Administrative Measures for the Registration of Hazardous Chemicals (2012 Edition)

Order of the State Administration of Work Safety

No. 53

The Measures for the Registration and Administration of Hazardous Chemicals, as deliberated and adopted at the director's executive meeting of the State Administration of Work Safety on May 21, 2012, are hereby issued, and shall come into force on August 1, 2012. The Measures for the Registration and Administration of Hazardous Chemicals promulgated by the former State Economic and Trade Commission on October 8, 2002 shall be abolished at the same time.

July 1, 2012

Measures for the Registration and Administration of Hazardous Chemicals

Chapter I General Provisions

Article 1 In order to strengthen the safety management of hazardous chemicals, regulate the registration of hazardous chemicals, and provide technical and information support for the prevention of hazardous chemical accidents and emergency rescue, these Measures are formulated in accordance with the Regulations on the Safety Management of Hazardous Chemicals.
Article 2 These Measures shall apply to the registration and administration of the production and import of hazardous chemicals listed in the Catalogue of Hazardous Chemicals by hazardous chemical production enterprises and import enterprises (hereinafter referred to as registration enterprises).
Article 3 The State shall implement a registration system for hazardous chemicals. The registration of hazardous chemicals shall be subject to the principles of enterprise application, two-level examination, unified certification and hierarchical management.
Article 4 The State Administration of Work Safety shall be responsible for the supervision and administration of the registration of hazardous chemicals nationwide.
The work safety supervision and administration departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the registration of hazardous chemicals within their respective administrative areas.

Chapter II Registration Organization

Article 5 The Chemical Registration Center of the State Administration of Work Safety (hereinafter referred to as the Registration Center) shall undertake the specific work and technical management of the registration of hazardous chemicals nationwide.
The production safety supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish hazardous chemical registration offices or hazardous chemical registration centers (hereinafter referred to as registration offices) to undertake the specific work and technical management of hazardous chemical registration within their respective administrative areas.
Article 6 The registration center shall perform the following duties:
(I) organize, coordinate and guide the national registration of hazardous chemicals;
The (II) shall be responsible for the examination of the contents of the national registration of hazardous chemicals, and the issuance and management of hazardous chemical registration certificates;
The (III) is responsible for the management and maintenance of the national hazardous chemicals registration information management system (hereinafter referred to as the registration system) and the dynamic statistical analysis of hazardous chemicals registration information;
The (IV) is responsible for managing and maintaining the national emergency consultation telephone for hazardous chemical accidents, and providing 24-hour emergency consultation services;
(V) organizing chemical hazard assessments and harmonizing the hazard classification of unclassified chemicals;
(VI) provide operational guidance to the registration office and be responsible for the training of hazardous chemicals registration personnel in the national registration office;
The (VII) shall regularly notify the relevant departments of the State Council of the registration of hazardous chemicals and make public announcements to the public.
Article 7 The registration office shall perform the following duties:
(I) organize the registration of hazardous chemicals within its administrative region;
(II) review the standardization and content consistency of the application materials of registered enterprises;
The (III) shall be responsible for the statistical analysis of the registration information of hazardous chemicals within its administrative area;
(IV) provide hazardous chemical accident prevention and emergency rescue information support;
The (V) shall assist the work safety supervision and administration departments in their respective administrative areas in carrying out registration training and guiding the registration enterprises to implement the registration of hazardous chemicals.
Article 8 The staff of the registration center and registration office (hereinafter referred to as the registration agency) engaged in the registration of hazardous chemicals (hereinafter referred to as the registration personnel) shall have a college Junior College degree or above in chemical engineering, chemistry, safety engineering and other related majors, and have received unified business training. Only after obtaining a training certificate can they take up their posts.
Article 9 The registration office shall meet the following conditions:
The (I) has more than 3 registered personnel;
The (II) has a strict responsibility system, confidentiality system, file management system and database maintenance system;
The (III) is equipped with necessary office equipment and facilities.

