Measures for the Administration of Business Licenses for Hazardous Chemicals (2012 Edition)

Order of the State Administration of Work Safety

[No. 55]

The Measures for the Administration of Business Licenses for 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 September 1, 2012. The Measures for the Administration of Business Licenses for Hazardous Chemicals promulgated by the former State Economic and Trade Commission on October 8, 2002 shall be abolished at the same time.

Yang Dongliang, Director of the State Administration of Safety Supervision

17 July 2012

Measures for the Administration of Business Licenses for Hazardous Chemicals

(Promulgate by Order No. 55 of the State Administration of Work Safety on July 17, 2012, as amended by Order No. 79 of the State Administration of Work Safety on May 27, 2015)

Chapter I General Provisions

Article 1 In order to strictly enforce the safety conditions for the operation of hazardous chemicals, regulate the operation of hazardous chemicals, and ensure the safety of people's lives and property, these Measures are formulated in accordance with the the People's Republic of China Safety Production Law and the Regulations on the Safety Management of Hazardous Chemicals.

Article 2 These Measures shall apply to the business operations (including warehousing operations) of hazardous chemicals listed in the Catalogue of Hazardous Chemicals within the territory of the People's Republic of China.

These Measures are not applicable to the business activities of civil explosives, radioactive articles, nuclear energy substances and urban gas.

Article 3 The State shall adopt a licensing system for the operation of hazardous chemicals. Enterprises dealing in hazardous chemicals shall obtain a hazardous chemical business license (hereinafter referred to as the business license) in accordance with these Measures. No unit or individual may deal in hazardous chemicals without a business license.

Engaged in the following hazardous chemicals business activities, do not need to obtain a business license:

(I) a hazardous chemical production enterprise that has obtained a hazardous chemical safety production license in accordance with the law sells the hazardous chemicals produced by the enterprise within its plant area;

(II) a port operator who has obtained a port operation license in accordance with the law is engaged in the storage of hazardous chemicals in the port area.

Article 4 The issuance and management of business licenses shall be subject to the principles of enterprise application, two-level issuance and territorial supervision.

Article 5 The State Administration of Work Safety shall guide and supervise the issuance and administration of national business licenses.

The work safety supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide and supervise the issuance and administration of business licenses within their respective administrative regions.

The work safety supervision and administration department of the people's government at the city level divided into districts (hereinafter referred to as the municipal license issuing authority) is responsible for the examination, approval and issuance of business licenses for the following enterprises:

(I) enterprises dealing in highly toxic chemicals;

(II) enterprises dealing in explosive hazardous chemicals;

(III) enterprises operating gasoline filling stations;

(IV) enterprises specializing in the warehousing of hazardous chemicals;

(V) provincial and districted municipal companies (branches) of central enterprises engaged in hazardous chemical business activities;

(VI) with storage facilities to operate in addition to highly toxic chemicals, explosive dangerous chemicals other than enterprises.

The work safety supervision and administration department of the people's government at the county level (hereinafter referred to as the county-level license issuing authority) is responsible for the approval and issuance of business licenses for enterprises within its administrative area other than those specified in the third paragraph of this article; if there is no county-level license issuing authority, its business license The license shall be approved and issued by the city-level license issuing authority.

Chapter II Conditions for Applying for a Business License

Article 6 An entity engaged in the business of hazardous chemicals (hereinafter referred to as the applicant) shall be registered as an enterprise in accordance with the law and shall meet the following basic conditions:

(I) operation and storage places, facilities and buildings shall comply with relevant national standards and industry standards such as Code for Fire Protection Design of Buildings (GB50016), Code for Fire Protection Design of Petrochemical Enterprises (GB50160), Code for Design and Construction of Automobile Refueling and Filling Stations (GB50156), Code for Design of Petroleum Depot (GB50074);

The main person in charge of the (II) enterprise and the safety production management personnel have the safety production knowledge and management ability suitable for the enterprise's hazardous chemicals business activities, and have passed the special safety production training and safety production supervision and management department assessment, and obtained the corresponding safety qualification certificate; Special operation personnel have received special safety operation training and obtained special operation certificate; other employees have passed the safety production education and professional technical training in accordance with relevant regulations;

(III) have sound safety production rules and regulations and post operation procedures;

The (IV) has emergency plan for hazardous chemical accidents in accordance with national regulations, and is equipped with necessary emergency rescue equipment and equipment;

(V) laws, regulations and other safety production conditions stipulated in national standards or industrial standards.

