The Decree of the State Council of the People's Republic of China on the Safety Management of Hazardous Chemicals No. 591 was revised and adopted at the 144th executive meeting of the State Council on February 16, 2011. The revised Regulations on the Administration of Dangerous Chemicals is now published, since 2011. It will come into effect on December 1.
Premier Wen Hao**
March 2, 2011
Regulations on the Administration of Dangerous Chemicals Safety (promulgated by the State Council of the People's Republic of China on January 26, 2002, Decree No. 344, revised on February 16, 2011 at the 144th Executive Meeting of the State Council)
Chapter I General Provisions Article 1 These Regulations are formulated in order to strengthen the safety management of hazardous chemicals, prevent and reduce accidents involving dangerous chemicals, protect the safety of people's lives and property, and protect the environment.
Article 2 These regulations apply to the safety management of the production, storage, use, operation and transportation of dangerous chemicals.
The disposal of discarded dangerous chemicals shall be carried out in accordance with laws, administrative regulations and relevant state regulations concerning environmental protection.
Article 3 The term "dangerous chemicals" as used in these Regulations refers to highly toxic chemicals and other chemicals that are toxic, corrosive, explosive, combustible, and flammable, and that are harmful to humans, facilities, and the environment.
Catalogue of hazardous chemicals shall be identified by the State Council’s production safety supervision and management department in conjunction with the State Council’s industry and information technology, public security, environmental protection, public health, quality supervision and inspection and quarantine, transportation, railways, civil aviation, and agricultural authorities. And the classification criteria are determined, published, and adjusted as appropriate.
Article 4 The safety management of dangerous chemicals shall adhere to the principles of safety first, prevention first, and comprehensive management, and strengthen and implement the main responsibilities of enterprises.
The principal person in charge of the production, storage, use, operation, and transportation of hazardous chemicals (hereinafter referred to as dangerous chemical units) shall be fully responsible for the safety management of dangerous chemicals in this unit.
Dangerous chemical units shall have the safety requirements as stipulated by laws and administrative regulations and national standards and industry standards, establish and improve safety management rules and post safety responsibility systems, and provide safety education, legal education, and job technical training for employees. Employees should receive education and training, and go through the job after passing the examination. Eligible persons should be provided with qualified personnel according to law.
Article 5 No unit or individual may produce, operate, or use hazardous chemicals that the State prohibits production, operation or use.
If the state has restrictive provisions on the use of hazardous chemicals, no unit or individual may use hazardous chemicals in violation of restrictive regulations.
Article 6 The departments responsible for the safety supervision and administration of the production, storage, use, operation, and transportation of dangerous chemicals (hereinafter collectively referred to as the departments responsible for the safety supervision and management of dangerous chemicals) shall perform their duties in accordance with the following provisions:
(1) The safety production supervision and administration department is responsible for the comprehensive safety supervision and management of hazardous chemicals, and organizes the establishment, publication, and adjustment of dangerous chemical catalogs, and the production, storage, and storage of dangerous chemicals for new construction, reconstruction, and expansion (including the use of long-distance transmission pipelines to transport dangerous chemicals. The construction project of the product, the same below) carries out a review of the safety conditions, issues a license for the safe production of hazardous chemicals, a permit for the safe use of hazardous chemicals and a license for the operation of dangerous chemicals, and is responsible for the registration of dangerous chemicals.
(2) The public security agency is responsible for the public safety management of dangerous chemicals, the issuance of permits for the purchase of highly toxic chemicals, and permits for road transportation of highly toxic chemicals, and is responsible for the road traffic safety management of dangerous chemicals transport vehicles.
(3) The quality supervision, inspection, and quarantine department is responsible for the issuance of production licenses for hazardous chemicals, their packaging and containers (excluding stationary large storage tanks for storing dangerous chemicals, the same below) of production enterprises, and their products according to law. Supervision of quality implementation, responsible for the inspection of dangerous chemicals imported and exported and their packaging.
