall submit the following materials to the public security organs of the people's governments at county level:
1. statements on the types and quantity of the hyper-toxic chemicals to be transported;
2. statements on the places of departure and destination, transportation time and transportation route;
3. supporting documents proving that carriers have obtained the permits for road transportation of dangerous goods, the transport vehicles have obtained operation certificates and the drivers and the transport escorts have obtained post-holding qualification certificates;
4. the relevant permits for purchasing hyper-toxic chemicals stipulated in the first paragraph and the second paragraph of Article 38 of these Regulations, or the import and export certificates issued by the customs.
The public security organs of the people's governments at county level shall, within 7 days after the receipt of the materials provided in the preceding paragraph, make the decisions of approval or refusal. If the applications are approved, the road transportation passes for hyper-toxic chemicals shall be issued. If the applications are refused, they shall inform the applicants in writing of the corresponding reasons.
The administration measures of the road transportation passes for hyper-toxic chemicals shall be formulated by the public security organ of the State Council.

Article 51 When hyper-toxic chemicals or the hazardous chemicals to make explosives are lost, stolen, robbed or drain, or leak in the course of road transportation, the drivers and transport escorts shall immediately take corresponding warning measures and safety measures, and make reports to the local public security organs forthwith. The public security organs, upon the receipt of reports, shall, according to the actual situation, notify the production safety supervision and administration departments, the environmental protection administration departments, and health administration departments. These departments shall adopt necessary emergency treatment measures.

Article 52 The enterprises transporting hazardous chemicals through waterway shall observe laws, administrative regulations and the relevant regulations of the administrative department of the Sate Council in charge of transport concerning the safety of waterway transportation of dangerous goods.

Article 53 The maritime affairs regulatory authorities shall, in accordance with the types and the hazard characteristics of hazardous chemicals, determine the relevant safety conditions of transportation of hazardous chemicals through ships.
If the relevant safety transportation conditions of the hazardous chemicals to be delivered for shipping are not clear, such hazardous chemicals shall be evaluated by the "the owner or agent of the goods shall appoint the relevant technical institution to clarify the relevant safety transportation conditions. Such chemicals shall not be delivered to ship transportation until the maritime affairs regulatory authority confirms the clarified safety transportation conditions.

Article 54 It is prohibited to transport hyper-toxic chemicals and other hazardous chemicals whose transportation through inland rivers is prohibited by the State through the enclosed waters of inland rivers.
For the inland waters other than that provided by the previous paragraph, the transportation of hyper-toxic chemicals and other hazardous chemicals (whose transportation through inland rivers is prohibited by the State) is prohibited.
The list of the hyper-toxic chemicals and other hazardous chemicals whose transportation through inland rivers is prohibited shall be determined and publicly announced by the administrative department of the State Council in charge of transport together with the administrative department of the State Council in charge of environmental protection, the administrative department in charge of industry and information, the production safety supervision and administration department in accordance with the hazard characteristics of hazardous chemicals, the hazards of hazardous chemicals on human body and water environment, the degree of difficulty in eliminating the hazard consequences, and other factors.

Article 55 The administrative department of the State Council in charge of transport shall, in accordance with the hazard characteristics of hazardous chemicals, classify the hazardous chemicals shipped through inland rivers other than those specified in Article 54 of these Regulations (hereinafter referred to as the hazardous chemicals shipped through inland rivers), stipulate respective regulations on the transportation means, packing standard and safety protective measures of each type of hazardous chemicals and supervise the implementation of such regulations.

Article 56 The transportation of hazardous chemicals through inland rivers shall be done by the waterway transportation enterprises which obtain permits for waterway transportation of dangerous goods pursuant to laws. Other units and individuals shall not transport such chemicals. Consignors shall not entrust other units and individuals but those waterway transportation enterprises legally obtaining permits for waterway transportation of dangerous goods to transport such chemicals.

Article 57 To transport hazardous chemicals through inland rivers, the vessels legally obtaining the certificates of compliance for carriage of dangerous goods shall be used. The waterway transportation enterprises shall, according to the hazard characteristics of the hazardous chemicals to be transported, formulate pre-proposal for emergency rescue in case of hazardous chemicals accidents in the transport vessels, and shall equip the transport vessels with sufficient and effective emergency rescue apparatus and equipments.
The owners or operators of vessels transporting hazardous chemicals through inland rivers shall obtain the certificates of insurance or financial security in respect of civil liability for oil pollution damage. The duplicates of the certificates of insurance or financial security in respect of civil liability for oil pollution damage shall be taken with the vessels.

Article 58 For the transportation of hazardous chemicals through inland rivers, the materials, forms, strength and packing methods of the packaging of hazardous chemicals shall meet the requirements of the packaging standards for hazardous chemicals transported through waterway. If the administrative department of the State Council in charge of transport provides limitation on the quantity of hazardous chemicals transported by every single vessel, carriers shall arrange the transportation quantity according to the provisions.