The rules and regulations on production safety provided for in the preceding paragraph, refers to the all-staff safety production responsibility system, hazardous chemical purchase and sale management system, hazardous chemical safety management system (including fire prevention, explosion prevention, poisoning prevention, leakage prevention management, etc.), safety investment guarantee system, safety production reward and punishment system, safety production Education and training system, hidden danger investigation and management system, safety risk management system, emergency management system, accident management system, occupational health management system, etc.

Article 7 Where an applicant deals in highly toxic chemicals, in addition to meeting the conditions stipulated in Article 6 of these Measures, it shall also establish a management system for double acceptance, double custody, double delivery, double lock, double account, etc. of highly toxic chemicals.

Article 8 Where an applicant operates hazardous chemicals with storage facilities, in addition to meeting the conditions specified in Article 6 of these Measures, the applicant shall also meet the following conditions:

The storage facilities of the (I) newly established specialized in the storage of hazardous chemicals shall be established in the special area for the storage of hazardous chemicals planned by the local people's government;

The distance between (II) storage facilities and relevant places, facilities and areas shall comply with the provisions of relevant laws, regulations, rules and standards;

The (III) shall conduct safety evaluation in accordance with the relevant provisions, and the safety evaluation report shall meet the requirements of the Detailed Rules for Safety Evaluation of Hazardous Chemical Business Enterprises;

(IV) full-time safety production management personnel have a national education secondary vocational education or above in chemical chemistry or safety engineering, or an intermediate or above professional technical title in chemical chemistry, or a registered safety engineer qualification in the safety of dangerous goods;

(V) comply with the relevant provisions of the Regulations on the Safety Management of Hazardous Chemicals, the Interim Provisions on the Supervision and Administration of Major Hazardous Sources of Hazardous Chemicals, and the General Rules for the Storage of Commonly Used Hazardous Chemicals (GB15603).

Where the applicant stores inflammable, explosive, toxic and easily diffused dangerous chemicals, it shall, in addition to meeting the conditions specified in the first paragraph of this article, also meet the provisions of the Code for Design of Combustible and Toxic Gas Detection and Alarm in Petrochemical Industry (GB50493).

Chapter III Application and Issuance of Business License

Article 9 When applying for a business license, an applicant shall, in accordance with the provisions of Article 5 of these Measures, apply to the license issuing authority at the municipal or county level (hereinafter referred to as the license issuing authority), submit the following documents and materials, and be responsible for their authenticity:

(I) documents and applications for operating licenses;

Catalogue list of (II) safety production rules and regulations and post operation procedures;

(III) the relevant qualification certificates (duplicates) of the main person in charge of the enterprise, safety production management personnel and special operation personnel and other certification materials for the training of employees;

Documents certifying the ownership of the (IV) business premises or documents certifying the lease (duplicate);

The business license of enterprise nature or the pre-approval document of enterprise name issued by the (V) administrative department for industry and commerce (duplicate);

(VI) hazardous chemical accident emergency plan record registration form (copy).

Where hazardous chemicals are operated with storage facilities, the applicant shall also submit the following documents and materials:

Relevant certification documents of (I) storage facilities (duplicate); for leasing storage facilities, lease certification documents (duplicate) shall be submitted; for new construction, reconstruction and expansion of storage facilities, completion acceptance report of safety facilities of hazardous chemical construction project shall be submitted;

(II) major hazard source record certification materials, full-time safety production management personnel's academic certificate, technical title certificate or dangerous goods safety registered safety engineer qualification certificate (copy);

(III) safety assessment report.

Article 10 After receiving the documents and materials submitted by the applicant, the issuing organ shall deal with them according to the following circumstances:

If the (I) application does not require a business license, the applicant shall be informed on the spot that it will not be accepted;

If the (II) application does not fall within the scope of the license issuing authority, it shall make a decision on the spot not to accept the application, inform the applicant to apply to the corresponding license issuing authority, and return the application documents and materials;

If there are errors in the (III) application documents and materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot and the application shall be accepted;

If the (IV) application documents and materials are incomplete or do not meet the requirements, inform them on the spot or issue a notice of correction within 5 working days, and inform the applicant of all the contents that need to be supplemented at one time; if they are not informed within the time limit, they shall be accepted from the date of receipt of the application documents and materials;

(V) the application documents and materials are complete and meet the requirements, or if the applicant submits all the supplementary materials as required by the issuing authority, the application shall be accepted immediately.

