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Implementation date: 2011-12-01
Chapter VI Registration of Hazardous Chemicals and Accident Emergency Rescue Article 66 The State shall implement a registration system for dangerous chemicals to provide technical and informational support for the safety management of dangerous chemicals and the prevention and emergency rescue of dangerous chemicals.
Article 67 Dangerous chemical production enterprises and import enterprises shall handle the registration of dangerous chemicals with the agencies responsible for registration of dangerous chemicals (hereinafter referred to as dangerous chemical registration agencies) by the State Council’s production safety supervision and administration department.
Dangerous chemicals registration includes the following contents:
(a) Classification and labeling information;
(b) Physical and chemical properties;
(c) Main uses;
(d) hazardous characteristics;
(5) Safety requirements for storage, use and transportation;
(6) Emergency measures for the occurrence of dangerous situations.
No duplicate registration is performed for the same type of hazardous chemicals produced or imported by the same company. Where a dangerous chemical producing enterprise or an importing enterprise discovers that its dangerous chemicals produced or imported have new hazardous characteristics, it shall promptly go through the formalities for changing the registration content of the dangerous chemical registration institution.
The specific measures for registration of dangerous chemicals shall be formulated by the State Council’s production safety supervision and administration department.
Article 68 Dangerous chemical registration agencies shall regularly provide relevant information and materials on the registration of dangerous chemicals to the departments of industry and information, environmental protection, public security, health, transportation, railways, quality supervision, inspection, and quarantine.
Article 69: The production safety supervision and management department of the local people's government at or above the county level shall, together with the departments of industry and information, environmental protection, public security, health, transportation, railways, quality supervision, inspection, and quarantine, make hazards according to the actual conditions in the area. The chemical accident emergency plan shall be reported to the people's government at the same level for approval.
Article 70 Hazardous chemical units shall formulate their own contingency plans for hazardous chemical accidents, provide emergency rescue workers and necessary emergency rescue equipment and equipment, and regularly organize emergency rescue drills.
Dangerous chemical entities shall report their emergency plans for dangerous chemical accidents to the safety production supervision and administration department of the municipal people's government in the district where they are located for the record.
Article 71 In the event of a dangerous chemical accident, the principal person in charge of the accident unit shall immediately organize the rescue in accordance with the emergency plan for dangerous chemicals of this unit and report to the local production safety supervision and management department and the competent department of environmental protection, public security, and health; In the event of a dangerous chemical accident during the process of waterway transportation, the driver, crew, or escort personnel shall also report to the competent transportation authority at the accident site.
Article 72 In the event of a dangerous chemical accident, the relevant local people's government shall immediately organize relevant departments such as production safety supervision and management, environmental protection, public security, public health, transportation, etc. to organize rescue operations in accordance with emergency plans for dangerous chemical accidents in the region, and Delayed and pushed.
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 accidents from spreading and expanding:
(1) Immediately organize the rescue and treatment of victims, evacuation, evacuation or other measures to protect other people in the hazardous area;
(2) Quickly control the source of hazards, determine the nature of hazardous chemicals, the hazard area of ​​the accident and the degree of harm;
(3) Quickly adopt measures such as closure, isolation, decontamination and other measures against the actual hazards and possible harm caused by accidents to the human body, animals, plants, soil, water, and the atmosphere;
(4) To monitor and evaluate the environmental pollution and ecological damage caused by hazardous chemical accidents, and to take corresponding environmental pollution control and ecological restoration measures.
Article 73 The relevant dangerous chemical units shall provide technical guidance and necessary assistance for the emergency rescue of hazardous chemical accidents.
Article 74 Where an environmental accident caused by a hazardous chemical accident causes environmental pollution, the competent department of environmental protection of the people's government at or above the municipal level shall have unifiedly issued relevant information.
Chapter VII Legal Responsibility Article 75 Production, operation and use of hazardous chemicals that are prohibited from production, operation and use by the State shall be ordered by the production safety supervision and administration department to cease production, operation and use, and shall be disposed at more than 200,000 yuan and 500,000 yuan. If fines below RMB are illegally obtained, illegal income shall be confiscated; if a crime is constituted, criminal responsibility shall be investigated according to law.