(4) The competent department of environmental protection shall be responsible for the supervision and administration of the disposal of hazardous chemicals, the organization of the assessment of the environmental hazards of hazardous chemicals and the assessment of the degree of environmental risks, the determination of hazardous chemicals for the implementation of key environmental management, and the registration of the environmental management of hazardous chemicals. Registration of environmental management of new chemical substances; investigation of environmental pollution accidents and ecological damage related to hazardous chemicals in accordance with the division of responsibilities, and responsible for emergency environmental monitoring at the scene of hazardous chemical accidents.
(5) The competent department of transportation shall be responsible for road transportation of dangerous chemicals, permission for waterway transportation, safety management of transportation vehicles, supervision of the safety of water transportation of dangerous chemicals, responsible for road transportation enterprises of dangerous chemicals, driving personnel and crew of water transportation enterprises. Qualifications of personnel, loading and unloading management personnel, escort personnel, application personnel, and on-site inspectors for container packing. The railway administration department is responsible for the safety management of dangerous chemicals railway transportation, responsible for the qualification approval of dangerous chemical railway transport carriers and shippers, and the safety management of transportation tools. Civil aviation authorities are responsible for the safety management of air transport of hazardous chemicals and air transport companies and their transportation vehicles.
(6) The competent health department is responsible for the management of the toxicity assessment of hazardous chemicals, and is responsible for organizing and coordinating the medical and health rescue work of the persons injured by the hazardous chemicals.
(7) The administrative department for industry and commerce shall issue a business license for the production, storage, operation, and transportation of dangerous chemicals, and investigate and punish the illegal chemicals purchasing enterprises for illegally purchasing dangerous chemicals.
(8) The postal administrative department is responsible for the investigation and punishment of the acts of sending dangerous chemicals.
Article 7 The departments responsible for the safety supervision and management of dangerous chemicals shall, in accordance with law, conduct supervision and inspections, and may take the following measures:
(1) Entering into hazardous chemicals workplaces to carry out on-site inspections, obtain information from relevant units and personnel, and inspect and copy relevant documents and materials;
(2) discover hidden dangers of dangerous chemicals and order them to eliminate them immediately or within a time limit;
(3) To order the use of facilities, equipment, devices, equipment, and transportation vehicles that do not meet the requirements of laws, administrative regulations, rules, or national or industry standards, and immediately order the use of the facilities;
(IV) With the approval of the main responsible person of the department, seize the place of illegal production, storage, use, and operation of dangerous chemicals, seize dangerous chemicals that are illegally produced, stored, used, handled, or transported, and use it for illegal production, use, transportation Raw materials, equipment, and transportation tools for hazardous chemicals;
(5) Finding illegal acts that affect the safety of dangerous chemicals shall be corrected on the spot or ordered to be corrected within a time limit.
The departments responsible for the safety supervision and management of dangerous chemicals shall carry out supervision and inspections according to law. There shall be no less than two supervision and inspection personnel, and shall present 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 hinder them.
Article 8 The people's government at or above the county level shall establish a coordination mechanism for the supervision and administration of hazardous chemicals safety, and support and supervise the departments responsible for the safety supervision and administration of hazardous chemicals in performing their duties according to law, and coordinate and resolve the safety supervision and management of hazardous chemicals. Major issues.
The departments responsible for the safety supervision and management of dangerous chemicals shall cooperate with each other and work closely together to strengthen the safety supervision and administration of hazardous chemicals according to law.
Article 9 Any unit or individual has the right to report a violation of the provisions of these Regulations to the department responsible for the safety supervision and management of dangerous chemicals. The departments responsible for the safety supervision and management of hazardous chemicals shall be notified in a timely manner in accordance with the law, and those that do not belong to their own departments shall be promptly transferred to the relevant departments.
Article 10 The State encourages hazardous chemical production enterprises and enterprises that use dangerous chemicals to engage in production to adopt advanced technologies, processes, equipment, and automatic control systems that are conducive to raising the level of safety and security, and encourage the special storage and uniform distribution of dangerous chemicals. Focus on sales.
Chapter II Safety of Production and Storage Article 11 The state shall make overall plans and reasonable arrangements for the production and storage of dangerous chemicals.