When accepting or refusing to accept an application for a business license, the issuing organ shall issue a written certificate stamped with the seal of the organ and dated it.

Article 11 After accepting an application for a business license, the issuing authority shall organize the examination of the documents and materials submitted by the applicant, assign two or more staff members to conduct on-site verification of the applicant's business premises and storage facilities, and make a decision on whether to grant the license within 30 days from the date of acceptance.

The time required for the on-site verification of the issuing authority and the rectification of the relevant problems found in the on-site verification of the applicant and the revision of the relevant application documents and materials shall not be calculated within the time limit specified in the preceding paragraph.

Article 12 If a license issuing authority makes a decision to grant a license, it shall issue a business license within 10 working days from the date of the decision; if the license issuing authority makes a decision not to grant a license, it shall notify the applicant in writing within 10 working days And explain the reasons, the notice shall be stamped with the seal of the agency.

Article 13 The operating license 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 operating license shall specify the following items respectively:

Name of the (I) enterprise;

The domicile of the (II) enterprise (registered address, business place, storage place);

The name of the legal representative of the (III) enterprise;

(IV) mode of operation;

Scope of (V) license;

(VI) issuing date and validity period;

(VII) certificate number;

(VIII) issuing authority;

(IX) the continuation of the validity period.

Article 14 If an enterprise that has obtained a business license changes its name, main person in charge, registered address, or hazardous chemical storage facilities and its monitoring measures, it shall, within 20 working days from the date of change, submit a written application for change to the license issuing authority specified in Article 5 of these measures, and submit the following documents and materials:

Application for change of (I) business license;

Copy (duplicate) of the industrial and commercial business license after the (II) change;

Safety qualification certificate of main responsible person after (III) change (duplicate);

Relevant supporting materials (IV) to the change of registered address;

(V) the special safety evaluation report of the changed hazardous chemical storage facilities and their monitoring measures.

Article 15 After accepting the application for change, the license issuing authority shall organize the examination of the documents and materials submitted by the enterprise, and make a decision on whether to approve the change within 10 working days from the date of receipt of the application documents and materials.

If the license-issuing authority makes a decision to approve the change, it shall reissue the business license and withdraw the original business license; if the change is not made, it shall explain the reasons and notify the enterprise in writing.

If the business license is changed, the start date and end date of the validity period of the business license shall remain unchanged, but the date of change shall be stated.

Article 16 If an enterprise that has obtained a business license has a construction project of new construction, reconstruction or expansion of hazardous chemical storage facilities, it shall, within 20 working days from the date of completion and acceptance of the safety facilities of the construction project, submit an application for change to the license issuing authority specified in Article 5 of these measures, and submit the completion acceptance report of the safety facilities of the hazardous chemical construction project and other relevant documents and materials. The license-issuing authority shall, in accordance with the provisions of Articles 10 and 15 of these Measures, conduct examination and go through the formalities for change.

Article 17 An enterprise that has obtained a business license shall re-apply for a business license in accordance with the provisions of these Measures and submit relevant documents and materials under any of the following circumstances:

(I) an operating enterprise without storage facilities to change its place of business;

(II) an operating enterprise with storage facilities to change its storage place;

Reconstruction of enterprises that (III) warehousing operations in different places;

Changes in the mode of (IV) operation;

(V) the scope of the license changes.

Article 18 The operating license shall be valid for 3 years. After the expiration of the validity period, if the enterprise needs to continue to engage in the business activities of hazardous chemicals, it shall, three months before the expiration of the validity period of the business license, submit an application for extension of the business license to the license issuing authority specified in Article 5 of these Measures, and submit an application for extension and the application documents and materials specified in Article 9 of these Measures.

When an enterprise applies for the extension of its business license, it may apply for change at the same time and submit relevant documents and materials to the license issuing authority.

