Regulations on the Safety Management of Hazardous Chemicals

Regulations on the Safety Management of Hazardous Chemicals

(State Council Decree No. 591)

Chapter I General Provisions

Article 1 In order to strengthen the safety management of hazardous chemicals, prevent and reduce hazardous chemical accidents, ensure the safety of people's lives and property, and protect the environment, these regulations are formulated.

Article 2 These Regulations shall apply to the safety management of the production, storage, use, operation and transportation of hazardous chemicals.

The disposal of waste hazardous chemicals shall be carried out in accordance with the laws, administrative regulations and relevant provisions of the State on environmental protection.

Article 3 The term "dangerous chemicals" as mentioned in these Regulations refers to highly toxic chemicals and other chemicals that are toxic, corrosive, explosive, burning, combustion-supporting and harmful to the human body, facilities and the environment.

The list of dangerous chemicals shall be determined, published and adjusted in due course by the work safety supervision and administration department of the State Council in conjunction with the competent departments of industry and information technology, public security, environmental protection, health, quality supervision, inspection and quarantine, transportation, railway, civil aviation and agriculture under the State Council according to the criteria for the identification and classification of dangerous characteristics of chemicals.

Article 4 The safety management of hazardous chemicals shall adhere to the principles of safety first, prevention first, and comprehensive management, and strengthen and implement the main responsibilities of enterprises.

The main person in charge of the unit that produces, stores, uses, manages and transports hazardous chemicals (hereinafter collectively referred to as hazardous chemical units) shall be fully responsible for the safety management of hazardous chemicals of the unit.

Hazardous chemical units shall have the safety conditions required by laws, administrative regulations, national standards and industry standards, establish and improve safety management rules and regulations and post safety responsibility system, and conduct safety education, legal education and post technical training for employees. Practitioners shall receive education and training, and take up their posts after passing the examination; for posts that are qualified, they shall be equipped with personnel who have obtained corresponding qualifications in accordance with the law.

Article 5 No unit or individual may produce, operate or use dangerous chemicals prohibited by the State from being produced, operated or used.

Where the State has restrictive provisions on the use of hazardous chemicals, no unit or individual may use hazardous chemicals in violation of the restrictive provisions.

Article 6 The relevant departments that implement safety supervision and management of the production, storage, use, operation, and transportation of hazardous chemicals (hereinafter collectively referred to as the departments responsible for the safety supervision and management of hazardous chemicals) shall perform their duties in accordance with the following provisions:

The (I) Safety Production Supervision and Administration Department is responsible for the comprehensive work of safety supervision and management of hazardous chemicals, organizing the determination, publication and adjustment of hazardous chemical catalogues, reviewing the safety conditions of new construction, reconstruction, expansion production and storage of hazardous chemicals (including the use of long-distance pipelines to transport hazardous chemicals, the same below), and issuing hazardous chemical safety production license, hazardous chemical safety use license and hazardous chemical business license, responsible for the registration of hazardous chemicals.

The (II) public security organs are responsible for the public safety management of hazardous chemicals, issuing permits for the purchase of highly toxic chemicals and road transport permits for highly toxic chemicals, and are responsible for the road traffic safety management of hazardous chemical transport vehicles.

The (III) quality supervision, inspection and quarantine department is responsible for issuing industrial product production licenses for manufacturers of hazardous chemicals and their packaging and containers (excluding fixed large storage tanks for storing hazardous chemicals, the same below), and implementing their product quality in accordance with the law Supervise and be responsible for the inspection of import and export hazardous chemicals and their packaging.

The (IV) environmental protection department is responsible for the supervision and management of the disposal of discarded hazardous chemicals, organizes the environmental hazard identification and environmental risk assessment of hazardous chemicals, determines the hazardous chemicals that implement key environmental management, and is responsible for the environmental management registration of hazardous chemicals and new Chemical substance environmental management registration; investigate relevant hazardous chemical environmental pollution accidents and ecological damage incidents in accordance with the division of responsibilities, and be responsible for emergency environmental monitoring at the scene of hazardous chemical accidents.

The competent department of (V) transportation is responsible for the licensing of road and waterway transportation of hazardous chemicals and the safety management of means of transport, supervises the safety of waterway transportation of hazardous chemicals, and is responsible for the qualification of drivers, crew, loading and unloading management personnel, escorts, declaration personnel and container packing site inspectors of road and waterway transportation enterprises of hazardous chemicals. The competent railway department shall be responsible for the safety management of the railway transportation of dangerous chemicals, and shall be responsible for the examination and approval of the qualifications of the carriers and shippers of the railway transportation of dangerous chemicals and the safety management of their means of transport. The competent civil aviation authorities shall be responsible for the air transport of dangerous chemicals and the safety management of air transport enterprises and their means of transport.

The competent department of (VI) health shall be responsible for the administration of the toxicity identification of hazardous chemicals, and shall be responsible for organizing and coordinating the medical and health rescue work for the injured in hazardous chemical accidents.

The (VII) administrative department for industry and commerce shall, in accordance with the licenses of relevant departments, issue business licenses for enterprises producing, storing, operating, and transporting hazardous chemicals, and investigate and deal with the illegal procurement of hazardous chemicals by hazardous chemical business enterprises.

(VIII) postal administrative departments shall be responsible for investigating and punishing the acts of posting and delivering dangerous chemicals according to law.

Article 7 The department responsible for the safety supervision and administration of hazardous chemicals may take the following measures to conduct supervision and inspection in accordance with the law:

(I) enter the hazardous chemical operation site to carry out on-site inspection, obtain information from relevant units and personnel, and consult and copy relevant documents and materials;

(II) discovering hidden dangers of hazardous chemical accidents, it shall be ordered to eliminate them immediately or within a time limit;

The (III) shall order the immediate suspension of the use of facilities, equipment, devices, equipment and means of transport that do not meet the requirements of laws, administrative regulations, rules or national standards and industry standards;

(IV), with the approval of the main person in charge of the department, seal up the places where dangerous chemicals are illegally produced, stored, used and operated, and seize the dangerous chemicals illegally produced, stored, used, operated and transported, as well as the raw materials, equipment and means of transport used for illegal production, use and transportation of dangerous chemicals;

(V) illegal acts affecting the safety of hazardous chemicals are found, they shall be corrected on the spot or ordered to make corrections within a time limit.

The department responsible for the safety supervision and management of hazardous chemicals shall conduct supervision and inspection in accordance with the law, and the number of supervision and inspection personnel shall not be less than 2, and shall produce law enforcement certificates; relevant units and individuals shall cooperate with the supervision and inspection carried out in accordance with the law, and shall not refuse or hinder.

Article 8 the people's governments at or above the county level shall establish a coordination mechanism for the safety supervision and administration of hazardous chemicals, support and urge the departments responsible for the safety supervision and administration of hazardous chemicals to perform their duties in accordance with the law, and coordinate and solve major problems in the safety supervision and administration of hazardous chemicals.

The departments responsible for the safety supervision and management of hazardous chemicals shall cooperate with each other and cooperate closely to strengthen the safety supervision and management of hazardous chemicals in accordance with the law.

Article 9 Any unit or individual shall have the right to report any violation of the provisions of these Regulations to the department responsible for the safety supervision and management of hazardous chemicals. The department responsible for the safety supervision and management of hazardous chemicals shall promptly handle the report in accordance with the law; if it does not belong to the responsibility of the department, it shall promptly transfer it to the relevant department for handling.

Article 10 The State encourages hazardous chemical production enterprises and enterprises that use hazardous chemicals to engage in production to adopt advanced technologies, processes, equipment and automatic control systems that are conducive to improving the level of safety and security, and encourages the implementation of special storage, unified distribution and centralized sales of hazardous chemicals.

Chapter II Safety in Production and Storage

Article 11 The State shall implement overall planning and rational distribution of the production and storage of hazardous chemicals.