Where there are any acts as prescribed in the preceding paragraph, the production safety supervision and administration department shall also order them to carry out harmless treatment of the dangerous chemicals produced, operated and used.
Violation of the state's restrictive provisions on the use of dangerous chemicals in the use of hazardous chemicals shall be dealt with in accordance with the provisions of the first paragraph of this Article.
Article 76 If a construction project for the production, storage or expansion of dangerous chemicals is not newly established, reconstructed or expanded without the examination of security conditions, the production safety supervision and management department shall order the construction to stop and correct within a time limit; if it is overdue, it shall be disposed of over 500,000 yuan. Fines of less than 1 million yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.
Without the examination of security conditions, the port construction projects that store, install or expand dangerous chemicals for storage, loading or unloading 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 dangerous chemicals without obtaining a safety production license for hazardous chemicals in accordance with the law or does not engage in the production of hazardous chemicals and its packaging and containers without obtaining a production license for industrial products in accordance with the law shall respectively comply with the "Safety Production License." The Regulations and the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products shall be punished.
In violation of the provisions of these Regulations, if a chemical company does not obtain a license for the safe use of dangerous chemicals and uses hazardous chemicals for production, the safety production supervision and administration department shall order it to make corrections within a time limit and impose a fine of between 100,000 yuan and 200,000 yuan; the overdue will not be corrected. , ordered to suspend production for rectification.
In case of violating the provisions of these Regulations and failing to obtain a dangerous chemicals business license to engage in the operation of dangerous chemicals, the production safety supervision and administration department shall order the business operations to be stopped, confiscate dangerous chemicals illegally operated and illegal income, and impose a liability of more than 100,000 yuan and 200,000 yuan. A fine of less than RMB; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 78 In any of the following circumstances, the production safety supervision and management department shall order it to make corrections and may impose a fine of up to 50,000 yuan; if it refuses to make corrections, it shall impose a fine of between 50,000 yuan and 100,000 yuan; the circumstances shall be serious. , ordered to suspend production for rectification:
(1) The unit that produces or stores dangerous chemicals has not set clear signs on the dangerous chemicals pipelines it has laid, or has not regularly inspected and tested dangerous chemical pipelines;
(II) Construction operations that may jeopardize the safety of dangerous chemicals pipelines. The construction unit failed to notify the affiliated units of the pipelines in writing as required, or did not formulate contingency plans together with the affiliated units of the pipelines and took corresponding safety precautions, or the affiliation of the pipelines was not assigned. Special personnel went to the site to conduct pipeline safety protection guidance;
(3) Dangerous chemical production enterprises fail to provide technical specifications for chemical safety, or fail to affix or hung chemical safety labels on packaging (including packaging);
(4) Chemical safety datasheets provided by hazardous chemical manufacturing companies do not comply with the hazardous chemicals they produce, or the chemical safety labels that are affixed or affixed to packaging (including external packaging materials) do not match the hazardous chemicals within the packaging. , or the content specified in the chemical safety data sheet or chemical safety label does not meet the requirements of the national standard;
(5) Dangerous chemical production enterprises find that the hazardous chemicals they produce have new hazardous characteristics and do not immediately announce, or do not revise their chemical safety data sheets and chemical safety labels in a timely manner;
(6) Hazardous chemicals trading companies operating dangerous chemicals without chemical safety technical instructions and chemical safety labels;
(7) The materials, packaging materials, packaging types, specifications, methods, and mass (weight) of hazardous chemicals are not compatible with the nature and purpose of the hazardous chemicals packaged;
(8) An entity that produces or stores dangerous chemicals has not set up obvious safety warning signs on workplaces, safety facilities, or equipment, or has not set up communication or alarm devices at the work sites;
(9) There is no special person responsible for the management of dangerous chemicals warehouses, or there is no double-delivery and double-custody system for the storage of highly toxic chemicals and other dangerous chemicals that constitute a major source of dangerous quantities of stored chemicals;
(10) A unit storing hazardous chemicals has not established a system for verification and registration of hazardous chemicals entering or leaving the warehouse;
(11) There are no obvious signs for special warehouses for hazardous chemicals;
(12) Dangerous chemical production enterprises and importing enterprises do not handle the registration of dangerous chemicals, or discover that dangerous chemicals produced or imported have new hazardous characteristics and do not go through the formalities for changing the registration contents of dangerous chemicals.