The State Council’s department of industry and informationization and other relevant departments of the State Council shall be responsible for the planning and layout of the production and storage of hazardous chemicals in accordance with their respective duties.
The local people's government shall organize the preparation of urban and rural planning. It shall, in accordance with the actual conditions in the region, and in accordance with the principle of ensuring safety, plan appropriate areas for the production and storage of hazardous chemicals.
Article 12 When constructing, reconstructing, or expanding a construction project that produces or stores dangerous chemicals (hereinafter referred to as "construction project"), the safety production supervision and administration department shall carry out a review of the safety conditions.
The construction unit shall conduct safety condition argumentation on the construction project, entrust the agency with the qualified qualifications prescribed by the state to conduct safety assessment on the construction project, and report the safety condition argumentation and safety evaluation report to the people’s government at or above the municipal level where the construction project is located. Safety production supervision and management departments; safety production supervision and management departments shall make a review decision within 45 days from the date of receipt of the report and notify the construction unit in writing. The specific measures shall be formulated by the State Council’s production safety supervision and administration department.
For port construction projects that newly build, reconstruct or expand storage, loading and unloading of dangerous chemicals, the port administrative department shall carry out the review of safety conditions in accordance with the provisions of the State Council department in charge of transportation.
Article 13 Units that produce or store dangerous chemicals shall have clear signs on the pipelines of dangerous chemicals they lay, and regularly inspect and inspect the dangerous chemicals pipelines.
For construction operations that may jeopardize the safety of dangerous chemicals pipelines, the construction unit shall notify the pipeline affiliated units in writing 7 days prior to the commencement of construction and work with the pipeline affiliates to work out an emergency plan and take appropriate safety precautions. The unit to which the pipeline belongs should assign special personnel to the site to guide the pipeline safety protection.
Article 14 Prior to the production of dangerous chemicals, production enterprises shall, in accordance with the provisions of the "Regulations on Safety Production Licenses," obtain a safety production license for hazardous chemicals.
Enterprises that produce dangerous chemicals that are listed in the national industrial product catalog that adopts a 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 departments responsible for issuing licenses for the production of hazardous chemicals and production licenses for industrial products shall promptly notify their counterparts of industry and informationization, environmental protection authorities, and public security organs of the issuance of licenses.
Article 15 A hazardous chemicals production enterprise shall provide chemical safety technical manuals that are in conformity with the hazardous chemicals it produces, and stick or hung on the dangerous chemical packaging (including external packaging materials) in conformity with the dangerous chemicals in the packaging. Chemical safety label. The content specified in the Chemical Safety Data Sheet and the chemical safety label shall comply with the requirements of the national standards.
If a hazardous chemicals production enterprise finds that the dangerous chemicals it produces have new hazardous characteristics, it shall immediately make an announcement and revise its chemical safety data sheet and chemical safety label in a timely manner.
Article 16 An enterprise that produces and implements hazardous chemicals for key environmental management shall, in accordance with the regulations of the competent department of environmental protection under the State Council, report the release of such hazardous chemicals to the environment to the competent department of environmental protection. The competent department of environmental protection may take appropriate environmental risk control measures according to the situation.
Article 17 The packaging of dangerous chemicals shall comply with the provisions of laws, administrative regulations and rules as well as the requirements of national standards and industry standards.
The types, specifications, methods, and unit mass (weight) of hazardous chemical packaging materials, containers, and packaging of hazardous chemicals should be compatible with the nature and purpose of the hazardous chemicals packaged.
Article 18 Enterprises that produce hazardous chemicals packagings and containers that are listed in the national industrial product catalog that adopts the 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 dangerous chemicals packaging and containers produced by the company are inspected by the inspection agency certified by the quality supervision inspection and quarantine department of the State Council before being sold.
Ships transporting hazardous chemicals and their containers shall be produced in accordance with the State Ship Inspection Standards and inspected by the ship inspection agency certified by the maritime administrative agency before they can be put into use.
For reusable hazardous chemical packagings and containers, the use unit shall inspect before repeated use; if any safety hazard is found, it shall be repaired or replaced. The use unit shall make a record of the inspection situation, and the retention period of the record shall not be less than 2 years.