The competent department of industry and information technology under the State Council and other relevant departments under the State Council shall be responsible for the industrial planning and layout of the production and storage of hazardous chemicals in accordance with their respective duties.

When organizing the compilation of urban and rural plans, local people's governments shall, in the light of the actual conditions of their respective regions and in accordance with the principle of ensuring safety, plan appropriate areas specially for the production and storage of hazardous chemicals.

Article 12 The safety conditions of new construction, reconstruction, expansion of construction projects for the production and storage of hazardous chemicals (hereinafter referred to as construction projects) shall be reviewed by the safety production supervision and management department.

The construction unit shall conduct a safety condition demonstration of the construction project, entrust an institution with the qualifications prescribed by the state to conduct a safety evaluation of the construction project, and report the safety condition demonstration and safety evaluation to the people's government at or above the city level where the construction project is located. The production safety supervision and management department shall make a review decision within 45 days from the date of receipt of the report, and notify the construction unit in writing. The specific measures shall be formulated by the safety production supervision and administration department of the State Council.

The port administrative department shall, in accordance with the provisions of the competent department of transportation under the State Council, examine the safety conditions of the new construction, reconstruction and expansion of the port construction projects for the storage, loading and unloading of hazardous chemicals.

Article 13 Units that produce and store hazardous chemicals shall set up obvious signs for the hazardous chemical pipelines laid by them, and regularly inspect and test the hazardous chemical pipelines.

For construction operations that may endanger the safety of hazardous chemical pipelines, the construction unit shall notify the pipeline unit in writing 7 days before the start of construction, and jointly formulate emergency plans with the pipeline unit, and take corresponding safety protection measures. The unit to which the pipeline belongs shall assign special personnel to the site to guide the safety protection of the pipeline.

Article 14 Before carrying out production, a hazardous chemical production enterprise shall obtain a hazardous chemical production safety license in accordance with the provisions of the Regulations on Work Safety License.

Enterprises that produce dangerous chemicals listed in the catalogue of industrial products under the production license system of the State shall obtain a production license for industrial products in accordance with the provisions of the Regulations of the the People's Republic of China on the Administration of Production Licenses for Industrial Products.

The department responsible for issuing hazardous chemical safety production license and industrial product production license shall promptly notify the competent department of industry and information technology at the same level, the competent department of environmental protection and the public security organ of the issuance of the license.

Article 15 A hazardous chemical production enterprise shall provide chemical safety technical instructions that are consistent with the hazardous chemicals it produces, and paste or hang chemical safety labels that are consistent with the hazardous chemicals in the packages (including the outer packages) of the hazardous chemicals. The contents of chemical safety technical instructions and chemical safety labels shall meet the requirements of national standards.

If a hazardous chemical production enterprise discovers that the hazardous chemicals it produces have new hazardous characteristics, it shall immediately make a public announcement and promptly revise its chemical safety technical specifications and chemical safety labels.

Article 16 An enterprise that produces hazardous chemicals subject to key environmental management shall, in accordance with the provisions of the environmental protection department of the State Council, report the relevant information such as the release of the hazardous chemicals into the environment to the environmental protection department. The competent department of environmental protection may take corresponding environmental risk control measures according to the circumstances.

Article 17 The packaging of hazardous chemicals shall comply with the provisions of laws, administrative regulations and rules, as well as the requirements of national standards and industry standards.

The materials of hazardous chemical packaging and containers, as well as the type, specification, method and single piece mass (weight) of hazardous chemical packaging shall be compatible with the nature and use of the packaged hazardous chemicals.

Article 18 Enterprises that produce hazardous chemical packaging and containers listed in the industrial product catalog under the national production license system shall obtain an industrial product production license in accordance with the provisions of the the People's Republic of China Regulations on the Administration of Production Licenses for Industrial Products; The hazardous chemical packaging and containers produced by them can only be sold after passing the inspection by the inspection agency recognized by the quality supervision, inspection and quarantine department of the State Council.

Ships transporting dangerous chemicals and their stowage containers shall be produced in accordance with the national ship inspection specifications, and shall be inspected by the ship inspection agency recognized by the maritime administrative agency before they can be put into use.

For the repeated use of hazardous chemical packaging, containers, the use of units before repeated use should be inspected; found that there is a safety hazard, should be repaired or replaced. The user shall make records of the inspection, and the retention period of the records shall not be less than 2 years.

Article 19 The distance between a hazardous chemical production facility or a hazardous chemical storage facility whose storage quantity constitutes a major hazard source (except for gas stations and filling stations for means of transport) and the following places, facilities and areas shall comply with the relevant provisions of the State:

(I) residential areas, commercial centers, parks and other crowded places;

(II) schools, hospitals, theaters, stadiums (pavilions) and other public facilities;

(III) drinking water sources, water plants and water source protection areas;

(IV) stations, wharves (except those engaged in hazardous chemical loading and unloading operations with permission in accordance with the law), airports, communication trunk lines, communication hubs, railway lines, road traffic trunk lines, waterway traffic trunk lines, subway wind pavilions, and subway station entrances and exits;

(V) basic farmland protection areas, basic grasslands, livestock and poultry genetic resources protection areas, large-scale livestock and poultry farms (breeding communities), fishery waters, and seed, breeding livestock and poultry, and aquatic seed production bases;

(VI) rivers, lakes, scenic spots and nature reserves;

(VII) military restricted zones and military administrative zones;

Other places, facilities and areas as prescribed by (VIII) laws and administrative regulations.

If the built hazardous chemical production equipment or storage facilities for hazardous chemicals that constitute a major hazard source do not comply with the provisions of the preceding paragraph, the work safety supervision and administration department of the municipal people's government with districts shall, in conjunction with the relevant departments, supervise its subordinate units to make rectification within the prescribed time limit; if it is necessary to change production, stop production, move or close down, the people's government at the corresponding level shall decide and organize the implementation.

The location of storage facilities for hazardous chemicals whose storage quantity constitutes a major hazard source shall avoid seismically active faults and areas prone to floods and geological disasters.

The term "major hazard sources" as mentioned in these Regulations refers to the units (including places and facilities) that produce, store, use or transport hazardous chemicals, and the quantity of hazardous chemicals is equal to or exceeds the critical quantity.

Article 20 Units that produce and store hazardous chemicals shall, according to the types and hazardous characteristics of the hazardous chemicals they produce and store, set up corresponding safety facilities and equipment such as monitoring, monitoring, ventilation, sun protection, temperature adjustment, fire prevention, fire extinguishing, explosion prevention, pressure relief, poison prevention, neutralization, moisture prevention, lightning protection, anti-static, anti-corrosion, anti-leakage, protection dike or isolation operation, etc, and in accordance with national standards, industry standards or relevant national regulations on safety facilities, equipment for regular maintenance, maintenance, to ensure the normal use of safety facilities, equipment.

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

Article 21 Units that produce and store hazardous chemicals shall set up communication and alarm devices in their workplaces and ensure that they are in an applicable state.

Article 22 An enterprise that produces or stores hazardous chemicals shall entrust an institution that has the qualifications prescribed by the state to conduct a safety evaluation of the safety production conditions of the enterprise every three years and submit a safety evaluation report. The content of the safety evaluation report shall include the rectification plan for the problems existing in the safety production conditions.

Enterprises that produce and store hazardous chemicals shall report the safety evaluation report and the implementation of the rectification plan to the work safety supervision and administration department of the people's government at the county level for the record. Enterprises that store hazardous chemicals in the port area shall report the safety evaluation report and the implementation of the rectification plan to the port administrative department for the record.