Article 19 An enterprise that meets the following conditions may not submit the documents and materials stipulated in Article 9 of these Measures with the consent of the issuing authority when applying for the extension of its business license:

(I) strictly abide by relevant laws, regulations and these Measures;

After the (II) obtains the business license, strengthen the daily safety production management, did not reduce the safety production conditions;

No fatal accidents or production safety accidents that have a major impact on society have occurred in the (III).

Enterprises operating hazardous chemicals with storage facilities, in addition to meeting the conditions specified in the preceding paragraph, are also required to obtain and submit the second-level standard certificate (copy) for the safety production standardization of hazardous chemical enterprises.

Article 20 After accepting the application for extension, the license issuing authority shall, in accordance with the provisions of Articles 10, 11 and 12 of these Measures, examine the application for extension and make a decision on whether to grant the extension before the expiration of the validity period of the business license; if the license issuing authority fails to make a decision within the time limit, the extension shall be deemed to be granted.

If the issuing authority makes a decision to grant an extension, the validity period of the business license shall be extended for 3 years.

Article 21 No unit or individual may forge or alter the business license, or lease, lend or transfer the business license it has obtained, or use the forged or altered business license.

Chapter IV Supervision and Administration of Business Permits

Article 22 The license issuing authority shall adhere to the principles of openness, fairness and impartiality, and examine, approve and issue business licenses in strict accordance with laws, regulations, rules, national standards, industry standards and the conditions and procedures stipulated in these Measures.

In the examination and approval, issuance, supervision and administration of the business license, the license issuing organ and its staff shall not solicit or accept the property of the party concerned or seek other interests.

Article 23 The license-issuing authority shall strengthen the supervision and management of business licenses, establish and improve the management system for the examination and approval of business licenses and the issuance of archives, and regularly announce to the public the situation of enterprises obtaining business licenses and accept social supervision.

Article 24 The license-issuing organ shall promptly notify the public security organ and the environmental protection department at the same level of the issuance of the business license.

Article 25 In the course of supervision and inspection, the production safety supervision and administration department finds that an enterprise that has obtained a business license no longer meets the conditions for production safety stipulated in laws, regulations, rules, national standards, industry standards and these Measures, or there is a violation of laws, regulations, rules and the provisions of these Measures, it shall be dealt with in accordance with the law and promptly notify the original license issuing authority.

Article 26 If the license-issuing authority discovers that an enterprise has obtained an operating license by deception, bribery or other improper means, it shall revoke the operating license already issued.

Article 27 If an enterprise that has obtained an operating license is under any of the following circumstances, the license issuing authority shall cancel its operating license:

The expiration of the term of validity of the (I) business license is not approved to be extended;

(II) termination of the operation of hazardous chemicals;

The (III) business license is revoked according to law;

The (IV) business license is revoked according to law.

After the license issuing organ cancels the business license, it shall publish a public announcement in the main local news media or on the website of the organ, and notify the people's government of the place where the enterprise is located and the supervision and administration department of production safety at or above the county level.

Article 28 The license issuing organ at the county level shall report the examination and approval, issuance, supervision and administration of the business license of the previous year within its administrative area to the license issuing organ at the municipal level.

The license issuing organ at the municipal level shall report the examination and approval, issuance, supervision and administration of the business license of the previous year within its administrative area to the production safety supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central Government.

The work safety supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the relevant statistical provisions, report the examination and approval, issuance, supervision and administration of the business license of the previous year within their respective administrative areas to the State Administration of Work Safety.

Chapter V Legal Liability

Article 29 Anyone who engages in the business of hazardous chemicals without obtaining a business license shall be fined in accordance with the legal liability provisions of the the People's Republic of China Production Safety Law on the production, operation, and storage of hazardous materials without legal approval; if a crime is constituted, it shall be investigated according to law. Criminal responsibility.

