Regulations on safe Administration of Hazardous Chemicals The State Council's decision on amending part of the administrative regulations
Decree of The State Council of the People's Republic of China
No. 591
The Regulations on The Safety Administration of Hazardous Chemicals was amended and adopted at the 144th Executive Meeting of The State Council on February 16, 2011. The revised Regulations on the Safety Administration of Hazardous Chemicals is hereby promulgated and shall come into force as of December 1, 2011.
Premier Wen Jiabao
March 2, 2011
Regulations on the Safety Administration of Hazardous Chemicals
(Promulgated by Order No. 344 of The State Council of the People's Republic of China on January 26, 2002, and amended and adopted at the 144th Executive Meeting of The State Council on February 16, 2011)
Article 1 These Regulations are formulated for the purpose of strengthening the safety administration of hazardous chemicals, preventing and reducing accidents of hazardous chemicals, safeguarding the safety of people's lives and property and protecting the environment.
Article 2 These Regulations shall apply to the safe management of the production, storage, use, marketing and transportation of hazardous chemicals.
The disposal of abandoned hazardous chemicals shall be conducted in accordance with the relevant laws and administrative regulations on environmental protection and relevant provisions of the State.
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 or combustion-supporting and are harmful to human beings, installations and the environment.
Dangerous chemicals directory, by the supervision and administration of production safety department under the State Council jointly with the Ministry of Industry and Information Technology under the State Council, public security, environmental protection, health, quality supervision, inspection and quarantine, transportation, railways, civil aviation, the competent department of agriculture, based on the characteristics of chemical dangerous identification and classification standards to determine, publishing, and timely adjust.
Article 4 In the safe management of hazardous chemicals, the principles of safety first, prevention first and comprehensive treatment shall be adhered to, and the principal responsibilities of enterprises shall be strengthened and implemented.
The principal person-in-charge of a unit that produces, stores, uses, distributes or transports hazardous chemicals (hereinafter referred to as a unit of hazardous chemicals) shall be fully responsible for the safety administration of hazardous chemicals within his own unit.
A unit of hazardous chemicals shall have the safety conditions prescribed by laws and administrative regulations and required by national standards and trade 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 its employees. The employees shall receive education and training, and shall take up their posts after passing the examinations; For posts that are qualified, personnel who have obtained corresponding qualifications according to law shall be assigned.
Article 5 No entity or individual may produce, trade in or use any hazardous chemical that is prohibited by the State.
Where the State has restrictive provisions on the use of hazardous chemicals, no unit or individual may use hazardous chemicals in violation of such restrictive provisions.
Article 6 The relevant departments responsible for the safety supervision and administration of the production, storage, use, distribution 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:
(a) the supervision and administration of production safety department is responsible for the supervision and administration of hazardous chemical materials safety comprehensive work, organization, publish the catalogue, adjustment of dangerous chemicals, for building, rebuilding and expansion of production, storage of dangerous chemicals (including the use of long distance pipeline transportation of dangerous chemicals, the same below) for the construction of the project and examine the safety conditions, issue the hazardous chemical materials safety production license, safe use permit of dangerous chemicals and dangerous chemicals business license, and is responsible for the hazardous chemicals registration work.
(2) The public security organ shall be responsible for the public safety administration of hazardous chemicals, issue after verification the purchase license for highly toxic chemicals and the road transport permit for highly toxic chemicals, and be responsible for the road traffic safety administration of hazardous chemicals transport vehicles.
(3) the administration of quality supervision, inspection and quarantine departments responsible for the issuance of dangerous chemicals and its packing materials and containers (not including the fixed large storage tank storage of dangerous chemicals, similarly hereinafter) production enterprise of industrial products production license, and implementing supervision over the quality of its products in accordance with the law, be responsible for import and export of dangerous chemicals shall be inspected and packaging.
(4) The competent department of environmental protection administration shall be responsible for the supervision and administration of the disposal of abandoned hazardous chemicals, organize the identification of environmental hazards of hazardous chemicals and the assessment of the degree of environmental risk, determine the hazardous chemicals subject to key environmental management, and be responsible for the environmental management registration of hazardous chemicals and the environmental management registration of new chemical substances; To investigate environmental pollution accidents and ecological damage incidents related to hazardous chemicals according to the division of duties, and to be responsible for emergency environmental monitoring on the site of hazardous chemicals accidents.