Article 23 Units that produce and store highly toxic chemicals or dangerous chemicals that can be used to manufacture explosives as prescribed by the public security department of the State Council (hereinafter referred to as explosive-prone dangerous chemicals) shall truthfully record the quantity and flow direction of the highly toxic chemicals and explosive-prone dangerous chemicals they produce and store, and take necessary safety precautions to prevent the loss or theft of highly toxic chemicals and explosive-prone dangerous chemicals; if it is found that highly toxic chemicals or explosive dangerous chemicals are lost or stolen, it shall immediately report to the local public security organ.

Units that produce and store highly toxic chemicals and explosive dangerous chemicals shall set up public security organs and be equipped with full-time public security personnel.

Article 24 Dangerous chemicals shall be stored in special warehouses, special sites or special storage rooms (hereinafter collectively referred to as special warehouses), and shall be managed by special personnel; highly toxic chemicals and other dangerous chemicals that constitute major hazard sources shall be stored separately in special warehouses, and a system of two-person receiving and sending and two-person custody shall be implemented.

The storage methods, methods and quantity of hazardous chemicals shall comply with national standards or relevant national regulations.

Article 25 Units that store hazardous chemicals shall establish a system for the verification and registration of hazardous chemicals in and out of the warehouse.

For highly toxic chemicals and other hazardous chemicals whose storage quantity constitutes a major hazard source, the storage unit shall report the storage quantity, storage location and management personnel to the work safety supervision and management department of the people's government at the county level (stored in the port area, Report to the port administrative department) and the public security organ for the record.

Article 26 Special warehouses for hazardous chemicals shall meet the requirements of national standards and industry standards, and set up obvious signs. Special warehouses for storing highly toxic chemicals and explosive-prone hazardous chemicals shall set up corresponding technical prevention facilities in accordance with relevant state regulations.

Units that store hazardous chemicals shall regularly test and inspect the safety facilities and equipment of their special warehouses for hazardous chemicals.

Article 27 Where a unit that produces or stores hazardous chemicals changes production, stops production, closes down business or is dissolved, it shall take effective measures to timely and properly dispose of its hazardous chemical production equipment, storage facilities and stored hazardous chemicals, and shall not discard hazardous chemicals; The disposal plan shall be reported to the work safety supervision and administration department, the competent department of industry and information technology, the competent department of environmental protection and the public security organ of the local people's government at the county level for the record. The work safety supervision and management department shall, in conjunction with the environmental protection department and the public security organ, supervise and inspect the disposal situation, and if it is found that it has not been disposed of in accordance with the regulations, it shall be ordered to dispose of it immediately.

Chapter III Use Safety

Article 28 The use conditions (including process) of hazardous chemicals shall comply with the provisions of laws and administrative regulations and the requirements of national standards and industry standards, and shall establish and improve the safety management rules and regulations and safe operation procedures for the use of hazardous chemicals in accordance with the types, hazardous characteristics and usage methods of the hazardous chemicals used, so as to ensure the safe use of hazardous chemicals.

Article 29 Chemical enterprises that use hazardous chemicals in production and use the prescribed amount (except for those that are hazardous chemical production enterprises, the same below) shall obtain a license for the safe use of hazardous chemicals in accordance with the provisions of these Regulations.

The quantitative standards for the use of hazardous chemicals specified in the preceding paragraph shall be determined and announced by the safety production supervision and administration department of the State Council in conjunction with the public security department and the competent agricultural department of the State Council.

Article 30 A chemical enterprise applying for a license for the safe use of hazardous chemicals shall, in addition to complying with the provisions of Article 28 of these Regulations, meet the following conditions:

(I) have professional technicians suitable for the hazardous chemicals used;

The (II) has a safety management organization and full-time safety management personnel;

(III) have emergency plans for hazardous chemical accidents and necessary emergency rescue equipment and equipment in accordance with national regulations;

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

Article 31 A chemical enterprise applying for a license for the safe use of hazardous chemicals shall apply to the work safety supervision and administration department of the people's government at the districted city level where it is located, and submit the certification materials that meet the conditions specified in Article 30 of these regulations. The work safety supervision and administration department of the people's government at the city level divided into districts shall conduct an examination in accordance with the law and make a decision on approval or disapproval within 45 days from the date of receipt of the certification materials. If it is approved, a permit for the safe use of hazardous chemicals shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

The work safety supervision and administration department shall promptly notify the environmental protection department and the public security organ at the same level of the issuance of the license for the safe use of hazardous chemicals.

Article 32 The provisions of Article 16 of these Regulations on enterprises that produce hazardous chemicals subject to key environmental management shall apply to enterprises that use hazardous chemicals subject to key environmental management to engage in production. The provisions of Articles 20, 21, 23, paragraph 1, and 27 on units that produce and store hazardous chemicals shall apply to units that use hazardous chemicals. Article 22 Provisions on Enterprises that Produce and Store Hazardous Chemicals, applicable to the use of hazardous chemicals engaged in the production of enterprises.

Chapter IV Operation Safety

Article 33 The State shall implement a licensing system for the operation of hazardous chemicals (including warehousing operations, the same below). No unit or individual may deal in hazardous chemicals without permission.

A legally established hazardous chemical production enterprise does not need to obtain a hazardous chemical business license for the sale of hazardous chemicals produced by the enterprise within its plant area.

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

Article 34 An enterprise engaged in the business of hazardous chemicals shall meet the following conditions:

The (I) has a business site that meets national standards and industry standards. If it stores hazardous chemicals, it should also have storage facilities that meet national standards and industry standards;

(II) employees have received professional technical training and passed the examination;

(III) have sound safety management rules and regulations;

The (IV) has full-time safety management personnel;

(V) have emergency plans for hazardous chemical accidents and necessary emergency rescue equipment and equipment in accordance with national regulations;

(VI) other conditions stipulated by laws and regulations.

Article 35 Enterprises engaged in the business of highly toxic chemicals and explosive hazardous chemicals shall apply to the work safety supervision and administration department of the people's government at the municipal level where they are located. Enterprises engaged in the business of other hazardous chemicals shall apply to the work safety supervision and administration department of the people's government at the county level where they are located (if they have storage facilities, they shall apply to the work safety supervision and administration department of the people's government at the municipal level where they are located). The applicant shall submit the certification materials that it meets the conditions stipulated in Article 34 of these Regulations. The work safety supervision and administration department of the people's government at the city level divided into districts or the work safety supervision and administration department of the people's government at the county level shall conduct an examination in accordance with the law, and conduct on-site verification of the applicant's business premises and storage facilities, and make a decision on approval or disapproval within 30 days from the date of receipt of the certification materials. If it is approved, a hazardous chemical business license shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

The work safety supervision and administration department of the people's government at the districted city level and the work safety supervision and administration department of the people's government at the county level shall promptly notify the environmental protection department and the public security organ at the same level of the issuance of the hazardous chemical business license.

The applicant may engage in hazardous chemical business activities only after completing the registration procedures with the administrative department for industry and commerce with the hazardous chemical business license. Where laws, administrative regulations or the State Council stipulate that the operation of hazardous chemicals requires permission from other relevant departments, the applicant shall also hold the corresponding license when going through the registration formalities with the administrative department for industry and commerce.

Article 36 Where a hazardous chemical business enterprise stores hazardous chemicals, it shall comply with the provisions of Chapter II of these Regulations on the storage of hazardous chemicals. Only small packages of hazardous chemicals for civilian use can be stored in hazardous chemical stores.

Article 37 A hazardous chemical trading enterprise shall not purchase hazardous chemicals from an enterprise engaged in the production and trading of hazardous chemicals without permission, and shall not deal in hazardous chemicals without chemical safety technical instructions or chemical safety labels.

Article 38 An enterprise that has obtained a hazardous chemical safety production license, a hazardous chemical safety use license, and a hazardous chemical business license in accordance with the law shall purchase highly toxic chemicals and explosive hazardous chemicals with the corresponding licenses. Enterprises producing civil explosives shall purchase explosive-prone dangerous chemicals with the production license for civil explosives.

