Regulations on the Safety Management of Dangerous Chemicals (National Regulations on the Management of Dangerous Chemicals)

general provisions

Article 1 These Regulations are formulated for the purpose of strengthening the safety management of hazardous chemicals, preventing and reducing hazardous chemical accidents, ensuring the safety of people's lives and property, and protecting the environment.

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

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

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

The list of hazardous 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 of the State Council according to the identification and classification standards for hazardous characteristics of chemicals.

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

The main persons in charge of the units that produce, store, use, operate and transport hazardous chemicals (hereinafter referred to as hazardous chemicals units) are fully responsible for the safety management of hazardous chemicals in their own units.

Units of hazardous chemicals shall meet the safety conditions stipulated by laws, administrative regulations, national standards and industrial standards, establish and improve safety management rules and regulations and post safety responsibility system, and provide safety education, legal education and post technical training for employees. The employees shall receive education and training and take up their jobs after passing the examination; For posts with qualification requirements, personnel with corresponding qualifications shall be allocated according to law.

Article 5 No unit or individual may produce, market or use hazardous chemicals that are prohibited by the State.

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

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

（1） The work safety supervision and administration department is responsible for the comprehensive work of safety supervision and administration of hazardous chemicals, organizing the determination, publication and adjustment of the list of hazardous chemicals, reviewing the safety conditions of the construction projects of new construction, reconstruction, expansion of production and storage of hazardous chemicals (including the use of long-distance pipelines to transport hazardous chemicals, the same below), issuing work safety permits for hazardous chemicals Permit for safe use of hazardous chemicals and permit for operation of hazardous chemicals, and be responsible for the registration of hazardous chemicals.

（2） The public security organ is responsible for the public safety management of hazardous chemicals, issuing purchase permits for highly toxic chemicals and road transport passes for highly toxic chemicals, and managing the road traffic safety of hazardous chemicals transport vehicles.

（3） The quality supervision, inspection and quarantine department is responsible for issuing the industrial product production license for the production enterprises of hazardous chemicals and their packaging materials and containers (excluding the fixed large storage tanks for storing hazardous chemicals, the same below), supervising their product quality according to law, and inspecting the import and export of hazardous chemicals and their packaging.

（4） The competent environmental protection department shall be responsible for the supervision and management of the disposal of waste hazardous chemicals, organize the environmental hazard identification and environmental risk assessment of hazardous chemicals, determine the hazardous chemicals to implement key environmental management, and be responsible for the environmental management registration of hazardous chemicals and the environmental management registration of new chemicals; Investigate relevant hazardous chemical environmental pollution accidents and ecological damage events according to the division of responsibilities, and be responsible for emergency environmental monitoring of hazardous chemical accident sites.

（5） The competent transportation department is responsible for the licensing of road transportation and waterway transportation of hazardous chemicals and the safety management of transportation vehicles, supervising the safety of waterway transportation of hazardous chemicals, and responsible for the drivers, crew, loading and unloading management personnel, escorts, declaration personnel Qualification of on-site inspectors for container packing. The railway supervision department is responsible for the safety management of the railway transport of hazardous chemicals and their means of transport. The competent civil aviation department is responsible for the safety management of the air transport of dangerous chemicals and the air transport enterprises and their means of transport.

（6） The competent health department is responsible for the management of toxic identification of hazardous chemicals, and is responsible for organizing and coordinating the medical and health rescue work of the injured in hazardous chemical accidents.

（7） The administrative department for industry and commerce shall, on the basis of the permit issued by the relevant department, issue the business license of the enterprise engaged in the production, storage, operation and transportation of hazardous chemicals, and investigate and deal with the illegal purchase of hazardous chemicals by the enterprise engaged in the operation of hazardous chemicals.

（8） The postal administration department shall be responsible for investigating and dealing with acts of posting and delivering dangerous chemicals according to law.

Article 7 The departments responsible for the safety supervision and administration of hazardous chemicals may take the following measures when conducting supervision and inspection according to law:

（1） Enter the hazardous chemical workplace to carry out on-site inspection, learn about the situation from relevant units and personnel, consult and copy relevant documents and data;

（2） If any hidden danger of hazardous chemical accident is found, order it to be eliminated immediately or within a time limit;

（3） To order the facilities, equipment, devices, apparatuses and means of transport that do not conform to the provisions of laws, administrative regulations and rules or the requirements of national standards and industrial standards to stop using them immediately;

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

（5） If any illegal act affecting the safety of hazardous chemicals is found, it shall be corrected on the spot or ordered to correct within a time limit.

The department responsible for the safety supervision and management of hazardous chemicals shall conduct supervision and inspection according to law, and the number of supervision and inspection personnel shall not be less than 2, and they shall show their law enforcement certificates; The relevant units and individuals shall cooperate with the supervision and inspection conducted according to law, and shall not refuse or obstruct it.

Article 8 People's governments at or above the county level shall establish a coordination mechanism for the safety supervision and administration of hazardous chemicals, support and urge the departments responsible for the safety supervision and administration of hazardous chemicals to perform their duties according to 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 closely with each other to strengthen the safety supervision and management of hazardous chemicals according to law.

Article 9 Any unit or individual shall have the right to report any act in violation of the provisions of these Regulations to the department responsible for the safety supervision and administration of hazardous chemicals. The department responsible for the safety supervision and administration of hazardous chemicals shall handle the report in a timely manner according to law; If it is not the responsibility of the department, it shall be timely transferred to the relevant department for handling.

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

Chapter II Production and Storage Safety

Article 11 The State implements overall planning and rational distribution for 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 are responsible for the industrial planning and layout of the production and storage of hazardous chemicals according to their respective responsibilities.

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

Article 12 The supervision and administration department of production safety shall examine the safety conditions of new, rebuilt and expanded construction projects for the production and storage of hazardous chemicals (hereinafter referred to as construction projects).

The construction unit shall demonstrate the safety conditions of the construction project, entrust an institution with the qualifications specified by the state to evaluate the safety of the construction project, and report the demonstration of safety conditions and safety evaluation to the work safety supervision and administration department of the people's government at or above the district level of the city where the construction project is located; The work safety supervision and administration department shall, within 45 days from the date of receiving the report, make an examination decision and notify the construction unit in writing. The specific measures shall be formulated by the work safety 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, rebuilt, expanded port construction projects that store, load and unload hazardous chemicals.