Chapter III Time, Contents and Procedures of Registration

Article 10 A newly-built production enterprise shall go through the registration of hazardous chemicals before the completion and acceptance.
The import enterprise shall go through the registration of hazardous chemicals before the first import.
Article 11 Where the same enterprise produces or imports the same variety of hazardous chemicals, it shall be registered once according to the production enterprise, but the relevant information on the import of hazardous chemicals shall be submitted.
If an importing enterprise imports the same variety of hazardous chemicals from different manufacturers, it shall register the hazardous chemicals of the first imported manufacturer, but shall submit the relevant information of the hazardous chemicals of other manufacturers.
If a production enterprise or an import enterprise imports the same variety of dangerous chemicals of the same manufacturer for many times, it shall only register once.
Article 12 The registration of hazardous chemicals shall include the following contents:
(I) classification and labeling information, including hazard categories, pictograms, warning words, hazard statements, precautionary statements, etc. of hazardous chemicals;
(II) physical and chemical properties, including physical properties such as appearance and properties, solubility, melting point and boiling point of hazardous chemicals, and chemical properties such as flash point, explosion limit, spontaneous combustion temperature and decomposition temperature;
The main use of the (III), including the legitimate use, prohibited or restricted use of the product recommend by the enterprise;
(IV) hazardous characteristics, including the physical, environmental and toxicological properties of hazardous chemicals;
(V) the safety requirements for storage, use and transportation, among which the safety requirements for storage include the requirements for building conditions, warehouse conditions, safety conditions, environmental health conditions, temperature and humidity conditions, and the safety requirements for use include the operating conditions during use, protective measures for operators, and control measures for hazards on the use site, the safety requirements of transportation include the requirements for transportation or transportation mode, the means of transmitting hazard information to relevant transportation personnel, and the safety measures during loading and unloading and transportation;
Emergency treatment measures for (VI) dangerous situations, including emergency treatment methods for chemical accidents such as fire, explosion, leakage, poisoning, suffocation and burns during the production, use, storage and transportation of hazardous chemicals, and emergency consultation service telephone number.
Article 13 The registration of hazardous chemicals shall be handled in accordance with the following procedures:
(I) registered enterprises apply through the registration system.
The (II) registration office shall, within 3 working days, conduct a preliminary examination of the application submitted by the registered enterprise, and if the application meets the conditions, notify the registered enterprise to go through the registration formalities through the registration system.
After receiving the notice from the registration office, the (III) registration enterprise shall truthfully fill in the registration contents in the registration system in accordance with the relevant requirements, and submit the relevant paper registration materials to the registration office.
The (IV) registration office shall, within 20 working days from the date of receiving the registration materials of the registered enterprise, examine the registration materials and contents item by item, and if necessary, conduct on-site verification. If it meets the requirements, it shall submit the registration materials to the registration center; if it does not meet the requirements, it shall inform the registered enterprise through the registration system and explain the reasons.
The (V) registration center shall, within 15 working days from the date of receipt of the registration materials submitted by the registration office, examine the registration materials and registration contents, and if they meet the requirements, issue a hazardous chemical registration certificate to the registered enterprise through the registration office; if they do not meet the requirements, inform the registration office and the registered enterprise through the registration system and explain the reasons.
The time required for the registration enterprise to amend the registration materials and rectify the problems shall not be counted within the time limit specified in the preceding paragraph.
Article 14 When a registration enterprise handles the registration of hazardous chemicals, it shall submit the following materials and be responsible for the authenticity of its contents:
Registration form of (I) hazardous chemicals in duplicate;
One copy of the industrial and commercial business license of the (II) production enterprise, the registration form of the foreign trade operator of the import enterprise, the qualification certificate of the the People's Republic of China import and export enterprise, the approval certificate of the the People's Republic of China foreign-invested enterprise or the approval certificate of the Taiwan, Hong Kong, Macao and overseas Chinese investment enterprise;
(III) 1 copy of chemical safety technical instructions and chemical safety labels that are consistent with the hazardous chemicals produced and imported and in line with national standards;
(IV) one copy of the emergency consultation service telephone number or the power of attorney for emergency consultation service that meets the requirements of Article 22 of these Measures;
(V) registered hazardous chemical product standards (national standards or industrial standards are adopted, the adopted standard number shall be provided).
Article 15 If a registered enterprise changes its name, registered address, registered variety or emergency consultation service telephone number within the validity period of the hazardous chemical registration certificate, or discovers that the hazardous chemicals it produces or imports have new hazardous characteristics, it shall submit an application for change to the registration office within 15 working days, and go through the formalities for change of registration contents in accordance with the following procedures:
The (I) shall fill in the application form for change of registration of hazardous chemicals through the registration system and submit one copy of certification materials related to the change to the registration office.
The (II) registration office shall preliminarily examine the application for registration change of the registered enterprise, and if it meets the conditions, notify the registered enterprise to submit the changed registration materials, and examine the registration materials, and submit them to the registration center if they meet the requirements; if they do not meet the requirements, inform the registered enterprise through the registration system and explain the reasons.
The (III) registration center shall examine the registration materials submitted by the registration office, and if the registration materials meet the requirements and belong to the items specified in the registration certificate of hazardous chemicals, the registration office shall issue the registration certificate of hazardous chemicals after registration change to the registration enterprise and withdraw the original certificate; if the registration materials meet the requirements but do not belong to the items specified in the registration certificate of hazardous chemicals, the registration enterprise shall be provided with written supporting documents through the registration office.
Article 16 A hazardous chemical registration certificate shall be valid for three years. After the expiration of the registration certificate, if the registered enterprise continues to engage in the production or import of hazardous chemicals, it shall submit an application for review and replacement 3 months before the expiration of the registration certificate, and go through the review and replacement according to the following procedures:
(I) fill in the application form for review and renewal of hazardous chemicals through the registration system.
The (II) registration office examines the application for review and renewal of the registered enterprise, and if it meets the conditions, it shall notify the registered enterprise to submit the registration materials specified in Article 14 of these regulations through the registration system; if it does not meet the conditions, it shall notify the registered enterprise through the registration system and explain the reasons.
The (III) shall go through the procedures for review and replacement in accordance with the procedures specified in Items 3, 4 and 5 of the first paragraph of Article 13 of these Measures.
Article 17 The registration certificate of dangerous chemicals is divided into the original and the copy, the original is hanging and the copy is folded. The original and copy shall have the same legal effect.
The original and duplicate of the hazardous chemical registration certificate shall contain the certificate number, enterprise name, registered address, nature of the enterprise, registered variety, validity period, issuing authority, date of issuance of the certificate, etc. Among them, the nature of the enterprise shall indicate the production enterprise of hazardous chemicals, the import enterprise of hazardous chemicals or the production enterprise of hazardous chemicals (and import).