Where a port operator engaged in the storage and operation of dangerous chemicals has the conditions prescribed in the preceding paragraph, the port administrative department shall punish it in accordance with the provisions of the preceding paragraph. Where a special warehouse for storage of highly toxic chemicals or explosives-prone chemicals is not equipped with corresponding technical precautionary facilities in accordance with the relevant regulations of the State, the public security organs shall punish them in accordance with the provisions of the preceding paragraph.
Where a unit producing or storing highly toxic chemicals or explosive chemicals is not equipped with public security agencies or is equipped with full-time public security personnel, it shall be punished in accordance with the Regulations on Internal Security for Enterprises and Institutions.
Article 79: The hazardous chemicals packaging and container manufacturing enterprises that sell unqualified dangerous chemicals packaging materials and containers without inspection or inspection shall be ordered by the quality supervision, inspection, and quarantine department to make corrections, and shall be disposed of over 100,000 yuan and 200,000 yuan. The following fines, if there are illegal gains, confiscate the illegal gains; if they refuse to make corrections, they shall be ordered to suspend production and suspend business for rectification; if a crime is constituted, criminal responsibility shall be investigated according to law.
Ships that have not been inspected for the transportation of dangerous chemicals and containers filled with them shall be penalized by the maritime administrative agency in accordance with the provisions of the preceding paragraph.
Article 80: Where a unit that produces, stores, or uses hazardous chemicals is under one of the following circumstances, the production safety supervision and administration department shall order it to make corrections and impose a fine of 50,000 yuan up to 100,000 yuan; if it refuses to make corrections, it shall be ordered to suspend production or stop production. Reorganize until the original license issuing authority revokes its relevant license, and the administrative department of industry and commerce has ordered it to change the registration of business scope or revoke its business license; if the responsible person constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Do not inspect the reusable hazardous chemical packages and containers before repeated use;
(2) Failing to provide relevant safety facilities and equipment at the workplace according to the types and hazardous characteristics of the hazardous chemicals produced and stored, or failing to perform regular maintenance of safety facilities and equipment in accordance with national standards, industry standards or relevant state regulations. And maintenance;
(3) failing to conduct regular safety assessments of its safe production conditions in accordance with the provisions of these Regulations;
(4) Failing to store dangerous chemicals in special warehouses, or not storing highly toxic chemicals and other dangerous chemicals whose quantities constitute a major source of danger in a dedicated warehouse;
(5) The storage methods, methods or storage quantities of dangerous chemicals do not conform to the national standards or the relevant national regulations;
(6) The special warehouse for hazardous chemicals does not meet the requirements of national standards and industry standards;
(7) Failure to regularly inspect and inspect the safety facilities and equipment of special warehouses for dangerous chemicals.
Where a port operator engaged in the storage and operation of dangerous chemicals has the conditions prescribed in the preceding paragraph, the port administrative department shall punish it in accordance with the provisions of the preceding paragraph.