Article 59 The inland river docks and berths used for transportation of hazardous chemicals shall conform to the relevant safety criteria of the State, and keep the distance required by the State with drinking water intakes. The relevant regulatory units shall stipulate emergency pre-proposals on hazardous chemicals accidents in docks and berths, and equip docks and berths with sufficient and effective emergency rescue apparatus and equipments.
The inland river docks and berths used for transportation of hazardous chemicals shall be put into use only after being inspected as qualified by the transport administration departments according to the relevant provisions of the State.

Article 60 If vessels carrying hazardous chemicals enter in or exit from inland river ports, the names, hazard characteristics and packaging of the hazardous chemicals and time of entering in or exiting from the ports shall be reported to maritime affairs regulatory authorities in advance. After receiving the reports, the maritime affairs regulatory authorities shall make the decisions of approval or refusal, notify the reporters of such decisions and at the same time make reports to the administration departments of the ports. For those fixed vessels with fixed navigation lines and fixed goods, reports shall be made at regular basis.
In the case of loading, unloading and transhipping of hazardous chemicals in inland river ports, the names, hazard characteristics, packaging of hazardous chemicals and working time and places shall be reported to the administration departments of the ports. The administration departments of the ports shall, after receiving the reports, within the time set forth by the administrative department of the State Council in charge of transport, make the decisions of approval or refusal, notify the reporters of such decisions, and at the same time make reports to maritime affairs regulatory authorities.
If vessels carrying hazardous chemicals shall pass navigation constructions when navigating in inland rivers, the vessels shall declare it to the transport administration departments in advance and accept the administration of the transport administration departments.

Article 61 Vessels carrying hazardous chemicals shall hang specialized warning signs and show required signals when navigating, loading, unloading or berthing in inland rivers.
If piloting is needed for vessels carrying hazardous chemicals navigating in inland rivers as required by the administrative department of the State Council in charge of transport, piloting shall be applied.

Article 62 When navigating in inland rivers, vessels carrying hazardous chemicals shall comply with laws, administrative regulations and other regulations of the State concerning drinking water source protection. The inland navigation channel development plan shall coordinate with the legally approved plan on delineating drinking water source protection areas.

Article 63 Consigners, when consigning hazardous chemicals, shall state the types, quantity, hazard characteristics, and emergency measures of such chemicals to the carriers, and properly package such transported hazardous chemicals according to the relevant regulations of the State, and set up corresponding signs on the external packaging.
When depressors or stabilizers need to be added for the transportation of hazardous chemicals, consignors shall add them, and inform it to the carriers.

Article 64 Consignors shall neither carry secretly hazardous chemicals in consigned common goods, nor withhold information about hazardous chemicals, nor report hazardous chemicals as common goods.
Any units and individuals shall neither send hazardous chemicals by post, nor carry secretly such chemicals in mails or express mails, nor withhold information about such chemicals, nor report such chemicals as common goods for post. Postal enterprises and courier companies shall not accept and commit to post hazardous chemicals.
If it is suspected of violating the provisions of the first paragraph and the second paragraph of this Article, transport administration departments and post regulatory authorities shall open the packaging to conduct examination.

Article 65 The safety administration of the transportation of hazardous chemicals through railways or by air shall be conducted according to the provisions of laws, administrative regulations and rules concerning railway and air transportation.

Chapter VI hazardous chemicals Registration and Accidents Emergency Rescue

Article 66 The State carries out the system of hazardous chemicals registration, and provides technical and information support for the safety control over hazardous chemicals, accident prevention, and emergency rescue.

Article 67 The enterprises manufacturing or importing hazardous chemicals shall register hazardous chemicals with the organ responsible for registration of hazardous chemicals (hereinafter referred to as "hazardous chemicals registration organ") of the department of the State Council in charge of supervision and administration on production safety.
The registration of hazardous chemicals shall include the following contents:
1. classification and label information;
2. physical and chemical nature;
3. main use;
4. hazard characteristics;
5. safety requirements of storage, use and transport;
6. emergency measures in case of dangerous situation.
For hazardous chemicals of the same type manufactured or imported by one same enterprise, registration shall not be repeated. If the enterprises manufacturing hazardous chemicals or the enterprises importing hazardous chemicals discover new hazard characteristics of the manufactured or imported hazardous chemicals, they shall timely go through the formality of registration modification at the hazardous chemicals registration organ.
The specific measures on hazardous chemicals registration shall be formulated by the department of the State Council in charge of supervision and administration on production safety.

Article 68 The hazardous chemicals registration organ shall regularly provide the relevant information and materials about registration of hazardous chemicals to the administrative departments in charge of industry and information, environmental protection, public security, health care, transport, railway, quality supervision, inspection and quarantine, etc.

