Chapter I General Provisions
Article 1 In order to strengthen the management of precursor chemicals, regulate the purchase, sale and transportation of precursor chemicals, prevent precursor chemicals from being used to manufacture drugs, and maintain economic and social order, these Measures are formulated in accordance with the Regulations on the Administration of precursor chemicals.
Article 2 The Ministry of Public Security is the competent department in charge of the purchase and sale, transportation management, supervision and inspection of precursor chemicals throughout the country.
The public security organs of the local people's governments at or above the county level shall be responsible for the management, supervision and inspection of the purchase and sale, transportation of precursor chemicals within their respective jurisdictions.
The drug control departments of the public security organs of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts shall set up special agencies for the control of precursor chemicals, and the public security organs of the people's governments at the county level shall set up special personnel to be responsible for the purchase, transportation licensing or filing, supervision and inspection of precursor chemicals.
Chapter II Purchase and Sales Management
Article 3 Anyone who purchases non pharmaceutical precursor chemicals in Category I shall apply to the public security organ of the provincial people's government for a purchase license; The purchase of precursor chemicals in Category II and Category III shall be reported to the public security organ of the local people's government at the county level for the record. Only after obtaining the purchase license or the purchase record certificate can the precursor chemicals be purchased.
Article 4 Individuals shall not purchase precursor chemicals in Category I and Category II.
It is prohibited to trade in precursor chemicals in cash or in kind, except that individuals lawfully purchase pharmaceutical preparations of precursor chemicals in Category I and precursor chemicals in Category III.
Article 5 Anyone who applies for purchasing non pharmaceutical precursor chemicals in Category I and precursor chemicals in Category II and III shall submit the following application materials:
（1） Business license of the operating enterprise (duplicate and photocopy), registration certificate of other organizations or establishment approval document (original and photocopy), or personal identity certificate (original and photocopy);
（2） Legal use requires proof (original).
The certificate required for legal use shall be issued by the purchasing unit or individual, indicating the variety, quantity and purpose of the precursor chemicals to be purchased, and shall be stamped with the seal of the purchasing unit or the signature of the individual.
Article 6 An application for purchasing non pharmaceutical precursor chemicals in Category I shall be examined and approved by the public security organ of the provincial people's government where the applicant is located. The public security organ in charge of examination and approval shall, within ten days from the date of receiving the application, examine the application materials submitted by the applicant. For those that meet the requirements, a purchase license shall be issued; If no permission is granted, the reasons shall be explained in writing.
If the public security organ in charge of examination and approval can handle the application for purchasing a license on the spot, it shall do so on the spot; If the materials are incomplete and need to be supplemented, the applicant shall be informed of the contents to be supplemented at one time; If the materials provided do not conform to the provisions, the reasons shall be explained in writing.
Article 7 When examining the application materials for the purchase license of precursor chemicals in Category I, the public security organ may, if necessary, conduct on-site verification. Under any of the following circumstances, on-site verification shall be conducted:
（1） The first application made by the purchasing unit;
（2） The application materials provided by the purchasing unit do not meet the requirements;
（3） Have questions about the application materials provided by the purchasing unit.
Article 8 Those who purchase precursor chemicals in Category II and Category III shall, before purchasing them, report the varieties and quantities they need to purchase to the public security organ of the local people's government at the county level for the record. After accepting the filing, the public security organ shall issue the purchase filing certificate on the same day.
For self use, it is not necessary to put on record the purchase of potassium permanganate less than five kilograms at a time and the annual consumption of potassium permanganate less than fifty kilograms.
Article 9 The purchase license for precursor chemicals is valid for a single use and is valid for one month.
The purchase and filing certificate of precursor chemicals is valid for one month after use. The unit that has no violations within one year after the record keeping can be issued with a valid record keeping certificate for multiple use, which is valid for six months.
For individual purchases, only one valid filing certificate can be used.
Article 10 When selling precursor chemicals in Category I, an operating entity shall check the purchase license and the identity certificate of the person in charge. For entrusted purchase, the entrustment document held by the purchaser shall also be examined.
