China's Dangerous Chemicals Safety Law

Review of the "Hazardous Chemicals Safety Law of the People's Republic of China (Draft)"

On December 21, the 13th meeting of the Standing Committee of the 14th National People's Congress reviewed the "Hazardous Chemicals Safety Law of the People's Republic of China (Draft)". The draft clarifies the overall requirements for the safety management of hazardous chemicals, emphasizes that the safety management of hazardous chemicals adheres to the principles of safety first, prevention first, and comprehensive management, and implements the principle that those who manage the industry must manage safety, those who manage the business must manage safety, and those who manage production and operations must manage safety.

Overview of the draft content

The draft strengthens the safety management regulations for the production, storage, and use of hazardous chemicals, stipulates that hazardous chemicals should be stored in special storage places, and the storage of highly toxic chemicals should be reported to the relevant departments for record. The draft also clarifies that departments responsible for the safety supervision and management of hazardous chemicals can enter the workplace to conduct on-site inspections, and increase the use of information technology to conduct online inspections and spot checks on major hazardous sources.

 

The main contents of the draft also include requiring enterprises that produce and store hazardous chemicals to strengthen process safety management, set up corresponding safety facilities and equipment in the workplace, and conduct safety evaluation of the enterprise every three years; clarifying that individuals are not allowed to purchase highly toxic chemicals and explosive hazardous chemicals, and prohibiting the sale and purchase of highly toxic chemicals and explosive hazardous chemicals through the Internet; clarifying that the state implements a hazardous chemical registration system to provide technical and information support for the safety management of hazardous chemicals and the prevention and emergency rescue of hazardous chemical accidents; clarifying that substitutes, team leaders, and dispatchers on the job site have the right to order production suspension and evacuation in an emergency.

Necessity of legislation

Hazardous chemicals have dangerous characteristics such as flammable, explosive, toxic and harmful, and accidents are likely to cause serious consequences. my country is a major producer, user, importer, and consumer of hazardous chemicals. The hazardous chemical industry is large in scale, involves many industries and fields, has a wide distribution area, and has a long safety management chain. With the rapid development of the economy and society, the situation of hazardous chemical production safety is becoming increasingly severe, and legislation is urgently needed to respond. The formulation of the Hazardous Chemical Safety Law will provide an important legal guarantee for accelerating the modernization of the hazardous chemical safety governance system and governance capabilities.

Dangerous Chemicals Safety Law

Full text of the draft

Dangerous Chemicals Safety Law of the People's Republic of China

(Draft for review)

Chapter I General Provisions

Article 1 This Law is formulated to strengthen the safety management of hazardous chemicals, prevent and reduce accidents involving hazardous chemicals, uphold the people-first principle and life-first principle, protect the life safety and health of the people, and protect the environment.

 

Article 2 This Law shall apply to the safety management of the production, storage, use, operation, transportation and waste disposal of hazardous chemicals.

 

For the disposal of waste hazardous chemicals, if there are other provisions in the laws, administrative regulations and relevant national regulations on environmental protection, such provisions shall apply.

 

Article 3 Hazardous chemicals as referred to in this Law refer to highly toxic chemicals and other chemicals that have the properties of being toxic, corrosive, explosive, flammable, and combustion-supporting, and are harmful to the human body, facilities, and the environment.

 

The state implements catalog management for hazardous chemicals. The catalog of hazardous chemicals and the principles for determining hazardous chemicals shall be determined, announced, and adjusted in a timely manner by the emergency management department of the State Council in conjunction with the competent departments of industry and information technology, public security, ecological environment, health and health, market supervision, transportation, agriculture and rural areas, and customs of the State Council, based on the identification of hazardous characteristics of chemicals, classification standards, and the needs of safety management.

 

Article 4 The safety management of hazardous chemicals shall adhere to the principle of safety management for industries, safety management for businesses, and safety management for production and operation, adhere to the principle of safety first, prevention first, and comprehensive management, adhere to the principle of who is in charge, who is responsible, who approves, who supervises, and who builds, who is responsible, strengthen and implement the main responsibility and local supervision responsibility of units producing, storing, using, operating, transporting and disposing of hazardous chemicals (hereinafter referred to as hazardous chemical units), and establish a mechanism of production and operation units responsible, employee participation, government supervision, industry self-discipline and social supervision.

 

Hazardous chemical units shall implement the full-staff safety production responsibility system, strengthen safety risk control and hidden danger investigation and management, carry out safety management system construction such as safety production standardization, provide safety production education and training for employees, improve the inherent safety level, and their main person in charge shall be fully responsible for the safety production of hazardous chemicals in their units. Hazardous chemical units with hazardous chemical production equipment, as well as hazardous chemical units with storage facilities and major hazard sources and hazardous chemical transportation enterprises shall purchase safety production liability insurance and promptly publicize the insurance situation to the public.

 

Dangerous chemical units shall have the safety conditions required by laws, administrative regulations and national standards and industry standards, establish, improve and implement safety management rules and regulations and job safety responsibility system, set up safety management institutions and equip full-time safety management personnel in accordance with the law, formulate and implement safety education and training plans, and provide safety education, legal education and job skills training for employees. Employees shall receive education and training, and work after passing the assessment; positions with qualification requirements shall be equipped with personnel who have obtained the corresponding qualifications in accordance with the law.

 

Article 5 No unit or individual may produce, store, operate, use or transport dangerous chemicals that are prohibited from production, storage, operation, use or transportation by the state.

If the state has restrictive regulations on the use of dangerous chemicals, no unit or individual shall use dangerous chemicals in violation of the restrictive regulations.

When enterprises and institutions use dangerous chemicals restricted by the state for scientific research needs, they shall strictly follow the relevant national regulations.

The people's governments of provinces, autonomous regions and municipalities directly under the central government may formulate lists of dangerous chemicals that are prohibited and restricted from production, storage, operation and use in their regions in light of local actual conditions, but they shall not affect transit transportation.

 

Article 6 Local people's governments at or above the county level shall strengthen leadership over the safety of hazardous chemicals, implement the local safety production responsibility system and local supervision responsibilities, prevent and resolve major safety risks, and comprehensively improve the level of safe development. Relevant departments that implement safety supervision and management of the production, storage, use, operation, transportation and waste disposal of hazardous chemicals (hereinafter referred to as departments responsible for the safety supervision and management of hazardous chemicals) shall perform their duties in accordance with the following provisions:

 

(I) The emergency management department shall be responsible for organizing the determination, publication and adjustment of the hazardous chemicals catalog, conducting safety reviews of new, rebuilt and expanded production and storage of hazardous chemicals in accordance with the law (the review content includes the design of safety facilities and safety evaluation), issuing hazardous chemical safety production (including production, operation and use) licenses or implementing filing management, responsible for the registration of hazardous chemicals, organizing emergency response to hazardous chemical accidents; assuming the responsibility of guiding, coordinating and supervising Check that other departments with hazardous chemicals safety supervision and management responsibilities have implemented the comprehensive work of hazardous chemicals safety supervision and management in accordance with the law, including the responsibilities of hazardous chemicals production safety supervision and management;

 

(ii) Public security organs are responsible for the public safety management of hazardous chemicals and the flow supervision of hazardous chemicals that can be used to manufacture explosives (hereinafter referred to as explosive-making hazardous chemicals) and highly toxic chemicals, and issue highly toxic chemical purchase licenses and highly toxic chemical road transport passes, and are responsible for the road traffic safety management of hazardous chemical transport vehicles, and implement peripheral traffic control at the scene of hazardous chemical road traffic accidents;

 

(iii) Market supervision departments are responsible for issuing hazardous chemicals that are included in the catalog of industrial product production licenses. The competent departments of ecological environment shall be responsible for the supervision and management of the manufacture, installation, use and monitoring of hazardous chemical pressure pipelines and pressure vessels, and issue business licenses for enterprises producing hazardous chemicals, storing, operating, using, transporting and disposing of hazardous chemicals (including transfer storage and disposal of hazardous wastes), and investigate and punish the acts of various market entities operating hazardous chemicals without licenses;

 

(IV) The competent departments of ecological environment shall assume the relevant safety supervision responsibilities for the disposal of waste hazardous chemicals, and shall supervise the collection, storage and disposal of hazardous wastes in accordance with the law. The competent transportation department is responsible for the license or filing of road and water transport of hazardous chemicals, as well as the safety management of transportation vehicles and loading and unloading operations. It is responsible for the safety supervision of the storage, loading and unloading and warehousing operations of port operating enterprises in the port area, the supervision of the safety of water transport of hazardous chemicals, and the qualification certification of drivers, crew members, loading and unloading management personnel, escort personnel, declaration personnel, and container loading and unloading site inspectors of road and water transport enterprises of hazardous chemicals. The railway regulatory department is responsible for the safety supervision and management of railway transport of hazardous chemicals and their transportation vehicles. The civil aviation department is responsible for the safety management of air transport of hazardous chemicals and air transport enterprises and their transportation vehicles. The postal administration department is responsible for the safety management of dangerous chemical delivery and investigates and punishes illegal delivery of dangerous chemicals in accordance with the law;

 

(VI) The health department is responsible for the safety supervision of the storage and use of dangerous chemicals in the medical and health institutions under its jurisdiction, and is responsible for organizing and coordinating the medical and health rescue work for injured persons in dangerous chemical accidents;

 

(VII) The natural resources department is responsible for incorporating relevant contents such as dangerous chemical construction projects and chemical parks, special areas for storing dangerous chemicals and surrounding safety control distances into the local land space planning, and supervises its implementation;

 

(VIII) The industrial and information technology department is responsible for the formulation and implementation of the development plan of the dangerous chemical industry, organizing the formulation of the list of dangerous chemicals that are prohibited and restricted from production, storage, operation and use by the state, as well as the establishment of chemical parks and their construction standards, entry conditions and management methods, and promoting the withdrawal of enterprises with backward technology, production capacity and high-risk dangerous chemicals;

 

(IX) Housing and Urban-Rural Development The department is responsible for the supervision and management of the quality of hazardous chemical construction projects, and implements fire design review and acceptance for hazardous chemical construction projects that require fire protection design in accordance with the national engineering construction fire protection technical standards, and organizes the formulation of national standards for engineering construction involving hazardous chemicals;

 

(10) The energy department is responsible for the protection of national oil and gas pipelines in accordance with the law, coordinates major issues of pipeline protection across provinces, autonomous regions, and municipalities directly under the central government, organizes the approval of oil and gas pipeline construction projects across provinces, autonomous regions, and municipalities directly under the central government, guides and urges oil and gas pipeline companies to implement the main responsibility for production safety, strengthens daily safety management, and ensures the safe operation of pipelines;

 

(11) The customs department is responsible for the supervision and management of imported and exported hazardous chemicals and related customs supervision areas, and implements inspections on imported and exported hazardous chemicals and their packaging;

 

(12) Other departments shall perform safety supervision and management duties for hazardous chemicals in relevant industries and fields in accordance with their respective responsibilities.

 

Article 7 Departments responsible for the safety supervision and management of hazardous chemicals shall conduct supervision and inspection in accordance with the law and have the right to take the following measures:

 

(i) Entering hazardous chemical workplaces to conduct on-site inspections, obtaining information from relevant units and personnel, and reviewing and copying relevant documents and materials; if necessary, sampling and testing of hazardous chemicals may be carried out;

 

(ii) Upon discovering safety hazards of hazardous chemicals, ordering them to be eliminated immediately or within a time limit;

 

(iii) Ordering the immediate cessation of use of facilities, equipment, devices, instruments, and transportation vehicles that do not comply with the provisions of laws, administrative regulations, rules, or national standards or industry standards;

 

(iv) Seizing illegal production, storage, use, and operation of hazardous chemicals and waste hazardous chemicals (5) If any illegal act affecting the safety of hazardous chemicals is found, it shall be corrected on the spot or ordered to be corrected within a time limit; (6) If any illegal act that should be handled by other departments is found, it shall be transferred to other departments for handling in a timely manner and a written record shall be made; The departments responsible for the safety supervision and management of hazardous chemicals shall conduct supervision and inspection in accordance with the law. The number of supervisors and inspectors shall not be less than two and they shall show their law enforcement certificates; relevant units and individuals shall cooperate with the supervision and inspection conducted in accordance with the law and shall not refuse or obstruct it. 