Units other than those specified in the preceding paragraph that purchase highly toxic chemicals shall apply to the public security organ of the local people's government at the county level for a license to purchase highly toxic chemicals; if they purchase explosive-prone hazardous chemicals, they shall present the legal use statement issued by the unit.

Individuals are not allowed to purchase highly toxic chemicals (except for pesticides that are highly toxic chemicals) and explosive-prone hazardous chemicals.

Article 39 To apply for a license for the purchase of highly toxic chemicals, the applicant shall submit the following materials to the public security organ of the local people's government at the county level:

A copy of the (I)'s business license or legal person certificate (registration certificate);

Description of the type and quantity of highly toxic chemicals to be purchased by the (II);

Description (III) the purpose of purchasing highly toxic chemicals;

Identification of the (IV) manager.

The public security organ of the people's government at the county level shall, within 3 days from the date of receipt of the materials specified in the preceding paragraph, make a decision on approval or disapproval. If it is approved, a license for the purchase of highly toxic chemicals shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

Measures for the administration of licenses for the purchase of highly toxic chemicals shall be formulated by the public security department of the State Council.

Article 40: Hazardous chemical production enterprises and business enterprises selling highly toxic chemicals and explosive hazardous chemicals shall check the relevant licenses or certification documents specified in the first and second paragraphs of Article 38 of these Regulations. It is not allowed to sell highly toxic chemicals or explosive hazardous chemicals to units that do not have relevant licenses or certification documents. Those who purchase highly toxic chemicals with a license for the purchase of highly toxic chemicals shall sell them in accordance with the varieties and quantities specified in the license.

It is prohibited to sell highly toxic chemicals (except for pesticides that are highly toxic chemicals) and explosive-prone hazardous chemicals to individuals.

Article 41 When a hazardous chemical production enterprise or business enterprise sells highly toxic chemicals or explosive-prone hazardous chemicals, it shall truthfully record the name and address of the purchasing unit, the name of the handler, the ID card number, and the highly toxic chemicals purchased. The variety, quantity, and purpose of chemicals and explosive-prone hazardous chemicals. The retention period of sales records and photocopies of the identity certificates of the handling persons, photocopies of relevant licenses or supporting documents shall not be less than 1 year.

The sales enterprises and purchasing units of highly toxic chemicals and explosive-prone dangerous chemicals shall, within 5 days after the sale and purchase, report the varieties, quantities and flow information of the highly toxic chemicals and explosive-prone dangerous chemicals sold and purchased to the public security organ of the local people's government at the county level for the record and input them into the computer system.

Article 42 Units that use highly toxic chemicals and explosive-prone hazardous chemicals shall not lend or transfer the highly toxic chemicals and explosive-prone hazardous chemicals they purchase; due to conversion, suspension of production, relocation, closure, etc. If the transfer is really necessary, it shall be transferred to a unit with the relevant licenses or certification documents specified in the first and second paragraphs of Article 38 of these Regulations, and the relevant information shall be reported to the public security organ of the local county-level people's government in time after the transfer.

Chapter V Transportation Safety

Article 43 Anyone who engages in the road transport or water transport of hazardous chemicals shall obtain a permit for the road transport of hazardous goods and a permit for the water transport of hazardous goods in accordance with the relevant laws and administrative regulations on road transport and water transport, respectively, and report to the industry and commerce The administrative department shall go through the registration procedures.

Road transport enterprises and waterway transport enterprises of dangerous chemicals shall be equipped with full-time safety management personnel.

Article 44 Drivers, crew members, loading and unloading management personnel, escorts, reporting personnel, and container packing site inspectors of road transport enterprises and waterway transport enterprises of hazardous chemicals shall pass the examination of the competent department of transportation and obtain the qualifications. The specific measures shall be formulated by the competent department of transportation under the State Council.

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

Article 45 When transporting dangerous chemicals, corresponding safety protection measures shall be taken according to the dangerous characteristics of the dangerous chemicals, and necessary protective articles and emergency rescue equipment shall be equipped.

Tanks and other containers used for the transportation of hazardous chemicals shall be tightly sealed to prevent the leakage and spilling of hazardous chemicals due to changes in temperature, humidity or pressure during transportation; The overflow and pressure relief devices of tanks and other containers shall be accurately set and flexibly closed.

Drivers, crew members, loading and unloading management personnel, escorts, declaration personnel and container packing site inspectors who transport dangerous chemicals shall understand the dangerous characteristics of the transported dangerous chemicals, the requirements for the use of packaging and containers and the emergency disposal methods in case of dangerous situations.

Article 46 Where dangerous chemicals are transported by road, the shipper shall entrust an enterprise that has obtained a road transport license for dangerous goods in accordance with the law to carry them.

Article 47 Where dangerous chemicals are transported by road, the dangerous chemicals shall be loaded in accordance with the approved load quality of the transport vehicles, and shall not be overloaded.

Vehicles for the transport of dangerous chemicals shall meet the safety technical conditions required by the national standards and conduct regular safety technical inspections in accordance with the relevant provisions of the State.

Dangerous chemicals transport vehicles shall be hung or sprayed with warning signs that meet the requirements of national standards.

Article 48 Where dangerous chemicals are transported by road, escorts shall be provided and the dangerous chemicals transported shall be under the supervision of escorts.

If it is necessary to stop for a long time due to accommodation or circumstances affecting the normal transportation on the way to transport dangerous chemicals, drivers and escorts shall take corresponding safety precautions; if highly toxic chemicals or explosive dangerous chemicals are transported, they shall also Report to the local public security organ.

Article 49 Without the approval of the public security organ, vehicles transporting dangerous chemicals shall not enter the area restricted by vehicles transporting dangerous chemicals. The restricted areas of dangerous chemicals transport vehicles shall be designated by the public security organs of the people's governments at the county level, and obvious signs shall be set up.

Article 50 where highly toxic chemicals are transported by road, the shipper shall apply to the public security organ of the people's government at the county level at the place of origin or destination of the transport for the road transport pass of highly toxic chemicals.

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

Description of the type and quantity of highly toxic chemicals to be transported by the (I);

Description of the origin, destination, transportation time and transportation route of the (II) transportation;

Documents certifying that the (III) carrier has obtained the permit for the road transport of dangerous goods, the transport vehicle has obtained the operating permit, and the drivers and escorts have obtained the qualifications for employment;

(IV) the relevant licensing documents for the purchase of highly toxic chemicals as stipulated in the first and second paragraphs of Article 38 of these regulations, or the import and export certification documents issued by the customs.

The public security organ of the people's government at the county level shall, within 7 days from the date of receipt of the materials specified in the preceding paragraph, make a decision on approval or disapproval. If it is approved, a road transport pass for highly toxic chemicals shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

Measures for the administration of road transport passes for highly toxic chemicals shall be formulated by the public security department under the State Council.

Article 51 If highly toxic chemicals or explosive dangerous chemicals are lost, stolen, robbed, or scattered or leaked during road transportation, drivers and escorts 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 notify the work safety supervision and management department, the environmental protection department, and the health department according to the actual situation. The relevant departments shall take necessary emergency measures.

Article 52 The transportation of hazardous chemicals by water shall abide by laws, administrative regulations and the provisions of the competent department of transportation under the State Council on the safety of waterway transportation of dangerous goods.

Article 53 The maritime administrative agency shall determine the relevant safe transportation conditions for the transportation of hazardous chemicals by ships based on the types and hazardous characteristics of the hazardous chemicals.

If the relevant safe transportation conditions of the chemicals to be delivered to the ship for transport are not clear, they shall be evaluated by the agency recognized by the national maritime administrative agency, and the relevant safe transportation conditions shall be clarified and confirmed by the maritime administrative agency before they can be delivered to the ship for transport.

Article 54 It is prohibited to transport highly toxic chemicals through closed inland waters and other dangerous chemicals prohibited by the state from being transported through inland rivers.