The entrustment document shall specify the information of both the trustor and the trustee, the varieties and quantities of the entrusted purchase, etc.
A business entity may sell precursor chemicals in Category I only after it has verified that they are correct and retained copies of the certification materials specified in the preceding two paragraphs; If any suspicious situation is found, it shall be reported to the local public security organ immediately.
When examining the license and identity certificate provided by the purchaser, the business unit may ask the local public security organ to assist in the verification if it is unable to determine the authenticity of the license and identity certificate. The public security organ shall check on the spot. If it is unable to check on the spot, it shall inform the business unit of the results of the check within three days.
Article 11 An operating entity shall establish an account for the sale of precursor chemicals and truthfully record the varieties, quantities, dates and purchasers of the chemicals sold. When selling precursor chemicals, the business entity shall also keep copies of the purchase license or purchase record certificate and the identity certificate of the person responsible for the purchase.
The sales account and copies of supporting materials shall be kept for two years for future reference.
Article 12 An operating entity shall report the sales of precursor chemicals in Category I to the public security organ of the local people's government at the county level for the record within five days from the date of sales, and report the sales of precursor chemicals in Category II and Category III to the public security organ of the local people's government at the county level for the record within thirty days.
The recorded sales information shall include the sales unit, address, type and quantity of precursor chemicals sold, and copies of the retained certification materials of the purchaser shall be submitted at the same time.
Article 13 The units that use precursor chemicals in Category I shall establish a use account, truthfully record the types, quantities, use and inventory of precursor chemicals purchased, and keep them for two years for future reference.
Article 14 An entity that purchases, sells and uses precursor chemicals shall establish its internal management system in terms of the entry and exit registration of precursor chemicals, the division of responsibilities of precursor chemicals management posts, and the training of enterprise employees on precursor chemicals knowledge.
Chapter III Transportation Management
Article 15 Under any of the following circumstances when transporting precursor chemicals, a transportation license shall be applied for or filed:
（1） Transportation across the administrative regions of cities divided into districts (municipalities directly under the Central Government are cross city boundaries);
（2） Transporting drugs across county-level administrative regions in key areas with severe drug control situation. The Ministry of Public Security shall determine and adjust the key areas with serious drug control situation, and the list shall be published separately.
For the transportation of precursor chemicals in Category I, an application for a transportation license shall be submitted to the public security organ of the people's government of the city divided into districts where the chemicals are transported out.
For the transportation of precursor chemicals in Category II, an application for a transportation license shall be submitted to the public security organ of the people's government at the county level in the place where the chemicals are shipped out.
The transportation of precursor chemicals in Category III shall be reported to the public security organ of the people's government at the county level in the place where they are transported for the record.
Article 16 The transportation of ephedrine samples of less than 100 grams for teaching and scientific research and ephedrine in small packages for use in pharmaceutical formulations of medical institutions, as well as the purchase of ephedrine tablets of less than 60000 tablets and injections of less than 15000 pieces by medical institutions or narcotic drug distributors, If the owner or carrier holds the legally obtained purchase license or the allocation list of narcotic drugs, it is not necessary to apply for the transportation license of precursor chemicals.
Article 17 For the need of treating diseases, patients, close relatives of patients or persons entrusted by patients may carry along pharmaceutical preparations of precursor chemicals in Category I with medical diagnosis issued by medical institutions and their own identity certificates, but the maximum dose of a single medical prescription shall not be exceeded.
Article 18 For the transportation of precursor chemicals, the owner of the goods shall apply to the public security organ for a transportation license or put on record.
The following materials shall be submitted when applying for the transportation license of precursor chemicals or filing:
（1） Business license of the operating enterprise (duplicate and photocopy), registration certificate or establishment approval document of other organizations (original and photocopy), personal identity certificate (original and photocopy);
（2） Purchase and sales contract of precursor chemicals (copy);
（3） The identity certificate of the operator (original and copy).
Article 19 The public security organ in charge of examination and approval shall examine the application materials submitted by the applicant within ten days from the date of receiving the application for the transportation license of precursor chemicals in Category I and three days from the date of receiving the application for the transportation license of precursor chemicals in Category II. For those that meet the requirements, a transportation license shall be issued; If no permission is granted, the reasons shall be explained in writing.