Article 69 The production safety supervision and administration departments of the local people's governments at or above county level shall, jointly with the departments in charge of industry and information, environmental protection, public security, health care, transport, railway, quality supervision, inspection and quarantine, etc, formulate hazardous chemicals accidents emergency rescue pre-proposals in accordance with the actual situations of the local regions which shall be submitted to local people's governments for approval.

Article 70 Units of hazardous chemicals shall formulate their own emergency rescue pre-proposals, assign the emergency rescue personnel, equip themselves with necessary emergency apparatus and equipments, and organize the emergency rescue drilling at regular intervals.
Units of hazardous chemicals shall report their hazardous chemicals emergency rescue pre-proposals to production safety supervision and administration departments of the local people's governments at municipality (with districts) level for record.

Article 71 In case of a hazardous chemicals accident, the person chiefly in charge of the unit involved shall, in accordance with the emergency rescue pre-proposal formulated by this unit, organize the rescue forthwith, and make a report to the local production safety supervision and administration department, environmental protection administration department, public security organ and health administration department. In case of hazardous chemicals accidents during the course of road transportation and waterway transportation, drivers, shipmen or transport escorts shall also report them to the transport administration departments of the places where accidents take place.

Article 72 In case of a hazardous chemicals accident, the local people's government concerned shall immediately organize the departments in charge of supervision and administration on production safety, environmental protection, public securities, health care and transport to carry out rescue without any delay or prevarication in accordance with the local hazardous chemicals accidents emergency rescue pre-proposal.
The local people's government and its departments concerned shall, in accordance with the following provisions, adopt the necessary measures to reduce the losses caused by the accident, and to prevent the accident from extending:
1. They shall organize the rescue and treatment of the victims, organize the evacuation, or adopt other protective measures to protect other people in the hazard areas forthwith;
2. They shall promptly control the hazard sources, determine the properties of hazardous chemicals, the hazard areas of the accident and the extent of hazard;
3. They shall promptly adopt measures of enclosing, isolation, disinfections, etc. against the actual and potential hazards caused to human body, animals, plants, soil, water sources, and air caused by the accident and the contingent hazards;
4. They shall monitor and evaluate the status of environment pollution and ecological destruction, and take corresponding environment pollution treatment and ecological restoration measures.

Article 73 The relevant hazardous chemicals units shall provide technical guidance and necessary assistance for hazardous chemicals accidents emergency rescue.

Article 74 In case of environment pollution caused by hazardous chemicals accidents, the administrative departments of the people's governments at municipality (with districts) level in charge of environmental protection shall announce the relevant information in a unified way.

Chapter VII Legal Liabilities

Article 75 If any enterprise manufactures, deals in or uses hazardous chemicals the State prohibits to manufacture, deal in or use, the department of the State Council in charge of supervision and administration on production safety shall order it to stop the activities of manufacturing, dealing in or using hazardous chemicals and shall impose a fine of over CNY200,000 and less than CNY500,000. If such enterprise has illegal gains, such illegal gains shall be confiscated. If crimes are committed, the person concerned shall be prosecuted for criminal liabilities according to laws.
If any enterprise has the activities provided above, the production safety supervision and administration department shall also order it to make harmless disposal of the hazardous chemicals manufactured, dealt in or used by it.
Whoever uses hazardous chemicals by violating the limitation provisions of the State on the use of hazardous chemicals shall be punished as provided in the first paragraph of this article.

Article 76 If any enterprise conducts new construction, reconstruction or expansion of any construction project for manufacturing or storing hazardous chemicals whose safety conditions are not examined, the production safety supervision and administration departments shall order it to stop constructing and make rectification within a limited period. If the enterprise fails to make the rectification within the limited period, a fine of over CNY500,000 and less than CNY1 million shall be imposed. If any crime is committed, the criminal liabilities shall be investigated pursuant to laws.
If the safety conditions of any new construction, reconstruction or expansion of port construction project for storing and loading and unloading hazardous chemicals are not examined, the port administration department shall impose punishments pursuant to the provisions of the preceding paragraph.

Article 77 If any enterprise manufactures hazardous chemicals without obtaining hazardous chemicals production safety licenses or manufactures hazardous chemicals and their packing materials or containers without obtaining production licenses for industrial products, punishment shall be imposed on it respectively pursuant to the Regulations on Production Safety Licenses and the Regulations of the PRC on the Administration of Production Licence for Industrial Products.
If any chemical enterprise violates the provisions of these Regulations to conduct manufacture by using hazardous chemicals without obtaining hazardous chemicals use safety permits, the production safety supervision and administration department shall order it to rectify within a limited period, and impose a fine of over CNY100,000 and less than CNY200,000. If such enterprise fails to make the rectification, it shall be ordered to suspend production for rectification.
If any enterprise violates these Regulations to deal in hazardous chemicals without obtaining the license for dealing in hazardous chemicals, the production safety supervision and administration department shall order it to stop the operation, confiscate the illegally operated hazardous chemicals and the illegal incomes and impose a fine of over CNY100,000 and less than CNY200,000. If any crime is committed, the criminal liabilities shall be investigated pursuant to laws.