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

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

Article 14 Before the production of hazardous chemicals, the production enterprises shall obtain the production safety license of hazardous chemicals in accordance with the Regulations on Work Safety Licenses.

Enterprises producing hazardous chemicals listed in the list of industrial products under the national production license system shall obtain production licenses for industrial products in accordance with the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products.

The department responsible for issuing the safe production license of hazardous chemicals and the production license of industrial products shall timely report the issuance of the license to the competent industry and information technology department, the competent environmental protection department and the public security organ at the same level.

Article 15 An enterprise producing hazardous chemicals shall provide a chemical safety data sheet that is consistent with the hazardous chemicals it produces, and stick or hang a chemical safety label that is consistent with the hazardous chemicals in the package on the packaging of hazardous chemicals (including the outsourced packaging). The contents contained in the chemical safety data sheet and chemical safety label 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 an announcement and timely revise its chemical safety data sheet and chemical safety label.

Article 16 Enterprises producing hazardous chemicals under key environmental management shall, in accordance with the provisions of the competent environmental protection department under the State Council, report the release of such hazardous chemicals into the environment and other relevant information to the competent environmental protection department. The competent environmental protection department can take corresponding environmental risk control measures according to the situation.

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 industrial standards.

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

Article 18 Enterprises producing packages and containers of hazardous chemicals listed in the catalogue of industrial products under the national production license system shall obtain production licenses for industrial products in accordance with the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products; The packaging materials and containers of hazardous chemicals produced by them can be sold out of the factory only after they have passed the inspection by the inspection institution recognized by the quality supervision, inspection and quarantine department of the State Council.

Ships transporting hazardous chemicals and their stowed containers shall be produced in accordance with the national ship inspection regulations, and can only be put into use after passing the inspection by the ship inspection agency recognized by the maritime administrative agency.

The user unit shall inspect the packaging materials and containers of reusable hazardous chemicals before reuse; If any potential safety hazard is found, it shall be repaired or replaced. The user unit shall keep records of the inspection, which shall be kept for at least two years.

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

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

（2） Schools, hospitals, cinemas, stadiums (gymnasiums) and other public facilities;

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

（4） Stations, wharves (except those licensed to handle dangerous chemicals according to law), airports and communication trunk lines, communication hubs, railway lines, road traffic trunk lines, waterway traffic trunk lines, subway wind booths, and entrances and exits of subway stations;

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

（6） Rivers, lakes, scenic spots and nature reserves;

（7） Military restricted zones and military administrative zones;

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

If the existing production facilities of hazardous chemicals or the storage facilities of hazardous chemicals that constitute major hazard installations do not comply with the provisions of the preceding paragraph, the work safety supervision and administration department of the people's government of the city divided into districts in the place where they are located shall, together with relevant departments, supervise their subordinate units to make rectification within the prescribed time limit; If it is necessary to change production, stop production, relocate or close down, the people's government at the corresponding level shall decide and organize the implementation.

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

The term "major hazard installations" as mentioned in these Regulations refers to units (including places and facilities) that produce, store, use or handle 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 monitoring, monitoring, ventilation, sunscreen, temperature regulation, fire prevention, fire fighting, explosion prevention, pressure relief, poison prevention, neutralization, moisture-proof, lightning protection, anti-static, anti-corrosion Safety facilities and equipment, such as leakage prevention, protective dike or isolation operation, shall be regularly maintained in accordance with national standards, industrial standards or relevant national regulations to ensure the normal use of safety facilities and equipment.

Units that produce and store hazardous chemicals shall set up obvious safety warning signs on their workplaces, 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 a suitable state.

Article 22 Enterprises that produce and store hazardous chemicals shall entrust institutions with the qualifications prescribed by the State to conduct safety assessment on their production safety conditions every three years and submit safety assessment reports. The content of the safety assessment report shall include the plan for rectification of the problems existing in the safety production conditions.

Enterprises that produce and store hazardous chemicals shall report the safety assessment report and the implementation of the rectification plan to the work safety supervision and administration department of the local people's government at the county level for the record. Enterprises that store hazardous chemicals in the port area shall report the safety assessment 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 hazardous chemicals that can be used to manufacture explosives as specified by the public security department under the State Council (hereinafter referred to as explosive hazardous chemicals) shall truthfully record the quantity and flow direction of highly toxic chemicals and explosive hazardous chemicals they produce and store, and take necessary safety precautions to prevent highly toxic chemicals Loss or theft of explosive hazardous chemicals; If highly toxic chemicals or explosive hazardous chemicals are found lost or stolen, they shall immediately report to the local public security organ.

Units that produce and store highly toxic chemicals and explosive hazardous chemicals shall set up security agencies and be staffed with full-time security personnel.

Article 24 Hazardous chemicals shall be stored in special warehouses, special sites or special storage rooms (hereinafter referred to as special warehouses) and managed by special personnel; Highly toxic chemicals and other hazardous chemicals whose storage quantity constitutes a major source of danger shall be stored separately in a special warehouse, and a system of two people receiving and sending, and two people keeping shall be implemented.

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

Article 25 The unit storing hazardous chemicals shall establish a system for the verification and registration of the entry and exit of hazardous chemicals.

For highly toxic chemicals and other hazardous chemicals whose storage quantity constitutes a major source of danger, the storage unit shall report their storage quantity, storage location and management personnel to the work safety supervision and administration department of the local people's government at the county level (if they are stored in the port area, they shall be reported to the port administration department) and the public security organ for the record.

Article 26 Special warehouses for hazardous chemicals shall meet the requirements of national standards and industrial standards, and shall be clearly marked. Special warehouses for storing highly toxic chemicals and explosive hazardous chemicals shall be equipped with corresponding technical prevention facilities in accordance with the relevant provisions of the State.

Units storing 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, suspends production, suspends business or disbands, it shall take effective measures to dispose of its hazardous chemicals production installations, storage facilities and stored hazardous chemicals in a timely and proper manner, and shall not discard hazardous chemicals; The disposal plan shall be reported to the production safety supervision and administration department, the competent industry and information technology department, the competent environmental protection department and the public security organ of the local people's government at the county level for the record. The supervision and administration department of production safety shall, together with the competent department of environmental protection and the public security organ, supervise and inspect the disposal. If it is found that the disposal is not in accordance with the provisions, it shall order it to deal with it immediately.