If an enterprise is still engaged in the business of hazardous chemicals after the expiration of the validity period of the business license, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 30: If an enterprise with storage facilities violates the provisions of the Regulations on the Safety Management of Hazardous Chemicals and has one of the following circumstances, it shall be ordered to make corrections and be fined between 50000 yuan and 100000 yuan; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification; After suspension of production and business for rectification, if the safety production conditions stipulated by laws, regulations, rules, national standards and industry standards are still not met, its business license shall be revoked:

(I) the repeated use of hazardous chemicals packaging, containers, before repeated use without inspection;

The (II) fails to set up relevant safety facilities and equipment in the workplace according to the types and hazardous characteristics of the hazardous chemicals it stores, or fails to regularly maintain and maintain the safety facilities and equipment in accordance with national standards, industry standards or relevant national regulations;

(III) the hazardous chemicals are not stored in a special warehouse, or the highly toxic chemicals and other hazardous chemicals that constitute a major hazard source are not stored separately in a special warehouse;

The (IV) fails to regularly evaluate its safety production conditions;

The storage mode, method or storage quantity of (V) hazardous chemicals does not meet the national standards or relevant national regulations;

(VI) special warehouse for hazardous chemicals does not meet the requirements of national standards and industry standards;

The (VII) fails to regularly detect and inspect the safety facilities and equipment of the special warehouse for hazardous chemicals.

Article 31 Whoever forges, alters or rents, lends or transfers a business license, or uses a forged or altered business license, shall be fined not less than 100000 yuan but not more than 200000 yuan, and if there is any illegal income, the illegal income shall be confiscated; if the act constitutes a violation of public security management, public security management punishment shall be imposed according to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 32 If an enterprise that has obtained a business license no longer meets the conditions for safe production as stipulated in laws, regulations and these Measures, it shall be ordered to make corrections; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification; after suspension of production and business for rectification, it still does not meet the laws, Regulations, rules, national standards and industry standards for safe production conditions, its business license shall be revoked.

Article 33 If an enterprise that has obtained a business license fails to apply for change in accordance with the provisions of these Measures in one of the circumstances specified in Articles 14 and 16 of these Measures, it shall be ordered to make corrections within a time limit and be fined not more than 10000 yuan; If it still fails to apply for change within the time limit, a fine of not less than 10000 yuan but not more than 30000 yuan shall be imposed.

Article 34 Any staff member of the work safety supervision and administration department who engages in malpractices for personal gain, abuses his power, practices fraud or neglects his duty, and fails to perform the duties of examination and approval, issuance, supervision and administration of the business license for hazardous chemicals in accordance with the law, shall be punished in accordance with the relevant provisions.

Article 35 If the institution undertaking safety evaluation and the safety evaluation personnel issue false evaluation reports, they shall be given administrative punishment in accordance with the provisions of relevant laws, regulations and rules; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 36 The administrative penalties stipulated in these Measures shall be decided by the supervision and administration department of production safety. Among them, the administrative penalties stipulated in Article 31 of these Measures and the administrative penalties for revocation of business licenses stipulated in Articles 30 and 32 shall be decided by the issuing authority.

Chapter VI Supplementary Provisions

Article 37 The purchase of hazardous chemicals for sub-packaging, filling or adding non-hazardous chemical solvents for dilution, and then sales, in accordance with these measures.

The term "storage facilities" as mentioned in these Measures refers to the facilities where the quantity of stored hazardous chemicals constitutes a major hazard source as determined in accordance with the Identification of Major Hazard Sources of Hazardous Chemicals (GB18218).

Article 38 An enterprise that has obtained a business license before the implementation of these Measures may continue to engage in the business of hazardous chemicals during the validity period of its business license; if it needs to continue to engage in the business of hazardous chemicals after the expiration of the validity period of the business license, it shall apply for a new business license in accordance with the provisions of these Measures.

Non-enterprise units or individuals that have obtained a business license before the implementation of these Measures may continue to engage in the business of hazardous chemicals during the validity period of their business license; if they need to continue to engage in the business of hazardous chemicals after the expiration of the validity period of the business license, they shall first be registered as enterprises in accordance with the law, and then apply for a business license in accordance with the provisions of these Measures.

Article 39 The format of the operating license shall be formulated by the State Administration of Work Safety.

Article 40 These Measures shall come into force as of September 1, 2012. The Measures for the Administration of Business Licenses for Hazardous Chemicals promulgated by the former State Economic and Trade Commission on October 8, 2002 shall be abolished at the same time.

The State Administration of Work Safety interprets the Measures for the Administration of Hazardous Chemicals Business License

The newly revised Measures for the Administration of Business Licenses for Hazardous Chemicals (hereinafter referred to as the Measures) have been deliberated and adopted at the office meeting of the Director of the State Administration of Work Safety on May 21, 2012, and issued by Order No. 55 of the State Administration of Work Safety on July 17, 2012, and shall come into force on September 1, 2012.