Article 78 In case of any of the following circumstances, the production safety supervision and administration department shall order the party concerned to make rectification and impose a fine of less than CNY50,000. If the party concerned refuses to make the rectification, a fine of over CNY50,000 and less than CNY100,000 shall be imposed. If the circumstances are serious, the party concerned shall be ordered to suspend production and business for rectification.
1. The units manufacturing and storing hazardous chemicals fail to set up prominent signs on the hazardous chemicals tubes laid by them or fail to inspect and test the hazardous chemicals tubes on regular basis;
2. In the event of construction which may jeopardize the safety of hazardous chemicals tubes, the construction unit fails to inform the unit owning the tubes as required, or fails to jointly with the unit owning the tubes formulate emergency pre-proposal and take corresponding safety protection measures, or the unit owning the tubes fails to assign specialized personnel to provide on-site guidance on tubes safety protection;
3. The enterprises manufacturing hazardous chemicals fail to provide the technical specifications for safety of chemicals, or fail to affix or hang safety signs for chemicals on the packing materials (including external packaging) of hazardous chemicals.
4. The technical specifications for safety of chemicals provided by the enterprises manufacturing hazardous chemicals do not conform to the hazardous chemicals manufactured by them, or the safety signs affixed or hung on the packing materials (including external packaging) do not conform to the hazardous chemicals within the packing materials, or what the technical specifications for safety of chemicals and the safety signs set forth do not meet national standard;
5. The enterprises manufacturing hazardous chemicals fail to make public announcement when discovering new hazard characteristics of the hazardous chemicals they manufactured, or fail to timely modify the technical specifications for safety of chemicals and the safety signs for chemicals;
6. The enterprises dealing in hazardous chemicals deal in those hazardous chemicals without technical specifications for safety of chemicals and safety signs for chemicals;
7. The materials of the packaging and containers of hazardous chemicals, and the models, specifications, methods, and unit quality (weight) are not adapted to the nature and purposes of the packaged hazardous chemicals;
8. The units manufacturing or storing hazardous chemicals fail to set up prominent safety warning signs in their operation sites and on the safety facilities and equipments or fail to set up communication and alarming installations in their operation sites;
9. The specialized warehouses of hazardous chemicals are not managed by the specially assigned personnel, or the hyper-toxic chemicals and other hazardous chemicals that constitute serious hazard sources in quantity are not subject to the system of double-person receiving and dispatching and double-person safekeeping;
10. The units storing hazardous chemicals fail to establish an inspection and registration system on the hazardous chemicals' entry into and exit from warehouses;
11. The specialized warehouses of hazardous chemicals do not set up prominent signs;
12. The enterprises manufacturing or importing hazardous chemicals fail to carry out hazardous chemicals registration, or do not go through the formality of modifying the registration of hazardous chemicals when discovering new hazard characteristics of the hazardous chemicals manufactured or imported by them.
In case that the port operators conducting hazardous chemicals storage have any of the circumstances set forth in the preceding paragraph, the administration department of the port shall impose punishments according to the provisions of the preceding paragraph. If the specialized warehouses storing hyper-toxic chemicals or hazardous chemicals to make explosives do not set relevant technical security facilities pursuant to the relevant regulations of the State, the public security organ shall impose punishments pursuant to the preceding paragraph.
If the units manufacturing or storing hyper-toxic chemicals or hazardous chemicals to make explosives fail to set security departments or fail to assign professional security personnel, such units shall be punished according to the provisions of "Regulations on Security within Enterprises and Institutions".

Article 79 In case that the enterprises manufacturing the packing materials or containers of hazardous chemicals sell packing materials or containers which are not examined or are examined as unqualified materials or containers, the department of quality supervision, inspection and quarantine shall order them to make rectification, impose a fine of over CNY100,000 and less than CNY200,000, and confiscate the illegal gains, if any. If the units refuse to make the rectification, they shall be ordered to suspend production and operation for rectification. If any crime is committed, the criminal liabilities shall be investigated pursuant to laws.
If any vessels and the containers shipped by vessels are put into use before being inspected as qualified, the maritime affairs regulatory authorities shall impose relevant punishments pursuant to the provisions of the preceding paragraph.