In inland waters other than those specified in the preceding paragraph, the transport of highly toxic chemicals and other dangerous chemicals prohibited by the State from being transported through inland rivers is prohibited.

The scope of highly toxic chemicals and other hazardous chemicals prohibited from being transported through inland rivers shall be determined by the competent department of transportation under the State Council in conjunction with the competent department of environmental protection, the competent department of industry and information technology, and the supervision and administration of production safety under the State Council, according to the dangerous characteristics of hazardous chemicals, the degree of harm of hazardous chemicals to human body and water environment, and the difficulty of eliminating the harmful consequences.

Article 55 The competent department of transportation under the State Council shall, in accordance with the hazardous characteristics of hazardous chemicals, implement classified management of the transportation of hazardous chemicals other than those specified in Article 54 of these Regulations (hereinafter referred to as the transportation of hazardous chemicals by inland rivers), and separately stipulate and supervise the implementation of the transportation methods, packaging specifications and safety protection measures for various types of hazardous chemicals.

Article 56 The transport of dangerous chemicals by inland waterways shall be carried by the waterway transport enterprises that have obtained the permission for the waterway transport of dangerous goods in accordance with the law, and other units and individuals shall not carry them. The shipper shall entrust a waterway transport enterprise that has obtained a permit for the waterway transport of dangerous goods in accordance with the law, and shall not entrust other units or individuals to carry the transport.

Article 57 For the transport of dangerous chemicals by inland waterways, transport vessels that have obtained certificates of fitness for dangerous goods in accordance with the law shall be used. Waterway transport enterprises shall, in view of the dangerous characteristics of the dangerous chemicals transported, formulate emergency rescue plans for dangerous chemical accidents on transport vessels, and equip transport vessels with sufficient and effective emergency rescue equipment and equipment.

The owner or operator of a ship that transports dangerous chemicals through inland waterways shall obtain a ship pollution damage liability insurance certificate or a financial guarantee certificate. A copy of the ship's pollution damage liability insurance certificate or financial guarantee certificate shall be carried with the ship.

Article 58 For the transportation of hazardous chemicals by inland waterways, the material, type, strength and packaging methods of hazardous chemical packaging shall meet the requirements of the waterway transport of hazardous chemicals packaging specifications. If the competent department of transportation under the State Council has restrictive provisions on the quantity of dangerous chemicals transported by a single ship, the carrier shall arrange the transportation quantity in accordance with the provisions.

Article 59 The inland river wharves and berths used for the transportation of dangerous chemicals shall comply with the relevant safety regulations of the State and keep the distance from the drinking water intake as prescribed by the State. Relevant management units shall formulate emergency plans for dangerous chemical accidents at wharves and berths, and equip wharves and berths with sufficient and effective emergency rescue equipment and equipment.

The inland river wharves and berths used for the transportation of dangerous chemicals can only be put into use after being checked and accepted by the competent department of transportation in accordance with the relevant provisions of the state.

Article 60 When carrying dangerous chemicals into and out of inland ports, vessels shall report in advance to the maritime administrative agency the name, dangerous characteristics, packaging and time of entry and exit of the dangerous chemicals. After receiving the report, the maritime administrative agency shall make a decision on whether to agree or not within the time specified by the competent department of transportation under the State Council, notify the reporter, and notify the port administrative department at the same time. Ships that have fixed ships, fixed routes, and fixed cargo types may report regularly.

When loading, unloading and barge operations of hazardous chemicals are carried out in inland ports, the name, hazardous characteristics, packaging and time and place of operation of the hazardous chemicals shall be reported to the port administrative department. After receiving the report, the port administrative department shall make a decision on whether to agree or not within the time specified by the transportation department under the State Council, notify the reporter, and notify the maritime administrative agency at the same time.

If a ship carrying dangerous chemicals navigates in an inland river and passes through a ship-passing structure, it shall report to the competent department of transportation in advance and accept the management of the competent department of transportation.

Article 61 Vessels carrying dangerous chemicals shall hang special warning signs and display special signals in accordance with regulations when navigating, loading and unloading or berthing in inland rivers.

Vessels carrying dangerous chemicals navigating in inland rivers shall apply for pilotage if pilotage is required in accordance with the provisions of the competent department of transportation under the State Council.

Article 62 Vessels carrying dangerous chemicals shall, when navigating inland rivers, abide by laws, administrative regulations and other provisions of the State concerning the protection of drinking water sources. The inland waterway development plan shall be coordinated with the legally approved plan for the protection of drinking water sources.

Article 63 Where dangerous chemicals are consigned, the shipper shall explain to the carrier the type, quantity, dangerous characteristics of the consigned dangerous chemicals and emergency response measures in case of dangerous situations, and properly pack the consigned dangerous chemicals in accordance with the relevant provisions of the State, and put corresponding signs on the outer packaging.

Where the transport of dangerous chemicals requires the addition of inhibitors or stabilizers, the shipper shall add them and inform the carrier of the relevant information.

Article 64 The shipper shall not carry dangerous chemicals in the consignment of ordinary goods, and shall not conceal or falsely report dangerous chemicals as ordinary goods.

No unit or individual may deliver or send dangerous chemicals or carry dangerous chemicals in mail or express mail, or conceal or falsely report dangerous chemicals as ordinary articles. Postal enterprises and express delivery enterprises shall not accept and send dangerous chemicals.

For suspected violations of the provisions of the first and second paragraphs of this article, the competent transportation department and the postal administration department may open and inspect them in accordance with the law.

Article 65 The safety management of the transport of dangerous chemicals by railway and air shall be carried out in accordance with the provisions of laws, administrative regulations and rules relating to railway and air transport.

Chapter VI Registration of Hazardous Chemicals and Emergency Rescue

Article 66 The State shall implement a registration system for hazardous chemicals to provide technical and information support for the safety management of hazardous chemicals and the prevention of hazardous chemical accidents and emergency rescue.

Article 67 A production enterprise or an import enterprise of hazardous chemicals shall register hazardous chemicals with the institution responsible for the registration of hazardous chemicals of the production safety supervision and administration department of the State Council (hereinafter referred to as the hazardous chemical registration institution).

The registration of hazardous chemicals includes the following:

(I) classification and labeling information;

(II) physical and chemical properties;

Main purpose of (III);

(IV) hazardous characteristics;

Safety requirements for storage, use and transportation of (V);

Emergency treatment measures for (VI) dangerous situations.

The same variety of dangerous chemicals produced and imported by the same enterprise shall not be registered repeatedly. If a hazardous chemical production enterprise or import enterprise discovers that the hazardous chemicals it produces or imports have new hazardous characteristics, it shall promptly go through the procedures for changing the registration content with the hazardous chemical registration agency.

The specific measures for the registration of hazardous chemicals shall be formulated by the work safety administrative department of the State Council.

Article 68 The hazardous chemical registration agency 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, etc.

Article 69 The work safety supervision and administration department of the local people's government at or above the county level shall, in conjunction with the departments of industry and information technology, environmental protection, public security, health, transportation, railways, quality supervision, inspection and quarantine, etc., formulate emergency plans for hazardous chemical accidents in accordance with the actual conditions of the region, and submit them to the people's government at the same level for approval.

Article 70 A hazardous chemical unit shall formulate its own emergency plan for hazardous chemical accidents, equip emergency rescue personnel and necessary emergency rescue equipment and equipment, and organize emergency rescue drills on a regular basis.

A hazardous chemical unit shall report its emergency plan for hazardous chemical accidents to the work safety supervision and management department of the municipal people's government divided into districts for the record.

Article 71 In the event of a hazardous chemical accident, the main person in charge of the accident unit shall immediately organize rescue in accordance with the hazardous chemical emergency plan of the unit, and report to the local safety production supervision and management department and the environmental protection, public security, and health authorities; road transportation, In the event of a hazardous chemical accident during waterway transportation, the driver, crew or escort shall also report to the transportation authority where the accident occurred.