Article 8 People's governments at or above the county level shall establish a coordination mechanism for the safety supervision and management of hazardous chemicals, support and urge departments responsible for the safety supervision and management of hazardous chemicals to perform their duties in accordance with the law, and coordinate and solve major problems in the safety supervision and management of hazardous chemicals. Departments responsible for the safety supervision and management of hazardous chemicals shall cooperate with each other, work closely together, share information, and strengthen the safety supervision and management of hazardous chemicals in accordance with the law. 

Article 9 Any unit or individual has the right to report any violation of the provisions of this Law to the department responsible for the safety supervision and management of hazardous chemicals. Upon receiving a report, the department responsible for the safety supervision and management of hazardous chemicals shall promptly handle it in accordance with the law; for any report that does not fall within the responsibility of the department, it shall inform the reporter in accordance with the law or promptly transfer it to the relevant department for handling; the relevant department shall accept and handle it in a timely manner.

 

The relevant departments of the people's government at or above the county level shall establish a reward mechanism for reporting illegal acts of hazardous chemicals. Rewards shall be given to reporters, especially internal reporters, for reporting illegal acts of their units, and the information of reporters shall be strictly protected after verification.

 

Article 10 The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall establish a hazardous chemical information management system, and implement electronic identification and full life cycle information management for hazardous chemicals.

 

Article 11 The state encourages enterprises that produce, store, use, operate, transport, and dispose of hazardous chemicals to adopt advanced technologies, processes, equipment, and automatic control systems that are conducive to improving the inherent safety and safety assurance level, and encourages the implementation of special storage, unified distribution, and centralized sales of hazardous chemicals.

 

Article 12 Units that produce, store and use hazardous chemicals shall identify relevant responsible personnel, register and file major hazardous sources of hazardous chemicals in accordance with relevant national regulations, conduct regular inspections, assessments and real-time monitoring, formulate emergency plans, establish safety monitoring and early warning systems, and report major hazardous sources and relevant safety measures and emergency measures to the relevant local people's government departments responsible for the safety supervision and management of hazardous chemicals for filing.

 

Departments responsible for the safety supervision and management of hazardous chemicals shall establish a safety risk monitoring and early warning system, conduct special supervision and inspections on major hazardous sources of hazardous chemicals on a regular basis by classification, eliminate accident hazards in a timely manner, and prevent major accidents.

 

Article 13 People's governments at all levels shall reward units, industry organizations and individuals who have made outstanding achievements in the safe production of hazardous chemicals.

 

Chapter II Registration and Identification

Article 14 The state implements a hazardous chemical registration system, registers chemicals that meet the principles for determining hazardous chemicals, and provides technical and information support for the safety management of hazardous chemicals and the prevention and emergency rescue of hazardous chemical accidents.

 

The state exempts hazardous chemicals such as research and development, trial production and trial sales, low-volume low-release and low-exposure, and polymers from registration. The specific measures shall be determined and announced by the State Council Emergency Management Department in conjunction with the State Council's Industry and Information Technology, Public Security, Ecological Environment, Health, Agriculture and Rural Affairs, Customs and other departments, and adjusted in due course.

 

Article 15 Dangerous chemical production enterprises and import enterprises shall register dangerous chemicals with the institution responsible for dangerous chemical registration of the State Council Emergency Management Department (hereinafter referred to as the dangerous chemical registration institution).

 

Dangerous chemical registration includes the following contents:

(i) Classification and labeling information;

(ii) Physical and chemical properties;

(iii) Main uses;

(iv) Hazardous characteristics;

(v) Safety requirements for storage, use, transportation and waste disposal;

(vi) Emergency response measures in case of dangerous situations;

 

For the same type of dangerous chemicals produced or imported by the same enterprise, duplicate registration shall not be carried out. If a dangerous chemical production enterprise or import enterprise finds that the dangerous chemicals it produces or imports have new hazardous characteristics or the registration items have changed, it shall promptly go through the registration content change procedures with the dangerous chemical registration institution.

 

The specific measures for the registration of dangerous chemicals shall be formulated by the State Council Emergency Management Department.

 

Article 16 Dangerous chemical production and import enterprises shall identify the chemicals they produce and import whose hazardous characteristics have not yet been determined. According to the identification results, if the chemicals are dangerous chemicals or the hazardous characteristics are not listed in the dangerous chemical catalog, they shall be reported in writing to the emergency management department of the State Council in a timely manner, and the relevant chemicals shall be registered and managed in accordance with this Law. If the dangerous chemical catalog needs to be adjusted according to the identification results, it shall be handled in accordance with the provisions of the second paragraph of Article 3 of this Law. Dangerous chemical identification institutions shall have the corresponding conditions and capabilities prescribed by the state.

 

If the customs authorities find chemicals whose hazardous characteristics have not yet been determined, they shall refuse the customs declaration of the relevant units and promptly inform the emergency management departments at the same level. If the hazardous characteristics of chemicals have not yet been determined, enterprises shall not engage in production, operation, storage, use, transportation and other activities without authorization.

 

Article 17 Dangerous chemical registration institutions shall establish a dangerous chemical registration information database, incorporate it into the dangerous chemical management information system, open the dangerous chemical registration information database query function to the public security, industry and information technology, ecological environment, health and health, transportation, agriculture and rural areas, natural resources, customs, market supervision and other departments, and disclose to the public the relevant information and emergency consultation telephone numbers of the safety technical instructions of registered dangerous chemicals.

 

Article 18 Dangerous chemical production enterprises and import enterprises shall provide Chinese chemical safety data sheets that are consistent with the dangerous chemicals they produce and import, and affix or attach chemical safety labels that are consistent with the dangerous chemicals in the packaging to the dangerous chemical packaging. The contents of chemical safety data sheets and chemical safety labels shall comply with the requirements of national standards. If dangerous chemical production enterprises and import enterprises find that the dangerous chemicals they produce or import have new hazardous characteristics, they shall immediately announce and promptly revise their chemical safety data sheets and chemical safety labels.

 

Chapter III Planning and Layout

Article 19 The state shall establish a coordination and communication mechanism for the preparation of the national chemical industry development plan composed of the development and reform department, industry and information technology department, natural resources department, ecological environment department, housing and urban-rural construction department and emergency management department of the State Council, and implement overall planning and reasonable layout for the production and storage of dangerous chemicals.

 

The State Council’s industrial and information technology department and other relevant departments of the State Council shall, in accordance with their respective responsibilities, conduct safety assessments when preparing industry plans, industrial plans and regional layouts for the production and storage of dangerous chemicals, and put forward measures and suggestions on industrial positioning, planning layout, economic scale, enterprise access conditions, etc.

 

When local people's governments organize the preparation of land and space planning, they shall plan appropriate areas specifically for the production and storage of hazardous chemicals based on the actual conditions of the region and in accordance with the principle of ensuring safety, and maintain a safe distance in accordance with national regulations from surrounding buildings and structures.

 

The site selection of hazardous chemical storage facilities whose storage quantity constitutes a major hazard source shall avoid earthquake active faults and areas prone to floods, geological disasters, and forest fires.

 

Article 20 Chemical parks shall comply with the requirements of the chemical industry development planning of the national, regional, provincial and municipal people's governments, and comply with the relevant requirements of land and space planning.

 

The establishment of chemical parks shall submit a safety risk assessment report, prepare an emergency plan, and report to the municipal people's government for approval in accordance with the management authority.

 

Chemical parks shall establish a hazardous chemical information management system and implement risk monitoring and early warning for enterprises, key sites, major hazard sources, and infrastructure within the park. The construction standards, identification conditions and management methods of chemical parks shall be formulated by the State Council's industrial and information technology department in conjunction with relevant departments of the State Council.

 

Article 21 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the requirements of green development, safe development and high-quality development, adhere to the principles of scientific planning, centralized layout, reasonable layout, industrial linkage, and complete supporting infrastructure and public works, and reasonably plan and orderly build chemical parks on the basis of carrying out planning environmental impact assessment in accordance with the law.

 

Chemical parks shall strictly follow the industrial positioning, and new and expanded hazardous chemical production and construction projects shall enter chemical parks, except for renewable energy projects such as electrolytic hydrogen production and hazardous chemical construction projects supporting other industries. Non-chemical enterprises are prohibited from entering chemical parks.

 

Article 22 The people's governments of cities with districts shall conduct safety risk assessments on chemical parks in their regions at least once every five years. When unacceptable risks are found, timely measures shall be taken to reduce risks and ensure that regional safety risks are acceptable.

 

When the types, quantities, layouts, etc. of hazardous chemicals in chemical parks change and it is necessary to adjust the risk control conditions of chemical parks, safety risk assessments of chemical parks shall be organized in a timely manner, and relevant emergency plans shall be revised. 

Article 23 Chemical parks shall maintain a safe distance from urban built-up areas, crowded places, important facilities, sensitive targets, etc. that complies with relevant laws, administrative regulations and national standards.

 

The safety production management organization of the chemical park shall, based on the results of the overall safety risk assessment of the chemical park and the requirements of relevant laws and regulations, delineate the land planning safety control line around the chemical park and report it to the natural resources department and emergency management department of the location of the chemical park. The natural resources department shall integrate the relevant content into the local land space planning.

 

The natural resources departments of the municipal and county-level local people's governments where the chemical park is located shall strictly control the development and utilization of land within the land planning safety control line around the chemical park. Development and construction projects within the land planning safety control line shall undergo safety risk assessment and meet the safety risk control requirements.

 

Article 24 Local people's governments at or above the county level shall strengthen the safety guarantee of dangerous chemical transportation, and plan logistics parks, centralized parking areas, and gas stations and temporary parking areas for dangerous chemical vehicles in highway service areas involving the storage, loading and unloading, and transportation of dangerous chemicals.

 

Article 25 The safe distance between hazardous chemical production equipment or hazardous chemical storage facilities with storage quantities that constitute major hazard sources and the following places, facilities and areas shall comply with relevant national regulations:

 

(i) Residential areas, commercial centers, parks and other crowded places;

(ii) Schools, hospitals, theaters, stadiums and other public facilities;

(iii) Drinking water sources, water plants and water source protection areas;

(iv) Stations, docks (except those engaged in hazardous chemical loading and unloading operations with permission in accordance with the law), airports and communication trunks, communication hubs, railway lines, road traffic trunks, water traffic trunks, subway wind pavilions and subway station entrances and exits;

(v) Ecological protection red lines, permanent basic farmland, basic grasslands, livestock and poultry genetic resource protection areas, livestock and poultry scale breeding farms (breeding communities), fishery waters and seed, breeding livestock and poultry, aquatic seed production bases, and important wildlife habitats;

(vi) Rivers, lakes, reservoirs, and nature reserves;

(vii) Military restricted areas and military management areas;

(viii) Other places, facilities and areas specified by laws and administrative regulations.

 

If the existing hazardous chemical production facilities or storage facilities for hazardous chemicals whose storage quantity constitutes a major hazard source do not comply with the provisions of the preceding paragraph, the industrial and information technology department and the emergency management department of the municipal people's government where the location is located shall supervise the subordinate units to make rectifications within the prescribed period together with relevant departments; if it is necessary to change production, stop production, relocate or close down, the people's government at the same level shall decide and organize the implementation.

 

Chapter IV Production and Storage Safety

Article 26 The safety facilities of new, rebuilt or expanded engineering projects for the production and storage of hazardous chemicals and port and railway engineering projects for the storage and loading and unloading of hazardous chemicals (hereinafter collectively referred to as hazardous chemical construction projects) must be designed, constructed, put into production and use at the same time as the main project. The investment in safety facilities shall be included in the budget of the construction project. 

Article 27 The design unit and its design personnel of the safety facilities of the hazardous chemical construction project shall be responsible for the design of the safety facilities. The design of safety facilities for hazardous chemical construction projects shall propose measures and suggestions for ensuring safety.

 

The construction unit shall design and construct in accordance with the relevant national construction project safety standards and the safety facilities reviewed by the relevant departments, and shall be responsible for the quality of the project and construction safety; for hazardous chemical construction projects that implement engineering supervision, the construction unit shall entrust supervision for the construction of safety facilities.

 

The construction unit shall organize the acceptance of safety facilities, and the facilities may be put into production and use only after the acceptance is qualified.

 

Article 28 Construction projects for the production and storage of hazardous chemicals shall be subject to safety review by the emergency management department.

 

The construction unit shall entrust an institution with the qualifications and conditions prescribed by the state to conduct a safety review of the construction project, and report the design and safety evaluation of the safety facilities to the emergency management department of the people's government at or above the municipal level where the construction project is located; the emergency management department shall make a review decision within 20 working days from the date of receipt of the report and notify the construction unit in writing. The specific measures shall be formulated by the emergency management department of the State Council.