Article 80 If the units manufacturing, storing or using hazardous chemicals have any of the following circumstances, the production safety supervision and administration departments shall order them to make rectification, and impose a fine of over CNY50,000 and less than CNY100,000. If the units refuse to make the rectification, they shall be ordered to suspend production and operation for rectification till the original license issuing units revoke their relevant licenses and permits and the AICs order them to modify the registration of business scope or revoke their business licenses. If any person concerned commits any crime, he or she shall be prosecuted for criminal liabilities:
1. Any unit fails to make inspection before using the repeatedly used packing materials and containers of hazardous chemicals;
2. Any unit fails to set up relevant safety facilities and equipments according to the types and hazard characteristics of the hazardous chemicals manufactured or stored by it, or fails to make regular maintenance on the safety facilities and equipments according to the national standards, industrial standards or the relevant regulations of the State;
3. Any unit fails to conduct safety evaluation at regular basis according to the provisions of these Regulations;
4. Any unit fails to store the hazardous chemicals in specialized warehouses, or fails to separately store the hyper-toxic chemicals or other hazardous chemicals constituting serious hazard source in quantity in the specialized warehouses;
5. The storage means, methods or quantity of hazardous chemicals do not meet the national standards or the relevant regulations of the State;
6. The specialized warehouses of hazardous chemicals do not satisfy the requirements of national standards or industrial standards;
7. Any unit fails to regularly inspect or test the safety facilities or equipments of the specialized warehouses of hazardous chemicals.
If the port operators conducting hazardous chemicals storage have any of the circumstances provided in the preceding paragraph, the port administration department shall make punishments according to the provisions of the preceding paragraph.

Article 81 In case of any of the following circumstances, the public security organ shall order the party concerned to make rectification, and impose a fine of no more than CNY10,000. If the party concerned refuses to make rectification, a fine of over CNY10,000 and less than CNY50,000 shall be imposed:
1. The units manufacturing, storing or using hyper-toxic chemicals or hazardous chemicals to make explosives fail to record the quantity and the flow direction of the hyper-toxic chemicals and the hazardous chemicals to make explosives manufactured, stored or used by them according to the facts;
2. The units manufacturing, storing or using hyper-toxic chemicals or hazardous chemicals to make explosives fail to report to the public security organ forthwith when discovering the hyper-toxic chemicals or the hazardous chemicals to make explosives are lost or stolen;
3. The units storing hyper-toxic chemicals fail to report the information concerning the storage quantity and places of the hazardous chemicals and the management personnel to the public security organs of the local people's governments at county level for record;
4. The enterprises manufacturing or dealing in hazardous chemicals fail to record the names, addresses of the units purchasing hyper-toxic chemicals or hazardous chemicals to make explosives, the names and ID cards numbers of the purchasers, and the types, quantity and purpose of the purchased hyper-toxic chemicals or hazardous chemicals to make explosives according to the facts, or the sales record and the relevant materials are kept for less than one year;
5. The enterprises selling or purchasing hyper-toxic chemicals or hazardous chemicals to make explosives fail to report the information on the types, quantity and flow direction of the sold or purchased hyper-toxic chemicals or hazardous chemicals to make explosives to the public security organs of the local people's governments at county level for record within the stipulated time limit;
6. The units using hyper-toxic chemicals or hazardous chemicals to make explosives transfer the hyper-toxic chemicals or hazardous chemicals to make explosives purchased by them according to the provisions of these Regulations, but fail to report the relevant information to the public security organs of the local people's governments at county level.
If the enterprises manufacturing or storing hazardous chemicals or enterprises using hazardous chemicals to conduct production fail to, according to the provisions of these Regulations, submit the safety evaluation reports and the information on the implementation of the rectification proposals to the production safety supervision and administration departments of local people's governments at county level for record, or the units storing hazardous chemicals fail to report the information concerning the quantity of stored hyper-toxic chemicals and other hazardous chemicals that constitute serious hazard sources in quantity, the storage places and management personnel to the production safety supervision and administration departments of the local people's governments at county level or port administration departments for record, the production safety supervision and administration departments or the port administration departments shall respectively impose punishments pursuant to the provisions of the preceding paragraph.
If the enterprises manufacturing hazardous chemicals on which key environmental administration is carried out or using hazardous chemicals on which key environmental administration is carried out to conduct production fail to report the relevant information to the environmental protection administration departments pursuant to the relevant regulations, the environmental protection administration departments shall impose punishments according to the provisions of the first paragraph of this Article.

Article 82 If the units manufacturing, storing or using hazardous chemicals, in the case of changing the line of production, halting production, shutting down, or being dissolved, fail to adopt effective measures to properly dispose of the manufacturing installations, storage facilities of their hazardous chemicals and the stored hazardous chemicals, or abandon hazardous chemicals, the production safety supervision and administration departments shall order them to make rectification and impose a fine of over CNY50,000 and less than CNY100,000. If any crime is committed, criminal liabilities shall be investigated.
If the units manufacturing, storing or using hazardous chemicals, in the case of changing the line of production, halting production, shutting down, or being dissolved, fail to report the proposals on the disposal of manufacturing installations, storage facilities of their hazardous chemicals and the stored hazardous chemicals to the relevant authorities for record, they shall be ordered respectively by the relevant authorities to make rectification and a fine of less than CNY10,000 shall be imposed. If such units refuse to make rectification, a fine of over CNY10,000 and less than CNY50,000 shall be imposed.