If the public security organ in charge of examination and approval can handle the transportation license application on the spot, it shall do so on the spot; If the materials are incomplete and need to be supplemented, the applicant shall be informed of the contents to be supplemented at one time; If the materials provided do not conform to the provisions, the reasons shall be explained in writing.
The transportation of precursor chemicals in Category III shall be reported to the public security organ of the people's government at the county level at the place where the chemicals are transported out for the record. The public security organ shall issue a record keeping certificate on the day when it receives the record keeping materials.
Article 20 The public security organ in charge of examination and approval shall verify the authenticity and validity of the application materials submitted by the applicant. When examining the purchase and sales contract, it may require the applicant to show the purchase license or record keeping certificate to check whether they are consistent; For business license and registration certificate (or establishment approval document), the production scope, business scope, use scope, validity period of license and other contents shall be checked.
When examining the application materials for the transportation license of precursor chemicals in Category I, the public security organ may, if necessary, conduct on-site verification. Under any of the following circumstances, on-site verification shall be conducted:
（1） The applicant applies for the first time;
（2） The application materials provided do not meet the requirements;
（3） Have questions about the application materials provided.
Article 21 A transportation license valid for one month shall be issued to those who are permitted to transport precursor chemicals in Category I.
For those who are permitted to transport precursor chemicals in Category II, a valid transport license for multiple use for three months shall be issued; If the transportation of precursor chemicals in Category III is put on record, a valid record keeping certificate for multiple use for three months shall be issued; A transport license or transport record certificate valid for 12 months may be issued to those who transport according to regulations and ensure transport safety within six months after obtaining a transport license or transport record certificate.
Article 22 When accepting the consignment of the consignor for transportation, the carrier shall check the transportation license or the record keeping certificate provided by the consignor, if it is required to transport with certificates, and check whether the goods transported are consistent with the variety and quantity of precursor chemicals specified in the transportation license or the record keeping certificate; In case of inconformity, the goods shall not be transported.
When checking the transport license or record keeping certificate provided by the cargo owner, the carrier may request the public security organ of the local people's government to assist in the verification if it is unable to determine its authenticity. The public security organ shall check on the spot. If it is unable to do so, it shall inform the carrier of the result of the check within three days.
Article 23 When transporting precursor chemicals, the transport vehicles shall post labels of precursor chemicals on obvious parts; For hazardous chemicals, they shall be transported by units with hazardous chemicals transportation qualification; If it is necessary to transport with certificates, the transport personnel shall carry the transport license or the record keeping certificate throughout the whole journey from the time of departure. The carrier unit shall send someone to escort or take other effective measures to prevent the loss, theft and robbery of precursor chemicals.
The transportation of precursor chemicals shall also comply with the relevant provisions of the State on cargo transportation.
Article 24 During the transportation of precursor chemicals, the public security organ shall check whether the transportation is consistent with the contents of the transportation license or the record keeping certificate. The traffic police, public security, drug control, border defense and other departments shall strengthen the inspection of the transportation of precursor chemicals in key traffic sections and border areas.
Article 25 The public security organs of the places where precursor chemicals are transported out and into shall establish a system of information notification. The public security organ in charge of examination and approval or filing at the place of shipment shall notify the public security organ at the same level at the place of shipment of precursor chemicals at the end of each quarter of the information about the transportation license or filing of precursor chemicals handled. The public security organ at the same level at the place of shipment shall verify the actual arrival of the goods and notify the public security organ at the place of shipment.
Chapter IV Supervision and Inspection
Article 26 The public security organs of the people's governments at or above the county level shall strengthen the supervision and inspection of the purchase, sale and transportation of precursor chemicals, and the relevant units and individuals shall actively cooperate. The public security organ shall investigate and deal with the illegal purchase, sale and transportation.
When conducting supervision and inspection of precursor chemicals, the public security organ may, according to law, check the scene, consult and copy relevant materials, record relevant information, and seize relevant evidence materials and illegal articles; When necessary, relevant places may be temporarily sealed up.