 

The construction projects of ports and railways for the storage and loading and unloading of hazardous chemicals shall be subject to safety review by the port and railway administrative departments respectively. The specific measures shall be formulated by the port and railway administrative departments respectively.

 

Article 29 Enterprises producing and storing hazardous chemicals shall establish a safety risk assessment and commitment announcement system, confirm the safety risks existing in the unit, implement safety risk classification management and control, take corresponding safety management and control measures, and make public commitments and announcements to the society. When major changes occur in the processes, facilities, equipment, raw materials, etc. of hazardous chemical production and storage enterprises, safety risk assessments shall be re-conducted. Hazardous chemical production and storage enterprises shall not use processes, technologies and equipment facilities that endanger production safety and are eliminated by the state. The specific catalogue shall be formulated and announced by the emergency management department of the State Council in conjunction with relevant departments of the State Council.

 

Article 30 Hazardous chemical production and storage enterprises shall establish a process safety management system including all production operations such as process operation, special operations, start-up and shutdown, inspection and maintenance, and changes, clarify the responsible persons, job responsibilities and operating procedures, and organize effective implementation to strengthen process safety management.

 

Article 31 The safety management of hazardous chemical pipelines and their ancillary facilities buried, on the ground, overhead, and laid in public areas by units producing and storing hazardous chemicals shall comply with the relevant provisions of laws, administrative regulations, and national standards or industry standards.

 

It is prohibited for pipelines of highly toxic hazardous chemicals such as phosgene and chlorine to pass (cross) public areas. Strictly control the passage of hazardous chemical pipelines such as ammonia and hydrogen sulfide through public areas. If it is necessary to pass through public areas, a qualified safety assessment agency shall conduct a special safety assessment.

 

Article 32 Units that produce and store hazardous chemicals shall set up obvious signs on the hazardous chemical pipelines they lay, and conduct regular inspections, tests and patrols of hazardous chemical pipelines.

 

For construction work that may endanger the safety of hazardous chemical pipelines, the construction unit shall notify the unit to which the pipeline belongs of the construction plan in writing 7 days before the start of construction, and jointly formulate an emergency plan with the unit to which the pipeline belongs and take corresponding safety protection measures. The unit to which the pipeline belongs shall appoint special personnel to provide guidance on pipeline safety protection on site.

 

Article 33 The transportation of petroleum and natural gas through pipelines shall comply with the relevant laws, administrative regulations and national standards or industry standards on the protection of petroleum and natural gas pipelines.

 

Article 34 Research and development units shall carry out safety risk assessments and strengthen safety management of the research and development process to ensure the safety of the research and development process when developing new processes and technologies for hazardous chemicals.

 

When a research and development unit transfers new processes and technologies for hazardous chemicals, it shall provide safety demonstration reports and relevant information for the new processes and technologies.

 

Article 35 Hazardous chemical production and storage enterprises shall establish and improve safety management and technical teams. Their main person in charge and the person in charge of production safety shall have a college degree or above in chemical-related majors and more than three years of practical experience. Full-time production safety management personnel shall have intermediate or above chemical-related professional and technical titles or chemical safety registered safety engineer qualifications. New front-line employees shall have a chemical vocational education background or a general high school degree or above and receive hazardous chemical production safety education and training. They can only take up their posts after passing the assessment.

 

Article 36 Before an enterprise producing hazardous chemicals conducts formal production, it shall obtain a hazardous chemical production safety license (production) in accordance with the provisions of the "Safety Production License Regulations".

 

Hazardous chemical production enterprises with low risk and no chemical reactions do not need to obtain a hazardous chemical production safety license, and the emergency management department of the county-level people's government shall implement filing management, except for those that constitute major hazard sources. The specific measures shall be formulated by the emergency management department of the State Council.

 

Enterprises producing hazardous chemicals listed in the catalog of industrial products for which the state implements a production license system shall obtain industrial product production licenses in accordance with the provisions of the Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses.

 

The department responsible for issuing hazardous chemical safety production licenses and industrial product production licenses shall promptly announce the issuance of licenses to the public, except for information involving state secrets, commercial secrets and personal privacy.

 

Article 37 The packaging and containers of hazardous chemicals shall comply with the provisions of laws, administrative regulations, rules and regulations, as well as the requirements of national standards and industry standards, and shall be inspected and qualified; if they have not been inspected or have been inspected and failed, the production enterprises of hazardous chemical packaging and containers shall not sell them.

 

The materials of hazardous chemical packaging and containers, as well as the types, specifications, methods and unit mass (weight) of hazardous chemical packaging, shall be compatible with the nature and use of the hazardous chemicals packaged.

 

Article 38 Enterprises that produce hazardous chemical packaging and containers included in the catalog of industrial products subject to the national production license system shall obtain industrial product production licenses in accordance with the provisions of the Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses; the hazardous chemical packaging and containers produced by them shall be inspected and qualified by the inspection agency recognized by the market supervision department of the State Council before they can be sold. Ships transporting hazardous chemicals and their containers shall be produced in accordance with national ship inspection specifications and shall be inspected and qualified by ship inspection agencies recognized by the maritime administration before they can be put into use.

 

For reusable hazardous chemical packaging and containers, the user unit shall inspect them before reusing them; if any safety hazards are found, they shall be repaired or replaced in a timely manner. The user unit shall make a record of the inspection, and the record shall be kept for no less than two years.

 

Article 39 Enterprises producing and storing hazardous chemicals shall be equipped with automatic control systems and safety instrument systems in accordance with the provisions of national standards or industry standards, establish safety monitoring and early warning systems, realize information-based safety monitoring, monitoring and early warning, and realize interconnection with relevant government departments.

 

Article 40 Units that produce or store hazardous chemicals shall, according to the types and hazardous characteristics of the hazardous chemicals they produce or store, install corresponding safety facilities and equipment such as monitoring, surveillance, ventilation, sun protection, temperature control, fire prevention, fire extinguishing, explosion prevention, pressure relief, anti-poisoning, neutralization, moisture prevention, lightning protection, anti-static, anti-corrosion, leakage prevention, and protective dikes or isolation operations in the workplace, and perform regular maintenance and upkeep on safety facilities and equipment in accordance with national standards, industry standards or relevant national regulations to ensure the normal use of safety facilities and equipment.

 

Units that produce or store hazardous chemicals shall set up obvious safety warning signs in their workplaces and safety facilities and equipment.

 

Article 41 Units that produce or store hazardous chemicals shall install communication and alarm devices in their workplaces and ensure that they are in applicable conditions.

 

Article 42 Enterprises that produce, store, load and unload hazardous chemicals shall entrust institutions with the qualifications and conditions prescribed by the state to conduct a safety evaluation of the enterprise's production safety conditions every three years and submit a safety evaluation report. The content of the safety evaluation report shall include a plan for rectifying the problems existing in the safety production conditions and put forward concluding opinions.

 

Enterprises that produce and store hazardous chemicals shall report the implementation of the safety evaluation report and the rectification plan to the emergency management department of the county-level people's government where they are located for record. Enterprises that store and load and unload hazardous chemicals in the port area shall report the implementation of the safety evaluation report and the rectification plan to the port administrative department for record.

 

Article 43 Units that produce and store highly toxic chemicals or explosive precursor hazardous chemicals specified by the public security department of the State Council shall truthfully record the quantity and flow of highly toxic chemicals and explosive precursor hazardous chemicals produced and stored, and take necessary safety precautions to prevent the loss or theft of highly toxic chemicals and explosive precursor hazardous chemicals; if highly toxic chemicals and explosive precursor hazardous chemicals are found to be lost or stolen, they shall immediately report to the local public security organs.

 

Units that produce and store highly toxic chemicals and explosive precursor hazardous chemicals shall set up public security agencies and equip them with full-time public security personnel.

 

Article 44 Dangerous chemicals shall be stored in special warehouses, special sites or special storage rooms (hereinafter referred to as special storage places) and managed by special personnel; highly toxic chemicals shall be stored separately in special storage places, and a two-person receiving and sending and two-person custody system shall be implemented, and the receiving and sending records shall be kept for three years.

 

The safety management of dangerous chemical tank areas shall be implemented in accordance with relevant national regulations. The storage methods, methods and storage quantities of dangerous chemicals shall comply with national standards or relevant national regulations.

 

Article 45 Units storing dangerous chemicals shall establish a dangerous chemical entry and exit verification and registration system.

 

For highly toxic chemicals and other dangerous chemicals whose storage quantity constitutes a major hazard source, the storage unit shall report the storage quantity, storage location and management personnel to the emergency management department of the county-level people's government where it is located (if stored in the port area, report to the port administrative department) and the public security organ for filing.

 

Article 46 Special storage places for dangerous chemicals shall comply with the requirements of national standards and industry standards and be marked with obvious signs. Special storage places for storing highly toxic chemicals and explosive and flammable dangerous chemicals shall be equipped with corresponding technical prevention facilities in accordance with relevant national regulations.

 

Units storing hazardous chemicals shall regularly inspect and test the safety facilities and equipment of their special storage places for hazardous chemicals.

 

Article 47 If a unit producing or storing hazardous chemicals changes production, stops production, suspends business, or dissolves in whole or in part, it shall take effective measures to promptly and properly dispose of its hazardous chemical production equipment, storage facilities, and hazardous chemicals in stock, and shall not discard hazardous chemicals; the disposal plan shall be filed with the housing and urban-rural development department, emergency management department, industry and information technology department, ecological environment department, and public security organ of the local county-level people's government. The emergency management department shall supervise and inspect the disposal situation together with the ecological environment department and the public security organ, and if it is found that the disposal is not in accordance with the regulations, it shall be ordered to dispose of it immediately.

 

Chapter V Safety of Use

Article 48 Units using hazardous chemicals shall use conditions (including processes) in accordance with the provisions of laws, administrative regulations, and national standards and industry standards, and establish and improve safety management rules and regulations and safety operating procedures for the use of hazardous chemicals based on the types, hazardous characteristics, usage amounts, and usage methods of the hazardous chemicals used to ensure the safe use of hazardous chemicals. Relevant departments shall supervise and manage the safety of the use of hazardous chemicals in their respective industries and fields in accordance with their respective responsibilities.

 

Article 49 Chemical enterprises that use hazardous chemicals of the types specified by the State and use the specified amount (except for hazardous chemical production enterprises, the same below) shall obtain a hazardous chemical safety production license (use) in accordance with the provisions of this Law.

 

The types of hazardous chemicals and the quantity standards for their use specified in the preceding paragraph shall be determined and announced by the emergency management department of the State Council in conjunction with the public security department and the agricultural and rural authorities of the State Council.

 

Article 50 Chemical enterprises that apply for a hazardous chemical safety production license (use) shall, in addition to complying with the provisions of Article 48 of this Law, also meet the following conditions:

 

(a) Have professional and technical personnel corresponding to the hazardous chemicals used;

(b) Have a safety production management organization and full-time safety production management personnel, and the full-time safety production management personnel have intermediate or above chemical-related professional and technical titles or chemical safety registered safety engineer qualifications;

(c) Have a hazardous chemical accident emergency plan that complies with national regulations and full-time or part-time emergency rescue personnel, necessary emergency rescue equipment and facilities;

(d) Have conducted a safety evaluation in accordance with the law.

 

Article 51 Chemical enterprises applying for a hazardous chemical production safety license (use) shall apply to the emergency management department of the municipal people's government where they are located and submit supporting documents that prove that they meet the conditions specified in Article 50 of this Law. The emergency management department of the municipal people's government shall conduct an examination in accordance with the law and make a decision to approve or disapprove within 20 working days from the date of receipt of the supporting documents. If approved, a hazardous chemical production safety license (use) shall be issued; if not approved, the applicant shall be notified in writing and the reasons shall be stated.

 

The emergency management department shall promptly publicize the issuance of hazardous chemical production safety licenses (use) to the public, except for information involving state secrets, commercial secrets and personal privacy.

 

Article 52 Units using hazardous chemicals shall provide the chemical safety data sheet and chemical safety labels used in their workplaces to employees, affix Chinese safety labels to hazardous chemical containers, and inform employees of the correct use methods and measures to be taken in emergency situations.

 

Article 53 Schools, scientific research institutions, medical institutions, testing and inspection institutions and other units that use hazardous chemicals shall carry out identification of dangerous and harmful factors, take safety risk prevention measures, strengthen safety production education and training for employees, enhance safety awareness, and establish and improve safety management rules and regulations for hazardous chemicals.