Article 19 Dangerous chemical production devices or storage quantities of dangerous chemical storage facilities that constitute major hazard sources (excluding gas stations and filling stations for transport vehicles), and distances from the following places, facilities, and regions shall comply with relevant state regulations:
(1) Inhabited areas, as well as commercial centers, parks and other personnel-intensive places;
(2) Public facilities such as schools, schools, theaters, and stadiums;
(3) Drinking water sources, water plants and water source protection areas;
(4) Stations and wharfs (excluding those permitted by law to engage in hazardous chemical loading and unloading operations), airport and communication trunk lines, communication hubs, railway lines, road traffic trunks, waterway traffic trunk lines, subway wind kiosks, and subway station entrances and exits;
(5) Production bases for basic farmland protection areas, basic grasslands, protected areas for livestock and poultry genetic resources, livestock and poultry large-scale breeding farms (breeding communities), fishery waters, and seeds, livestock and poultry, and aquatic fingerlings;
(6) Rivers, lakes, scenic spots, and nature reserves;
(7) Military restricted areas and military administrative areas;
(8) Other places, facilities and areas as required by laws and administrative regulations.
Where a constructed hazardous chemical production device or storage quantity of dangerous chemicals that constitutes a major hazard source does not conform to the provisions of the preceding paragraph, the safety production supervision and management department of the municipal people's government of the locality where it is located shall, in conjunction with relevant departments, supervise its affiliated units. The rectification shall be carried out within the prescribed time limit; if it is necessary to change production, suspend production, relocation, or closure, the people's government at the same level shall decide and organize the implementation.
The location of storage facilities for hazardous chemicals that constitute a major source of risk shall be avoided in areas where the seismic activity is faulted and prone to flooding or geological disasters.
The major hazard sources weighed in the present Regulations refer to the units (including sites and facilities) that produce, store, use or carry dangerous chemicals, and the quantity of dangerous chemicals equals or exceeds the critical amount.
Article 20 Units that produce or store dangerous chemicals shall, according to the types and hazardous characteristics of the dangerous chemicals they produce and store, set up corresponding monitoring, monitoring, ventilation, sun protection, temperature adjustment, fire prevention, and fire extinguishing at the workplace. Explosion protection, pressure relief, anti-virus, neutralization, moisture protection, lightning protection, anti-static, anti-corrosion, anti-leakage and protection of safety equipment and equipment such as embankments or isolation operations, and safety facilities, in accordance with national standards, industry standards, or relevant national regulations The equipment is regularly maintained and maintained to ensure the normal use of safety facilities and equipment.
Units that produce or store dangerous chemicals shall set up obvious safety warning signs on their workplaces, safety facilities and equipment.
Article 21 Units that produce or store dangerous chemicals shall set up communications and alarm devices at their workplaces and ensure that they are in an applicable state.
Article 22 An enterprise that produces or stores hazardous chemicals shall entrust an agency that has the qualifications prescribed by the state to conduct a safety assessment every three years for the company's safe production conditions and propose a safety evaluation report. The content of the safety assessment report shall include the plan for rectifying the problems existing in the conditions of safe production.
Enterprises that produce or store hazardous chemicals shall report the safety evaluation report and the implementation of the reform plan to the safety production supervision and administration department of the local people's government at the county level for the record. Enterprises storing hazardous chemicals in the port area shall report the safety evaluation report and the implementation of the reform plan to the port administrative department for the record.
Article 23 Units that produce or store highly toxic chemicals or dangerous chemicals that can be used for the manufacture of pharmaceutical products as prescribed by the public security department under the State Council (hereinafter referred to as easy-to-explode dangerous chemicals) shall truthfully record their production and storage. The number and direction of highly toxic chemicals, explosive chemicals, and necessary safety precautions to prevent the loss or theft of highly toxic chemicals, explosive chemicals, and explosive chemicals; If a dangerous chemical is lost or stolen, it shall immediately report it to the local public security organ.
The units that produce and store highly toxic chemicals and those that are prone to make dangerous chemicals shall establish public security agencies and be equipped with full-time public security personnel.