The units or individuals under inspection shall truthfully provide relevant information, materials and articles, and may not refuse or conceal them.
Article 27 The public security organ shall keep the precursor chemicals that are confiscated and seized according to law safely. Those that can be recycled shall be recycled; Those that cannot be recovered shall be handed over to qualified units for destruction in accordance with the relevant provisions of environmental protection laws and administrative regulations to prevent environmental pollution and personal injury. All drug precursor chemicals in Category I that have been confiscated or seized shall be destroyed.
The storage and destruction expenses shall be borne by the illegal units or individuals of precursor chemicals. If the unit or individual in violation of the law is unable to bear the cost, the cost shall be spent from the recovered income, or be disbursed from the anti drug funds of the public security organ.
Article 28 The units that purchase, sell and transport precursor chemicals shall report to the local public security organ at the county level on the purchase, sale and transport of precursor chemicals in the previous year before March 31 of each year. If the public security organ finds any suspicious situation, it shall check and inspect it in a timely manner, and may conduct on-site inspection when necessary.
Conditional purchase, sales and transportation units can establish computer networks with local public security organs to timely report relevant information.
Article 29 Where precursor chemicals are lost, stolen or robbed, the unit responsible for the case shall immediately report to the local public security organ. The public security organ that receives the report shall promptly file the case for investigation and report to the public security organ at a higher level.
Chapter V Legal Liability
Article 30 Where anyone purchases precursor chemicals in violation of regulations and has one of the following circumstances, the public security organ shall confiscate the illegally purchased precursor chemicals and impose a fine of 10 times to 20 times the value of the illegally purchased precursor chemicals. If 20 times the value of the illegally purchased precursor chemicals is less than 10000 yuan, a fine of 10000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Purchasing precursor chemicals without permission or filing;
（2） Using another person's or forged, altered or invalid license or record keeping certificate to purchase precursor chemicals.
Article 31 Where anyone sells precursor chemicals in violation of regulations and has one of the following circumstances, the public security organ shall impose a fine of not more than 10000 yuan on the selling unit; If there are illegal gains, a fine of not more than 30000 yuan shall be imposed, and the illegal gains shall be recovered according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Selling precursor chemicals to units or individuals without purchase licenses or record keeping certificates;
（2） Selling precursor chemicals in excess of the variety and quantity of the purchase license or filing certificate.
Article 32 Where the owner of the goods transports precursor chemicals in violation of regulations and in any of the following circumstances, the public security organ shall confiscate the illegally transported precursor chemicals or the equipment and tools for illegally transporting precursor chemicals; To impose a fine of not less than 10 times but not more than 20 times the value of the illegally transported precursor chemicals, and if 20 times the value of the goods is less than 10000 yuan, a fine of 10000 yuan shall be imposed; The illegal gains, if any, shall be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Transporting precursor chemicals without permission or record keeping;
（2） Using another person's or forged, altered or invalid license to transport precursor chemicals.
Article 33 If the carrier violates the regulations to transport precursor chemicals and has one of the following circumstances, the public security organ shall order it to stop operation for rectification and impose a fine of not less than 5000 yuan but not more than 50000 yuan:
（1） It is inconsistent with the variety, quantity, place of entry, owner, consignee, carrier, etc. specified in the transportation license or filing certificate of precursor chemicals;
（2） The type of transportation license is improper;
（3） The transport personnel fail to carry the transport license or the record keeping certificate throughout the whole journey.
If an individual carries precursor chemicals that do not conform to the provisions on variety and quantity, the public security organ shall confiscate the precursor chemicals and impose a fine of not less than 1000 yuan but not more than 5000 yuan.
Article 34 If anyone forges application materials to defraud the purchase and transportation license or record keeping certificate of precursor chemicals, the public security organ shall impose a fine of 10000 yuan and revoke the license or record keeping certificate.
Whoever purchases or transports precursor chemicals by using the purchase or transportation license or record keeping certificate of precursor chemicals obtained through fraudulent application materials shall be punished in accordance with the provisions of Item 1 of Article 30 and Item 1 of Article 32 respectively.