Article 81 In any of the following circumstances, the public security organ shall order it to make corrections and may impose a fine of up to 10,000 yuan; if it refuses to make corrections, it shall impose a fine of 10,000 yuan up to 50,000 yuan:
(1) The units that produce, store, and use highly toxic chemicals or those that are prone to make dangerous chemicals do not accurately record the quantity, direction, or flow of highly toxic chemicals that are produced, stored, or used;
(2) Where a unit that produces, stores, or uses highly toxic chemicals or explosive chemicals, discovers that highly toxic chemicals or readily explosive chemicals are lost or stolen, they are not immediately reported to the public security agency;
(3) The unit storing highly toxic chemicals has not reported the storage quantity, storage location and management personnel of highly toxic chemicals to the public security organ of the county-level people's government for the record;
(4) Dangerous chemical production enterprises and operating companies fail to faithfully record the name, address, name of the handler, ID number, and highly toxic chemicals purchased by The type, quantity, use, or preservation of sales records and related materials of explosive chemicals are less than 1 year;
(5) Types, quantities, and flow information of highly toxic chemical products, dangerous chemicals that are easily sold or purchased, and sales companies or purchasing entities that do not have hazardous chemical products within a specified time limit. The people's government at the county level where they were reported to the public security organ for the record;
(6) Units that use highly toxic chemicals or chemicals that are prone to make dangerous chemicals in accordance with the provisions of these Regulations shall transfer the highly toxic chemicals they purchase and the dangerous chemicals that are readily explosive, and fail to report the relevant situation to the public security agencies of the people’s governments at the county level where they are located. of.
Enterprises that produce or store dangerous chemicals or enterprises that use dangerous chemicals for production do not report the safety evaluation report and the implementation of the rectification plan to the safety production supervision and administration department or the port administrative department for archival purposes, or store hazardous chemicals in accordance with the provisions of this Regulation. The unit did not report the storage quantity, storage location, and management personnel of its highly toxic chemicals and other dangerous chemicals that constitute a major hazard source to the safety production supervision and administration department or the port administrative department for record, The supervisory and administrative department or port administrative department shall punish in accordance with the provisions of the preceding paragraph.
Where an enterprise that produces hazardous chemicals for the implementation of key environmental management or an enterprise engaged in the production of hazardous chemicals that implements key environmental management fails to report relevant information to the competent department of environmental protection in accordance with regulations, the competent department of environmental protection shall, in accordance with the first paragraph of this Article, The regulations are punished.
Article 82: Units that produce, store, or use dangerous chemicals change production, suspend production, suspend operations, or disband, and do not take effective measures to timely and properly dispose of hazardous chemical production facilities, storage facilities, and hazardous chemicals in stock, or to discard hazards. In the case of chemicals, the production safety supervision and administration department shall order corrections and impose a fine of between 50,000 yuan and 100,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.
If a unit that produces, stores, or uses dangerous chemicals changes production, suspends production, suspends operations, or disbands, it does not report its dangerous chemical production equipment, storage facilities, and disposal plans for dangerous chemicals in inventory to the relevant departments for record according to the provisions of these Regulations. The department shall order it to make corrections and may impose a fine of up to 10,000 yuan; if it refuses to make corrections, it shall impose a fine of between 10,000 yuan and 50,000 yuan.
Article 83 Where a dangerous chemicals trading enterprise procures dangerous chemicals from an enterprise that has not been licensed to engage in hazardous chemical production or business activities, the administrative department for industry and commerce shall order corrections and impose a fine of 100,000 yuan up to 200,000 yuan. If it refuses to make corrections, it shall be ordered to suspend business for rectification until its original license issuing authority revokes its hazardous chemicals business license, and the administrative department for industry and commerce shall order it to change its business scope or to revoke its business license.
Article 84 Where a dangerous chemical producing enterprise or a business enterprise is under any of the following circumstances, the production safety supervision and management department shall order it to make corrections, confiscate the illegal gains, and impose a fine of between 100,000 yuan and 200,000 yuan; the refusal to correct It shall be ordered to stop production for business rectification and revoke its hazardous chemicals safety production license and dangerous chemical business license, and the administrative department for industry and commerce shall order it to change its business scope or to revoke its business license:
(1) Sales of highly toxic chemicals or readily explosive chemicals to units that do not have the relevant licenses or supporting documents stipulated in the first paragraph and the second paragraph of Article 38 of these regulations;
(2) Selling highly toxic chemicals without complying with the varieties or quantities specified in the permit for the purchase of highly toxic chemicals;
(3) Selling highly toxic chemicals (except pesticides belonging to highly toxic chemicals) to individuals and making them readily explosive.