 

Article 54 When purchasing hazardous chemicals, any unit or individual has the right to request safety technical instructions for relevant hazardous chemicals from the production and operation units of hazardous chemicals to understand their hazardous characteristics, protective measures and usage methods.

 

When selling hazardous chemicals, the production and operation units of hazardous chemicals shall provide the purchasing units or individuals with chemical safety technical instructions that comply with laws, administrative regulations, national standards and industry standards.

 

Article 55 Before using hazardous chemicals, the user unit shall conduct corresponding safety risk assessments, confirm the safety risks existing in the unit, implement safety risk classification management and control, and take corresponding safety management and control measures.

 

Article 56 No unit or individual shall discard hazardous chemicals at will. If it is really necessary to discard, it shall be harmlessly treated in advance or handed over to the unit designated by the local neighborhood committee or village committee for centralized disposal.

 

Article 57 Ownerless hazardous chemicals found or picked up by the public shall be received by the public security organs. Hazardous chemicals received by the public security organs or confiscated by relevant departments in accordance with the law, which need to be treated harmlessly, shall be handed over to relevant hazardous chemical production enterprises or waste hazardous chemical centralized disposal units for treatment. The cost of treatment shall be borne by the state finance.

 

Article 58 Units and individuals shall take necessary control measures to strictly prevent the loss of hazardous chemicals. If hazardous chemicals are stolen, robbed or lost in other ways, the unit or individual where the case occurred shall immediately report to the public security organs, take necessary control measures, and report to the relevant departments in accordance with regulations. After receiving the report, the public security organs shall promptly conduct investigations and handle the case. Relevant departments shall actively cooperate with the public security organs in carrying out relevant work.

 

Article 59 The provisions of Articles 31, 32, 40, 41, the first paragraph of Article 43, 44, 45, 46 and 47 of this Law on units producing and storing hazardous chemicals shall apply to units using hazardous chemicals; the provisions of Articles 29, 30, 33, 35, 39 and 42 on enterprises producing and storing hazardous chemicals shall apply to enterprises using hazardous chemicals for production.

 

Chapter VI Business Safety

Article 60 The State implements a licensing system for the operation of hazardous chemicals (including storage operations, hereinafter the same). No unit or individual may operate hazardous chemicals without permission.

 

A hazardous chemical production enterprise established in accordance with the law does not need to obtain a hazardous chemical operation license to sell the hazardous chemicals produced by the enterprise within its factory area.

 

A port operator who has obtained a port operation license in accordance with the provisions of the Port Law of the People's Republic of China does not need to obtain a hazardous chemical operation license to engage in hazardous chemical storage operations within the port area.

 

Article 61 Enterprises engaged in the business of hazardous chemicals shall meet the following conditions:

 

(i) Have business premises that meet national and industry standards. If hazardous chemicals are stored, they shall also have storage facilities that meet national and industry standards;

(ii) Employees shall receive professional technical training and pass the assessment;

(iii) Have sound safety management rules and regulations;

(iv) The main person in charge and full-time safety production management personnel shall have safety production knowledge and management capabilities that are suitable for the hazardous chemical business activities of the enterprise and pass the assessment of the emergency management department; special operation personnel shall receive special safety operation training and obtain special operation operation certificates;

(v) Have emergency plans for hazardous chemical accidents that meet national regulations and necessary emergency rescue equipment and facilities;

(vi) Other conditions stipulated by laws and regulations.

 

Article 62 Enterprises engaged in the operation of highly toxic chemicals and explosive and dangerous chemicals shall apply to the emergency management department of the people's government of the city where they are located; enterprises engaged in the operation of other dangerous chemicals shall apply to the emergency management department of the people's government of the county where they are located (if there are storage facilities, they shall apply to the emergency management department of the people's government of the city where they are located). The applicant shall submit supporting documents that prove that they meet the conditions stipulated in Article 61 of this Law. The emergency management department of the people's government of the city where they are located or the emergency management department of the people's government of the county shall conduct an examination in accordance with the law and conduct on-site verification of the applicant's employees' safety production education and training, business premises, storage facilities, safety management and other safety conditions. A decision to approve or disapprove shall be made within 20 working days from the date of receipt of the supporting documents. If approved, a dangerous chemical safety production license (operation) shall be issued; if not approved, the applicant shall be notified in writing and the reasons shall be stated.

 

The emergency management department of the people's government of the city where they are located and the emergency management department of the people's government of the county shall promptly publicize the issuance of the dangerous chemical safety production license (operation) to the public, except for information involving state secrets, commercial secrets and personal privacy.

 

Article 63 Where hazardous chemicals are stored by hazardous chemical companies, they shall comply with the provisions of Chapter 4 of this Law on the storage of hazardous chemicals. Hazardous chemical stores may store small civilian packages of hazardous chemicals in their storage and business premises, but the total amount shall not exceed the limit prescribed by national standards.

 

Article 64 No unit or individual may purchase hazardous chemicals from an enterprise that engages in the production and operation of hazardous chemicals without permission in accordance with the law, may not operate hazardous chemicals without chemical safety data sheets or chemical safety labels,

 

or may not change chemical safety data sheets or chemical safety labels without authorization.

 

Article 65 Enterprises that have obtained a hazardous chemical production safety license in accordance with the law may purchase highly toxic chemicals and explosive precursor hazardous chemicals with the corresponding license. Civilian explosives, fireworks, and weapons and equipment scientific research and production enterprises may purchase explosive precursor hazardous chemicals with the corresponding license.

 

Units other than those specified in the preceding paragraph that purchase highly toxic chemicals shall apply to the public security organs of the county-level people's government where they are located for a license to purchase highly toxic chemicals; when purchasing explosive precursor hazardous chemicals, they shall hold a legal use statement issued by the unit.

 

Individuals are not allowed to purchase highly toxic chemicals (except pesticides that are highly toxic chemicals) and explosive precursor dangerous chemicals (except daily necessities such as food additives, medicines, veterinary drugs, disinfectants, etc. that contain explosive precursor dangerous chemicals).

 

Article 66 To apply for a license to purchase highly toxic chemicals, the applicant shall submit the following materials to the public security organ of the county-level people's government where the applicant is located:

 

(i) A copy of the business license or legal person certificate (registration certificate);

(ii) A description of the type and quantity of the highly toxic chemicals to be purchased;

(iii) A description of the purpose of purchasing highly toxic chemicals;

(iv) Identification certificate of the person handling the matter.

 

The public security organ of the county-level people's government shall make a decision to approve or disapprove within three days from the date of receipt of the materials specified in the preceding paragraph. If approved, a license to purchase highly toxic chemicals shall be issued; if not approved, the applicant shall be notified in writing and the reasons shall be stated.

 

The Management Measures for the Purchase License of Highly Toxic Chemicals shall be formulated by the public security department of the State Council.

 

Article 67 When a hazardous chemical production enterprise or business enterprise sells highly toxic chemicals or explosive precursor hazardous chemicals, it shall check the relevant licenses or certification documents stipulated in the first and second paragraphs of Article 65 of this Law, and shall not sell highly toxic chemicals or explosive precursor hazardous chemicals to units that do not have relevant licenses or certification documents. For those who purchase highly toxic chemicals with a license for the purchase of highly toxic chemicals, they shall sell them in accordance with the variety and quantity stated in the license.

 

It is prohibited to sell highly toxic chemicals (except pesticides that are highly toxic chemicals) and explosive precursor hazardous chemicals (except daily necessities such as food additives, medicines, veterinary drugs, disinfectants, etc. that contain explosive precursor hazardous chemicals) to individuals.

 

Article 68 When a hazardous chemical production enterprise or business enterprise sells highly toxic chemicals or explosive precursor hazardous chemicals, it shall truthfully record the name, address, name and ID number of the purchasing unit, and the variety, quantity and purpose of the highly toxic chemicals and explosive precursor hazardous chemicals purchased. The sales record and the copy of the identity certificate of the person in charge, the copy of the relevant license or certification document shall be kept for no less than three years.

 

Sales enterprises and purchasers of highly toxic chemicals and explosive precursors shall, within ten days after the sale or purchase, report the types, quantities and flow information of the highly toxic chemicals and explosive precursors sold or purchased to the public security organs of the county-level people's government where they are located for record and enter the information system.

 

Article 69 Units that use highly toxic chemicals and explosive precursors shall not lend or transfer the highly toxic chemicals and explosive precursors they have purchased; if they really need to transfer due to production conversion, suspension of production, relocation, closure, etc., they shall transfer to units with relevant licenses or certification documents as stipulated in the first and second paragraphs of Article 65 of this Law, and report the relevant circumstances to the public security organs of the county-level people's government where they are located in a timely manner after the transfer.

 

Article 70 It is prohibited to sell highly toxic chemicals and explosive precursors through the Internet.

 

In addition to complying with relevant packaging, storage and transportation requirements, the sale of other dangerous chemicals through the Internet shall also comply with relevant regulations on Internet information release. Specific measures shall be formulated by the public security department, industrial and information technology department, emergency management department, market supervision department, and postal management department of the State Council in conjunction with relevant departments of the State Council.

 

Chapter VII Transportation Safety

Article 71 The transportation of hazardous chemicals by road, water, rail and civil aviation shall comply with the relevant laws, administrative regulations and national standards or industry standards on the transportation, storage and loading and unloading of hazardous goods.

 

For hazardous chemicals that need to be transported as ordinary goods, the exemption quantity and exemption conditions shall be formulated by the transportation department of the State Council.

 

Article 72 Those engaged in road, water, rail and air transportation of hazardous chemicals shall obtain road transportation permits, water transportation permits, rail transportation permits and air transportation permits for hazardous goods or file them in accordance with the relevant laws and administrative regulations on road, water, rail and air transportation, and go through registration procedures with the market supervision department.

 

Road, water, rail and air transportation enterprises of hazardous chemicals shall be equipped with full-time safety production management personnel.

 

Article 73 Drivers, crew members, loading and unloading management personnel, escorts, declaration personnel and on-site inspectors of container loading of road and water transportation enterprises of hazardous chemicals shall be qualified by the transportation department and obtain the qualification to work. The specific measures shall be formulated by the transportation department of the State Council.

 

The loading and unloading of hazardous chemicals shall comply with safety operation standards, procedures and systems, and shall be carried out under the on-site command or supervision of loading and unloading management personnel. The container loading operation of hazardous chemicals transported by water shall be carried out under the command or supervision of the on-site inspector of container loading, and shall comply with the specifications and requirements of stowage and isolation; after the loading operation is completed, the on-site inspector of container loading shall sign the loading certificate.

 

Article 74 When transporting hazardous chemicals, appropriate safety protection measures shall be taken according to the hazardous characteristics of hazardous chemicals, and necessary protective equipment and emergency rescue equipment shall be equipped.

 

Tanks, tank containers and other containers used to transport hazardous chemicals shall be tightly sealed to prevent leakage, spillage (spillage) of hazardous chemicals due to changes in temperature, humidity or pressure during transportation; overflow and pressure relief devices of tanks and other containers shall be accurately set and flexible to open and close.

 

Drivers, crew members, loading and unloading management personnel, escort personnel, declaration personnel, and on-site container loading inspectors who transport dangerous chemicals shall understand the hazardous characteristics of the dangerous chemicals being transported and the use requirements of their packaging and containers, master the emergency response measures when dangerous situations occur, and check the dangerous chemicals actually transported to ensure that they are consistent with the dangerous chemicals listed on the relevant list and packaging.

 

Article 75 When transporting dangerous chemicals by road, the consignor shall entrust an enterprise that has obtained the corresponding dangerous goods road transportation license in accordance with the law to carry out the transportation.

 

The road transport carrier of dangerous chemicals shall monitor and manage the vehicle and driver through the positioning system during the operation of the vehicle to achieve safety monitoring, supervision and early warning.

 

Article 76 When transporting dangerous chemicals by road, the filling unit shall load dangerous chemicals in accordance with the approved load, volume, liquid level and other requirements of the transport vehicle, and shall not exceed the limit or overload; the carrier and the filling unit shall check whether the transport vehicle and tank are within the validity period of the safety technical inspection and whether warning signs are installed, hung or sprayed.

 

Dangerous chemical transport vehicles and their tanks shall meet the safety and technical conditions required by national standards, and shall be cleaned and inspected regularly for safety and technical conditions in accordance with relevant national regulations.

 

Dangerous chemical transport vehicles and their tanks shall be equipped with, hung or sprayed with warning signs that meet the requirements of national standards.