(5) departments in charge of transportation of dangerous chemicals road transport, sea transport license and transportation safety management, waterway transportation safety supervise, dangerous chemical is responsible for the hazardous chemical materials road transportation enterprise, waterway transport drivers, crew, loading and unloading management, escort personnel, declaration, container packing inspector qualification on the site. The competent railway authorities shall be responsible for the safety administration of the railway transportation of hazardous chemicals, and for the qualification examination and approval of the carriers and shippers of the railway transportation of hazardous chemicals and the safety administration of the means of transport. The competent civil aviation authorities shall be responsible for the safety administration of the air transport of hazardous chemicals and the air transport enterprises and their means of transport.
(6) The competent department of public health shall be responsible for the administration of toxicity identification of hazardous chemicals, and shall be responsible for organizing and coordinating medical and health rescue work for persons injured in accidents involving hazardous chemicals.
(7) The administrative department for industry and commerce shall, on the basis of the permit certificates issued by the relevant departments, examine and issue business licenses to enterprises engaged in the production, storage, distribution and transportation of hazardous chemicals, and investigate and punish the acts of enterprises engaged in the trading of hazardous chemicals in illegally purchasing hazardous chemicals.
(8) The administrative department of postal services shall be responsible for investigating and punishing the acts of Posting and delivering hazardous chemicals according to law.
Article 7 The departments responsible for the supervision and administration of the safety of hazardous chemicals may take the following measures to conduct supervision and inspection according to law:
(1) to enter the workplaces operating hazardous chemicals to carry out on-site inspections, obtain information from relevant units and personnel, and consult and copy relevant documents and materials;
(2) to order the immediate elimination or within a time limit of elimination of the hidden dangers of any hazardous chemical accident found;
(3) to order the immediate cessation of the use of facilities, equipment, installations, apparatus and means of transport that do not conform to the provisions of laws, administrative rules and regulations or the requirements of national or trade standards;
(4) with the approval of the principal persons-in-charge of this department, seal up the places where hazardous chemicals are illegally produced, stored, used or traded, and detain the hazardous chemicals that are illegally produced, stored, used, traded or transported, as well as the raw materials, equipment and means of transport used for the illegal production, use or transportation of hazardous chemicals;
(5) to make corrections on the spot or order corrections within a time limit upon discovery of any illegal act affecting the safety of hazardous chemicals.
The departments responsible for the supervision and administration of the safety of hazardous chemicals shall conduct supervision and inspection according to law, and the supervision and inspection personnel shall not be less than two, and shall produce law enforcement certificates; The units and individuals concerned shall cooperate with and may not refuse or obstruct the supervision and inspection conducted according to law.
Article 8 The people's governments at or above the county level shall establish a coordination mechanism for the supervision and administration of the safety of hazardous chemicals, support and urge the departments responsible for the supervision and administration of the safety of hazardous chemicals to perform their duties according to law, and coordinate and solve major problems in the supervision and administration of the safety of hazardous chemicals.
The departments responsible for the supervision and administration of the safety of hazardous chemicals shall cooperate closely with each other and strengthen the supervision and administration of the safety 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 departments responsible for the supervision and administration of hazardous chemicals. The departments responsible for the supervision and administration of the safety of hazardous chemicals shall, upon receiving the report, promptly deal with it according to law; Those that do not fall within the functions and duties of the department concerned shall be promptly transferred to the relevant department for handling.
Article 10 The State shall encourage the production enterprises of hazardous chemicals and the enterprises engaging in the production of hazardous chemicals to adopt advanced technologies, processes and equipment as well as automatic control systems conducive to improving the level of safety protection, and shall encourage the special storage, unified distribution and centralized sale of hazardous chemicals.
Article 11 The State shall implement an overall planning and a 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 shall, according to their respective functions and duties, be responsible for the planning and layout of the industries involved in the production and storage of hazardous chemicals.
When organizing the formulation of urban and rural planning, local people's governments shall, in the light of the actual conditions of their respective areas and in accordance with the principle of ensuring safety, plan appropriate areas specifically for the production and storage of hazardous chemicals.
Article 12 Any newly built, rebuilt or expanded construction project for the production or storage of hazardous chemicals (hereinafter referred to as construction project) shall be examined by the supervision and administration department of production safety.
The construction entity shall demonstrate the safety conditions of the construction project, entrust an institution with the qualifications stipulated by the state to conduct safety evaluation of the construction project, and report the demonstration of safety conditions and safety evaluation to the supervision and administration department of production safety of the people's government at or above the city level divided into districts where the construction project is located; The supervision and administration department of production safety 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 supervision and administration department of production safety under The State Council.
The port administrative department shall, in accordance with the provisions of the competent communications and transport department under The State Council, examine the safety conditions for the construction projects of new construction, reconstruction, expansion, storage, loading and unloading of hazardous chemicals.