Article 35 The public security organ may, within three years from the date of making the decision on administrative penalty, stop accepting the application for permission to purchase or transport precursor chemicals of any unit or individual that has violated the provisions of Articles 30, 32 and 34.
Article 36 If anyone, in violation of the provisions on the control of precursor chemicals, commits one of the following acts, the public security organ shall give a warning, order him to make corrections within a time limit, and impose a fine of not less than 10000 yuan but not more than 50000 yuan; Confiscate precursor chemicals purchased in violation of regulations; If it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification within a time limit; If the rectification fails within the time limit, the corresponding license shall be revoked:
（1） Lending the purchase or transportation license or filing certificate of precursor chemicals to others for use;
（2） Purchasing precursor chemicals in excess of the permitted varieties and quantities;
（3） The unit that sells or purchases precursor chemicals fails to record or fails to record the transactions truthfully, fails to keep the transaction records as required, or fails to record the sales truthfully or timely with the public security organ;
（4） Failing to report the loss, theft or robbery of precursor chemicals in time, causing serious consequences;
（5） Except for the legal purchase of pharmaceutical preparations of precursor chemicals in Category I and precursor chemicals in Category III by individuals, transactions of precursor chemicals are conducted in cash or in kind;
（6） An entity dealing in precursor chemicals fails to report the annual distribution and inventory of precursor chemicals truthfully or on time.
Article 37 If a unit or individual that deals in, purchases or transports precursor chemicals refuses to accept the supervision and inspection of the public security organ, the public security organ shall order it to make corrections and give a warning to the person in charge directly responsible and other persons directly responsible; If the circumstances are serious, the unit shall be fined not less than 10000 yuan but not more than 50000 yuan, and the persons directly in charge and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan; Those who violate the administration of public security shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38 Where the administrative staff of precursor chemicals of the public security organ, in their management work, fail to permit or abuse the permit without permission, fail to accept the record according to law, or commit other acts of abuse of power, dereliction of duty, favoritism and malpractice, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 Where a public security organ imposes a penalty under this Chapter and other competent administrative organs should impose a penalty at the same time, it shall notify other administrative organs to deal with it.
Chapter VI Supplementary Provisions
Article 40 For the purposes of these Measures, the term "business unit" refers to the distribution unit that deals in precursor chemicals and the production unit that distributes the precursor chemicals produced by itself.
Article 41 The term "transportation" as used in these Measures refers to the movement of precursor chemicals in space through various means of transportation, such as roads, railways, water and air, the use of vehicles, ships, aircraft and other means of transportation, as well as various means of transportation, such as human and animal transport.
Article 42 The Ministry of Public Security shall uniformly stipulate the format and supervise the production of the purchase license and record keeping certificate of precursor chemicals, the transportation license and record keeping certificate, and the special seal for the management of precursor chemicals.
Article 43 These Measures shall come into force as of October 1, 2006. The Provisions on the Administration of Ephedrine Transport Licenses (Order No. 52 of the Ministry of Public Security) shall be repealed at the same time.
Attached table:
Classification and variety list of precursor chemicals
first kind
1. 1-phenyl-2-acetone
2. 3,4-Methylenedioxyphenyl-2-acetone
3. Piperonal
4. Safrole
5. Safrole oil
6. Isosafrole
7. N-acetyl-o-aminobenzoic acid
8. O-aminobenzoic acid
9. Lysergic acid*
10. Ergotamine*
11. Ergometrine*
12. Ephedrine, pseudoephedrine, racemic ephedrine, norephedrine, methylephedrine, ephedrine extract, ephedrine extract powder and other ephedrine like substances*
Category II
1. Phenylacetic acid
2. Acetic anhydride
3. Trichloromethane
4. Ether
5. Piperidine
Category III
1. Toluene
2. Acetone
3. Methyl ethyl ketone
4. Potassium permanganate
5. Sulfuric acid
6. Hydrochloric acid
explain:
1、 Salts that may exist in the substances listed in Category I and Category II are also under control.
2、 The varieties marked with * refer to the pharmaceutical precursor chemicals in Category I, which include APIs and their unilateral preparations.