Article 72 In the event of a hazardous chemical accident, the relevant local people's government shall immediately organize the relevant departments of safety production supervision and management, environmental protection, public security, health, transportation, etc., to organize and implement rescue in accordance with the emergency plan for hazardous chemical accidents in the region, without delay or prevarication.

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

(I) immediately organize the rescue and treatment of the victims, and evacuate, evacuate or take other measures to protect other personnel in the hazard area;

(II) quickly control the hazard source, determine the nature of hazardous chemicals, the hazard area of the accident and the degree of harm;

(III) take measures such as closure, isolation and decontamination in view of the actual and possible harm caused by the accident to human body, animals and plants, soil, water source and atmosphere;

(IV) monitor and evaluate the environmental pollution and ecological damage caused by hazardous chemical accidents, and take corresponding environmental pollution control and ecological restoration measures.

Article 73 The units concerned with hazardous chemicals shall provide technical guidance and necessary assistance for emergency rescue of hazardous chemical accidents.

Article 74 If a hazardous chemical accident causes environmental pollution, the environmental protection department of the people's government at or above the city level divided into districts shall uniformly release relevant information.

Chapter VII Legal Liability

Article 75 Anyone who produces, manages or uses hazardous chemicals prohibited by the state shall be ordered by the production safety supervision and administration department to stop the production, operation and use activities, and impose a fine of 200000 yuan up to 500000 yuan. If there is any illegal income, the illegal income shall be confiscated; if a crime is constituted, criminal responsibility shall be investigated according to law.

If there is any act specified in the preceding paragraph, the safety production supervision and administration department shall also order it to carry out harmless treatment of the dangerous chemicals produced, operated or used.

Whoever uses hazardous chemicals in violation of the state's restrictive regulations on the use of hazardous chemicals shall be dealt with in accordance with the provisions of paragraph 1 of this Article.

Article 76 Anyone who builds, rebuilds, or expands a construction project for the production or storage of hazardous chemicals without review of safety conditions shall be ordered by the safety production supervision and management department to stop the construction and make corrections within a time limit; if the correction is not made within the time limit, a penalty of 500000 yuan to 1 million yuan The following fine; if a crime is constituted, criminal responsibility shall be investigated according to law.

Those who build, rebuild or expand port construction projects for storing, loading and unloading hazardous chemicals without examination of safety conditions shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph.

Article 77 Whoever engages in the production of hazardous chemicals without obtaining a safety production license for hazardous chemicals in accordance with the law, or engages in the production of hazardous chemicals and their packaging or containers without obtaining a production license for industrial products in accordance with the law, shall be punished in accordance with the regulations on production safety licenses and the regulations on the administration of production licenses for industrial products in the People's Republic of China.

In violation of the provisions of these regulations, if a chemical enterprise uses hazardous chemicals in production without obtaining a license for the safe use of hazardous chemicals, the safety production supervision and management department shall order it to make corrections within a time limit and impose a fine of 100000 yuan up to 200000 yuan; if it fails to make corrections within the time limit, Order to suspend production for rectification.

Anyone who, in violation of the provisions of these regulations, engages in the business of hazardous chemicals without obtaining a business license for hazardous chemicals shall be ordered by the safety production supervision and administration department to stop business activities, confiscate the illegally operated hazardous chemicals and illegal income, and impose a penalty of 100000 yuan up to 200000 yuan. Fines; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 78 under any of the following circumstances, the supervision and administration department of production safety shall order it to make corrections and may impose a fine of not more than 50000 yuan; if it refuses to make corrections, it shall be fined not less than 50000 yuan but not more than 100000 yuan; if the circumstances are serious, it shall be ordered to suspend production or business for rectification:

(I) units producing and storing hazardous chemicals fail to set up obvious signs for the hazardous chemical pipelines laid by them, or fail to regularly inspect and test the hazardous chemical pipelines;

(II) carrying out construction operations that may endanger the safety of hazardous chemical pipelines, the construction unit fails to notify the pipeline unit in writing as required, 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 for pipeline safety protection guidance;

(III) hazardous chemical production enterprises fail to provide chemical safety technical instructions, or fail to paste or hang chemical safety labels on packages (including outer packages);

(IV) the chemical safety technical instructions provided by the hazardous chemical production enterprise do not conform to the hazardous chemicals it produces, or the chemical safety label pasted or hung on the package (including the outer package) does not conform to the hazardous chemicals in the package, or The contents stated in the chemical safety technical instructions and chemical safety labels do not meet the requirements of national standards;

(V) a hazardous chemical production enterprise fails to make an announcement immediately when it discovers that the hazardous chemicals it produces have new hazardous characteristics, or fails to revise its chemical safety technical specifications and chemical safety labels in a timely manner;

(VI) enterprises dealing in hazardous chemicals deal in hazardous chemicals without chemical safety technical instructions and chemical safety labels;

The material of the packaging and container of (VII) hazardous chemicals, as well as the type, specification, method and single piece mass (weight) of the packaging are not compatible with the nature and use of the packaged hazardous chemicals;

(VIII) units that produce and store hazardous chemicals fail to set up obvious safety warning signs on workplaces and safety facilities and equipment, or fail to set up communication and alarm devices in workplaces;

The special warehouse for (IX) hazardous chemicals does not set up a special person to be responsible for the management, or the storage of highly toxic chemicals and other hazardous chemicals that constitute a major hazard source are not subject to a two-person delivery and storage system;

(X) unit that stores hazardous chemicals has not established a system for the verification and registration of hazardous chemicals in and out of the warehouse;

(11) No obvious signs are set up in the special warehouse for dangerous chemicals;

(12) A hazardous chemical production enterprise or import enterprise does not go through the registration of hazardous chemicals, or discovers that the hazardous chemicals it produces or imports have new hazardous characteristics and does not go through the procedures for changing the registration of hazardous chemicals.

If a port operator engaged in the warehousing of hazardous chemicals has the circumstances specified in the preceding paragraph, he shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph. Where a special warehouse for storing highly toxic chemicals or explosive hazardous chemicals fails to set up corresponding technical prevention facilities in accordance with the relevant provisions of the State, the public security organ shall impose penalties in accordance with the provisions of the preceding paragraph.

If a unit that produces or stores highly toxic chemicals or explosive dangerous chemicals does not set up a public security organ and is equipped with full-time public security personnel, it shall be punished in accordance with the provisions of the regulations on Internal Public Security of Enterprises and institutions.

Article 79: Where a hazardous chemical packaging or container manufacturer sells hazardous chemical packaging or containers that have not been inspected or have failed the inspection, the quality supervision, inspection and quarantine department shall order corrections and impose a penalty of 100000 yuan up to 200000 yuan. If there is any illegal income, the illegal income shall be confiscated; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law.

Whoever puts into use a ship carrying dangerous chemicals and the containers it carries that have not passed the inspection shall be punished by the maritime administrative agency in accordance with the provisions of the preceding paragraph.

Article 80 If a unit that produces, stores or uses hazardous chemicals has any of the following circumstances, the production safety supervision and administration department shall order it to make corrections and impose a fine of 50000 yuan up to 100000 yuan; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification until the original license issuing authority revokes its relevant license, and the administrative department for industry and commerce shall order it to register the change of business scope or revoke its business license; if the relevant responsible persons constitute a crime, they shall be investigated for criminal responsibility according to law:

(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 produces and stores, or fails to regularly maintain and maintain the safety facilities and equipment in accordance with national standards, industry standards or relevant national regulations;

The (III) fails to conduct regular safety evaluations of its safe production conditions in accordance with the provisions of these Regulations;

(IV) 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 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.

If a port operator engaged in the warehousing of hazardous chemicals has the circumstances specified in the preceding paragraph, he shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph.