 

Article 77 When transporting dangerous chemicals by road, the carrier shall be equipped with escorts and ensure that the transported dangerous chemicals are under the supervision of the escorts. The escorts shall carry the safety technical instructions and safety labels of the transported dangerous chemicals with them.

 

When transporting dangerous chemicals by road, the material, type, strength and packaging method of the dangerous chemical packaging shall meet the requirements of relevant national packaging regulations. Transport enterprises shall formulate corresponding emergency rescue plans for dangerous chemical accidents based on the hazardous characteristics of the dangerous chemicals being transported, and equip transport vehicles with necessary emergency rescue equipment and facilities.

 

If a long-term stop is required during the transportation of dangerous chemicals due to accommodation or situations that affect normal transportation, the driver and escort shall take corresponding safety precautions. The driver of a dangerous chemical transporter shall not drive continuously for more than four hours. If highly toxic chemicals or explosive dangerous chemicals are transported, they shall also be reported to the local public security organs.

 

Article 78 Without the approval of the public security organs, vehicles transporting dangerous chemicals shall not enter the restricted areas for vehicles transporting dangerous chemicals. The restricted areas for vehicles transporting dangerous chemicals shall be demarcated by the public security organs of the county-level people's government based on the risk classification of dangerous chemicals, and obvious signs shall be set up.

 

The public security organs shall strictly control the passage of dangerous goods transport vehicles on extra-large highway bridges, extra-long highway tunnels, and drinking water sources.

 

Article 79 If highly toxic chemicals are transported by road, the consignor shall apply for a road transport pass for highly toxic chemicals from the public security organs of the county-level people's government at the place of departure or destination.

 

To apply for a road transport pass for highly toxic chemicals, the consignor shall submit the following materials to the public security organ of the county-level people's government:

(i) A description of the type and quantity of highly toxic chemicals to be transported;

(ii) A description of the origin, destination, transportation time and transportation route of the transport;

(iii) Documents proving that the carrier has obtained a road transport permit for dangerous goods, the transport vehicle has obtained an operating license, and the driver and escort have obtained job qualifications;

(iv) The relevant license documents for the purchase of highly toxic chemicals as stipulated in the first and second paragraphs of Article 65 of this Law, or the import and export certification documents issued by the customs.

 

The public security organ of the county-level people's government shall make a decision to approve or disapprove within seven working days from the date of receipt of the materials specified in the preceding paragraph. If approved, a road transport pass for highly toxic chemicals shall be issued; if not approved, the applicant shall be notified in writing and the reasons shall be stated.

 

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

 

Article 80 If highly toxic chemicals or explosive and dangerous chemicals are lost, stolen, robbed, dispersed or leaked during road transportation, the driver and escort shall immediately take corresponding warning measures and safety measures and report to the local public security organ. After receiving the report, the public security organ shall immediately inform the transportation management department, emergency management department, ecological environment department and health department according to the actual situation. The relevant departments shall take necessary emergency disposal measures.

 

Article 81 If dangerous chemicals are transported by water, the laws, administrative regulations and the provisions of the transportation department of the State Council on the safety of dangerous goods transported by water shall be observed.

 

The maritime administration shall set up obvious restricted traffic signs for inland transport of dangerous chemicals at the upstream and downstream safe distances of super-large highway bridges, railway bridges and water interception dams, and implement effective control.

 

Article 82 The maritime administration shall determine the safe transportation conditions for dangerous chemicals transported by ships according to the types and dangerous characteristics of dangerous chemicals.

 

If the safe transportation conditions of dangerous chemicals to be delivered for transportation by ship are unclear, the owner or agent of the goods shall entrust the relevant technical institutions recognized by the national maritime administration to conduct an assessment, clarify the relevant safe transportation conditions and confirm them by the maritime administration before delivering them for transportation by ship.

 

Article 83 It is prohibited to transport highly toxic chemicals and other dangerous chemicals prohibited by national regulations from being transported by inland waters through closed inland waters.

 

Inland waters other than those specified in the preceding paragraph are prohibited from transporting highly toxic chemicals and other dangerous chemicals that are prohibited from being transported by inland waters by national regulations.

 

The scope of highly toxic chemicals and other dangerous chemicals prohibited from being transported by inland waters shall be determined and announced by the transportation department of the State Council in conjunction with the ecological environment department, the industrial and information technology department, and the emergency management department of the State Council based on the hazardous characteristics of dangerous chemicals, the degree of harm to human body and water environment, and the difficulty of eliminating the consequences of harm.

 

Article 84 The transportation department of the State Council shall, based on the hazardous characteristics of dangerous chemicals, implement classified management of dangerous chemicals other than those specified in Article 83 of this Law (hereinafter referred to as dangerous chemicals transported by inland waters) transported by inland waters, and shall separately stipulate and supervise the implementation of the transportation methods, packaging specifications and safety protection measures of various types of dangerous chemicals.

 

Article 85 The transportation of dangerous chemicals by inland waters shall be undertaken by water transport enterprises that have obtained the water transport license for dangerous goods in accordance with the law, and other units and individuals shall not undertake the transportation. Consignors shall entrust water transport enterprises that have obtained the water transport license for dangerous goods in accordance with the law to undertake the transportation, and shall not entrust other units and individuals to undertake the transportation.

 

Article 86 When transporting dangerous chemicals through inland waterways, transport vessels that have obtained dangerous goods suitability certificates in accordance with the law shall be used. Water transport enterprises shall formulate emergency rescue plans for dangerous chemical accidents on transport vessels based on the hazardous characteristics of the dangerous chemicals being transported, and equip transport vessels with sufficient and effective emergency rescue equipment and facilities.

 

The owner or operator of a ship transporting dangerous chemicals through inland waterways shall obtain a ship pollution damage liability insurance certificate or a financial guarantee certificate. A copy of the ship pollution damage liability insurance certificate or financial guarantee certificate shall be carried on board the ship.

 

Article 87 When transporting dangerous chemicals through inland waterways, the material, type, strength and packaging method of dangerous chemical packaging shall comply with the requirements of the water transport dangerous chemical packaging specifications. If the transportation department of the State Council has restrictive regulations on the quantity of dangerous chemicals transported by a single ship, the carrier shall arrange the transportation quantity in accordance with the regulations.

 

Article 88 Inland river docks and berths used for dangerous chemical transportation operations shall comply with relevant national safety regulations and maintain the national prescribed distance from drinking water intakes. Relevant management units shall formulate emergency plans for dangerous chemical accidents at docks and berths, and equip docks and berths with sufficient and effective emergency rescue equipment and facilities.

 

Inland river terminals and berths used for the transportation of hazardous chemicals may be put into use only after they have been accepted by the competent transportation department in accordance with relevant national regulations.

 

Article 89 When a ship carries hazardous chemicals in and out of an inland river port, it shall report the name, hazardous characteristics, packaging, and time of entry and exit of the hazardous chemicals to the maritime administration in advance. After receiving the report, the maritime administration shall make a decision on whether to agree within the time specified by the competent transportation department of the State Council, notify the reporter, and inform the port administration department at the same time. Ships with fixed ships, fixed routes, and fixed cargo types may report regularly.

 

When loading, unloading, and transshipping hazardous chemicals in an inland river port, the name, hazardous characteristics, packaging, and time and location of the operation of the hazardous chemicals shall be reported to the port administration department. After receiving the report, the port administration department shall make a decision on whether to agree within the time specified by the competent transportation department of the State Council, notify the reporter, and inform the maritime administration agency at the same time.

 

When a ship carrying hazardous chemicals sails in an inland river and passes through a ship-passing building, it shall report to the competent transportation department in advance and accept the management of the competent transportation department.

 

Article 90 When a ship carrying dangerous chemicals is navigating, loading and unloading or mooring, it shall hang special warning signs and display special signals in accordance with regulations.

 

When a ship carrying dangerous chemicals is navigating inland rivers and needs pilotage in accordance with the regulations of the transportation department of the State Council, it shall apply for pilotage.

 

Article 91 When a ship carrying dangerous chemicals is navigating inland rivers, it shall comply with laws, administrative regulations and other national regulations on the protection of drinking water sources and nature reserves. The inland waterway development plan shall be coordinated with the drinking water source protection area demarcation plan and the nature reserve master plan approved in accordance with the law.

 

Article 92 When consigning dangerous chemicals, the consignor shall submit an electronic or paper dangerous goods consignment list to the carrier, stating the type, quantity, hazardous characteristics and emergency response measures of the dangerous chemicals consigned, provide chemical safety data sheets, and properly package the consigned dangerous chemicals in accordance with relevant national regulations, and affix or attach chemical safety labels that match the dangerous chemicals in the packaging (including outer packaging) to the dangerous chemical packaging.

 

If the transport of hazardous chemicals requires the addition of inhibitors or stabilizers, the consignor shall add them and inform the carrier of the relevant circumstances.

 

Article 93 Consignors and carriers shall not carry hazardous chemicals in ordinary goods consigned or carried, and shall not conceal or falsely report hazardous chemicals as ordinary goods for consignment or transportation.

 

The provisions of the transportation department of the State Council shall be followed when sending or receiving hazardous chemicals.

 

It is prohibited to illegally carry flammable and explosive hazardous chemicals on public transportation. When carrying other hazardous chemicals on public transportation, relevant transportation management regulations shall be followed.

 

For suspected violations of the provisions of the first, second and third paragraphs of this article, the transportation department and the postal administration department may open and inspect according to law.

 

Article 94 The safety management of hazardous chemicals transported by rail or air (including temporary storage during transportation) shall be implemented in accordance with the relevant laws, administrative regulations and rules on rail and air transportation.

 

Chapter VIII Waste Disposal Safety

Article 95 Units that generate waste hazardous chemicals shall formulate hazardous waste management plans in accordance with relevant national regulations, establish hazardous waste management ledgers, record relevant information truthfully, and report the types, production quantities, flow directions, storage, disposal and other relevant information of waste hazardous chemicals to the local ecological and environmental authorities through the national hazardous waste information management system in accordance with hazardous waste management standards.

 

The ecological and environmental authorities shall push the information reported by the relevant units to the emergency management departments at the same level through the relevant information systems.

 

Before storing and disposing of waste hazardous chemicals that are explosive, flammable and emit toxic gases at normal temperature and pressure, units that generate waste hazardous chemicals shall carry out stabilization pretreatment in accordance with relevant national regulations.

 

Article 96 Units that generate waste hazardous chemicals shall have storage facilities that meet national standards, analyze the production links, types, quantities, properties, etc. of waste hazardous chemicals, take risk prevention and control measures, and formulate safe disposal plans.

 

Article 97 Safety facilities and pollution prevention and control facilities for construction projects for the collection, storage, utilization and disposal of waste hazardous chemicals shall be designed, constructed, put into production and used at the same time as the main project in accordance with the provisions of this Law. The specific measures for the "three simultaneous" shall be formulated by the competent ecological environment department.

 

Article 98 Units engaged in the collection, storage, utilization and disposal of waste hazardous chemicals and their packaging and containers shall have the safety production conditions stipulated in relevant national laws, administrative regulations and national standards or industry standards, and apply for a license issued by the competent ecological environment department in accordance with relevant national regulations. The specific management measures for licenses shall be formulated by the State Council.

 

It is prohibited to engage in the collection, storage, utilization and disposal of hazardous waste without a license or in violation of the provisions of the license.

 

It is prohibited to provide or entrust hazardous waste to unlicensed units or other producers and operators to engage in collection, storage, utilization and disposal activities.

 

Units that have obtained a license for hazardous waste operations do not need to obtain relevant licenses for hazardous chemical safety production.

 

Article 99 Units engaged in the collection, storage, use and disposal of waste hazardous chemicals shall establish and improve safety production rules and regulations, set up safety production management institutions or equip full-time safety production management personnel, take reliable safety measures, and accept supervision and management by the competent ecological environment department.

 

Units that collect, store, use and dispose of waste hazardous chemicals shall purchase environmental liability insurance in accordance with relevant national regulations.

 

Article 100 The transportation of waste hazardous chemicals shall comply with the relevant national regulations on the management of dangerous goods transportation, and take effective risk prevention and control measures to ensure the safety of waste hazardous chemicals transportation.

 

Chapter 9 Accident Emergency Rescue

Article 101 The emergency management department of the local people's government at or above the county level shall, in conjunction with the departments of industry and information technology, ecological environment, public security, health, transportation, market supervision, etc., formulate emergency plans for hazardous chemical accidents based on the actual situation of the region, submit them to the people's government at the same level for approval, and announce them to the public in accordance with the law.