The units that do not have the relevant licenses or the supporting documents as prescribed in the first paragraph and the second paragraph of Article 38 of these regulations shall purchase highly toxic chemicals, readily explosive chemicals, or individuals who purchase highly toxic chemicals (which are highly toxic (Phenomicides other than chemicals) and those that are susceptible to explosives, the public security agency shall confiscate the highly toxic chemicals it purchases and the dangerous chemicals that may be explosive, and may concurrently impose a fine of up to RMB 5,000.
The use of highly toxic chemicals or units that are prone to explosive dangerous chemicals lends or transfers the highly toxic chemicals they purchase to units that do not have the relevant licenses specified in the first and second paragraphs of Article 38 of these Regulations. Where dangerous chemicals are manufactured or transferred, or the highly toxic chemicals (excluding pesticides belonging to highly toxic chemicals) purchased by individuals are transferred to individuals, the public security organs shall order them to make corrections and impose a liability of more than 100,000 yuan and 200,000 yuan. The following fines; if they refuse to make corrections, they shall be ordered to suspend production for rectification.
Article 85 Whoever fails to lawfully obtain road transport permits for dangerous goods, permits for the transport of dangerous goods by waterways, or engages in road transport or water transport of dangerous chemicals shall be punished in accordance with the laws and administrative regulations concerning road transport and water transport.
Article 86 In any of the following circumstances, the competent department of transportation shall order it to make corrections and impose a fine of no less than 50,000 yuan but no more than 100,000 yuan; if it refuses to make corrections, it shall be ordered to suspend production, suspend business for rectification, and if it constitutes a crime, criminal responsibility shall be investigated. :
(1) The driving personnel, crew, loading and unloading management personnel, escort personnel, application personnel, and container packing site inspectors of road transport enterprises and waterway transportation enterprises of hazardous chemicals have not obtained the occupation qualifications;
(2) transport dangerous chemicals, fail to take corresponding safety protection measures according to the dangerous characteristics of dangerous chemicals, or fail to provide necessary protective equipment and emergency rescue equipment;
(3) The use of vessels that have not obtained the certificate for the loading of dangerous goods in accordance with the law, and the transportation of hazardous chemicals through inland rivers;
(4) Carriers transporting hazardous chemicals through inland rivers violate the restrictive provisions of the State Council department in charge of transportation on the number of dangerous chemicals transported by a single vessel to transport dangerous chemicals;
(5) The inland river docks and berths used for the transport of dangerous chemicals do not conform to the relevant national safety regulations, or fail to maintain the safe distance to the drinking water intake from the state, or have been put into use without qualified acceptance by the competent transport authority;
(6) The shipper does not explain to the carrier the type, quantity, hazardous characteristics of the hazardous chemical consigned and the emergency disposal measures for the occurrence of the dangerous situation, or fails to properly pack and pack the dangerous chemicals that have been shipped in accordance with the relevant national regulations. Set the corresponding flag;
(7) The transport of dangerous chemicals requires the addition of inhibitors or stabilizers. The shipper has not added or informed 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 between 100,000 yuan and 200,000 yuan. If there is illegal income, the illegal gains shall be confiscated; if it refuses to make corrections, it shall be ordered to suspend production for business rectification. ;Constitute a crime, be held criminally responsible:
(1) Entrusting an enterprise that has not obtained a road transportation permit for dangerous goods or a waterway transportation permit for dangerous goods to carry hazardous chemicals;
(2) Transportation of highly toxic chemicals through closed waters in inland rivers and other dangerous chemicals that are prohibited by the State from passing through inland rivers;
(3) The prohibition of the use of highly toxic chemicals and other dangerous chemicals that are transported through inland rivers through the provisions of the provisions of the inland water transport;
(4) Entrap hazardous chemicals in consigned ordinary cargo, or report or hide the dangerous chemicals as common cargo consignments.