Chapter III Safety in Use

Article 28 Units that use hazardous chemicals shall meet the requirements of laws, administrative regulations, national standards and industrial standards in terms of their use conditions (including processes), and establish and improve safety management rules and regulations and safety operation procedures for the use of hazardous chemicals according to the types, hazardous characteristics, amount of use and use methods of the hazardous chemicals they use, Ensure the safe use of hazardous chemicals.

Article 29 Chemical enterprises that use hazardous chemicals to engage in production and use a specified amount of hazardous chemicals (except those belonging to 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 quantity standards for the use of hazardous chemicals specified in the preceding paragraph shall be determined and announced by the supervision and administration department of production safety under the State Council in conjunction with the public security department and the competent agricultural department under 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 requirements:

（1） There are professional and technical personnel suitable for the hazardous chemicals used;

（2） There are safety management organizations and full-time safety management personnel;

（3） There are emergency plans for hazardous chemical accidents and necessary emergency rescue equipment and equipment in line with national regulations;

（4） Safety assessment was carried out according to law.

Article 31 A chemical enterprise applying for a license for the safe use of hazardous chemicals shall file an application with the production safety supervision and administration department of the people's government of the city divided into districts where it is located, and submit the certification materials that it meets the requirements specified in Article 30 of these Regulations. The supervision and administration department of production safety of the people's government of a city divided into districts shall conduct examination according to law and make a decision on approval or disapproval within 45 days from the date of receiving the certification materials. If it is approved, a license for the safe use of hazardous chemicals shall be issued; If the application is not approved, the applicant shall be notified in writing with reasons.

The supervision and administration department of production safety shall timely notify the competent environmental protection department at the same level and the public security organ 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 producing hazardous chemicals under key environmental management shall apply to enterprises engaged in production using hazardous chemicals under key environmental management; The provisions of Article 20, Article 21, paragraph 1 of Article 23, and Article 27 on units producing and storing hazardous chemicals shall apply to units using hazardous chemicals; Article 22 The provisions on enterprises that produce and store hazardous chemicals shall apply to enterprises that use hazardous chemicals to engage in production.

Chapter IV Business Safety

Article 33 The State implements a licensing system for the operation of hazardous chemicals (including warehousing, the same below). Without permission, no unit or individual may deal in hazardous chemicals.

A legally established hazardous chemical production enterprise does not need to obtain a hazardous chemical business license to sell its own hazardous chemicals within its factory area.

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

Article 34 Enterprises engaged in the business of hazardous chemicals shall meet the following requirements:

（1） There shall be business premises that meet the national and industrial standards, and storage facilities that meet the national and industrial standards shall also be available for storing hazardous chemicals;

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

（3） Having sound safety management rules and regulations;

（4） Full time safety management personnel;

（5） There are emergency plans for hazardous chemical accidents and necessary emergency rescue equipment and equipment in line with national regulations;

（6） 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 production safety supervision and administration department of the people's government of the city divided into districts where they are located. Enterprises engaged in the business of other hazardous chemicals shall, An application shall be submitted to the work safety supervision and administration department of the local people's government at the county level (if there are storage facilities, an application shall be submitted to the work safety supervision and administration department of the local people's government at the city level divided into districts). The applicant shall submit the evidentiary materials proving that it meets the requirements specified in Article 34 of these Regulations. The production safety supervision and administration department of the people's government of the city divided into districts or the production safety supervision and administration department of the people's government at the county level shall carry out examination according to law, conduct on-site inspection of the applicant's business premises and storage facilities, and make a decision of approval or disapproval within 30 days from the date of receiving the certification materials. If it is approved, it shall issue a dangerous chemicals business license; If the application is not approved, the applicant shall be notified in writing with reasons.

The work safety supervision and administration department of the people's government of the city divided into districts and the work safety supervision and administration department of the people's government at the county level shall timely report the issuance of business licenses for hazardous chemicals to the competent environmental protection department at the same level and the public security organ.

The applicant may engage in hazardous chemicals business activities only after going through the registration formalities with the administrative department for industry and commerce with the hazardous chemicals business license. Where the laws, administrative regulations or the State Council stipulate that the operation of hazardous chemicals also requires the permission of 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 When storing hazardous chemicals, hazardous chemicals trading enterprises shall comply with the provisions on storing hazardous chemicals in Chapter II of these Regulations. Only hazardous chemicals in small packages for civilian use can be stored in hazardous chemical stores.

Article 37 Hazardous chemicals trading enterprises shall not purchase hazardous chemicals from enterprises engaged in the production and marketing of hazardous chemicals without permission, and shall not deal in hazardous chemicals without chemical safety data sheets or chemical safety labels.

Article 38 Enterprises that have legally obtained the safe production license, safe use license and business license of hazardous chemicals shall purchase highly toxic chemicals and explosive hazardous chemicals with corresponding licenses. The production enterprise of civil explosives shall purchase explosive hazardous chemicals with the production license of 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 purchase license for highly toxic chemicals; Those who purchase explosive hazardous chemicals shall present the legal use description issued by their own units.

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

Article 39 To apply for a purchase license for 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:

（1） Copy of business license or legal person certificate (registration certificate);

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

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

（4） The identity certificate of the operator.

The public security organ of the people's government at the county level shall, within three days from the date of receiving the materials specified in the preceding paragraph, decide whether to approve or not. If it is approved, a purchase license for highly toxic chemicals shall be issued; If the application is not approved, the applicant shall be notified in writing with reasons.

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

Article 40 When selling highly toxic chemicals and explosive prone hazardous chemicals, hazardous chemical production enterprises and trading enterprises shall check the relevant licenses or certification documents specified in the first and second paragraphs of Article 38 of these Regulations, and shall not sell highly toxic chemicals and explosive prone hazardous chemicals to units without relevant licenses or certification documents. Those who purchase highly toxic chemicals with a purchase license for highly toxic chemicals shall sell them according to the variety and quantity specified in the license.

It is prohibited to sell highly toxic chemicals (except pesticides belonging to highly toxic chemicals) and explosive hazardous chemicals to individuals.

Article 41 When selling highly toxic chemicals and explosive hazardous chemicals, hazardous chemical production enterprises and trading enterprises shall truthfully record the name and address of the purchasing unit, the name and ID card number of the operator, and the variety, quantity and purpose of the highly toxic chemicals and explosive hazardous chemicals purchased. The retention period of sales records and copies of the ID card of the operator, copies of relevant permits or supporting documents shall not be less than one year.