Chapter IV Duties of Registered Enterprises

Article 18 A registered enterprise shall conduct a general survey of all types of hazardous chemicals of the enterprise and establish hazardous chemical management files.
The management files of hazardous chemicals shall include the name, quantity, identification information, hazard classification, chemical safety technical specifications, chemical safety labels, etc.
Article 19 A registered enterprise shall, in accordance with the provisions, register hazardous chemicals with the registration authority, truthfully fill in the registration contents and submit relevant materials, and accept the supervision and inspection conducted by the production safety supervision and administration department in accordance with the law.
Article 20 The registration enterprise shall designate personnel to be responsible for the registration of hazardous chemicals and cooperate with the registration personnel to verify the contents of the registration of hazardous chemicals of the enterprise when necessary.
The personnel of the registration enterprise engaged in the registration of hazardous chemicals shall have the knowledge and ability related to the registration of hazardous chemicals.
Article 21 For chemicals whose hazardous characteristics have not yet been determined, the registration enterprise shall, in accordance with the relevant provisions of the state on the hazard identification of chemicals, entrust an institution with the qualifications prescribed by the state to conduct hazard identification; if it is a hazardous chemical, it shall Register in accordance with the provisions of these Measures.
Article 22 A hazardous chemical production enterprise shall set up a domestic fixed service telephone with full-time personnel on duty 24 hours a day to provide users with emergency consultation services for hazardous chemical accidents according to the contents specified in Article 12 of these Measures, and provide technical guidance and necessary assistance for emergency rescue of hazardous chemical accidents. Full-time personnel on duty shall be familiar with the hazardous characteristics of hazardous chemicals and emergency disposal techniques of the enterprise, and accurately answer relevant consultation questions.
If a hazardous chemical production enterprise is unable to provide the emergency advisory services specified in the preceding paragraph, it shall entrust a registration agency to act as an agent for emergency advisory services.
An import enterprise of hazardous chemicals shall, on its own or entrust an import agent or registration agency to provide emergency advisory services that meet the requirements of paragraph 1 of this Article, and indicate the telephone number of the emergency advisory service on the safety label of its imported hazardous chemicals.
Registration agencies engaged in agency emergency consulting services shall set up a domestic fixed service telephone with full-time personnel on duty 24 hours a day, establish a complete chemical emergency rescue database, be equipped with online digital recording equipment and more than 8 professionals, and be able to accept 3 cases at the same time The above emergency consultation accurately provides relevant information and suggestions on emergency handling of chemical leakage, fire, explosion, poisoning and other accidents.
Article 23 A registration enterprise shall not transfer, fraudulently use or use forged registration certificates of dangerous chemicals.