 

Departments responsible for the safety supervision and management of hazardous chemicals shall formulate emergency plans for hazardous chemical accidents in their departments.

 

Article 102 Hazardous chemical units shall make good emergency preparations, improve emergency management systems, formulate emergency plans for hazardous chemical accidents in their units, establish full-time or part-time emergency rescue teams in accordance with the law, equip emergency rescue personnel and necessary emergency rescue equipment, equipment and materials, and organize emergency rescue drills regularly. For small-scale production and operation, it is not necessary to establish a special emergency rescue team, but it shall be equipped with full-time or part-time emergency rescue personnel and sign an emergency rescue agreement with the neighboring emergency rescue team.

 

Hazardous chemical units shall submit their emergency plans for hazardous chemical accidents to the local competent department responsible for the supervision and management of hazardous chemical safety for filing, and announce them to the public in accordance with the law.

 

Article 103 Local people's governments at or above the county level shall strengthen the construction of professional emergency rescue forces for hazardous chemicals in chemical parks in accordance with the actual needs of emergency work for production safety accidents, and may rely on qualified production and operation units and social organizations to jointly establish professional emergency rescue teams for hazardous chemicals, equip them with necessary emergency rescue equipment and materials, and organize training regularly.

 

Hazardous chemical units in chemical parks may jointly establish emergency rescue teams.

 

Article 104 In the event of a hazardous chemical accident, the principal person in charge of the accident unit shall immediately organize rescue in accordance with the unit's hazardous chemical emergency plan, report to the local emergency management department and the ecological environment, public security, and health and health departments, and promptly notify the units and personnel that may be affected; if a hazardous chemical accident occurs during road or water transportation, the driver, crew or escort shall also report to the transportation department of the place where the accident occurred.

 

Article 105 When a hazardous chemical unit encounters a hazardous chemical accident or encounters a dangerous situation, the on-site supervisor, team leader and dispatcher have the right to immediately issue an order to stop production and evacuate people, and direct the relevant people in distress to evacuate.

 

Article 106 In the event of a hazardous chemical accident, the relevant local people's government shall immediately organize the emergency management, ecological environment, public security, health and health, transportation and other relevant departments to organize and implement rescue in accordance with the local hazardous chemical accident emergency plan, and shall not delay or shirk responsibility.

 

The relevant local people's governments and their relevant departments shall, in accordance with the following provisions, take necessary emergency response measures such as stopping production and evacuating personnel to reduce accident losses and prevent the spread and expansion of accidents:

 

(i) Immediately organize rescue and treatment of victims, evacuate, evacuate or take other measures to protect other threatened persons;

(ii) Quickly control the source of harm, determine the nature of hazardous chemicals, the harm area and degree of harm caused by the accident;

(iii) Quickly take measures such as closure, isolation, and disinfection in response to the actual and possible harm caused by the accident to humans, animals, plants, soil, water sources, and the atmosphere;

 

(iv) Monitor and evaluate the environmental pollution and ecological damage caused by hazardous chemicals, and take corresponding environmental pollution control and ecological restoration measures.

 

Article 107 Relevant hazardous chemical units shall provide technical guidance and necessary assistance for emergency rescue of hazardous chemical accidents.

 

Article 108 If a hazardous chemical accident causes environmental pollution, the people's government at or above the prefecture-level city shall uniformly release relevant information.

 

Chapter 10 Legal Liability

Article 109 Anyone who produces, stores, operates, uses or transports dangerous chemicals that are prohibited by the state shall be ordered by the department responsible for the safety supervision and management of dangerous chemicals to stop production, operation, use or transportation activities in accordance with their respective duties. If there is any illegal income, the illegal income and the dangerous chemicals illegally produced, stored, operated, used or transported shall be confiscated, and the tools, equipment, raw materials and other items used for illegal production, storage, operation, use or transportation may be confiscated. At the same time, if the value of the dangerous chemicals illegally produced, stored, operated, used or transported is less than 100,000 yuan, a fine of not less than 300,000 yuan but not more than 500,000 yuan shall be imposed; if the value of the goods is more than 100,000 yuan, a fine of not less than five times but not more than ten times the value of the goods shall be imposed; if the circumstances are serious, the original issuing authority shall revoke the relevant license, and the department responsible for the safety supervision and management of dangerous chemicals shall transfer the case to the public security organ for detention of the principal person in charge, the directly responsible supervisor and other directly responsible persons for not less than five days but not more than 15 days; if a crime is constituted, criminal liability shall be investigated according to law.

 

If there are any acts specified in the preceding paragraph, the department responsible for the safety supervision and management of hazardous chemicals shall also order them to carry out harmless treatment of the hazardous chemicals produced, stored, operated and used.

 

If hazardous chemicals are used in violation of the state's restrictive regulations on the use of hazardous chemicals, they shall be dealt with in accordance with the provisions of the first paragraph of this article.

 

If a person knowingly engages in illegal acts specified in the preceding paragraph and still provides a place or other conditions for them, the department responsible for the safety supervision and management of hazardous chemicals shall order them to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than RMB 50,000 and not more than RMB 100,000; if damage is caused to others, they shall bear joint and several liability with the illegal producers, storers, operators, users and transporters.

 

Article 110 If the design unit, construction unit or construction unit of a hazardous chemical construction project has any of the following circumstances, the housing and urban-rural development department shall order it to make corrections within a time limit and impose a fine of not less than RMB 100,000 and not more than RMB 300,000; if the circumstances are serious, it shall be ordered to suspend business for rectification, reduce its qualification level, or even revoke its qualification certificate; if it causes serious consequences and constitutes a crime, the directly responsible persons shall be investigated for criminal responsibility in accordance with the law:

 

(1) Failure to propose measures to ensure safety in the design of safety facilities;

 

(2) Construction units fail to design and construct safety facilities in accordance with relevant national construction project safety standards and safety facilities reviewed by relevant departments;

 

(3) Construction units fail to entrust supervision of the construction safety of safety facilities in construction projects subject to engineering supervision.

 

Article 111 If a construction project for the production or storage of hazardous chemicals is newly constructed, rebuilt or expanded without safety review, the department responsible for the safety supervision of hazardous chemicals shall order the construction to be stopped and corrected within a time limit, and impose a fine of not less than RMB 500,000 but not more than RMB 1 million; if the correction is not made within the time limit, a fine of not less than RMB 1 million but not more than RMB 2 million shall be imposed, and the construction unit shall be ordered to demolish all or part of the completed construction project; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

 

If a port or railway construction project for the storage, loading and unloading of hazardous chemicals is newly constructed, rebuilt or expanded without safety review, the port administrative management department and the railway supervision department shall impose penalties in accordance with the provisions of the preceding paragraph respectively.

 

Article 112 In any of the following circumstances, the department responsible for the safety supervision and management of hazardous chemicals shall, in accordance with its duties, order the suspension of production, operation and use activities, confiscate the illegal gains and hazardous chemicals illegally produced, operated and used, and may confiscate the tools, equipment, raw materials and other items used for illegal production, operation and use; if the value of the hazardous chemicals illegally produced, operated and used is less than RMB 100,000, a fine of not less than twice but not more than five times the value of the goods shall be imposed; if the value of the goods is more than RMB 100,000, a fine of not less than five times but not more than ten times the value of the goods shall be imposed; in serious cases, the department responsible for the safety supervision and management of hazardous chemicals shall transfer the case to the public security organ for detention of the principal person in charge, the directly responsible supervisor and other directly responsible persons for not less than five days but not more than fifteen days; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

 

(i) engaging in production or operation of hazardous chemicals without obtaining a hazardous chemical safety production license (production, operation) in accordance with the law;

 

(ii) chemical enterprises engaging in production using hazardous chemicals without obtaining a hazardous chemical safety production license (use);

 

whoever engages in the production of hazardous chemicals and their packaging and containers without obtaining an industrial product production license in accordance with the law shall be punished by the market supervision department in accordance with the provisions of the preceding paragraph.

 

If anyone knowingly provides a place for production and operation or other conditions for the illegal acts specified in the preceding paragraph, the emergency management department at or above the county level shall order the illegal acts to be stopped, confiscate the illegal gains, and impose a fine of not less than RMB 50,000 but not more than RMB 100,000; if damage is caused to others, the person shall bear joint and several liability with the illegal producer and operator.

 

Article 113 If any of the following circumstances occurs, the department responsible for the safety supervision and management of hazardous chemicals shall order rectification according to its duties and impose a fine of not less than RMB 20,000 but not more than RMB 100,000, and impose a fine of not less than RMB 10,000 but not more than RMB 50,000 on its principal person in charge, directly responsible supervisor and other directly responsible persons; if rectification is refused, a fine of not less than RMB 100,000 but not more than RMB 200,000 shall be imposed; if the circumstances are serious, the person in charge, directly responsible supervisor and other directly responsible persons shall be ordered to suspend production and business for rectification, and a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed on its principal person in charge, directly responsible supervisor and other directly responsible persons:

 

(I) If the production and storage enterprises of hazardous chemicals fail to establish a process safety management system and clarify the responsible persons, job responsibilities and operating procedures;

 

(ii) The enterprises producing, storing, using and operating hazardous chemicals fail to provide safety education and training to their employees, or the relevant employees do not meet the qualifications or qualifications prescribed in this Law;

 

(iii) The units producing and storing hazardous chemicals fail to set up obvious signs on the hazardous chemical pipelines they lay, or fail to regularly inspect, test and patrol the hazardous chemical pipelines;

 

(iv) When carrying out construction work that may endanger the safety of hazardous chemical pipelines, the construction unit fails to notify the pipeline unit in writing of the construction plan in accordance with the regulations, or fails to jointly formulate emergency plans and take corresponding safety protection measures with the pipeline unit, or the pipeline unit fails to assign special personnel to the site to provide guidance on pipeline safety protection;

 

(v) The hazardous chemical production and import enterprises fail to provide Chinese chemical safety technical instructions, or fail to paste or hang Chinese chemical safety labels on the packaging;

 

(vi) The chemical safety technical instructions provided by the hazardous chemical production and import enterprises are inconsistent with the hazardous chemicals they produce.

 

(VII) Dangerous chemical production enterprises and import enterprises find that the dangerous chemicals they produce or import have new hazardous characteristics, but fail to immediately announce it, or fail to promptly revise their chemical safety data sheets and chemical safety labels;

 

(VIII) Dangerous chemical business enterprises operate dangerous chemicals without chemical safety data sheets and chemical safety labels, or change chemical safety data sheets and chemical safety labels without authorization;

 

(IX) The materials of dangerous chemical packaging and containers, as well as the packaging type, specification, method and unit mass (weight) are not suitable for the nature and use of the dangerous chemicals packaged;

 

(X) Units that produce, store and use dangerous chemicals fail to set up obvious safety warning signs in the workplace and safety facilities and equipment, or fail to Communication and alarm devices are installed in the workplace and are in applicable state;

 

(XI) The production, storage and use enterprises of hazardous chemicals have not established a safety risk assessment and commitment announcement system, or have not implemented safety risk classification management and control, taken corresponding safety management measures, or have not made public commitments and announcements to the society;

 

(XII) The research and development units have not carried out safety risk assessments when developing new processes and technologies for hazardous chemicals, or have not provided safety demonstration reports and related materials to the transferee;

 

(XIII) The units using hazardous chemicals have not provided the chemical safety data sheets and chemical safety labels used in their workplaces to the employees, and have not informed the employees of the correct use or measures to be taken in emergency situations;

 

(XIV) The special storage places for hazardous chemicals have not been managed by a dedicated person, or the system of two-person receipt and delivery and two-person custody of the stored highly toxic chemicals has not been implemented, or the receipt and delivery records have not been kept for three years;

 

(XV) The units storing hazardous chemicals have not established a verification system for the entry and exit of hazardous chemicals;

 

(16) Special storage places for hazardous chemicals are not marked with obvious signs;

 

(17) Hazardous chemical production enterprises and import enterprises fail to register hazardous chemicals, or fail to change the registration content of hazardous chemicals when they find that the hazardous chemicals they produce or import have new hazardous characteristics or the registration items have changed;

 

(18) Hazardous chemical production enterprises and import enterprises fail to identify the chemicals they produce or import whose hazardous characteristics have not yet been clarified, or fail to manage them in accordance with this Law after identification as hazardous chemicals, or fail to report them in writing to the emergency management department of the State Council in a timely manner;

 

(19) Hazardous chemical production, storage and use enterprises fail to equip automatic control systems and safety instrument systems in accordance with national standards or industry standards, establish safety monitoring and early warning systems, realize information-based safety monitoring, monitoring and early warning, and achieve interconnection with relevant government departments;

 

(20) Hazardous chemical production enterprises subject to filing management fail to file in accordance with regulations.