The selling enterprises and purchasers of highly toxic chemicals and explosive prone dangerous chemicals shall, within 5 days after the sale and purchase, report the types, quantities and flow information of the highly toxic chemicals and explosive prone dangerous chemicals they sell and purchase 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 purchased; If it is really necessary to transfer due to production change, production suspension, relocation, closure, etc., it shall be transferred to the unit that has the relevant license or certification documents specified in the first and second paragraphs of Article 38 of these Regulations, and after the transfer, the relevant information shall be reported to the public security organ of the local people's government at the county level in a timely manner.

Chapter V Transportation Safety

Article 43 Those engaged in the road transport and waterway transport of dangerous chemicals shall obtain the road transport license of dangerous goods and the waterway transport license of dangerous goods in accordance with the provisions of the laws and administrative regulations on road transport and waterway transport respectively, and go through the registration formalities with the administrative department for industry and commerce.

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

Article 44 The drivers, crew members, loading and unloading management personnel, escorts, declaration personnel, and on-site inspectors of container packing of road transport enterprises and waterway transport enterprises of hazardous chemicals shall pass the examination of the competent department of transportation and obtain the employment qualification. 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 shall be conducted under the on-site command or monitoring of the loading and unloading management personnel. Containers carrying dangerous chemicals by waterway shall be loaded under the direction or supervision of the on-site inspector of container loading, and shall meet the specifications and requirements for stowage and isolation; After the completion of the packing operation, the on-site inspector of container packing shall sign the packing certificate.

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

Tanks and other containers used to transport hazardous chemicals shall be tightly sealed to prevent leakage and spillage 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 set accurately and opened and closed flexibly.

Drivers, crew members, loading and unloading management personnel, escorts, declaration personnel, and on-site container inspectors who transport hazardous chemicals shall understand the hazardous characteristics of the transported hazardous chemicals, the requirements for the use of their packages and containers, and the emergency treatment methods in case of dangerous situations.

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

Article 47 Where hazardous chemicals are transported by road, they shall be loaded according to the verified load capacity of the transport vehicle, and shall not be overloaded.

The transport vehicles of hazardous chemicals shall meet the safety technical conditions required by the national standards, and carry out regular safety technical inspection in accordance with the relevant national regulations.

Dangerous chemical transport vehicles shall hang or spray warning signs that meet the requirements of national standards.

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

If it is necessary to park for a long time due to accommodation or circumstances affecting normal transportation during the transportation of hazardous chemicals, the drivers and escorts shall take corresponding safety precautions; Transportation of highly toxic chemicals or explosive hazardous chemicals shall also be reported to the local public security organ.

Article 49 Without the approval of the public security organ, vehicles transporting hazardous chemicals shall not enter the areas restricted by hazardous chemical transport vehicles. The public security organ of the people's government at the county level shall delimit the areas where the passage of hazardous chemicals transport vehicles is restricted, and set up obvious signs.

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 in the place of origin or destination for a road transport permit for highly toxic chemicals.

When applying for a road transport permit 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:

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

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

（3） Documents certifying that the carrier has obtained the road transport license for dangerous goods, the transport vehicle has obtained the operation license, and the drivers and escorts have obtained the job qualifications;

（4） Relevant licenses for purchasing highly toxic chemicals as stipulated in the first and second paragraphs of Article 38 of these Regulations, or import and export certificates 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 receiving the materials specified in the preceding paragraph, decide whether to approve or not. If it is approved, a road transport permit for highly toxic chemicals shall be issued; If the application is not approved, the applicant shall be notified in writing with reasons.

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 Where highly toxic chemicals and explosive hazardous chemicals are lost, stolen, robbed or dispersed or leaked during road transportation, the drivers and escorts shall immediately take corresponding warning and safety measures and report to the local public security organ. After receiving the report, the public security organ shall immediately notify the supervision and administration department of production safety, the competent environmental protection department and the competent health department according to the actual situation. The relevant departments shall take necessary emergency measures.

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

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

If the relevant safe transportation conditions of the chemicals to be delivered to the ship for transportation are not clear, the cargo owner or agent shall entrust the relevant technical agency to conduct an assessment, and the relevant safe transportation conditions shall be clear and confirmed by the maritime administrative agency before the chemicals can be delivered to the ship for transportation.

Article 54 It is prohibited to transport highly toxic chemicals and other hazardous chemicals that are prohibited from being transported through inland rivers by the State.

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

The scope of highly toxic chemicals and other hazardous chemicals prohibited to be transported by 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 department of production safety according to the hazardous characteristics of hazardous chemicals The hazard degree of hazardous chemicals to human body and water environment and the degree of difficulty in eliminating hazardous consequences shall be stipulated and announced.

Article 55 The transportation department under the State Council shall, according to the hazardous characteristics of hazardous chemicals, carry out classified management on the transportation of hazardous chemicals other than those specified in Article 54 of these Regulations by inland rivers (hereinafter referred to as the transportation of hazardous chemicals by inland rivers) Packaging specifications and safety protection measures shall be stipulated and implemented under supervision.

Article 56 The transport of dangerous chemicals by inland rivers shall be carried by a water transport enterprise that has obtained a license for the transport of dangerous goods by water according to law, and no other unit or individual may carry them. The consignor shall entrust a water transport enterprise that has obtained a license for the carriage of dangerous goods by water according to law to carry the goods, and may not entrust other units or individuals to carry the goods.

Article 57 For the transportation of dangerous chemicals by inland rivers, the transport vessels that have legally obtained the certificate of fitness for loading dangerous goods shall be used. Waterway transport enterprises shall, in view of the hazardous characteristics of the hazardous chemicals they transport, formulate emergency rescue plans for accidents involving hazardous chemicals on transport vessels, and equip transport vessels with adequate and effective emergency rescue equipment and equipment.

The owner or operator of a ship transporting dangerous chemicals by inland waters shall obtain a certificate of insurance or a certificate of financial guarantee for the ship's liability for pollution damage. A copy of the insurance certificate or financial guarantee certificate for the liability for pollution damage from a ship shall be carried with the ship.

Article 58 When transporting hazardous chemicals by inland river, the material, type, strength and packaging method of the packaging materials for hazardous chemicals shall meet the requirements of the packaging specifications for hazardous chemicals transported by water. Where the competent department of communications and transportation under the State Council has restrictive provisions on the quantity of hazardous chemicals transported by a single vessel, the carrier shall arrange the transportation quantity in accordance with the provisions.