Article 13 Units that produce and store hazardous chemicals shall set up obvious marks for the pipelines of hazardous chemicals they lay, and inspect and test the pipelines of hazardous chemicals on a regular basis.
In case of any construction operation that may endanger the safety of hazardous chemicals pipelines, the construction entity shall, 7 days prior to the commencement of construction, notify the pipeline's subordinate entity in writing, and jointly formulate emergency preplans with the subordinate entity to take corresponding safety and protection measures. The pipeline units shall assign special personnel to the site to give guidance on pipeline safety protection.
Article 14 An enterprise producing hazardous chemicals shall, prior to production, obtain a license for the safe production of hazardous chemicals in accordance with the provisions of the Regulations on The License for Safe Production.
Enterprises that produce hazardous chemicals listed in the list of industrial products under the production license system of the State 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 safe production of hazardous chemicals and for the production of industrial products shall promptly notify the competent department in charge of industry and information technology, the competent department of environmental protection and the public security organ at the same level of their issuance of licenses.
Article 15 An enterprise producing hazardous chemicals shall provide a chemical safety technical specification corresponding to the hazardous chemicals it produces, and paste or tie a chemical safety label corresponding to the hazardous chemicals in the package (including the outer package). The contents specified in the technical specification for chemical safety and the chemical safety label shall meet the requirements of the national standards.
If an enterprise producing hazardous chemicals finds that the hazardous chemicals it produces have new hazardous characteristics, it shall immediately make a public announcement and promptly revise its chemical safety technical specifications and chemical safety labels.
Article 16 Enterprises that produce hazardous chemicals under key environmental administration shall, in accordance with the provisions of the competent department of environmental protection under The State Council, report to the competent department of environmental protection such relevant information as the release of such hazardous chemicals into the environment. Competent environmental protection authorities may, according to the circumstances, take corresponding environmental risk control measures.
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 trade standards.
The materials of the packages and containers of the hazardous chemicals, as well as the types, specifications, methods and the weight (weight) of each package of the hazardous chemicals shall be appropriate to the nature and use of the hazardous chemicals packaged.
Article 18 Enterprises that produce packages and containers of hazardous chemicals listed in the list of industrial products under the production license system of the State 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 packages and containers of hazardous chemicals produced by them may not leave the factory for sale until they pass the inspection conducted by the inspection institutions recognized by the department of Quality supervision, inspection and quarantine under The State Council.
Vessels transporting hazardous chemicals and their stowage containers shall be manufactured in accordance with the national standards for vessel inspection, and shall not be put into use until they have passed the inspection by the vessel inspection institution recognized by the maritime administrative organ.
For the packaging and containers of hazardous chemicals that are reused, the using unit shall inspect them before they are reused. If any hidden safety hazard is found, it shall be repaired or replaced. The use unit shall make a record of the inspection, and the record shall be kept for at least two years.
Article 19 The distances of hazardous chemicals storage facilities (except gas stations and gas filling stations for means of transport) that are installed or stored in quantities constituting major hazardous sources of hazardous chemicals shall conform to the relevant provisions of the State:
(1) residential areas, commercial centers, parks and other places with dense population;
(2) public facilities such as schools, hospitals, cinemas and theatres, stadiums and gymnasiums;
(3) drinking water sources, water plants and water source protection areas;
(4) Railway stations, wharves (except those lawfully permitted to be engaged in loading and unloading of hazardous chemicals), airports and communication trunk lines, communication hubs, railway lines, road traffic trunk lines, water transportation trunk lines, subway wind booths and the entrances and exits of subway stations;
(5) Basic farmland protection areas, basic grasslands, livestock and poultry genetic resources protection areas, large-scale livestock and poultry farms (breeding plots), fishery water areas and production bases for seeds, species of livestock and poultry and aquatic seedlings;
(6) rivers, lakes, scenic spots and historic sites, and nature reserves;
(7) Military restricted zones and military administrative zones;
(8) other sites, facilities and areas as provided for by laws and administrative regulations.
Where the existing installations for the production of hazardous chemicals or the facilities for the storage of hazardous chemicals whose quantity constitutes a major hazard source are not in conformity with the provisions of the preceding paragraph, the supervision and administration department of production safety under the people's government of a city divided into districts shall, in conjunction with other relevant departments, supervise its subordinate units to make rectification within the prescribed time limit; If it is necessary to change production, stop production, relocate or close down, the decision shall be made by the people's government at the corresponding level and the implementation shall be organized.
The location of storage facilities for hazardous chemicals whose storage quantity constitutes a major hazard source shall be avoided from seismically active faults and areas prone to floods and geological disasters.