Article 81 under any of the following circumstances, the public security organ shall order it to make corrections and may impose a fine of not more than 10000 yuan; if it refuses to make corrections, it shall be fined not less than 10000 yuan but not more than 50000 yuan:

A unit that (I) the production, storage, and use of highly toxic chemicals or explosive-prone hazardous chemicals fails to truthfully record the quantity and flow direction of the highly toxic chemicals or explosive-prone hazardous chemicals produced, stored, and used;

(II) units that produce, store and use highly toxic chemicals or explosive-prone dangerous chemicals find that highly toxic chemicals or explosive-prone dangerous chemicals are lost or stolen, and do not immediately report to the public security organs;

(III) unit that stores highly toxic chemicals fails to report the storage quantity, storage location, and management personnel of the highly toxic chemicals to the public security organ of the county-level people's government where it is located for the record;

(IV) hazardous chemical production enterprises and business enterprises fail to truthfully record the name and address of the purchase unit of highly toxic chemicals and explosive-prone hazardous chemicals, the name and ID number of the handler, and the purchased highly toxic chemicals and explosive-prone hazardous chemicals. The variety, quantity, purpose, or keep sales records and related materials for less than one year;

(V) sales enterprises and purchasing units of highly toxic chemicals and explosive-prone hazardous chemicals fail to report the types, quantities and flow information of the highly toxic chemicals sold and purchased to the public security organs of the people's government at the county level for the record within the prescribed time limit;

A unit that (VI) uses highly toxic chemicals or explosive-prone hazardous chemicals transfers the highly toxic chemicals or explosive-prone hazardous chemicals it purchases in accordance with the provisions of these Regulations, and fails to report the relevant information to the public security organ of the local county-level people's government.

Enterprises that produce and store hazardous chemicals or enterprises that use hazardous chemicals to engage in production fail to report the safety evaluation report and the implementation of the rectification plan to the work safety supervision and management department or the port administrative department for the record in accordance with the provisions of these regulations, or if the unit storing hazardous chemicals fails to report the storage quantity, storage location and management personnel of its highly toxic chemicals and other hazardous chemicals that constitute a major hazard source to the work safety supervision and administration department or the port administration department for the record, the work safety supervision and administration department or the port administration department shall impose penalties in accordance with the provisions of the preceding paragraph.

If an enterprise that produces hazardous chemicals subject to key environmental management or an enterprise that uses hazardous chemicals subject to key environmental management to engage in production fails to report relevant information to the competent department of environmental protection in accordance with the provisions, the competent department of environmental protection shall impose penalties in accordance with the provisions of paragraph 1 of this article.

Article 82: Units that produce, store, or use hazardous chemicals change production, stop production, suspend business, or disband, fail to take effective measures to promptly and properly dispose of their hazardous chemical production devices, storage facilities, and stored hazardous chemicals, or discard Hazardous chemicals, the work safety supervision and administration department shall order corrections and impose a fine of 50000 yuan up to 100000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.

If a unit that produces, stores or uses hazardous chemicals changes production, stops production, goes out of business or disbands, and fails to report its hazardous chemical production equipment, storage facilities and disposal plan of stored hazardous chemicals to the relevant departments for the record in accordance with the provisions of these regulations, the relevant departments shall order them to make corrections and may impose a fine of not less than 10000 yuan; if they refuse to make corrections, they shall be fined not less than 10000 yuan but not more than 50000 yuan.

Article 83: Where a hazardous chemical business enterprise purchases hazardous chemicals from an enterprise that is illegally engaged in the production or business activities of hazardous chemicals without permission, the administrative department for industry and commerce shall order it to make corrections and impose a fine of 100000 yuan up to 200000 yuan; Refusal to make corrections shall be ordered to suspend business for rectification until the original license issuing authority revokes its hazardous chemical business license, and the administrative department for industry and commerce shall order it to register the change its business scope or revoke its business license.

Article 84: If a hazardous chemical production enterprise or business enterprise has any of the following circumstances, the work safety supervision and administration department shall order it to make corrections, confiscate its illegal income, and impose a fine of 100000 yuan up to 200000 yuan; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification until its hazardous chemical safety production license and hazardous chemical business license are revoked, and the administrative department for industry and commerce shall order it to register the change its business scope or revoke its business license:

(I) selling highly toxic chemicals or explosive-prone hazardous chemicals to units that do not have the relevant licenses or certification documents specified in the first and second paragraphs of Article 38 of these regulations;

The (II) does not sell highly toxic chemicals in accordance with the variety and quantity specified in the license for the purchase of highly toxic chemicals;

(III) selling highly toxic chemicals (except pesticides that are highly toxic chemicals) or explosive-prone hazardous chemicals to individuals.

Units that do not have the relevant licenses or supporting documents specified in paragraphs 1 and 2 of Article 38 of these regulations purchase highly toxic chemicals or explosive-prone hazardous chemicals, or individuals purchase highly toxic chemicals (except pesticides belonging to highly toxic chemicals) or explosive-prone hazardous chemicals, the public security organs shall confiscate the purchased highly toxic chemicals and explosive-prone hazardous chemicals and may concurrently impose a fine of not more than 5000 yuan.

Units that use highly toxic chemicals or explosive-prone dangerous chemicals lend or transfer their purchased highly toxic chemicals or explosive-prone dangerous chemicals to units that do not have the relevant licenses specified in paragraphs 1 and 2 of Article 38 of these regulations, or transfer their purchased highly toxic chemicals (except pesticides belonging to highly toxic chemicals) or explosive-prone dangerous chemicals to individuals, the public security organ shall order them to make corrections and impose a fine of not less than 100000 yuan but not more than 200000 yuan; those who refuse to make corrections shall be ordered to suspend production and business for rectification.

Article 85 Whoever engages in road transport or waterway transport of dangerous chemicals without obtaining a license for road transport of dangerous goods or a license for waterway transport of dangerous goods shall be punished in accordance with the provisions of laws and administrative regulations on road transport and waterway transport respectively.

Article 86 under any of the following circumstances, the competent department of transportation shall order it to make corrections and impose a fine of not less than 50000 yuan but not more than 100000 yuan; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law:

Drivers, crew members, loading and unloading management personnel, escorts, declaration personnel, and container packing site inspectors of (I) hazardous chemical road transportation enterprises and waterway transportation enterprises have not obtained the qualifications to work;

(II) transport of hazardous chemicals, failing to take corresponding safety protection measures according to the hazardous characteristics of hazardous chemicals, or failing to equip necessary protective articles and emergency rescue equipment;

(III) the use of ships that have not obtained a certificate of fitness for dangerous goods in accordance with the law to transport dangerous chemicals by inland waterways;

(IV) a carrier who transports dangerous chemicals by inland waterways transports dangerous chemicals in violation of the restrictive regulations of the competent department of transportation under the State Council on the quantity of dangerous chemicals to be transported by a single vessel;

(V) inland river wharves and berths used for the transportation of hazardous chemicals do not comply with the relevant national safety regulations, or fail to maintain a safe distance from the drinking water intake prescribed by the state, or are put into use without the acceptance of the competent transportation department;

(VI) the shipper does not explain to the carrier the type, quantity, dangerous characteristics of the consignment of dangerous chemicals and emergency measures for dangerous situations, or fails to properly pack the consignment of dangerous chemicals in accordance with the relevant provisions of the state and put corresponding marks on the outer packaging;

(VII) the transport of dangerous chemicals requires the addition of inhibitors or stabilizers, the shipper does not add or does not inform the carrier of the relevant information.