Article 59 Inland river wharves and berths used for the transportation of hazardous chemicals shall comply with the relevant safety regulations of the State, and shall be kept at a distance from the drinking water intake as prescribed by the State. The relevant administrative units shall formulate emergency plans for hazardous chemical accidents at wharves and berths, and provide sufficient and effective emergency rescue equipment and equipment for wharves and berths.

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

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

When loading, unloading and lightering of hazardous chemicals in inland ports, the name, hazardous characteristics, packaging, time and place of operations and other matters of 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 limit specified by the competent department of transportation under the State Council, notify the reporter and notify the maritime administrative agency at the same time.

Vessels carrying dangerous chemicals navigating on inland rivers and passing through ship crossing buildings shall report to the competent transportation department in advance and accept the management of the competent transportation department.

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

If a vessel carrying dangerous chemicals needs pilotage when navigating inland rivers in accordance with the provisions of the competent department of transportation under the State Council, it shall apply for pilotage.

Article 62 Vessels carrying dangerous chemicals shall abide by laws, administrative regulations and other provisions of the State on the protection of drinking water sources when navigating inland rivers. The plan for the development of inland waterways shall be coordinated with the plan for the delimitation of drinking water source protection zones approved according to law.

Article 63 When consigning hazardous chemicals, the shipper shall explain to the carrier the type, quantity, hazardous characteristics and emergency measures for hazardous situations of the hazardous chemicals it consigns, and properly pack the hazardous chemicals it consigns in accordance with relevant national regulations, with corresponding marks on the outer packaging.

If it is necessary to add inhibitors or stabilizers to transport hazardous chemicals, the shipper shall add them and inform the carrier of the relevant information.

Article 64 The consignor shall not carry dangerous chemicals in the consigned ordinary goods, or conceal or falsely report dangerous chemicals as ordinary goods.

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

For those suspected of violating the provisions of the first and second paragraphs of this article, the competent transportation department and the postal administration department may open them for inspection according to law.

Article 65 The safety management of the transport of dangerous chemicals by railway or air shall be implemented in accordance with the provisions of the laws, administrative regulations and rules on railway or air transport.

Chapter VI Registration of Hazardous Chemicals and Emergency Rescue

Article 66 The State implements a hazardous chemicals registration system to provide technical and information support for the safety management of hazardous chemicals, as well as the prevention and emergency rescue of hazardous chemicals accidents.

Article 67 Hazardous chemical production enterprises and import enterprises shall register hazardous chemicals with the organ responsible for the registration of hazardous chemicals under the supervision and administration of production safety under the State Council (hereinafter referred to as the registration organ of hazardous chemicals).

The registration of hazardous chemicals includes the following contents:

（1） Classification and labeling information;

（2） Physical and chemical properties;

（3） Main purpose;

（4） Hazard characteristics;

（5） Safety requirements for storage, use and transportation;

（6） Emergency response measures for dangerous situations.

The same type of dangerous chemicals produced and imported by the same enterprise shall not be registered repeatedly. Where a hazardous chemical production enterprise or an import enterprise discovers that the hazardous chemicals it produces or imports have new hazardous characteristics, it shall go through the formalities for changing the contents of the registration with the hazardous chemical registration authority in a timely manner.

The specific measures for the registration of hazardous chemicals shall be formulated by the supervision and administration department of production safety under the State Council.

Article 68 The registration authority of hazardous chemicals shall regularly provide the relevant information and materials on the registration of hazardous chemicals to the departments of industry and information technology, environmental protection, public security, health, transportation, railway, 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 industry and information technology, environmental protection, public security, health, transportation, railway, quality supervision, inspection and quarantine and other departments, formulate an emergency plan for hazardous chemicals accidents according to the actual situation of the region, and submit it to the people's government at the same level for approval.

Article 70 Hazardous chemical units shall formulate their own emergency plans for hazardous chemical accidents, provide emergency rescue personnel and necessary emergency rescue equipment, and regularly organize emergency rescue drills.

The hazardous chemical unit shall report its emergency plan for hazardous chemical accidents to the work safety supervision and administration department of the people's government of the city divided into districts where it is located for the record.

Article 71 In case of a hazardous chemical accident, the main person in charge of the accident unit shall immediately organize rescue according to the unit's emergency plan for hazardous chemicals, and report to the local supervision and administration department of production safety and the competent departments of environmental protection, public security and health; If a hazardous chemical accident occurs in the course of road or waterway transportation, the driver, crew or escort shall also report to the transportation department in charge of the place 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 production safety supervision and administration, environmental protection, public security, health, transportation, etc. to organize and implement the rescue in accordance with the local emergency plan for hazardous chemical accidents, 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:

（1） Immediately organize rescue and treatment of the victims, evacuate, evacuate or take other measures to protect other people in the hazard area;

（2） Quickly control the hazard source, determine the nature of hazardous chemicals, the hazard area and degree of the accident;

（3） In view of the actual and possible harm caused by the accident to human body, animals and plants, soil, water source and atmosphere, measures such as sealing, isolation and decontamination shall be taken quickly;

（4） Monitor and assess 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 Where an accident involving hazardous chemicals causes environmental pollution, the competent environmental protection department of the people's government at or above the level of a city divided into districts shall uniformly release relevant information.

Chapter VII Legal Liability

Article 75 If anyone produces, markets or uses hazardous chemicals that are prohibited by the State from producing, marketing or using, the supervision and administration department of production safety shall order him to stop production, marketing or using activities and impose a fine of not less than 200000 yuan but not more than 500000 yuan. If there are any illegal gains, the illegal gains shall be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.

The supervision and administration department of production safety shall also order those who commit the acts specified in the preceding paragraph to conduct harmless treatment of the hazardous chemicals they produce, trade in and use.

Those who use 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 the first paragraph of this Article.

Article 76 If a construction project for the production and storage of hazardous chemicals is newly built, rebuilt or expanded without safety conditions examination, the supervision and administration department of production safety shall order it to stop construction and make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 500000 yuan but not more than 1 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

If a port construction project for storing, loading or unloading dangerous chemicals is built, rebuilt or expanded without safety conditions examination, the port administrative department shall punish it in accordance with the provisions of the preceding paragraph.

Article 77 Those who engage in the production of hazardous chemicals without obtaining a production safety license for hazardous chemicals according to law, or engage in the production of hazardous chemicals and their packages and containers without obtaining a production license for industrial products according to law, shall be punished in accordance with the Regulations on Production Safety Licenses and the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products.