The term "major sources of danger" as mentioned in these Regulations refers to units (including sites and facilities) that produce, store, use or handle hazardous chemicals and the quantity of such chemicals is equal to or exceeds the critical quantity.
Article 20 units that manufacture, storage of dangerous chemicals shall be according to the types of its production, storage of dangerous chemicals and dangerous features, in work sites set up corresponding monitoring, control, ventilation, sunscreen, air-conditioning, fire prevention, fire, explosion, pressure, gas, neutralization, moistureproof, lightning protection, anti-static, anti-corrosion, leakage and protective cofferdam or isolated operation safety facilities, equipment, and in accordance with the national standards, industry standards or the relevant provisions of the state of safety facilities, equipment, regular maintenance, maintenance, ensure the normal use of safety facilities and equipment.
Units that produce and store hazardous chemicals shall set up conspicuous safety warning signs at their workplaces and on their safety facilities and equipment.
Article 21 Units that produce and store hazardous chemicals shall set up communication and alarm devices at their workplaces, and ensure that they are in a suitable state.
Article 22 An enterprise that produces or stores hazardous chemicals shall entrust an institution with the qualifications prescribed by the State to carry out a safety assessment of its own conditions for safe production once every three years and submit a safety assessment report. The content of the safety evaluation report shall include the plan to rectify the problems existing in the production safety conditions.
An enterprise that produces or stores hazardous chemicals shall report for the record the safety evaluation report and the implementation of the rectification plan to the supervision and administration department of production safety of the local people's government at the county level. An enterprise that stores hazardous chemicals in a port area shall report to the port administrative department for the record the safety evaluation report and the implementation of the rectification plan.
Article 23 of the production and storage of highly toxic chemicals or the public security department under the State Council can be used to make explosives of dangerous chemicals in explosive hazardous chemicals) (hereinafter referred to as easy system unit, shall truthfully record the production, storage of highly toxic chemicals, easy system explosive hazardous chemicals, quantity, flow direction and take the necessary safety precautions, to prevent explosive dangerous chemicals toxic chemicals, easy system lost or stolen; If a highly toxic chemical or a hazardous chemical liable to make explosive is found to be lost or stolen, a report shall be made immediately to the local public security organ.
Units that produce or store highly toxic chemicals or dangerous chemicals that are prone to produce and explode shall set up public security organs 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 be managed by special persons. Highly toxic chemicals and other dangerous chemicals whose stored quantity constitutes a major hazard source shall be stored separately in a special warehouse, and a system of receiving, receiving and keeping by two persons shall be implemented.
The storage methods, methods and quantities of hazardous chemicals shall conform to state standards or relevant state provisions.
Article 25 A unit that stores hazardous chemicals shall establish a system of checking and registering the entry and exit of hazardous chemicals.
Of highly toxic chemicals and other dangerous chemicals storage amount constitute the major hazards, the number of storage units shall store it, store location and the situation of the management staff, to local production safety supervision and administration department of the people's government at the county level (stored in the port, the port administrative department) and the public security organ for the record.
Article 26 A special warehouse for hazardous chemicals shall meet the requirements of the national standards and trade standards and shall be marked clearly. Special warehouses for storing highly toxic chemicals and hazardous chemicals liable to produce explosions shall, in accordance with the relevant provisions of the State, set up corresponding technical prevention facilities.
A unit that stores hazardous chemicals shall regularly inspect and inspect the safety facilities and equipment in its special warehouse for hazardous chemicals.
Article 27 Where a unit that produces or stores hazardous chemicals changes production, stops production, stops business or disbandment, it shall take effective measures to timely and properly dispose of its hazardous chemicals production installations, storage facilities and hazardous chemicals in stock, and shall not discard hazardous chemicals; The disposal plan shall be submitted to the supervision and administration department of production safety, the competent department of industry and information technology, 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, in conjunction with the competent department of environmental protection administration and the public security organ, conduct supervision and inspection of the disposal situation.
Article 28 units that use of dangerous chemicals, the conditions of use (including process) shall be in conformity with the provisions of the laws, administrative regulations and the requirements of national standards, industry standards, and according to the types of the dangerous chemicals used, risk features and usage, and use ways, establish and improve the use of hazardous chemical materials safety management regulations and safe operating procedures, to ensure safe use of hazardous chemicals.
Article 29 Any chemical enterprise that uses hazardous chemicals in production and uses a prescribed amount of hazardous chemicals (except those enterprises producing hazardous chemicals, 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 amount of hazardous chemicals prescribed in the preceding paragraph shall be determined and promulgated by the supervisory and administrative department of safe production 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 meeting the provisions of Article 28 of these Regulations, meet the following requirements:
(1) having professional and technical personnel suitable for the hazardous chemicals used;
(2) having a safety management organization and full-time safety management personnel;
(3) having an emergency plan for a hazardous chemical accident and necessary emergency and first-aid equipment and equipment in conformity with the provisions of the State;
(4) Safety evaluation has been conducted according to law.