 

Port operators engaged in storage of hazardous chemicals shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph if they are in the circumstances specified in the preceding paragraph. If the special storage places for storing highly toxic chemicals and explosive precursor dangerous chemicals fail to set up corresponding technical prevention facilities in accordance with relevant national regulations, the public security organs shall impose penalties in accordance with the provisions of the preceding paragraph.

 

During the inspection of imported and exported dangerous chemicals, if the fifth, sixth, seventh and ninth illegal acts of the first paragraph of this article are found, the customs authorities shall impose penalties in accordance with the provisions of the first paragraph.

 

If the units that produce and store highly toxic chemicals and explosive precursor dangerous chemicals fail to set up public security and protection agencies and equip full-time public security and protection personnel, they shall be punished in accordance with the provisions of internal public security and protection of enterprises and institutions.

 

Article 114 Where a manufacturer of hazardous chemical packaging or containers sells uninspected or unqualified hazardous chemical packaging or containers, or where the packaging or containers used by a manufacturer of hazardous chemicals do not comply with the provisions of laws, administrative regulations, rules, or national standards or industry standards, the market supervision department shall order it to make corrections and impose a fine of not less than RMB 100,000 yuan but not more than RMB 200,000 yuan. If there is any illegal income, the illegal income shall be confiscated. If it fails to make corrections within the prescribed time limit, it shall be ordered to suspend production and business for rectification, and its principal person in charge, directly responsible supervisor and other directly responsible persons shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan. If a crime is constituted, criminal liability shall be investigated in accordance with the law.

 

If a ship transporting hazardous chemicals and its loaded containers are put into use without passing the inspection, the maritime administration shall impose penalties in accordance with the provisions of the preceding paragraph.

 

If any illegal act in the first paragraph of this article is found during the inspection of imported and exported hazardous chemicals, the customs department shall impose penalties in accordance with the provisions of the first paragraph.

 

Article 115 If an organization that produces, stores, or uses hazardous chemicals has any of the following circumstances, the department responsible for the safety supervision and management of hazardous chemicals shall order it to make corrections according to its respective responsibilities, impose a fine of not less than RMB 100,000 but not more than RMB 200,000, and impose a fine of not less than RMB 10,000 but not more than RMB 50,000 on its principal person in charge, directly responsible supervisor, and other directly responsible persons; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification until its relevant license is revoked by the original issuing authority, and the market supervision department shall order it to handle the change of business scope registration or revoke its business license; if it constitutes a crime, criminal liability shall be pursued in accordance with the law:

 

(i) Failure to inspect reusable hazardous chemical packaging and containers before reuse;

 

(ii) Failure to install relevant safety facilities and equipment at the workplace according to the types and hazardous characteristics of the hazardous chemicals it produces and stores, or failure to regularly maintain and service safety facilities and equipment in accordance with national standards, industry standards, or relevant national regulations;

 

(iii) Failure to regularly conduct safety inspections of its production conditions in accordance with the provisions of this Law

 

(iv) Failure to store hazardous chemicals in special storage places, or failure to store highly toxic chemicals separately in special storage places;

 

(v) Failure to store hazardous chemicals in a manner, method or storage quantity that does not comply with national standards or relevant national regulations;

 

(vi) Failure to regularly inspect and test safety facilities and equipment in special storage places for hazardous chemicals;

 

(viii) Failure to register and file, regularly inspect, evaluate, and monitor major hazardous sources of hazardous chemicals, formulate emergency plans, or establish a safety monitoring and early warning system;

 

(ix) Failure to identify relevant responsible persons, and failure to report major hazardous sources and relevant safety measures and emergency measures to the relevant local people's government departments responsible for the safety supervision and management of hazardous chemicals for record;

 

If a port operator engaged in the storage of hazardous chemicals has the circumstances specified in the preceding paragraph, the port administrative department shall impose penalties in accordance with the provisions of the preceding paragraph.

 

Article 116 If any of the following circumstances occurs, the public security organ shall order rectification and may impose a fine of less than RMB 100,000, and impose a fine of more than RMB 10,000 but less than RMB 50,000 on the principal person in charge, the directly responsible supervisor and other directly responsible persons; if rectification is refused, a fine of more than RMB 100,000 but less than RMB 200,000 shall be imposed, and a fine of more than RMB 50,000 but less than RMB 100,000 shall be imposed on the principal person in charge, the directly responsible supervisor and other directly responsible persons:

 

(1) Units that produce, store or use highly toxic chemicals or explosive precursors fail to truthfully record the quantity and flow of highly toxic chemicals or explosive precursors produced, stored or used;

 

(ii) Units producing, storing or using highly toxic chemicals or explosive precursors fail to immediately report to the public security organs when they discover that highly toxic chemicals or explosive precursors are lost or stolen;

 

(iii) Units storing highly toxic chemicals fail to report the storage quantity, storage location and management personnel of highly toxic chemicals to the public security organs of the county-level people's government where they are located for filing;

 

(iv) Dangerous chemical production and operation enterprises fail to truthfully record the name, address, name of the person in charge, ID number and the highly toxic chemicals or explosive precursors purchased by the units purchasing them. The types, quantities, uses of chemicals, or the time for keeping sales records and related materials is less than three years;

 

(V) The sales enterprises and purchase units of highly toxic chemicals and explosive precursor dangerous chemicals fail to report the types, quantities and flow information of the highly toxic chemicals and explosive precursor dangerous chemicals sold or purchased to the public security organs of the county-level people's government where they are located within the prescribed time limit;

 

(VI) The units that use highly toxic chemicals and explosive precursor dangerous chemicals transfer the highly toxic chemicals and explosive precursor dangerous chemicals they purchase in accordance with the provisions of this Law, but fail to report the relevant circumstances to the public security organs of the county-level people's government where they are located in a timely manner.

 

If an enterprise that produces or stores hazardous chemicals or a chemical enterprise that uses hazardous chemicals of the types specified by the state for production and the amount used reaches the prescribed amount fails to report the implementation of the safety evaluation report and rectification plan to the emergency management department or port administration department for filing in accordance with the provisions of this Law, or a unit that stores hazardous chemicals fails to report the storage quantity, storage location and management personnel of its highly toxic chemicals and other hazardous chemicals whose storage quantity constitutes a major hazard source to the emergency management department or port administration department for filing, the emergency management department or port administration department shall impose penalties in accordance with the provisions of the preceding paragraph.

 

Article 117 If a unit that produces, stores or uses hazardous chemicals changes production, stops production, suspends business or dissolves, and fails to take effective measures to promptly and properly dispose of its hazardous chemical production equipment, storage facilities and hazardous chemicals in stock, or discards hazardous chemicals, the department responsible for the safety supervision and management of hazardous chemicals shall order it to correct the violation in accordance with its respective duties and impose a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan, and impose a fine of not less than RMB 50,000 yuan but not more than RMB 100,000 yuan on its principal person in charge, directly responsible supervisor and other directly responsible persons; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

 

If a unit that produces, stores or uses hazardous chemicals changes production, stops production, suspends business or dissolves, and fails to file the disposal plan of its hazardous chemical production equipment, storage facilities and hazardous chemicals in stock with the relevant departments in accordance with the provisions of this Law, the relevant departments shall order it to correct the violation and may impose a fine of not more than RMB 100,000 yuan; if it refuses to correct the violation, it shall be fined not less than RMB 100,000 yuan but not more than RMB 200,000 yuan.

 

Article 118 Where a hazardous chemical production or business enterprise is purchased from an enterprise that has not been licensed or registered in accordance with the law and that is engaged in the production or business of hazardous chemicals, the emergency management department shall order it to make corrections and impose a fine of not less than RMB 200,000 but not more than RMB 500,000, and impose a fine of not less than RMB 50,000 but not more than RMB 100,000 on its principal person in charge, directly responsible supervisor and other directly responsible personnel; if it refuses to make corrections, it shall be ordered to suspend business for rectification until its hazardous chemical production safety license is revoked by the original issuing authority, and the market supervision department shall order it to register a change in business scope or revoke its business license.

 

Article 119 Where a hazardous chemical production or business enterprise has any of the following circumstances, the emergency management department shall order it to make corrections, confiscate the illegal gains, and impose a fine of not less than RMB 100,000 but not more than RMB 500,000, and impose a fine of not less than RMB 50,000 but not more than RMB 100,000 on its principal person in charge, directly responsible supervisor and other directly responsible personnel; if it refuses to make corrections, it shall be ordered to suspend business for rectification until its hazardous chemical production safety license is revoked, and the market supervision department shall order it to register a change in business scope or revoke its business license, and the emergency management department shall transfer it to the public security organ to give its principal person in charge, directly responsible supervisor, Personnel and other directly responsible persons shall be detained for a period of not less than five days but not more than fifteen days:

 

(1) Selling highly toxic chemicals or explosive precursor dangerous chemicals to units that do not have the relevant licenses or certification documents stipulated in the first and second paragraphs of Article 65 of this Law;

 

(2) Selling highly toxic chemicals not in accordance with the varieties and quantities specified in the purchase license of highly toxic chemicals;

 

(3) Selling highly toxic chemicals (except pesticides that are highly toxic chemicals) and explosive precursor dangerous chemicals (except daily necessities such as food additives, medicines, veterinary drugs, disinfectants, etc. containing explosive precursor dangerous chemicals) to individuals.

 

If an organization without the relevant license or certification documents stipulated in the first and second paragraphs of Article 65 of this Law purchases highly toxic chemicals or explosive precursor dangerous chemicals, or an individual purchases highly toxic chemicals (except pesticides that are highly toxic chemicals) or explosive precursor dangerous chemicals (except daily necessities such as food additives, medicines, veterinary drugs, disinfectants, etc. that contain explosive precursor dangerous chemicals), the public security organs shall confiscate the purchased highly toxic chemicals and explosive precursor dangerous chemicals, and may impose a fine of up to RMB 50,000; if the circumstances are serious, the emergency management department shall transfer the case to the public security organs for detention of the principal person in charge, the directly responsible supervisor and other directly responsible persons for not less than five days but not more than 15 days.

 

If an organization that uses highly toxic chemicals or explosive precursor dangerous chemicals lends or transfers the highly toxic chemicals or explosive precursor dangerous chemicals it has purchased to an organization that does not have the relevant licenses specified in the first and second paragraphs of Article 65 of this Law, or transfers the highly toxic chemicals (except pesticides that are highly toxic chemicals) or explosive precursor dangerous chemicals (except daily necessities such as food additives, medicines, veterinary drugs, disinfectants, etc. that contain explosive precursor dangerous chemicals) it has purchased to an individual, the public security organ shall order it to correct the violation, confiscate the illegal gains, and impose a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan; if it refuses to correct the violation, it shall be ordered to suspend production and business for rectification, and the emergency management department shall transfer the person in charge, the directly responsible supervisor, and other directly responsible persons to the public security organ for detention of not less than five days but not more than fifteen days. 

Article 120 If a unit that generates waste hazardous chemicals fails to formulate a hazardous waste management plan, establish a hazardous waste management account, or fails to submit relevant materials to the local ecological and environmental authorities in accordance with the provisions of this Regulation, the ecological and environmental authorities shall order it to make corrections within a time limit and impose a fine of not less than RMB 50,000 yuan but not more than RMB 100,000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification and be fined not less than RMB 100,000 yuan but not more than RMB 500,000 yuan, and its principal person in charge, directly responsible supervisor and other directly responsible persons shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan.

 

If a business unit engaged in the collection, storage, use and disposal of waste hazardous chemicals and their packaging and containers does not meet the safety production conditions stipulated in this Law or other laws, administrative regulations and national standards or industry standards, the ecological environment authority shall order it to suspend production and business for rectification and impose a fine of not less than RMB 500,000 and not more than RMB 1 million, and impose a fine of not less than RMB 20,000 and not more than RMB 100,000 on its principal person in charge, directly responsible supervisor and other directly responsible persons; if it fails to suspend production and business for rectification or still does not meet the safety production conditions after suspension of production and business for rectification, the ecological environment authority shall request the local people's government at or above the county level to close it in accordance with the authority prescribed by the State Council, and the relevant departments shall revoke its relevant licenses in accordance with the law.