The Background and Revised Principles of the 1. Measures

The revised "Regulations on the Safety Management of Hazardous Chemicals" (Order No. 591 of the State Council, hereinafter referred to as the "Regulations") further improved the conditions for the business license of hazardous chemicals and the relevant provisions on the issuance and management of licenses. In order to implement the new requirements of the Regulations and strengthen the safety supervision and management of hazardous chemical business enterprises, the current Measures for the Administration of Hazardous Chemical Business Licenses (formerly Order No. 36 of the State Economic and Trade Commission) need to be revised. This revision is mainly based on the following principles: First, the "Measures" are in line with the requirements of the revised "Regulations" on the operation of hazardous chemicals. Second, in accordance with the requirements of the "Regulations", further clarify the scope, adjustment objects, licensing rights, procedures, and licensing conditions of hazardous chemicals.

2. the drafting process of the Measures

After the promulgation of the newly revised regulations, on the basis of preliminary investigation and demonstration and soliciting the opinions of local safety supervision bureaus and relevant central enterprises, in July 2011, the State Administration of work safety organized the drafting and completion of the measures (Revised Draft), and solicited opinions from the public through the website of the Legislative Affairs Office of the State Council and the website of the State Administration of work safety. After many revisions, the "Measures (Revised Draft)" was gradually improved, and finally approved by the Office of the Director of the State Administration of Work Safety.

Main Contents and Revisions of the 3. Measures

Since the promulgation and implementation of the original "measures" for more than 10 years, it has played an important role in tightening the safety conditions of hazardous chemical business enterprises and standardizing the issuance and management of hazardous chemical business licenses. The new "Measures" are based on the original "Measures", revised and improved the management measures for hazardous chemical business licenses from many aspects, and further raised the safety entry threshold for hazardous chemical business enterprises.

There are 5 chapters and 28 articles in the original measures, and 6 chapters and 40 articles in the revised measures, which are the general provisions, the conditions for applying for business license, the application and issuance of business license, the supervision and management of business license, legal liability and supplementary provisions. The more important additions to the provisions are the two chapters on licensing procedures and liability.

This revision is mainly reflected in the following five aspects:

(I) Adjustment of Scope of Application

Article 2 of the Measures stipulates: "These Measures shall apply to the business operations (including warehousing operations) of hazardous chemicals listed in the Catalogue of Hazardous Chemicals within the territory of the People's Republic of China. These Measures shall not apply to the business operations of civil explosives, radioactive materials, nuclear energy materials and urban gas." Main considerations:

First, according to the regulations on the administration of urban gas (Order No. 583 of the State Council), the operation of urban gas is included in the adjustment scope of the regulations. Therefore, in order to avoid cross-management and repeated licensing, the "Measures" do not apply to urban gas (including gas for transportation) business activities.

Second, in accordance with the provisions of Article 33 of the Regulations, hazardous chemical production enterprises that have obtained hazardous chemical safety production licenses in accordance with the law sell hazardous chemicals produced by their own enterprises within their plant areas, and have obtained port operation licenses in accordance with the law If a port operator is engaged in the storage and operation of hazardous chemicals in the port area, it is not necessary to obtain a hazardous chemical business license. Article 3 of the Measures provides for the convergence of this.

Third, because the original "Regulations" did not carry out safety permits for hazardous chemical storage operations, safety supervision departments at all levels have been working hard to explore and strengthen the safety management process and methods of hazardous chemical storage operations. Practice has proved that the systems and measures of the original "Regulations" on the safety of hazardous chemicals management are also effective and feasible for the safety management of hazardous chemicals storage operations. In this revision, according to the actual situation of the safety management of hazardous chemicals, the "Measures" clearly included the storage and operation of hazardous chemicals into the scope of hazardous chemicals management, filled the gaps in the system, and strengthened the safety management of hazardous chemicals storage and operation. At the same time, according to the practice of the safety management of hazardous chemicals, Article 37 of the measures clearly stipulates that "those who purchase hazardous chemicals for repackaging, filling or adding non-hazardous chemical solvents for dilution and then sale" and "those who use long-distance pipelines to transport and operate hazardous chemicals" shall be implemented in accordance with these measures.