Article 24 Dangerous chemicals shall be stored in special warehouses, special venues or dedicated storage rooms (hereinafter collectively referred to as dedicated warehouses), and shall be managed by special persons; highly toxic chemicals and other hazardous chemicals whose quantities constitute major hazard sources It should be stored separately in a dedicated warehouse, and a double-handed delivery and double-keeping system should be implemented.
The storage methods, methods, and storage quantities of hazardous chemicals should comply with national standards or national regulations.
Article 25 Units that store hazardous chemicals shall establish a system for the verification and registration of hazardous chemicals entering and leaving the warehouse.
In the case of highly toxic chemicals and other hazardous chemicals that constitute a significant source of risk, the storage unit shall report the quantity, location and management personnel of the storage to the safety production supervision and administration department of the local people's government at the county level (in the port area Stored, reported to the port administrative department) and public security agencies for the record.
Article 26 Dedicated warehouses for hazardous chemicals shall meet the requirements of national standards and industry standards and shall have clear signs. The special warehouses for the storage of highly toxic chemicals and easy-to-explode dangerous chemicals shall be provided with corresponding technical prevention facilities in accordance with the relevant regulations of the State.
Units storing dangerous 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 dangerous chemicals changes production, suspends production, suspends operations, or dissolves, it shall take effective measures to timely and properly dispose of hazardous chemical production facilities, storage facilities, and hazardous chemicals in stock. Chemicals; Disposal plans should be reported to the local people's government at the county level for safety production supervision and management, industry and information management, environmental protection authorities and public security agencies for the record. The safety production supervision and management department shall, in conjunction with the competent department of environmental protection and the public security organ, supervise and inspect the disposal. If it finds that it has not disposed in accordance with the provisions, it shall order it to dispose of it immediately.
Chapter III Use of Safety Article 28 Units using hazardous chemicals shall use the conditions (including processes) in accordance with the provisions of laws and administrative regulations and the requirements of national and industry standards, and shall use the hazardous chemicals used. Types, hazardous characteristics, and usage and use methods, establish and improve the safety management rules and safe operating procedures for the use of hazardous chemicals to ensure the safe use of hazardous chemicals.
Article 29 A chemical company that uses dangerous chemicals for production and uses a prescribed amount (excluding hazardous chemical producing enterprises, the same below) shall obtain a license for the safe use of hazardous chemicals in accordance with the provisions of these Regulations.
The quantitative standards for the use of dangerous chemicals as prescribed in the preceding paragraph shall be determined and announced by the State Council’s safety production supervision and administration department in conjunction with the public security department and the competent agricultural department of the State Council.
Article 30 A chemical enterprise that applies for a license for the safe use of dangerous chemicals shall, in addition to the provisions of Article 28 of these Regulations, also meet the following conditions:
(1) Professional and technical personnel who are suitable for the hazardous chemicals used;
(2) Safety management agencies and full-time safety management personnel;
(3) There are contingency plans for hazardous chemicals accidents and necessary emergency rescue equipment and equipment that comply with the state regulations;
(d) Safety evaluations were carried out according to law.
Article 31 A chemical company that applies for a license for the safe use of hazardous chemicals shall apply to the safety production supervision and administration department of the municipal people's government in which the locality is located, and submit its certification materials that meet the conditions specified in Article 30 of these Regulations. . The safety production supervision and administration department of a municipal-level people's government in a district shall review the case according to law, and shall make a decision of approval or disapproval within 45 days from the date of receipt of the certification materials. If approval is granted, a permit for the safe use of dangerous chemicals shall be issued; if it is not approved, the applicant shall be informed in writing and explain the reasons.
The safety production supervision and administration department shall promptly notify the competent department of environmental protection and the public security organ at the same level of the situation of the issuance of the license for the safe use of dangerous chemicals.
Article 32 The provisions of Article 16 of the Regulations concerning the production and implementation of hazardous chemicals for key environmental management enterprises shall apply to enterprises engaged in the production of hazardous chemicals for the implementation of key environmental management; Article 20 and Article 20 The provisions of Article 1, paragraph 1 and Article 27 regarding the production and storage of dangerous chemicals shall apply to the units that use hazardous chemicals; Article 22 shall concern the production and storage of hazardous chemicals. The company's regulations apply to companies that use hazardous chemicals for production.