Article 87 under any of the following circumstances, the competent department of transportation shall order it to make corrections and impose a fine of not less than 100000 yuan but not more than 200000 yuan. If there is any illegal income, the illegal income shall be confiscated; if it refuses to make corrections, it shall be ordered to suspend production and business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law:

The (I) entrusts an enterprise that has not obtained a license for road transport of dangerous goods or a license for water transport of dangerous goods to carry dangerous chemicals;

(II) the transport of highly toxic chemicals through closed inland waters and other dangerous chemicals prohibited by state regulations from being transported through inland rivers;

(III) transporting by inland waterways the highly toxic chemicals and other dangerous chemicals prohibited by the State from being transported by inland waterways;

(IV) carrying dangerous chemicals in the consignment of ordinary goods, or falsely reporting or concealing dangerous chemicals as ordinary goods for consignment.

Whoever carries dangerous chemicals in mail or express mail, or falsely reports dangerous chemicals as ordinary articles, shall be punished by public security administration according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Postal enterprises and express delivery enterprises that accept and send dangerous chemicals shall be punished in accordance with the provisions of the the People's Republic of China Postal Law.

Article 88 under any of the following circumstances, the public security organ shall order it to make corrections and impose a fine of not less than 50000 yuan but not more than 100000 yuan; if the act constitutes a violation of public security management, it shall be punished according to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law:

(I) loading hazardous chemicals in excess of the approved mass of the transport vehicle;

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

(III) vehicles transporting dangerous chemicals enter the area restricted by vehicles transporting dangerous chemicals without the approval of the public security organ;

(IV) transporting highly toxic chemicals by road without obtaining a permit for road transport of highly toxic chemicals.

Article 89 under any of the following circumstances, the public security organ shall order it to make corrections and impose a fine of not less than 10000 yuan but not more than 50000 yuan; if the act constitutes a violation of the administration of public security, the public security administration shall be punished according to law:

(I) vehicles transporting dangerous chemicals fail to hang or spray warning signs, or the hanging or spraying warning signs do not meet the requirements of national standards;

(II) transport hazardous chemicals by road without escorts;

(III) need to stop for a long time on the way to transport highly toxic chemicals or explosive dangerous chemicals, and the drivers and escorts do not report to the local public security organs;

(IV) highly toxic chemicals and explosive dangerous chemicals are lost, stolen, robbed, or scattered or leaked during road transportation, drivers and escorts do not take necessary warning and safety measures, or fail to report to the local public security organs.

Article 90 A road transport enterprise of hazardous chemicals that bears full responsibility or primary responsibility for the occurrence of a traffic accident shall be ordered by the public security organ to eliminate potential safety hazards. Vehicles transporting hazardous chemicals that have not eliminated potential safety hazards are prohibited from driving on roads.

Article 91 under any of the following circumstances, the competent department of transportation shall order it to make corrections and may impose a fine of not more than 10000 yuan; if it refuses to make corrections, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed:

(I) dangerous chemicals road transport enterprises, waterway transport enterprises are not equipped with full-time safety management personnel;

(II) the management unit of the inland river wharf and berth used for the transportation of dangerous chemicals fails to formulate the emergency rescue plan for the wharf and berth of dangerous chemicals accident, or fails to equip the wharf and berth with sufficient and effective emergency rescue equipment and equipment.

Article 92 Any of the following circumstances shall be punished in accordance with the provisions of the Regulations of the People's Republic of China on the Administration of Inland River Traffic Safety:

(I) waterway transport enterprises that transport dangerous chemicals by inland rivers fail to formulate emergency rescue plans for dangerous chemical accidents of transport ships, or fail to equip transport ships with sufficient and effective emergency rescue equipment and equipment;

(II) the owner or operator of a ship transporting dangerous chemicals by inland waterways has not obtained the ship pollution damage liability insurance certificate or financial guarantee certificate;

(III) vessels carrying dangerous chemicals to and from inland ports fail to report the relevant matters to the maritime administrative agency in advance and obtain its consent;

(IV) vessels carrying dangerous chemicals are navigating, loading and unloading or berthing in inland rivers without hanging special warning signs, or failing to display special signals in accordance with regulations, or failing to apply for pilotage in accordance with regulations.

Those who fail to report to the port administrative department and with its consent, carry out loading, unloading and barge operations of dangerous chemicals in the port shall be punished in accordance with the provisions of the the People's Republic of China Port Law.

Article 93 Whoever forges, alters or leases, lends or transfers the production license of dangerous chemicals or the production license of industrial products, or uses the forged or altered production license of dangerous chemicals or the production license of industrial products shall be punished in accordance with the provisions of the regulations on production safety license and the regulations on the administration of production license of industrial products in the People's Republic of China.

Whoever forges, alters or rents, lends or transfers other licenses stipulated in these regulations, or uses forged or altered other licenses stipulated in these regulations, shall be fined between 100000 yuan and 200000 yuan respectively by the relevant license issuing and management organ. 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 given according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 94 If a hazardous chemical accident occurs in a hazardous chemical unit, and its main person in charge does not immediately organize rescue or does not immediately report to the relevant departments, it shall be punished in accordance with the provisions of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents.

If a hazardous chemical accident occurs in a hazardous chemical unit, causing personal injury or property damage to others, it shall be liable for compensation in accordance with the law.

Article 95 In the event of a hazardous chemical accident, if the relevant local people's government and its relevant departments do not immediately organize the rescue, or do not take necessary emergency measures to reduce the loss of the accident and prevent the spread and expansion of the accident, the person directly in charge and other persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 96 If a staff member of a department responsible for the safety supervision and administration of hazardous chemicals abuses his power, neglects his duty, or engages in malpractices for personal gain in the work of safety supervision and administration of hazardous chemicals, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does not constitute a crime, he shall be punished according to law.

Chapter VIII Supplementary Provisions

Article 97 The safety management of controlled chemicals, drugs and pesticides belonging to dangerous chemicals shall be implemented in accordance with the provisions of these regulations; where there are other provisions in laws and administrative regulations, such provisions shall be followed.

These Regulations are not applicable to the safety management of civil explosives, fireworks, radioactive materials, nuclear energy materials, and hazardous chemicals used in national defense scientific research and production.

Where laws and administrative regulations provide otherwise for the safety management of fuel gas, such provisions shall prevail.

Hazardous chemical containers belong to special equipment, its safety management in accordance with the relevant special equipment safety laws and administrative regulations.

Article 98 The administration of the import and export of hazardous chemicals shall be carried out in accordance with the provisions of laws, administrative regulations and rules relating to foreign trade; the safety administration of the storage, use, operation and transportation of imported hazardous chemicals shall be carried out in accordance with the provisions of these Regulations.

The registration of environmental management of hazardous chemicals and the registration of environmental management of new chemical substances shall be carried out in accordance with the provisions of laws, administrative regulations and rules relating to environmental protection. The environmental management registration of hazardous chemicals shall be charged in accordance with the relevant provisions of the State.

Article 99 Unowned dangerous chemicals found or picked up by the public shall be received by the public security organs. If the hazardous chemicals received by the public security organs or confiscated by the relevant departments in accordance with the law need to be treated in a harmless manner, they shall be handled by the professional units recognized by the competent department of environmental protection, or by the relevant hazardous chemical production enterprises. The cost of processing shall be borne by the State Treasury.

Article 100 where the hazardous characteristics of a chemical have not yet been determined, the department of work safety under the State Council, the competent department of environmental protection under the State Council and the competent department of health under the State Council shall be respectively responsible for organizing the identification of the physical hazard, environmental hazard and toxicological characteristics of the chemical. According to the appraisal results, if it is necessary to adjust the list of hazardous chemicals, it shall be handled in accordance with the provisions of the second paragraph of Article 3 of these regulations.

Article 101 Chemical enterprises that have used hazardous chemicals in production prior to the implementation of these Regulations shall, if they need to obtain a license for the safe use of hazardous chemicals in accordance with the provisions of these Regulations, apply for a license for the safe use of hazardous chemicals within the time limit prescribed by the safety production supervision and administration department of the State Council.

Article 102 These Regulations shall come into force as of December 1, 2011.