(II) About License Authority Adjustment

In order to implement the relevant requirements of the general office of the State Council on further cleaning up, canceling and adjusting the administrative examination and approval items (Guo Ban Fa [2007] No. 22), which can be implemented for organs below the provincial level, it must be decentralized to the management level in accordance with the principles of convenience for applicants and supervision. Considering the large number of hazardous chemical enterprises, they are all concentrated in provincial or municipal government departments for certification, and the relevant departments have a heavy burden, it is also inconvenient for enterprises to handle affairs, and at present, the safety supervision departments at the city and county levels have also been sound in terms of institutional settings, and can assume the responsibility of issuing and managing hazardous chemical business licenses. Therefore, in accordance with the provisions of Article 35 of the Regulations on the authority to issue business licenses, the Measures adjust the issuing authority of business licenses from the original provincial and municipal safety supervision departments to the city and county divided into districts. Safety supervision department at the level. The national and provincial safety supervision departments are responsible for supervising and guiding the issuance and management of hazardous chemical business licenses; the municipal safety supervision departments are responsible for the approval and issuance of business licenses for the six types of enterprises listed in Article 5, paragraph 3 of the Measures; County-level safety supervision departments are responsible for the approval and issuance of business licenses for enterprises other than the six types listed in Article 5, paragraph 3 of the Measures.

(III) Conditions for Issuing Certificates

In order to further clarify the conditions for issuing certificates, the measures list the conditions for issuing certificates in a separate chapter, and put forward more operable and stricter requirements than the original measures in terms of enterprise site selection, layout, equipment, storage conditions, system, qualification of management personnel and safety investment. (Article VI)

In addition, the "Measures" specifically stipulate the special conditions that enterprises operating highly toxic chemicals and operating hazardous chemicals with storage facilities should have, and set a higher threshold to strengthen the management of key hazardous chemical business enterprises. (Articles 7 and 8)

(IV) on the Connection with Safety Production Standardization

In order to implement the "Notice of the State Council on Further Strengthening the Work Safety of Enterprises" (Guo Fa [2010] No. 23) on the requirements of enterprises to carry out safety production standardization, the "Measures" added to the conditions for direct extension of the business license "With enterprises with hazardous materials storage facilities, they shall submit the second-level certificate of safety production standardization (copy). (Article 19, paragraph 2)

(V) about the change of business license

According to the practical experience of law enforcement in the past ten years, the measures have detailed the specific circumstances of the change of the business license of hazardous chemicals, stipulated the time limit for handling the change procedures, and the requirements for submitting materials. (Articles 14, 15 and 16)

(VI) About Administrative Penalties

The revised "measures" have refined the provisions on legal liability, increased the punishment for enterprises that violate laws and regulations, and increased their illegal costs.

The Measures clarify the legal responsibilities of safety evaluation agencies and safety evaluation personnel, and stipulate that if the agencies and safety evaluation personnel responsible for safety evaluation issue false evaluation reports, administrative penalties shall be imposed in accordance with relevant laws, regulations, and rules; if a crime is constituted, Criminal responsibility shall be investigated in accordance with the law. (Article 35)

In response to the focus of "cracking down on non-compliance", penalties have been increased. The "Measures" stipulate that those who engage in the business of hazardous chemicals without obtaining a business license shall be fined in accordance with the legal liability provisions of the "the People's Republic of China Safety Production Law" for the production, operation, and storage of hazardous materials without legal approval. (Article 29)

Significance of 4. Implementation of the Measures

The formulation, promulgation and implementation of the measures will further standardize the issuance, management, supervision and management of hazardous chemical business licenses, help to eliminate safety supervision loopholes from the source, further implement territorial management responsibilities, effectively prevent the occurrence of production safety accidents in hazardous chemical business enterprises, and further promote the stable improvement of the national safety production situation of hazardous chemicals.

Safety supervision departments at all levels should take the implementation of the new "measures" as an opportunity to refine the licensing conditions, standardize the licensing procedures, improve the quality of work, and implement supervision in accordance with the requirements of the "measures" in accordance with the law, so as to supervise the whole process before, during and after the event, and continuously improve the level of safety supervision of the operation of hazardous chemicals.