If dangerous chemicals are entrained in mail or express mail, or if dangerous chemicals are falsely reported as common items, public security management punishments shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Postal enterprises and express delivery enterprises shall send hazardous chemicals in accordance with the provisions of the "PRC Postal Law".
Article 88 In any of the following circumstances, the public security organ shall order it to correct and impose a fine of 50,000 yuan or more and 100,000 yuan or less; if it constitutes a violation of public security management, it shall be given a penalties for public security administration; if it constitutes a crime, it shall be prosecuted according to law. responsibility:
(1) Exceeding the approved loading quality of transport vehicles for loading hazardous chemicals;
(2) The use of vehicles whose safe technical conditions do not meet the requirements of national standards for transporting dangerous chemicals;
(3) Vehicles transporting dangerous chemicals without the approval of the public security agency enter the restricted-access area of ​​dangerous chemicals transport vehicles;
(4) Failing to obtain permits for road transport of highly toxic chemicals and transporting highly toxic chemicals through roads.
Article 89 In any of the following circumstances, the public security organ shall order it to make corrections and impose a fine of 10,000 yuan up to 50,000 yuan; if it constitutes a violation of public security administration, it shall be given a penalties for public security administration according to law:
(1) Warning signs are not hung or painted on transport vehicles for dangerous chemicals, or warning signs for suspension or spraying do not meet the requirements of national standards;
(2) transporting dangerous chemicals through roads without escort personnel;
(3) It takes a long time for the transportation of highly toxic chemicals or easy-to-make dangerous chemicals on the way, and drivers and escorts do not report to local public security agencies;
(IV) Highly toxic chemicals, dangerous chemicals that are easily detonated during the road transportation are lost, stolen, robbed or divergence or leakage occurs. Drivers and escorts do not take necessary warning measures and safety measures, or do not Report to the local public security agency.
Article 90: Road transport enterprises with hazardous chemicals that have full or major responsibility for traffic accidents shall be ordered by the public security organs to eliminate potential safety hazards. Vehicles for transporting dangerous chemicals that do not eliminate safety hazards shall not be allowed to drive on roads.
Article 91 In any of the following circumstances, the competent department of transportation shall order it to make corrections and may impose a fine of up to 10,000 yuan; if it refuses to make corrections, it shall impose a fine of 10,000 yuan up to 50,000 yuan:
(1) Hazardous chemical road transport enterprises and water transport enterprises are not equipped with full-time safety management personnel;
(2) The management units of inland river docks and berths used for dangerous chemicals transportation operations have not formulated emergency rescue plans for hazardous chemicals in terminals or berths, or have not provided sufficient and effective emergency rescue equipment and equipment for docks and berths.
Article 92 In any of the following circumstances, it shall be punished in accordance with the Regulations of the People's Republic of China on the Management of Inland Water Traffic Safety:
(1) Water transport enterprises that transport hazardous chemicals through inland rivers have not formulated emergency plans for transporting hazardous chemicals in ships, or have not provided sufficient and effective emergency rescue equipment and equipment for transport vessels;
(2) The owner or operator of a ship that has transported hazardous chemicals through inland rivers has not obtained a ship pollution liability insurance certificate or financial security certificate;
(3) ships carrying dangerous chemicals into and out of inland ports, failing to report related matters to the maritime administration in advance and agreeing to them;
(4) Vessels carrying dangerous chemicals are cruising, loading, unloading or berthing in rivers, and no special warning signs have been hoisted, or special signals have not been displayed in accordance with the regulations, or no pilotage has been applied in accordance with regulations.
If it fails to report to the port administrative department and agrees with it to carry out the loading, unloading and transfer operations of dangerous chemicals in the port, it shall be punished in accordance with the provisions of the "PRC Port Law."
Article 93 Forging, Altering or Leasing, Lending, Transferring Production Licenses for Production of Dangerous Chemicals, Production Licenses for Industrial Products, or Using Forged or Altered Dangerous Chemical Production Safety Licenses or Industrial Product Production Licenses They shall be punished in accordance with the provisions of the "Regulations on Safety Production Licenses" and the "Regulations of the People's Republic of China on the Administration of Industrial Product Production Licenses."