Article 31 A chemical enterprise that applies for a license for the safe use of hazardous chemicals shall file an application with the supervision and administration department of production safety under the people's government of a city divided into districts where it is located, and submit its certification materials that meet 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 of approval or disapproval within 45 days from the date of receiving the certifying materials. If 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 and the reasons shall be given.
The supervision and administration department of production safety shall promptly notify the competent department of environmental protection administration and the public security organ at the same level of the issuance of the license for the safe use of hazardous chemicals.
Article 32 The provisions of Article 16 of these Regulations concerning the production of hazardous chemicals subject to key environmental management shall apply to the enterprises engaged in the production of hazardous chemicals subject to key environmental management; Article 20, Article 21, paragraph 1 of Article 23 and Article 27 the provisions concerning units producing and storing hazardous chemicals shall apply to units using hazardous chemicals; Article 22 The provisions concerning enterprises that produce and store hazardous chemicals shall apply to enterprises that use hazardous chemicals in production.
Article 33 The State applies a licensing system to the management of hazardous chemicals (including warehousing management, similarly hereinafter). Without permission, no unit or individual may handle hazardous chemicals.
A lawfully established hazardous chemical production enterprise that sells the hazardous chemicals produced by it within its factory area does not need to obtain a hazardous chemical business license.
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 is not required to obtain a hazardous chemical operation license to engage in the warehousing and operation of hazardous chemicals within the port area.
Article 34 An enterprise engaging in the trading of hazardous chemicals shall meet the following requirements:
(1) There shall be a business site that meets the state standards or trade standards for storing hazardous chemicals, and storage facilities that meet the state standards or trade standards;
(2) The employees have received professional and technical training and passed the examinations;
(3) Having sound rules and regulations for safety management;
(4) having full-time security management personnel;
(5) having emergency plans for accidents involving hazardous chemicals and necessary emergency rescue equipment and equipment in conformity with the provisions of the State;
(6) other conditions prescribed by laws and regulations.
Article 35 in the highly toxic chemicals, easy system of dangerous chemicals business, shall be submitted to the local districts municipal people's government of the supervision and administration of production safety department, engaged in other dangerous chemicals business, to the local people's government at the county level shall be the supervision and administration of production safety department apply (storage facilities shall be to the local districts municipal people's government of the supervision and administration of production safety departments apply). The applicant shall submit the supporting materials that meet the requirements set forth in Article 34 of these Regulations. The supervision and administration department of production safety of the people's government at the city level divided into districts or the people's government at the county level shall conduct examination according to law and conduct on-site verification of the business premises and storage facilities of the applicant, and make a decision of approval or disapproval within 30 days from the date of receipt of the certifying materials. If approved, a license for the operation of hazardous chemicals shall be issued; If the application is not approved, the applicant shall be notified in writing and the reasons shall be given.
The supervision and administration department of production safety of the people's government at the city level divided into districts and the supervision and administration department of production safety of the people's government at the county level shall promptly notify the competent environmental protection department and the public security organ at the same level of the issuance of the license for the operation of hazardous chemicals.
The applicant may not engage in the trading activities of hazardous chemicals until he/she has gone through the registration formalities with the administrative department for industry and commerce by presenting the trading license for hazardous chemicals. Where the sale of hazardous chemicals as prescribed by laws, administrative regulations or The State Council requires the permission of other relevant departments, the applicant shall also present the corresponding license when going through the registration formalities with the administrative department for industry and commerce.
Article 36 Any hazardous chemical trading enterprise that stores hazardous chemicals shall abide by the provisions of Chapter II of these Regulations on the storage of hazardous chemicals. Hazardous chemicals stores can only store hazardous chemicals in small packages for civilian use.
Article 37 A hazardous chemical trading enterprise may not purchase hazardous chemicals from an enterprise engaged in the production or trading of hazardous chemicals without permission, and may not engage in the trading of hazardous chemicals without chemical safety technical specifications or chemical safety labels.
Article 38 Enterprises that have obtained licenses for the safe production, safe use and operation of hazardous chemicals according to law shall purchase highly toxic chemicals and hazardous chemicals that are prone to produce explosions with corresponding licenses. Enterprises producing civil explosive articles purchase hazardous chemicals liable to produce explosion with the production license of civil explosive articles.
Units other than those mentioned 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 of highly toxic chemicals; Those who purchase hazardous chemicals liable to produce explosive shall present the statement of legal use issued by the entity concerned.