Article 83 If the enterprises dealing in hazardous chemicals purchase hazardous chemicals from those enterprises that illegally manufacture or deal in hazardous chemicals without licenses, the AICs shall order them to make rectification, and impose a fine of over CNY100,000 and less than CNY200,000. If they refuse to make the rectification, such enterprises shall be ordered to suspend business for rectification till the authority originally issuing licenses revokes their licenses for dealing in hazardous chemicals, and the AICs shall order them to handle business scope modification registration or revoke their business licenses.

Article 84 In case that the enterprises manufacturing or dealing in hazardous chemicals have any of the following circumstances, the production safety supervision and administration department shall order them to make rectification, confiscate the illegal income, and impose a fine of over CNY100,000 and less than CNY200,000. If they refuse to make rectification, they shall be ordered to suspend production and business for rectification until their licenses for manufacturing or dealing in hazardous chemicals are revoked, and the AICs shall order them to handle business scope modification registration or revoke their business licenses:
1. Selling hyper-toxic chemicals or hazardous chemicals to make explosives to the units that have not the relevant licenses or permits or supporting documents stipulated in the first paragraph and the second paragraph of Article 38 of these Regulations;
2. Refusing to sell hyper-toxic chemicals according to the types and quantity stipulated in the hyper-toxic chemicals purchase permits;
3. Selling hyper-toxic chemicals (other than pesticides belonging to hyper-toxic chemicals) or hazardous chemicals to make explosives to individuals.
If the units that have not the relevant licenses or permits or supporting documents stipulated in the first paragraph and the second paragraph of Article 38 of these Regulations purchase hyper-toxic chemicals or hazardous chemicals to make explosives or any individual purchases hyper-toxic chemicals (other than pesticides belonging to hyper-toxic chemicals) or hazardous chemicals to make explosives, the public security organs shall confiscate the purchased hyper-toxic chemicals or hazardous chemicals to make explosives, and may impose a fine of less than CNY5,000.
If the units using hyper-toxic chemicals or hazardous chemicals to make explosives lend or transfer hyper-toxic chemicals or hazardous chemicals to make explosives purchased by them to units that have not the relevant licenses or permits or supporting documents stipulated in the first paragraph and the second paragraph of Article 38 of these Regulations, or transfer hyper-toxic chemicals (other than pesticides belonging to hyper-toxic chemicals) or hazardous chemicals to make explosives purchased by them to any individual, the public security organs shall order them to make rectification, and impose a fine of over CNY100,000 and less than CNY200,000. If any unit refuses to make rectification, it shall be ordered to suspend production and business for rectification.

Article 85 For the enterprises which conduct the road transportation or waterway transportation of hazardous chemicals without the permits for road transportation of dangerous goods or the permits for waterway transportation of dangerous goods, punishments shall be imposed respectively according to the provisions of laws and administrative regulations concerning road transportation or waterway transportation.

Article 86 In case of any of the following circumstances, the transport administration departments shall order the party concerned to rectify and impose a fine of over CNY50,000 and less than CNY100,000. If any unit refuses to make rectification, it shall be ordered to suspend production and business for rectification. If any crime is committed, the criminal liabilities shall be investigated pursuant to laws:
1. The drivers, shipmen, loading and unloading management personnel, transport escorts, declarers, and the examiners conducting on-site inspection on containers packing of the enterprises conducting road transportation or waterway transportation of hazardous chemicals conduct the relevant work without obtaining the post-holding qualification certificates;
2. The enterprises transporting hazardous chemicals fail to take corresponding security measures according to the hazard characteristics of hazardous chemicals, or fail to equip themselves with necessary protective appliances and emergency rescue apparatus;
3. Any enterprise uses vessels without legally obtaining the certificates of compliance for carriage of dangerous goods to transport hazardous chemicals through inland rivers;
4. Carriers transporting hazardous chemicals through inland rivers violate the provisions of the transport administration department of the State Council on the limitation on the quantity of hazardous chemicals transported by every single vessel to transport hazardous chemicals;
5. The inland river docks and berths used for transportation of hazardous chemicals do not conform to the relevant safety criteria of the State, or fail to keep the distance required by the State with drinking water intakes, or are put into use before being inspected as qualified by the transport administration departments;
6. Consigners, when consigning hazardous chemicals, fail to state the types, quantity, hazard characteristics, and emergency measures of such chemicals to the carriers, or fail to properly package such transported hazardous chemicals and set the corresponding signs on the external packaging according to the relevant regulations of the State;
7. When depressors or stabilizers need to be added for the transportation of hazardous chemicals, consignors fail to add them, or fail to inform the relevant situation to the carriers.