Chapter V Supervision and Administration

Article 24 The work safety supervision and administration department shall incorporate the registration of hazardous chemicals into the contents of the safety law enforcement inspection of hazardous chemicals, and deal with the registered enterprises that fail to register in accordance with the provisions.
Article 25 The registration office shall timely summarize, count and analyze the registration data of hazardous chemicals within its administrative area, and report to the safety production supervision and management department of the people's government of the province, autonomous region, or municipality directly under the Central Government.
Article 26 The registration center shall regularly provide relevant information and materials on the registration of hazardous chemicals to the departments of industry and information technology, environmental protection, public security, health, transportation, railways, quality supervision, inspection and quarantine under the State Council, and announce them to the public.
Article 27 The registration office shall, before January 31 of each year, report in writing to the work safety supervision and administration department and the registration center of the people's government of the province, autonomous region or municipality directly under the Central Government on the registration of hazardous chemicals in the administrative area of the previous year.
The registration center shall report in writing to the State Administration of Work Safety on the registration of hazardous chemicals in the previous year before February 15 of each year.

Chapter VI Legal Liability

Article 28 If the registration personnel of the registration agency operate in violation of regulations, practice fraud, issue certificates indiscriminately, refuse to register without reason within the prescribed time limit without a clear reply, or disclose the business secrets of the registered enterprise, they shall be ordered to make corrections and the relevant responsible personnel shall be investigated for responsibility.
Article 29 If a registered enterprise fails to register hazardous chemicals, changes in the registered varieties or discovers that the hazardous chemicals it produces or imports have new hazardous characteristics and fails to go through the procedures for changing the registration content of hazardous chemicals, it shall be ordered to make corrections and may be punished. A fine of less than 50000 yuan; if it refuses to make corrections, a fine of 50000 yuan up to 100000 yuan shall be imposed; if the circumstances are serious, it shall be ordered to suspend production and business for rectification.
Article 30 If a registered enterprise commits any of the following acts, it shall be ordered to make corrections and may be fined not more than 30000 yuan:
The (I) fails to provide emergency consultation services to users or the emergency consultation services do not comply with the provisions of Article 22 of these Measures;
(II) the name, registered address and emergency consultation service telephone number of the enterprise change within the validity period of the hazardous chemical registration certificate, and fails to go through the registration change procedures for hazardous chemicals on time as required;
After the validity period of the (III) hazardous chemical registration certificate expires, it fails to apply for review and replacement as required, and continues to produce or import;
(IV) transfer, fraudulent use or use of forged registration certificates of dangerous chemicals, or failure to truthfully fill in the registration contents and submit relevant materials;
(V) refuse or obstruct the registration authority to conduct on-site verification of the registration of hazardous chemicals of the enterprise.

Chapter VII Supplementary Provisions

Article 31 The term "import enterprise of hazardous chemicals" as mentioned in these Measures refers to an enterprise that is established in accordance with the law and has obtained an industrial and commercial business license, and has obtained one of the following certification documents to engage in the import of hazardous chemicals:
(I) registration form for foreign trade operators;
(II) the People's Republic of China import and export enterprise qualification certificate;
(III) approval certificate for the People's Republic of China foreign-invested enterprises;
Certificate of approval of (IV) taiwan, hong kong, macao and overseas chinese investment enterprises.
Article 32 the validity period of the registration certificate of hazardous chemicals obtained by a registered enterprise before the implementation of these measures shall remain unchanged; if it continues to engage in the production and import of hazardous chemicals after the expiration of the validity period, it shall go through the formalities for the review and replacement of the registration certificate of hazardous chemicals in accordance with the provisions of these measures.
Article 33 The registration certificate of hazardous chemicals shall be uniformly printed by the State Administration of Work Safety.
Article 34 These Measures shall enter into force as of August 1, 2012. The Measures for the Registration and Administration of Hazardous Chemicals promulgated by the former State Economic and Trade Commission on October 8, 2002 shall be abolished at the same time.