Individuals shall not purchase highly toxic chemicals (except pesticides belonging to the category of highly toxic chemicals) and dangerous chemicals that are prone to produce explosions.
Article 39 In applying for the 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) a copy of the business license or the legal person certificate (registration certificate);
(2) description of the type and quantity of highly toxic chemicals to be purchased;
(3) a description of the use of purchasing highly toxic chemicals;
(4) The identity certificate of the handler.
The public security organ of the people's government at the county level shall, within 3 days from the date of receipt of the materials specified in the preceding paragraph, make a decision on approval or disapproval. If approved, a license for the purchase of highly toxic chemicals shall be issued; If the application is not approved, the applicant shall be notified in writing and the reasons shall be given.
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 the dangerous chemical production enterprises, trading enterprises sale of dangerous chemicals, highly toxic chemicals, easy system shall examine the regulations set forth in paragraph 2 of article 38 (1), the relevant certificates or documents, can not to do not have relevant certificates or documents of unit sales of highly toxic chemicals, easy system of dangerous chemicals. Those who purchase highly toxic chemicals with purchase licenses shall sell them according to the types and quantities specified in the licenses.
The sale to individuals of highly toxic chemicals (except pesticides belonging to the category of highly toxic chemicals) and hazardous chemicals liable to produce explosions are prohibited.
Article 41 When an enterprise producing or distributing hazardous chemicals sells highly toxic chemicals or hazardous chemicals liable to produce and produce explosive, it shall truthfully record the name and address of the purchasing entity, the name and id number of the handling person, as well as the type, quantity and use of the highly toxic chemicals or hazardous chemicals liable to produce and produce explosive. Copies of the sales records and the identity certificates of the handlers, copies of the relevant license certificates or certification documents shall be kept for at least one year.
The selling enterprises and purchasing units of highly toxic chemicals and hazardous chemicals liable to produce explosive shall, within 5 days after the sale or purchase, report to the public security organ of the local people's government at the county level for the record the type, quantity and flow direction of the highly toxic chemicals and hazardous chemicals liable to produce explosive, and input the information into the computer system.
Article 42 Units that use highly toxic chemicals or chemicals liable to produce explosive shall not lend or transfer the highly toxic chemicals or chemicals liable to produce explosive; Where a transfer is really necessary due to a change of production, suspension of production, relocation or closure, it shall transfer the transfer to the unit with the relevant license or certification documents prescribed in paragraphs 1 and 2 of Article 38 of these Regulations, and report the relevant situation to the public security organ of the local people's government at the county level in a timely manner after the transfer.
Article 43 Any person engaged in road transportation or water transportation of hazardous chemicals shall, in accordance with the relevant laws and administrative regulations on road transportation and water transportation, obtain a road transportation license for dangerous goods or a water transportation license for dangerous goods, and go through the registration formalities with the administrative department for industry and commerce.
Road and water transport enterprises of hazardous chemicals shall have full-time safety management personnel.
Article 44 The drivers, crew members, management personnel in charge of loading and unloading, escort personnel, declaration personnel and on-site inspector of container loading of a road transport enterprise or waterway transport enterprise of hazardous chemicals shall pass the examination by the competent department of communications and transport and obtain the qualification for practice. Specific measures shall be formulated by the competent department of transport under The State Council.
The loading and unloading operations of hazardous chemicals shall comply with the standards, rules and regulations for safe operation, and shall be conducted under the on-site command or supervision of the loading and unloading management personnel. Container loading operations for the transportation of hazardous chemicals by water shall be conducted under the command or supervision of the inspector on the site of container loading, and shall conform to the regulations and requirements for stowage and isolation; Upon completion of the packing operation, the inspector at the container loading site shall sign the packing certificate.
Article 45 In transporting hazardous chemicals, appropriate safety and protection measures shall be taken according to the hazardous characteristics of hazardous chemicals, and necessary protective articles and emergency and first-aid equipment shall be equipped.
Tanks and other containers used for the transportation of hazardous chemicals shall be tightly sealed to prevent leakage or leakage of hazardous chemicals due to changes in temperature, humidity or pressure during the transportation; Overflow and pressure relief devices for tanks and other vessels shall be provided with accuracy and flexible opening and closing.
Drivers, crew members, loading and unloading management personnel, escort personnel, declaration personnel, and on-site inspection personnel of container loading and unloading of hazardous chemicals shall understand the hazardous characteristics of the hazardous chemicals transported, the use requirements of their packaging and containers, and the emergency disposal methods in case of dangerous situations.