Chapter IV Operational Safety Article 33 The State adopts a licensing system for the operation of dangerous chemicals (including storage operations, the same below). Without permission, no unit or individual may operate dangerous chemicals.
A hazardous chemicals production enterprise established in accordance with the law shall, within its factory area, sell dangerous chemicals produced by its own company, and shall not need to obtain a hazardous chemicals business license.
A port operator who has obtained a port operation permit in accordance with the provisions of the "Port of the People's Republic of China" shall not engage in dangerous chemicals business licenses when he engages in storage and operation of hazardous chemicals within the port area.
Article 34 An enterprise engaged in the operation of hazardous chemicals shall meet the following conditions:
(1) Where there are business sites that meet national standards and industry standards and store dangerous chemicals, they shall also have storage facilities that meet national standards and industry standards;
(2) The employees have passed professional technical training and passed the examination;
(3) There are sound safety management rules and regulations;
(D) have full-time safety management personnel;
(5) There are contingency plans for hazardous chemicals accidents and necessary emergency rescue equipment and equipment that meet national regulations;
(6) Other conditions stipulated by laws and regulations.
Article 35 An enterprise engaged in the operation of highly toxic chemicals and dangerous chemicals for explosives shall apply to the safety production supervision and administration department of the municipal people's government in which the locality is located. Enterprises engaged in the operation of other dangerous chemicals shall report to The safety production supervision and administration department of the local people's government at the county level applies (if there are storage facilities, an application shall be submitted to the safety production supervision and administration department of the municipal people's government in which the area is located). The applicant shall submit certification materials that meet the conditions specified in Article 34 of the Regulations. The municipal-level people's government safety production supervision and management department or the county-level people's government safety production supervision and management department shall conduct a review in accordance with law and carry out on-site verification of the applicant’s business premises and storage facilities, starting from the date of receipt of the certification materials. A decision to approve or disapprove within days. If approval is granted, the business license for hazardous chemicals shall be issued; if it is not approved, the applicant shall be informed in writing and explain the reasons.
The safety production supervision and management department of the municipal people's government in the district and the safety production supervision and management department of the people's government at the county level shall promptly notify the competent department of environmental protection and the public security organ at the same level of the issuance of the hazardous chemicals business license.
After the applicant has registered with the administrative department for industry and commerce with a hazardous chemicals business license, he may engage in hazardous chemicals business activities. If the laws, administrative regulations or the State Council require the operation of dangerous chemicals that require the permission of other relevant departments, the applicant shall also hold a corresponding license when he goes through the registration formalities with the administrative department for industry and commerce.
Article 36 Where a dangerous chemicals trading company stores dangerous chemicals, it shall abide by the provisions of Chapter II of these Regulations concerning the storage of dangerous chemicals. Hazardous chemical stores can only store dangerous chemicals in small packages for civilian use.
Article 37: A hazardous chemicals trading company shall not purchase hazardous chemicals from enterprises that have not engaged in hazardous chemical production or business activities, nor may operate dangerous chemicals without chemical safety data sheets or chemical safety labels.
Article 38 Enterprises that have obtained licenses for the production of safe production of dangerous chemicals, licenses for the safe use of dangerous chemicals, and licenses for the operation of dangerous chemicals according to law shall purchase highly toxic chemicals and easily make dangerous chemicals by means of corresponding licenses. Civilian cigar production enterprises purchase dangerous chemicals that are easy to detonate with civilian production licenses.
Where a unit other than the preceding paragraph purchases highly toxic chemicals, it shall apply to the public security organ of the local people's government at the local county level for a license for the purchase of highly toxic chemicals; if it is to purchase explosive chemicals, it shall use the legal application of the unit. .
Individuals must not purchase highly toxic chemicals (other than pesticides that are highly toxic chemicals) and easily produce dangerous chemicals.