If a chemical enterprise, in violation of the provisions of these Regulations, uses hazardous chemicals in production without obtaining a license for the safe use of hazardous chemicals, the supervision and administration department of production safety shall order it to make corrections within a time limit and impose a fine of not less than 100000 yuan but not more than 200000 yuan; If it fails to make corrections within the time limit, it shall be ordered to suspend production for rectification.

In case of violating the provisions of these Regulations and engaging in the operation of hazardous chemicals without obtaining a license for the operation of hazardous chemicals, the supervision and administration department of production safety shall order to stop the operation, confiscate the illegal hazardous chemicals and illegal income, and impose a fine of more than 100000 yuan but less than 200000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 78 In 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 and business for rectification:

（1） The unit that produces and stores hazardous chemicals fails to set up obvious signs for the hazardous chemical pipelines it lays, or fails to regularly inspect and test the hazardous chemical pipelines;

（2） When carrying out construction operations that may endanger the safety of hazardous chemical pipelines, the construction unit fails to notify the pipeline affiliated unit in writing according to the regulations, or fails to work out an emergency plan with the pipeline affiliated unit and take corresponding safety protection measures, or the pipeline affiliated unit does not assign special personnel to the site for pipeline safety protection guidance;

（3） The hazardous chemical production enterprise fails to provide the chemical safety data sheet, or fails to attach or tie the chemical safety label on the packaging (including outsourced packaging);

（4） The chemical safety data sheet provided by the hazardous chemical production enterprise is not consistent with the hazardous chemicals it produces, or the chemical safety label pasted and hung on the package (including the outsourced package) is not consistent with the hazardous chemicals in the package, or the contents of the chemical safety data sheet and the chemical safety label do not meet the requirements of national standards;

（5） The hazardous chemical production enterprise does not immediately announce the new hazardous characteristics of the hazardous chemicals it produces, or does not timely revise its chemical safety data sheet and chemical safety label;

（6） Dangerous chemicals operating enterprises operating dangerous chemicals without chemical safety data sheets and chemical safety labels;

（7） The material, type, specification, method and single piece weight (weight) of hazardous chemicals packaging materials and containers are incompatible with the nature and use of the packaged hazardous chemicals;

（8） The unit that produces and stores hazardous chemicals fails to set up obvious safety warning signs on the workplace, safety facilities and equipment, or fails to set up communication and alarm devices in the workplace;

（9） The special warehouse for hazardous chemicals is not managed by a specially assigned person, or the system of two persons receiving and sending, and two persons keeping is not implemented for the highly toxic chemicals stored and other hazardous chemicals that constitute major hazard installations;

（10） The unit storing dangerous chemicals has not established a system for checking and registering the entry and exit of dangerous chemicals;

（11） The special warehouse for hazardous chemicals is not provided with obvious signs;

（12） The production and import enterprises of hazardous chemicals fail to register the hazardous chemicals, or fail to go through the formalities for changing the contents of the hazardous chemicals registration when discovering that the hazardous chemicals they produce or import have new hazardous characteristics.

If a port operator engaged in the storage and operation of dangerous chemicals is in any of the circumstances specified in the preceding paragraph, the port administrative department shall punish him in accordance with the provisions of the preceding paragraph. If the special warehouses for storing highly toxic chemicals and explosive hazardous chemicals fail to set up corresponding technical prevention facilities in accordance with the relevant provisions of the State, the public security organs shall punish them in accordance with the provisions of the preceding paragraph.

If the units that produce and store highly toxic chemicals and explosive hazardous chemicals do not set up security agencies and are staffed with full-time security personnel, they shall be punished in accordance with the provisions of the Regulations on Internal Security of Enterprises and Institutions.

Article 79 Where an enterprise producing packaging materials and containers of hazardous chemicals sells packaging materials and containers of hazardous chemicals that have not been inspected or have failed to pass the inspection, the quality supervision, inspection and quarantine department shall order it to make corrections and impose a fine of not less than 100000 yuan but not more than 200000 yuan, and confiscate its illegal income if any; 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 its stowed containers 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 Where an entity that produces, stores or uses hazardous chemicals is under any of the following circumstances, the supervision and administration department of production safety 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 until the original license issuing authority revokes its relevant licenses, and the administrative department for industry and commerce shall order it to register changes in its 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:

（1） Failing to inspect packaging materials and containers of reusable hazardous chemicals before reuse;

（2） Failing to set up relevant safety facilities and equipment in the workplace according to the types and hazardous characteristics of the hazardous chemicals produced and stored, or failing to regularly maintain the safety facilities and equipment according to the national standards, industrial standards or relevant national regulations;

（3） Failing to carry out regular safety assessment on their production safety conditions in accordance with the provisions of these Regulations;

（4） Failing to store hazardous chemicals in a special warehouse, or failing to store highly toxic chemicals and other hazardous chemicals that constitute major hazard installations in a separate warehouse;

（5） The storage mode, method or quantity of hazardous chemicals do not conform to national standards or relevant national regulations;

（6） The special warehouse for hazardous chemicals does not meet the requirements of national standards and industrial standards;

（7） Failing to regularly test and inspect the safety facilities and equipment of the special warehouse for hazardous chemicals.

If a port operator engaged in the storage and operation of dangerous chemicals is in any of the circumstances specified in the preceding paragraph, the port administrative department shall punish him in accordance with the provisions of the preceding paragraph.

Article 81 Under any of the following circumstances, the public security organ shall order a person to make corrections and may impose a fine of not more than 10000 yuan; Those who refuse to make corrections shall be fined not less than 10000 yuan but not more than 50000 yuan:

（1） The units that produce, store and use highly toxic chemicals and explosive dangerous chemicals fail to record the quantity and flow direction of highly toxic chemicals and explosive dangerous chemicals that are produced, stored and used;

（2） The unit that produces, stores and uses highly toxic chemicals and explosive prone dangerous chemicals fails to report to the public security organ immediately when it finds that highly toxic chemicals and explosive prone dangerous chemicals have been lost or stolen;

（3） The unit storing highly toxic chemicals fails to report the storage quantity, storage location and management personnel of highly toxic chemicals to the public security organ of the local people's government at the county level for the record;

（4） The name and address of the purchasing unit, the name and ID card number of the operator, and the variety, quantity, and purpose of the highly toxic chemicals and explosive hazardous chemicals purchased by the production and operation enterprises of hazardous chemicals are not recorded truthfully, or the sales records and related materials have been kept for less than one year;

（5） The sales enterprises and purchasers of highly toxic chemicals and explosive prone dangerous chemicals fail to report the types, 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 within the prescribed time limit;

（6） Units that use highly toxic chemicals and explosive prone hazardous chemicals transfer the highly toxic chemicals and explosive prone hazardous chemicals they purchased in accordance with the provisions of these Regulations without reporting the relevant information to the public security organ of the local people's government at the county level.