Article 46 If a dangerous chemical is transported by road, the consignor shall entrust an enterprise that has obtained the road transport license for dangerous goods according to law to carry the chemical.
Article 47 When a hazardous chemical is transported by road, it shall be loaded with the hazardous chemical according to the approved weight of the transport vehicle, and no overload of the vehicle shall be allowed.
The transport vehicles for hazardous chemicals shall meet the safety and technical conditions required by the state standards and shall undergo safety and technical inspection regularly in accordance with the relevant provisions of the State.
Hazardous chemical transport vehicles shall be hung or sprayed with warning marks conforming to the requirements of national standards.
Article 48 The transport of hazardous chemicals by road shall be provided with escort personnel, and the transport of hazardous chemicals shall be guaranteed to be under the supervision and control of the escort personnel.
If the transportation of hazardous chemicals needs to be stopped for a long time due to accommodation or circumstances affecting the normal transportation, the driver and escort personnel shall take corresponding safety precautions; Transportation of highly toxic chemicals or hazardous chemicals liable to produce explosives 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 vehicles transporting hazardous chemicals. 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 shall set up conspicuous signs.
Article 50 If a highly toxic chemical is transported by road, the consignor shall apply to the public security organ of the people's government at the county level at the place of origin or destination for the transportation of the highly toxic chemical.
In applying for a road transport permit for highly toxic chemicals, the consigner 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) a description of the place of origin, destination, time and route of transportation;
(3) documents certifying that the carrier has obtained the road transport permit for dangerous goods, the transport vehicle has obtained the operation certificate, and the drivers and escorts have obtained the post qualification;
(4) The relevant license for the purchase of highly toxic chemicals as stipulated in Paragraphs 1 and 2 of Article 38 of these Regulations, or the import and export certificate 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 receipt of the materials specified in the preceding paragraph, make a decision on approval or disapproval. 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 and the reasons shall be given.
The 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 In case of loss, theft, robbery or dispersal or leakage of highly toxic chemicals or hazardous chemicals liable to make explosion during road transportation, drivers and escorts shall immediately take corresponding warning measures and safety measures and report to the local public security organ. Upon receipt of the report, the public security organ shall, in light of the actual situation, immediately notify the supervision and administration department of production safety, the competent department of environmental protection administration and the competent department of public health. The departments concerned shall take necessary emergency measures.
Article 52 Anyone who transports hazardous chemicals by water shall abide by the laws, administrative regulations and the provisions of the competent department of communications and transport under The State Council on the safety of waterway transportation of dangerous goods.
Article 53 The maritime administrative organ 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 conditions for safe transportation of the chemicals to be delivered to the ship are not clear, the chemical shall be delivered to the ship for transportation only after being evaluated by the institution recognized by the state maritime administrative agency, and the relevant conditions for safe transportation shall be clarified and confirmed by the maritime administrative agency.
Article 54 It is prohibited to transport highly toxic chemicals through closed waters of inland rivers or other hazardous chemicals that are prohibited by the State from transport through inland rivers.
The transport of highly toxic chemicals and other hazardous chemicals which are prohibited by the State from transport in inland river waters other than those specified in the preceding paragraph shall be prohibited.
Prohibited by inland waterway transportation of highly toxic chemicals and other dangerous chemicals range, by the department in charge of transportation under the State Council in conjunction with the competent department of environmental protection under the State Council and the competent department of industry and information technology, the supervision and administration of production safety department, according to the danger of hazardous chemicals characteristics, dangerous chemicals on the human body and the harm of water environment and eliminate the harmful consequences of factors such as ease rules and published.
Article 55 departments in charge of transportation under the State Council shall, according to the danger of hazardous chemicals characteristics, the outside through the inland water transport of article 54 of these regulations of dangerous chemicals (hereinafter referred to as by inland waterway transportation of dangerous chemicals) to the categorized management, to each kind of mode of transportation of dangerous chemicals, packaging specification and safety protection measures, regulations, and supervise the implementation.
Article 56 The transport of hazardous chemicals through inland rivers shall be undertaken by the waterway transport enterprise which has obtained the waterway transport license for dangerous goods according to law; no other unit or individual may undertake the transport. A consignor shall entrust a waterway transport enterprise which has obtained a waterway transport license for dangerous goods according to law to undertake the transport, and shall not entrust any other unit or individual to undertake the transport.
Article 57 The transport of hazardous chemicals through inland rivers shall use the transport vessel that has legally obtained a certificate of fitness for loading of dangerous goods. A waterway transport enterprise shall, in view of the hazardous characteristics of the hazardous chemicals to be transported, formulate emergency and rescue preplans for accidents involving hazardous chemicals on ships, and equip the shipping vessels with adequate and effective emergency and rescue equipment and equipment.