Article 39 When applying for a permit for the purchase of highly toxic chemicals, the applicant shall submit the following materials to the public security organ of the local people's government at the county level:
(1) A copy of the business license or legal person certificate (registration certificate);
(2) Description of the type and quantity of highly toxic chemicals to be purchased;
(3) instructions on the use of highly toxic chemicals;
(d) The identity of the handler.
The public security organ of the county-level people's government shall, within three days from the date of receipt of the materials specified in the preceding paragraph, make a decision of approval or disapproval. If approval is granted, a license for the purchase of highly toxic chemicals shall be issued; if it is not approved, the applicant shall be informed in writing and explain the reasons.
The measures for the administration of purchasing licenses for highly toxic chemicals shall be formulated by the public security department of the State Council.
Article 40 Hazardous chemical production enterprises and operating enterprises selling highly toxic chemicals and explosive chemicals that are easy to make and smash dangerous chemicals shall check the relevant licenses or certification documents stipulated in the first and second paragraphs of Article 38 of these Regulations. It is not allowed to sell highly toxic chemicals and easily make dangerous chemicals to units that do not have relevant licenses or supporting documents. The purchase of highly toxic chemicals from a license for the possession of highly toxic chemicals shall be sold in accordance with the variety and quantity specified in the permit.
It is forbidden to sell highly toxic chemicals (excluding pesticides belonging to highly toxic chemicals) to individuals and to make dangerous chemicals easily explosive.
Article 41. Dangerous chemical producing enterprises and operating enterprises selling highly toxic chemicals and easily explosive chemicals shall accurately record the names, addresses, names of handlers, identity card numbers, and dramas purchased. The types, quantities, and uses of poison chemicals, explosive chemicals, and explosives. The period of storage of the sales record and copy of the operator's identity certificate, the copy of the relevant license, or the supporting documents shall not be less than 1 year.
The sales companies and purchasing entities of highly toxic chemicals, explosive chemicals, and hazardous chemicals shall, within 5 days after they are sold or purchased, sell information on the types, quantities, and directions of highly toxic chemical products that are sold, purchased, and dangerous chemicals that are easily detonated. The public security organs of the county-level people's government in the place where the report was submitted were filed and entered into the computer system.
Article 42: Units that use highly toxic chemicals or chemicals that are prone to make dangerous chemicals may not lend or transfer the highly toxic chemicals they purchase, or the hazardous chemicals that are easily prepared to be explosives; they must be transferred for conversion, suspension, relocation, closure, etc. It shall transfer to the units that have the relevant licenses or the supporting documents stipulated in the first paragraph and the second paragraph of Article 38 of these regulations, and report the relevant information to the public security organs of the local people's governments at the county level in a timely manner after the transfer.
Chapter V Transportation Safety Article 43 If road transport or waterway transportation of hazardous chemicals is carried out, the road transport permit for dangerous goods and the permission for the transport of dangerous goods by water shall be obtained in accordance with the laws and administrative regulations concerning road transport and water transport respectively. And go through the registration formalities with the administrative department for industry and commerce.
Hazardous chemicals road transport enterprises and water transport enterprises shall be equipped with full-time safety management personnel.
Article 44 The driving personnel, crew, loading and unloading management personnel, escort personnel, application personnel, and container packing site inspectors of road transportation enterprises and waterway transportation enterprises of hazardous chemicals shall pass the examination and examination by the competent department of transportation and obtain the professional qualification. The specific measures shall be formulated by the competent department of transportation under the State Council.
The loading and unloading operations of hazardous chemicals shall comply with the safety operating standards, procedures and systems, and shall be conducted under the command or supervision of the loading and unloading management personnel. Container packing operations for dangerous goods transported by waterways shall be conducted under the command or supervision of the inspector of the container packing site, and shall meet the requirements and requirements for stowage and isolation; after the packing operation is completed, the inspector of the container packing site shall sign Packing certificate.
Article 45 Transport of dangerous chemicals shall be based on the hazardous characteristics of hazardous chemicals and corresponding safety protection measures shall be taken, and necessary protective equipment and emergency rescue equipment shall be provided.