Enterprises that produce and store hazardous chemicals or enterprises that use hazardous chemicals to engage in production fail to report the safety assessment report and the implementation of the rectification plan to the work safety supervision and administration department or the port administration department for the record in accordance with the provisions of these Regulations, Or 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 whose storage quantity constitutes a major hazard source to the work safety supervision and administration department or the port administration department for the record, The supervision and administration department of production safety or the port administration department shall respectively impose penalties in accordance with the provisions of the preceding paragraph.

If an enterprise producing hazardous chemicals under key environmental management or an enterprise engaged in production using hazardous chemicals under key environmental management fails to report relevant information to the competent environmental protection department as required, the competent environmental protection department shall punish it in accordance with the provisions of the first paragraph of this Article.

Article 82 Where a unit that produces, stores or uses hazardous chemicals changes production, suspends production, suspends business or disbands, fails to take effective measures to timely and properly dispose of its hazardous chemicals production installations, storage facilities and stored hazardous chemicals, or discards hazardous chemicals, the supervision and administration department of production safety shall order it to make corrections and impose a fine of not less than 50000 yuan but not more than 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, suspends production, suspends business or disbands, and fails to report its hazardous chemical production installations, storage facilities and disposal plans for stored hazardous chemicals to the relevant departments for the record in accordance with the provisions of these Regulations, the relevant departments shall respectively order it to make corrections and may impose a fine of not more than 10000 yuan; Those who refuse to make corrections shall be fined not less than 10000 yuan but not more than 50000 yuan.

Article 83 Where an enterprise engaged in the operation of hazardous chemicals purchases hazardous chemicals from an enterprise engaged in the production and operation of hazardous chemicals without permission, the administrative department for industry and commerce shall order it to make corrections and impose a fine of not less than 100000 yuan but not more than 200000 yuan; If it refuses to make corrections, it shall be ordered to suspend business for rectification until its business license for dangerous chemicals is revoked by the original license issuing authority, and the administrative department for industry and commerce shall order it to change its business scope or revoke its business license.

Article 84 The supervision and administration department of production safety shall order an enterprise engaged in the production or marketing of hazardous chemicals to make corrections, confiscate its illegal income and impose a fine of between 100000 yuan and 200000 yuan in any of the following circumstances:; If it refuses to make corrections, it shall be ordered to suspend production and business for rectification or even revoke its work safety license for hazardous chemicals and its business license for hazardous chemicals, and the administrative department for industry and commerce shall order it to register changes in its business scope or revoke its business license:

（1） Selling highly toxic chemicals and explosive hazardous chemicals to units that do not have the relevant permits or certification documents as prescribed in the first and second paragraphs of Article 38 of these Regulations;

（2） Failing to sell highly toxic chemicals according to the variety and quantity specified in the purchase license for highly toxic chemicals;

（3） Selling highly toxic chemicals (excluding pesticides belonging to highly toxic chemicals) and explosive hazardous chemicals to individuals.

If a unit that does not have the relevant permit or certification documents as prescribed in the first and second paragraphs of Article 38 of these Regulations purchases highly toxic chemicals, explosive prone dangerous chemicals, or an individual purchases highly toxic chemicals (except pesticides belonging to highly toxic chemicals), explosive prone dangerous chemicals, the public security organ shall confiscate the highly toxic chemicals and explosive prone dangerous chemicals purchased, A fine of less than 5000 yuan may also be imposed.

Units using highly toxic chemicals and explosive prone dangerous chemicals lend or transfer the highly toxic chemicals and explosive prone dangerous chemicals purchased by them to units that do not have the relevant licenses as prescribed in the first and second paragraphs of Article 38 of these Regulations, or transfer the highly toxic chemicals (except pesticides belonging to highly toxic chemicals) and explosive prone dangerous chemicals purchased by them to individuals, The public security organ shall order correction 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 Those who engage in the road transport and waterway transport of dangerous chemicals without obtaining the road transport license and waterway transport license of dangerous goods according to law shall be punished in accordance with the provisions of the laws and administrative regulations on road transport and waterway transport respectively.

Article 86 In 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:

（1） Drivers, crew members, loading and unloading management personnel, escort personnel, declaration personnel, and on-site inspectors of container packing of hazardous chemicals road transport enterprises and waterway transport enterprises do not have the qualification to work;

（2） Transportation of hazardous chemicals without taking corresponding safety protection measures according to the hazardous characteristics of hazardous chemicals, or without necessary protective articles and emergency rescue equipment;

（3） Using a ship that has not obtained a certificate of fitness for loading dangerous goods according to law to transport dangerous chemicals by inland waters;

（4） The carrier who transports hazardous chemicals by inland river violates the restrictions of the competent transportation department of the State Council on the quantity of hazardous chemicals transported by a single ship;

（5） Inland river wharves and berths used for the transportation of hazardous chemicals do not comply with the relevant national safety regulations, or do not maintain a safe distance from the drinking water intake as required by the state, or are put into use without being accepted by the competent transportation department;

（6） The consignor fails to explain to the carrier the type, quantity, hazardous characteristics and emergency measures for hazardous situations of the hazardous chemicals it has consigned, or fails to properly package the hazardous chemicals it has consigned in accordance with relevant national regulations and set corresponding marks on the outer packaging;

（7） When it is necessary to add inhibitors or stabilizers to transport hazardous chemicals, the shipper does not add them or fails to inform the carrier of the relevant information.

Article 87 Under any of the following circumstances, the competent department of communications and transportation shall order correction and impose a fine of not less than 100000 yuan but not more than 200000 yuan, and confiscate the illegal gains, if any; 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:

（1） Entrusting an enterprise that has not obtained the road transport license of dangerous goods or the water transport license of dangerous goods according to law to carry dangerous chemicals;

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

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

（4） Carrying dangerous chemicals in the consigned ordinary goods, or falsely reporting or concealing dangerous chemicals as ordinary goods.