In the case of forging or altering or renting out, lending, or transferring other licenses stipulated in these Regulations, or using other licenses stipulated in these Regulations that are forged or altered, the relevant license issuing authority shall be 100,000 yuan or more and 200,000 yuan respectively. If fines below RMB are illegally obtained, the illegal gains shall be confiscated; if it constitutes a violation of public security management, public security administration shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 94 Where a dangerous chemical accident occurs in a dangerous chemical unit, and its principal responsible person does not immediately organize a rescue or does not immediately report it to the relevant department, it shall be punished in accordance with the "Regulations on Production Safety Accident Reporting and Investigation and Handling Regulations."
If a dangerous chemical accident occurs in a dangerous chemical unit and causes personal injury or property damage to others, it shall be liable for compensation according to law.
Article 95. In the event of a dangerous chemical accident, the relevant local people's government and its relevant departments shall not immediately organize the implementation of rescue operations, or do not take necessary emergency measures to reduce accident losses, and prevent the accident from spreading and expanding. And other directly responsible personnel shall be given sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 96: The staff of a department with the responsibility for the supervision and administration of hazardous chemicals safety who abuses their power, neglects their duties, engages in malpractices for personal gains in the work of hazardous chemicals safety supervision and management, and constitutes a crime shall be investigated for criminal responsibility according to law; If a crime is committed, the punishment shall be given according to law.
Chapter VIII Supplementary Provisions Article 97 The safety management of control chemicals, drugs and pesticides belonging to dangerous chemicals shall be carried out in accordance with the provisions of these Regulations. Where there are other provisions in laws and administrative regulations, they shall be governed by these regulations.
This Regulation does not apply to the safety management of civilian products, explosives, radioactive materials, nuclear energy substances, and dangerous chemicals used in scientific research and production of national defense.
Where laws or administrative regulations provide otherwise for the safety management of gas, they shall be in accordance with its provisions.
Where dangerous chemical containers are special equipment, their safety management shall be carried out in accordance with the laws and administrative regulations concerning the safety of special equipment.
Article 98 The import and export management of dangerous chemicals shall be carried out in accordance with the provisions of the laws, administrative regulations and rules on foreign trade; the safety management of the storage, use, operation, and transportation of imported hazardous chemicals shall be in accordance with the provisions of these Regulations. carried out.
The registration of environmental management of hazardous chemicals and the registration of new chemical substances and environmental management shall be implemented in accordance with the laws, administrative regulations and rules concerning environmental protection. Registration of environmental management of dangerous chemicals shall be charged according to the relevant regulations of the State.
Article 99: Publicly-owned dangerous chemicals that are found and picked up by the public shall be accepted by the public security organs. If a public security agency accepts or confiscates hazardous chemicals according to law, it needs to be dealt with innocuously, and it shall be handed over to the competent department of environmental protection for organizing its recognized professional unit to handle it, or to the relevant dangerous chemical production enterprise for disposal. The cost of processing will be borne by the state’s finances.
Article 100 If the hazardous characteristics of a chemical have not been determined, the State Council’s production safety supervision and administration department, the State Council’s competent department of environmental protection, and the State Council’s competent department of health shall be responsible for organizing the chemical's physical, environmental, and toxicological properties. To identify. According to the results of the appraisal, if it is necessary to adjust the catalogue of dangerous chemicals, it shall be handled in accordance with the second paragraph of Article 3 of these Regulations.
Article 101 A chemical company that has used hazardous chemicals to engage in production prior to the implementation of these Regulations shall, in accordance with the provisions of this Regulation, need to obtain a license for the safe use of hazardous chemicals, it shall apply within the time limit prescribed by the State Council’s production safety supervision and administration department. Acquired a license for the safe use of dangerous chemicals.
Article 102 This Regulation shall come into effect on December 1, 2011.
Hazardous Chemical Safety Regulations [Revised 2011 - Next]
Issue Number: Issue No. 591 Release Agency: State Council Release Date: 2011-03-02