Tanks and other containers used for transporting dangerous chemicals should be tightly sealed to prevent leakage, spillage and leakage of hazardous chemicals due to changes in temperature, humidity, or pressure during transportation; overflow and discharge of tanks and other containers. The pressure device should be set accurately, flexible, and flexible.
Drivers, crews, loading and unloading managers, escorts, declarers, and container-packing site inspectors who transport hazardous chemicals should be aware of the hazardous characteristics of the dangerous chemicals they are transporting and the requirements for the use of packaging and containers, and the dangers involved. Situational emergency response method.
Article 46 Where dangerous chemicals are transported by road, the shipper shall entrust an enterprise that has obtained a road transportation permit for dangerous goods to carry it.
Article 47 Where dangerous chemicals are transported through roads, hazardous chemicals shall be loaded according to the verified loading quality of the transportation vehicles, and they shall not be overloaded.
The dangerous chemicals transportation vehicles shall meet the safety and technical conditions required by the national standards, and carry out regular safety technical inspections in accordance with relevant state regulations.
Hazardous chemical transport vehicles shall hang or spray warning signs that meet the requirements of national standards.
Article 48 Where dangerous chemicals are transported through roads, escort personnel shall be provided and the dangerous chemicals they transported shall be under the supervision of the escort personnel.
If dangerous chemicals are transported during the journey due to accommodation or affect normal transportation, they need to be parked for a longer period of time. Drivers and escorts shall take appropriate safety precautions; transport highly toxic chemicals or easily explosive dangerous chemicals, It should report to the local public security agency.
Article 49 Vehicles transporting dangerous chemicals without the approval of the public security organs shall not enter the areas where restricted transportation of dangerous chemicals transport vehicles. The area where the transportation of dangerous chemicals vehicles is restricted shall be designated by the county-level public security organs of the people's government at the county level, and clear signs shall be set.
Article 50 Where a highly toxic chemical is transported by road, the shipper shall apply to the public security organ of the people's government at the place of origin or destination of the application for a permit for road transport of highly toxic chemicals.
When applying for a road transport pass for highly toxic chemicals, the shipper shall submit the following materials to the public security organ of the county-level people's government:
(1) Description of the types and quantities of highly toxic chemicals to be transported;
(b) Description of the origin, destination, time of transport and route of transport;
(3) The carrier obtains the road transport permit for dangerous goods, the transport vehicle obtains the operating certificate, and the certification documents for the driver and escort personnel to obtain the job qualification;
(4) The relevant licenses for the purchase of highly toxic chemicals as prescribed in the first paragraph and the second paragraph of Article 38 of the Regulations, or the import and export certification documents issued by the customs.
The public security organ of the county-level people's government shall, within 7 days from the date of receipt of the materials specified in the preceding paragraph, make a decision of approval or disapproval. If approval is granted, the road transportation permit for highly poisonous chemicals shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.
The measures for the management of road transport permits for highly toxic chemicals shall be formulated by the public security department of the State Council.
Article 51 If a highly toxic chemical or a readily explosive chemical is lost, stolen, robbed or diverted or leaked during road transportation, the driver and escort personnel shall immediately take appropriate warning measures and safety. Measures and report to local public security agencies. After receiving the report, the public security organ shall immediately notify the safety production supervision and administration department, the environmental protection competent department, and the competent health authority according to the actual situation. The relevant departments shall take necessary emergency measures.
Article 52 The transport of dangerous chemicals through waterways shall comply with the laws, administrative regulations, and the provisions of the State Council department in charge of transportation regarding the safety of the transport of dangerous goods by sea.
Article 53 The maritime administrative agency shall determine the relevant safe transportation conditions for shipping hazardous chemicals according to the types and hazardous characteristics of dangerous chemicals.
If the relevant safe transportation conditions for the chemicals to be delivered to the ship are not clear, it shall be evaluated by the institution certified by the State's maritime administration authority, and the relevant safe transportation conditions shall be clarified and confirmed by the maritime administrative agency before they can be delivered to the ship.
Article 54 It is forbidden to transport highly toxic chemicals through closed rivers in inland rivers and other dangerous chemicals that are prohibited by the state regulations from passing through inland rivers.
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