Those who carry dangerous chemicals in mail or express mail, or falsely report dangerous chemicals as ordinary goods and hand them over for posting, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

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

Article 88 Under any of the following circumstances, the public security organ shall order a correction and impose a fine of not less than 50000 yuan but not more than 100000 yuan; If it constitutes a violation of the administration of public security, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Loading dangerous chemicals beyond the approved load capacity of the transport vehicle;

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

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

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

Article 89 In 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, a public security administration punishment shall be given according to law:

（1） Dangerous chemical transport vehicles do not hang or spray warning signs, or the hanging or spraying warning signs do not meet the requirements of national standards;

（2） Transporting dangerous chemicals by road without escorts;

（3） The driver or escort does not report to the local public security organ when it needs to stop for a long time during the transportation of highly toxic chemicals or explosive hazardous chemicals;

（4） The driver or escort does not take necessary warning measures and safety measures or report to the local public security organ when the highly toxic chemicals and explosive hazardous chemicals are lost, stolen, robbed or dispersed or leaked during road transportation.

Article 90 Road transport enterprises of hazardous chemicals that are fully or mainly responsible for traffic accidents shall be ordered by the public security organs to eliminate potential safety hazards. Vehicles transporting hazardous chemicals that have not eliminated potential safety hazards shall not be allowed to drive on roads.

Article 91 Under any of the following circumstances, the competent department of communications and transportation shall order it to make corrections and may impose a fine of not more than 10000 yuan; Those who refuse to make corrections shall be fined not less than 10000 yuan but not more than 50000 yuan:

（1） Road transport enterprises and waterway transport enterprises of hazardous chemicals are not equipped with full-time safety management personnel;

（2） The management unit of inland wharves and berths used for the transportation of dangerous chemicals fails to formulate emergency rescue plans for dangerous chemicals accidents at the wharves and berths, or fails to provide sufficient and effective emergency rescue equipment and equipment for the wharves and berths.

Article 92 Under any of the following circumstances, punishment shall be imposed in accordance with the Regulations of the People's Republic of China on the Administration of Traffic Safety on Domestic Rivers:

（1） The waterway transport enterprise that transports hazardous chemicals through inland rivers fails to formulate an emergency rescue plan for accidents involving hazardous chemicals transported by ships, or fails to equip transport ships with sufficient and effective emergency rescue equipment and equipment;

（2） The owner or operator of a ship transporting dangerous chemicals by inland river fails to obtain the insurance certificate or financial guarantee certificate of the ship's liability for pollution damage;

（3） Vessels carrying dangerous chemicals into and out of inland ports without prior reporting relevant matters to the maritime administrative agency and obtaining its consent;

（4） The vessel carrying dangerous chemicals fails to hang special warning signs, display special signals according to regulations, or apply for pilotage according to regulations when navigating, loading, unloading or berthing in inland rivers.

Whoever, without reporting to and obtaining the consent of the port administrative department, carries out loading, unloading and lightering operations of hazardous chemicals in the port shall be punished in accordance with the provisions of the Port Law of the People's Republic of China.

Article 93 Anyone who forges, alters or leases, lends or transfers the production safety license for hazardous chemicals or the production license for industrial products, or uses the forged or altered production safety license for hazardous chemicals or the production license for industrial products, shall comply with the Regulations on Production Safety Licenses and the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products, respectively The punishment specified in.

Where any person forges, alters or leases, lends or transfers any other license as prescribed by these Regulations, or uses any other license as prescribed by these Regulations that is forged or altered, he shall be fined not less than 100000 yuan but not more than 200000 yuan by the relevant license issuing and administrative organ, and the illegal gains, if any, shall be confiscated; If it constitutes a violation of the administration of public security, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 94 If the main person in charge of a hazardous chemical unit fails to immediately organize rescue or report to the relevant department when a hazardous chemical accident occurs, he 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 to a hazardous chemical unit and causes personal injury or property loss to others, it shall be liable for compensation according to law.

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

Article 96 Any staff member of the department responsible for the safety supervision and administration of dangerous chemicals who abuses his power, neglects his duty or engages in malpractices for personal gain in the safety supervision and administration of dangerous chemicals, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, punishment shall be given according to law.

Chapter VIII Supplementary Provisions

Article 97 The safety management of MCCs, pharmaceuticals and pesticides belonging to hazardous chemicals shall be implemented in accordance with the provisions of these Regulations; Where laws and administrative regulations provide otherwise, such provisions shall prevail.

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

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

If hazardous chemical containers belong to special equipment, their safety management shall be carried out in accordance with the provisions of laws and administrative regulations on the safety of special equipment.

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

The environmental management registration of hazardous chemicals and the environmental management registration of new chemicals shall be implemented in accordance with the provisions of laws, administrative regulations and rules on environmental protection. Environmental management registration of hazardous chemicals shall be charged in accordance with the relevant provisions of the State.

Article 99 Unowned hazardous chemicals found and picked up by the public shall be received by the public security organ. If hazardous chemicals received by public security organs or confiscated by relevant departments according to law need to be treated innocuously, they shall be handed over to the competent environmental protection department to organize professional units recognized by them for treatment, or to the relevant hazardous chemical production enterprises for treatment. The cost of processing shall be borne by the state finance.

Article 100 Where the hazardous characteristics of a chemical have not yet been determined, the supervision and administration department of production safety under the State Council, the competent environmental protection department under the State Council and the competent health department under the State Council shall respectively be responsible for organizing the assessment of the physical hazards, environmental hazards and toxicological characteristics of the chemical. If it is necessary to adjust the list of hazardous chemicals according to the appraisal results, the provisions of Paragraph 2 of Article 3 of these Regulations shall apply.

Article 101 If a chemical enterprise that has used hazardous chemicals for production before the implementation of these Regulations needs to obtain a license for the safe use of hazardous chemicals according to the provisions of these Regulations, it shall apply for a license for the safe use of hazardous chemicals within the time limit specified by the production safety supervision and administration department under the State Council.

Article 102 These Regulations shall come into force as of December 1, 2011.^[2]

Promulgated by Decree No. 344 of the State Council of the People's Republic of China on January 26, 2002, and amended for the first time at the 144th executive meeting of the State Council on February 16, 2011, according to the Decision of the State Council on Amending Some Administrative Regulations issued by Decree No. 645 of the State Council on December 7, 2013