 

Article 121 If a unit engages in road, water, rail or air transportation of hazardous chemicals without obtaining a road, water, rail or air transportation permit or filing for dangerous goods in accordance with the law, it shall be punished in accordance with the relevant laws and administrative regulations on road transportation, water transportation, rail transportation and air transportation.

 

Article 122 In any of the following circumstances, the competent transportation department shall order rectification and impose a fine of not less than RMB 100,000 but not more than RMB 200,000, and impose a fine of not less than RMB 10,000 but not more than RMB 50,000 on the principal person in charge, the directly responsible supervisor and other directly responsible persons; if rectification is refused, the production and business shall be ordered to be suspended for rectification; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

 

(i) The drivers, crew members, loading and unloading management personnel, escort personnel, declaration personnel, and on-site container loading inspectors of road and water transport enterprises of dangerous chemicals do not obtain the qualifications to work;

 

(ii) When transporting dangerous chemicals, the corresponding measures are not taken according to the dangerous characteristics of the dangerous chemicals;

 

(iii) Using a ship that has not obtained a dangerous goods suitability certificate in accordance with the law to transport dangerous chemicals through inland waterways;

 

(iv) A carrier that transports dangerous chemicals through inland waterways violates the restrictions on the number of dangerous chemicals transported by a single ship by the transportation department of the State Council;

 

(v) Inland river terminals and berths used for the transportation of dangerous chemicals do not meet the relevant national safety regulations, or do not maintain the national safety distance from the drinking water intake, or are not put into use without the approval of the transportation department;

 

(vi) Consignment The consignor fails to submit an electronic or paper dangerous goods consignment list to the carrier, indicating the type, quantity, hazardous characteristics and emergency response measures of the consigned dangerous chemicals, or fails to properly package the consigned dangerous chemicals and set corresponding signs on the outer packaging in accordance with relevant national regulations;

 

(VII) The consignor fails to add inhibitors or stabilizers when transporting dangerous chemicals or fails to inform the carrier of the relevant situation;

 

(VIII) When transporting dangerous chemicals by road, the filling unit fails to load dangerous chemicals in accordance with the approved load, volume, liquid level and other requirements of the transport vehicle;

 

(IX) Dangerous chemicals road The transport carrier fails to monitor, supervise or warn the operating hazardous chemical transport vehicles through the positioning system;

 

(10) The loading and unloading operations of hazardous chemicals fail to comply with safety operation standards, procedures and systems, or are not carried out under the on-site command or supervision of the loading and unloading management personnel;

 

(11) The carrier and the filling unit fail to check whether the transport vehicles and tanks are within the validity period of the safety technical inspection, or whether warning signs are installed, hung or sprayed;

 

(12) The tanks of hazardous chemical transport vehicles do not meet the safety and technical conditions required by national standards, and are not regularly cleaned and inspected for safety and technical conditions in accordance with relevant national regulations.

 

Article 123 If any of the following circumstances occurs, the competent transportation department shall order rectification and impose a fine of not less than RMB 200,000 yuan but not more than RMB 300,000 yuan. If there is any illegal income, the illegal income shall be confiscated, and the principal person in charge, the directly responsible supervisor and other directly responsible persons shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan. If rectification is refused, the production and business shall be ordered to be suspended for rectification. If a crime is constituted, criminal liability shall be investigated in accordance with the law:

 

(1) Entrusting an enterprise that has not obtained a dangerous goods road transport license or dangerous goods water transport license to transport dangerous chemicals;

 

(2) Transporting highly toxic chemicals and other dangerous chemicals prohibited by the state from being transported through inland waters through closed inland waters;

 

(3) Transporting highly toxic chemicals and other dangerous chemicals prohibited by the state from being transported through inland waters;

 

(4) Carrying dangerous chemicals in ordinary goods consigned or carried, or falsely reporting or concealing dangerous chemicals as ordinary goods for consignment or transportation.

 

If an individual carries flammable and explosive dangerous chemicals on public transportation or carries other dangerous chemicals on public transportation in violation of relevant regulations, the relevant industry competent department shall impose a fine of not less than RMB 500 but not more than RMB 10,000; if a crime is constituted, criminal liability shall be investigated according to law.

 

Article 124 If any of the following circumstances occurs, the public security organ shall order rectification and impose a fine of not less than RMB 100,000 but not more than RMB 200,000, and impose a fine of not less than RMB 10,000 but not more than RMB 20,000 on the directly responsible supervisor and other directly responsible persons; if it constitutes an act of violation of public security management, public security management punishment shall be imposed according to law; if a crime is constituted, criminal liability shall be investigated according to law:

 

(1) Loading dangerous chemicals in excess of the rated load of the transport vehicle;

 

(2) Using vehicles whose safety and technical conditions do not meet the requirements of national standards to transport dangerous chemicals;

 

(3) Vehicles transporting dangerous chemicals enter areas where dangerous chemical transport vehicles are restricted without the approval of the public security organ;

 

(4) Transporting highly toxic chemicals by road without obtaining a road transport pass for highly toxic chemicals.

 

If dangerous chemicals are carried in mail or express mail, or if dangerous chemicals are falsely reported as ordinary items for mailing, public security management punishment shall be imposed in accordance with the law; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.

 

If postal enterprises and express delivery enterprises illegally receive and send dangerous chemicals, they shall be punished in accordance with the provisions of the Postal Law of the People's Republic of China.

 

Article 125 If any of the following circumstances occurs, the public security organ shall order rectification and impose a fine of not less than RMB 50,000 yuan but not more than RMB 100,000 yuan, and impose a fine of not less than RMB 20,000 yuan but not more than RMB 50,000 yuan on the directly responsible supervisor and other directly responsible persons; if it constitutes an act of violation of public security management, public security management punishment shall be imposed in accordance with the law:

 

(i) Dangerous chemical transport vehicles or their tanks are not equipped with warning signs, or the warning signs do not meet the requirements of national standards;

(ii) Dangerous chemicals are transported by road without escort personnel;

(iii) The transportation of highly toxic chemicals or explosive precursor dangerous chemicals requires a long stop during the transportation, and the driver or escort personnel does not report to the local public security organ;

(iv) If highly toxic chemicals or explosive precursor dangerous chemicals are lost, stolen, robbed, dispersed, leaked, etc. during road transportation, the driver or escort personnel does not take necessary warning measures and safety measures, or does not report to the local public security organ.

 

Article 126 For dangerous chemical road transport enterprises that bear full or primary responsibility for traffic accidents, the county-level public security organs where the enterprises are located shall order them to eliminate safety hazards. Dangerous chemical transport vehicles that have not eliminated safety hazards are prohibited from driving on the road; if they drive on the road without authorization, the public security organs shall detain their principal person in charge, directly responsible supervisors and other directly responsible persons for not less than 5 days but not more than 15 days.

 

Article 127 In any of the following circumstances, the transportation authority shall order them to correct the situation and may impose a fine of not less than 50,000 yuan; if they refuse to correct the situation, they shall be fined not less than 50,000 yuan but not more than 100,000 yuan:

 

(i) Dangerous chemical road transport enterprises and water transport enterprises fail to have full-time safety production management personnel;

(ii) The management units of inland river terminals and berths used for dangerous chemical transportation operations fail to formulate emergency rescue plans for dangerous chemical accidents at terminals and berths, or fail to equip the terminals and berths with sufficient and effective emergency rescue equipment and facilities.

 

Article 128 Any of the following circumstances shall be punished in accordance with the provisions of the laws and administrative regulations of the People's Republic of China on inland waterway traffic safety management:

 

(i) A water transport enterprise that transports dangerous chemicals through inland waterways fails to formulate an emergency rescue plan for accidents involving dangerous chemicals on transport vessels, or fails to equip transport vessels with sufficient and effective emergency rescue equipment and facilities;

(ii) The owner or operator of a ship that transports dangerous chemicals through inland waterways fails to obtain a ship pollution damage liability insurance certificate or financial guarantee certificate;

(iii) A ship carrying dangerous chemicals in and out of an inland port fails to report the relevant matters to the maritime administration in advance and obtain its consent;

(iv) A ship carrying dangerous chemicals fails to display special warning signs during navigation, loading and unloading, or mooring, or fails to display special signals in accordance with regulations, or fails to apply for pilotage in accordance with regulations when navigating inland waterways.

 

If a ship loads, unloads, or transships dangerous chemicals in a port without reporting to and obtaining its consent, it shall be punished in accordance with the provisions of the Port Law of the People's Republic of China.

 

Article 129 Anyone who forges, alters, rents, lends, or transfers a hazardous chemical production safety license or industrial product production license, or uses a forged or altered hazardous chemical production safety license or industrial product production license, shall be punished in accordance with the provisions of the laws and regulations on production safety licenses and industrial product production licenses of the People's Republic of China.

 

Anyone who forges, alters, rents, lends, or transfers other licenses specified in this Law, or uses a forged or altered other license specified in this Law, shall be fined not less than RMB 200,000 yuan but not more than RMB 300,000 yuan by the relevant license issuing and management authority, and the illegal gains, if any, shall be confiscated; if it constitutes an act of violation of public security management, public security management punishment shall be imposed in accordance with the law; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.

 

Article 130 If a hazardous chemical unit has a hazardous chemical accident, and its main person in charge fails to immediately organize rescue or fails to immediately report to the relevant departments, he shall be punished in accordance with the provisions of the laws and administrative regulations on the reporting, investigation and handling of production safety accidents.

 

If a hazardous chemical unit has a hazardous chemical accident, causing personal injury or property loss to others, it shall bear compensation liability in accordance with the law.

 

Article 131 If relevant units and individuals violate the provisions of this Law and the circumstances are serious, the relevant departments of the people's government at or above the county level shall, in accordance with national regulations, implement joint punishment measures such as increasing the frequency of law enforcement, suspending project approval, raising relevant insurance premiums, and banning them from industries or occupations, and make them public.

 

Article 132 If the on-site supervisors, team leaders, and dispatchers of the hazardous chemical unit fail to immediately issue an order to stop production and evacuate personnel when a hazardous chemical accident occurs or encounters a dangerous situation, and direct the relevant people in distress to evacuate, or if personal injury or death accidents occur due to untimely evacuation, the relevant personnel shall be held legally liable more severely.

 

If the relevant local people's government and its relevant departments fail to immediately organize rescue operations or take necessary emergency measures to reduce accident losses and prevent the spread and expansion of the accident when a hazardous chemical accident occurs, the directly responsible supervisors and other directly responsible persons shall be punished according to law; if a crime is constituted, criminal liability shall be pursued according to law.

 

Article 133 If the staff of the department responsible for the safety supervision and management of hazardous chemicals abuse their power, neglect their duties, or commit malpractice for personal gain in the work of safety supervision and management of hazardous chemicals, and if such acts constitute a crime, they shall be investigated for criminal responsibility in accordance with the law; if such acts do not constitute a crime, they shall be punished in accordance with the law.

 

Chapter 11 Supplementary Provisions

Article 134 The safety management of oil and natural gas exploitation, precursor chemicals, controlled chemicals that are hazardous chemicals, medicines, pesticides, and veterinary drugs shall be implemented in accordance with the provisions of this Law; if laws and administrative regulations provide otherwise, such provisions shall prevail.

 

This Law does not apply to the safety management of civilian explosives, fireworks and firecrackers, urban gas, radioactive materials, nuclear energy materials, military explosives, and hazardous chemicals that are national pharmaceutical standard materials.

 

If laws and administrative regulations provide otherwise for the safety management of urban gas and pipeline transportation of oil and natural gas, such provisions shall prevail.

 

If hazardous chemical containers and pipelines are special equipment, their safety management shall be implemented in accordance with the provisions of laws and administrative regulations on the safety of special equipment.

 

Article 135 The import and export of hazardous chemicals shall be managed in accordance with the relevant laws, administrative regulations and rules on foreign trade; the storage, use, operation and transportation safety management of imported hazardous chemicals shall be managed in accordance with the provisions of this Law.

 

The environmental management registration of new chemical substances shall be implemented in accordance with the relevant laws, administrative regulations and rules on environmental protection. The identification, classification, registration of hazardous chemicals and environmental management registration of new chemical substances shall be charged in accordance with relevant national regulations.

 

Article 136 The major hazard source referred to in this Law refers to a unit (including places and facilities) that produces, stores, uses and operates hazardous chemicals on a long-term or temporary basis, and the amount of hazardous chemicals is equal to or exceeds the critical amount.

 

Article 137 This Law shall come into force on the date of 20