Dangerous Chemicals Management Regulations Refreshed After 9 Years

The newly revised Regulations on the Administration of Dangerous Chemicals Safety will be implemented on December 1 this year. This is a refreshment since the implementation of the 2002 version of the regulations for 9 years.

Recently, the State Council of the People's Republic of China issued Decree No. 591 on the 2011 edition of the Regulations. There have been several significant changes in the new regulations:

First, the responsibility is more clear. The new regulations have defined the responsibilities and obligations of the supervisory departments and enterprises for the design, production, storage, transportation and use of hazardous chemicals. Article 4 clearly puts forward "enhancement and implementation of the main responsibility of the enterprise." Articles 6, 68, and 69 clearly specify the production safety supervision and management departments, public security organs, quality supervision and inspection and quarantine departments, environmental protection departments, transportation departments, health departments, and administrative departments for industry and commerce. The division of labor and mutual cooperation between the postal administration department, the agricultural administrative department, and the industrial and informatization administrative department.

Second, more attention is paid to the use of modern scientific and technological means to manage hazardous chemicals. Article 10 stipulates that “national enterprises that encourage the production of hazardous chemicals and enterprises that use hazardous chemicals for production use advanced technologies, processes, equipment, and automatic control systems that are conducive to raising the level of safety and security, and encourage the specialized storage and unification of dangerous chemicals. Distribution, centralized sales."

Third, the illegal penalties have been increased. Compared with the 2002 version of the Regulations, the original “penalty fine of not less than 10,000 yuan but not more than 50,000 yuan” was generally revised to “a fine of more than 50,000 yuan but less than 100,000 yuan”. The new Article 75 states that if a company produces, uses, or uses hazardous chemicals that are prohibited from production, business, or use by the State, it shall be fined not less than 200,000 yuan but not more than 500,000 yuan; it shall be newly constructed or rebuilt without review of security conditions. The expansion of the construction and storage of hazardous chemicals shall be imposed on a fine of not less than 500,000 yuan but not more than 1 million yuan.

Fourth, for the first time, the concept of “safe use license for hazardous chemicals” and relevant measures are proposed. Article 6 proposes that the safety production supervision and management department is responsible for "issuing safety production licenses for dangerous chemicals, safety use licenses for hazardous chemicals, and operating licenses for hazardous chemicals, and is responsible for the registration of hazardous chemicals." Article 28 to Article 32, in all safety laws and regulations for the first time put forward the "dangerous chemicals safe use permit" the whole concept, and gives the license permit flow, time limit and required materials.

In addition, there are many major changes in the contents of the new regulations, which involve the redefinition of hazardous chemicals, the devolution of approval authority for hazardous chemicals business licenses, the improvement of regulations for the transportation of hazardous chemicals in rivers, and the registration of hazardous chemicals safety management.