Article 87 In case of any of the following circumstances, the transport administration departments shall order the party concerned to make rectifications, impose a fine of over CNY100,000 and less than CNY200,000, and confiscate the illegal income (if any). If any unit refuses to make rectification, it shall be ordered to suspend production and business for rectification. If any crime is committed, the criminal liabilities shall be investigated:
1. Entrusting enterprises without legally obtaining the permits for road transportation of dangerous goods or the permits for waterway transportation of dangerous goods to transport hazardous chemicals;
2. Transporting hyper-toxic chemicals and other hazardous chemicals whose transportation through inland rivers is prohibited by the State through the enclosed waters of inland rivers;
3. Transporting hyper-toxic chemicals and other hazardous chemicals whose transportation through inland rivers is prohibited by the State through inland rivers;
4. Carrying secretly hazardous chemicals in consigned common goods, or withholding information about hazardous chemicals, or reporting hazardous chemicals as common goods.
Any unit which carries secretly such chemicals in mails or express mails, or reports such chemicals as common goods for post shall be imposed an administrative penalty over security. If any crime is committed, criminal liabilities shall be investigated.
If postal enterprises and courier companies accept and commit to post hazardous chemicals, punishments shall be made in accordance with the provisions of the Postal Law of the People's Republic of China.

Article 88 In case of any of the following circumstances, the public security organs shall order the party concerned to make rectification and impose a fine of over CNY50,000 and less than CNY100,000. If the act constitutes a breach of security administration, an administrative penalty over security shall be imposed pursuant to laws. If any crime is committed, criminal liabilities shall be investigated:
1. loading hazardous chemicals in the quantity exceeding the ratified load capacity of the transportation vehicles;
2. using vehicles which do not conform to the safety and technical conditions required by the national standards to transport hazardous chemicals;
3. without approvals from public security organs, the vehicles transporting hazardous chemicals enter into the areas where the access of the vehicles transporting hazardous chemicals is limited;
4. transporting hyper-toxic chemicals through road transportation without obtaining the road transportation passes for hyper-toxic chemicals.

Article 89 In case of any of the following circumstances, the public security organs shall order the party concerned to make rectifications and impose a fine of over CNY10,000 and less than CNY50,000. If the act constitutes a breach of security administration, administrative penalties over security shall be imposed pursuant to laws.
1. The warning signs are not hung or sprayed in the vehicles transporting hazardous chemicals, or the hung or sprayed warning signs do not meet the national standards;
2. The transport escorts are not assigned for road transportation of hazardous chemicals;
3. Under the circumstances that the vehicles transporting hyper-toxic chemicals or hazardous chemicals to make explosives need to be parked for a long time in the course of the transportation, the drivers and transport escorts fail to report it to local public security organs;
4. Under the circumstances that hyper-toxic chemicals or the hazardous chemicals to make explosives are lost, stolen, robbed or drain, or leak in the course of road transportation, the drivers and transport escorts fail to take corresponding warning measures and safety measures, or fail to make reports to the local public security organs.

Article 90 For the hazardous chemicals road transportation enterprises who bear entire liabilities or main liabilities for the occurrence of transport accidents, the public security organs shall order them to eliminate the potential safety hazards. The transportation vehicles failing to eliminate the potential safety hazards shall be prohibited to run on road.

Article 91 In case of any of the following circumstances, the transport administration departments shall order the party concerned to make rectifications and impose a fine of less than CNY10,000. If any unit refuses to make rectification, a fine of over CNY10,000 and less than CNY50,000 shall be imposed:
1. The enterprises conducting road transportation or waterway transportation of hazardous chemicals fail to arrange professional safety management staff;
2. The administration units of inland river docks and berths used for transportation of hazardous chemicals fail to make emergency pre-proposals on hazardous chemicals accidents in docks and berths, or fail to equip docks and berths with sufficient and effective emergency rescue apparatus and equipments.

Article 92 In case of any of the following circumstances, punishments shall be made in according to the provisions of the Regulations of the People's Republic of China concerning the Administration of Traffic Safety on Inland Waters:
1. The waterway transportation enterprises transporting hazardous chemicals through inland rivers fail to formulate pre-proposal for emergency rescue in case of hazardous chemicals accidents in the transport vessels, or fail to equip the transport vessels with sufficient and effective emergency rescue apparatus and equipments;
2. The owners or operators of vessels transporting hazardous chemicals through inland rivers fail to obtain the certificates of insurance or financial security in respect of civil liability for oil pollution damage;
3. Under the circumstances that vessels carrying hazardous chemicals enter in or exit from inland river ports, the personnel responsible for the vessels fails to report the relevant information to the maritime affairs regulatory authorities in advance and obtain approval from the maritime affairs regulatory authorities;
4. Vessels carrying hazardous chemicals fail to hang specialized warning signs or fail to show required signals when navigating, loading, unloading or berthing in inland rivers, or fail to apply for piloting according to the relevant regulations.
If any unit conducts loading, unloading or transhipping of hazardous chemicals in any port without reporting to and obtaining approval from the port administration department, it shall be punished according to the provisions of the Port Law of the People's Republic of China.

Article 93 For the acts of counterfeiting, altering or renting, lending, or transferring the hazardous chemicals production safety licenses or production licenses for industrial products, or the acts of using counterfeited or altered hazardous chemicals production safety licenses or production licenses for industrial products, penalties shall be imposed to the responsible persons respectively according to the provisions of the Regulations on Production Safety Licenses and the Regulations of the PRC on the Administration of Production License for Industrial Products
For the acts of counterfeiting, altering or renting, lending or transferring other licenses or permits stipulated by these Regulations, or using such other counterfeited or altered licensees or permits, a fine of over CNY100,000 and less than CNY200,000 shall be imposed respectively by the issuing unit of each license or permit. If there is illegal income, such illegal income shall be confiscated. If any act constitutes a breach of security administration, administrative penalties over security shall be imposed pursuant to laws. If any crime is committed, criminal liabilities shall be investigated.

Article 94 In case that a hazardous chemicals accident occurs in any hazardous chemicals unit, the person chiefly in charge of the unit fails to organize the rescue or fails to report it to the relevant authorities, penalties shall be imposed according to the Regulations on the Report, Investigations and Handling of Work Safety Accidents.
Where any hazardous chemicals accidents occur in any dangerous chemical unit and cause personal injury or property losses of others, such unit shall bear the compensation liabilities according to laws.

Article 95 If the local people's government and its departments concerned, in case of a hazardous chemicals accident, fail to organize to conduct rescue forthwith, or fail to adopt necessary measures to reduce the losses caused by the accident and to prevent the accident from extending, the management personnel directly in charge of such event and other directly responsible persons shall be imposed disciplinary actions. If any crime is committed, criminal liabilities shall be investigated.

Article 96 If the working personnel of the safety of hazardous chemicals supervision and administration departments rebuses their powers, neglects their duties, or commits illegalities for personal gains during the course of supervision and administration on safety of hazardous chemicals, and if such acts constitute any crime, the responsible personnel shall be prosecuted for criminal liabilities pursuant to laws. If no crime is committed, disciplinary actions shall be given pursuant to laws.

Chapter VIII Supplementary Rules

Article 97 These Regulations shall be applicable to the safety administration of the chemicals subject to control, and drugs and pesticides belonging to hazardous chemicals, unless it is otherwise provided by laws or administrative regulations.
These Regulations shall not be applicable to the safety administration of explosives for civil use, fireworks and crackers, radioactive articles, nuclear energy materials and the hazardous chemicals used for national defence research and production.
If the administration on the safety of gas are otherwise provided by laws or administrative regulations, such provisions shall be observed.
If the containers of hazardous chemicals belong to special equipments, their safety administration shall be conducted according to the provisions of laws or administrative regulations concerning special equipments.

Article 98 The administration on the import and export of hazardous chemicals shall be conducted according to the provisions of laws, administrative regulations or rules concerning foreign trade. The administration on the safety of the storage, use, operation and transport of imported hazardous chemicals shall be conducted pursuant to the provisions of these Regulations.
The environment administration registration of hazardous chemicals and new chemical materials shall be conducted pursuant to the laws, administrative regulations or rules concerning environmental protection. For the hazardous chemicals environment administration registration, relevant fee shall be charged according to the relevant regulations of the State.

Article 99 Those hazardous chemicals without owners discovered by the public or picked by anyone shall be accepted by the public security organs. For the hazardous chemicals accepted by the public security organs or confiscated by relevant authorities pursuant to laws, harmless treatment shall be done. Such chemicals shall be submitted to the environmental protection administration departments who shall organize the professional units admitted by it to do the treatment, or submitted to the relevant hazardous chemicals manufacturing enterprises for treatment. The expenses for harmless treatment shall be borne by national finance.

Article 100 If the hazard characteristics of chemicals are not determined, the production safety supervision and administration department of the State Council, the environmental protection administration department of the State Council and the health department of the State Council shall respectively organize the appraisals on the physical dangers, environmental hazards, and toxicological characteristics of such chemicals. If the list of hazardous chemicals needs to be adjusted according to the appraisal results, it shall be handled according to the provisions of the second paragraph of Article 3 of these Regulations.

Article 101 The chemical enterprises who had used hazardous chemicals to conduct production before the implementation of these Regulations need to obtain safety of hazardous chemicals use permits pursuant to the provisions of these Regulations. They shall apply to obtain safety of hazardous chemicals use permits within the time limit stipulated by the production safety supervision and administration department of the State Council.

Article 102 These Regulations shall be put into force since December 1, 2011.