The owners or managers of vessels transporting hazardous chemicals on inland rivers shall obtain a certificate of pollution damage liability insurance or a certificate of financial guarantee. A copy of the pollution damage liability insurance certificate or financial guarantee certificate shall be carried along with the ship.
Article 58 The materials, types, strengths and packing methods of the packages of hazardous chemicals transported by inland rivers shall conform to the requirements of the packing specifications for the transportation of hazardous chemicals by water. Where the competent department of transport under The State Council has restrictive provisions on the quantity of hazardous chemicals to be transported by a single vessel, the carrier shall arrange the transport quantity in accordance with the provisions.
Article 59 Inland river wharves and berths used for the transportation of hazardous chemicals shall conform to the relevant safety standards of the State and shall keep a distance from the intake of drinking water as prescribed by the State. The relevant management units shall work out emergency preplans for hazardous chemical accidents at wharves and berths, and provide the wharves and berths with adequate and effective emergency and rescue equipment and equipment.
Inland river wharves and berths used for the transport of hazardous chemicals may not be put into use until they have passed the acceptance inspection by the competent department of transport in accordance with the relevant provisions of the State.
Article 60 When a ship carries hazardous chemicals into or out of inland river ports, it shall report to the maritime administrative organ in advance such matters as the name, hazardous characteristics, packaging, arrival and departure time of the hazardous chemicals. Upon receipt of the report, the maritime administrative organ shall, within the time limit prescribed by the competent transport department under The State Council, make a decision on consent, notify the informer and circulate a notice to the port administrative department at the same time. Vessels that have ordered ships, routes or types of goods may report periodically.
In handling and transferring hazardous chemicals at inland river ports, the name, hazardous characteristics, packing, time and place of operation of hazardous chemicals shall be reported to the port administrative department. Upon receipt of the report, the port administrative department shall, within the time limit prescribed by the competent transport department under The State Council, make a decision on whether to agree or not, notify the informeditator and notify the maritime administrative organ at the same time.
If a vessel carrying hazardous chemicals passes through a building on a inland river, it shall report to the competent department of communications and transport in advance and accept its administration.
Article 61 When a ship carrying hazardous chemicals is navigating, loading, unloading or berthing on a inland river, it shall hang special warning signs and display special signals in accordance with regulations.
If a vessel carrying hazardous chemicals needs pilotage in accordance with the provisions of the competent department of communications and transport under The State Council, it shall apply for pilotage.
Article 62 Vessels carrying hazardous chemicals shall, when sailing on inland rivers, abide by laws, administrative regulations and other state provisions concerning the protection of drinking water sources. The development plans of inland river channels shall be coordinated with the plans for demarcating protection areas for drinking water sources approved according to law.
Article 63 In consigning a dangerous chemical, the consignor shall explain to the carrier the type, quantity, hazardous characteristics and emergency measures for handling the dangerous chemical in case of danger, properly package the dangerous chemical in accordance with the relevant provisions of the State, and put corresponding marks on the outer package.
Where it is necessary to add inhibitors or stabilizers to the transport of hazardous chemicals, the consignor shall add them and inform the carrier of the relevant information.
Article 64 The consignor shall not include hazardous chemicals in the consignment of ordinary goods, nor shall he anonymously report or falsely report such chemicals as the consignment of ordinary goods.
No unit or individual may hand in or post hazardous chemicals, or include hazardous chemicals in postal materials or express mail items, or anonymously report or falsely report hazardous chemicals as ordinary articles. Postal enterprises and express delivery enterprises shall not accept or mail hazardous chemicals.
For those suspected of violating the provisions of the first and second paragraphs of this article, the competent department of transport and the administrative department of postal services may open the door for inspection according to law.
Article 65 The safety management of hazardous chemicals in railway and air transport shall be governed by the relevant laws, administrative regulations and rules on railway and air transport.
Article 66 The State implements a registration system for hazardous chemicals to provide technical and information support for the safe management of hazardous chemicals as well as for the prevention and emergency rescue of accidents involving hazardous chemicals.
Article 67 An enterprise producing or importing hazardous chemicals shall go through the registration of 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 organ in charge of the registration of hazardous chemicals).
The registration of hazardous chemicals includes the following:
(1) Classification and label information;
(2) physical and chemical properties;
(3) Main uses;
(4) hazard characteristics;
(5) safety requirements for storage, use and transportation;
(6) Emergency measures for handling dangerous situations.
The same type of hazardous chemicals produced or imported by the same enterprise shall not be repeatedly registered. If an enterprise producing or importing hazardous chemicals finds that the hazardous chemicals it produces or imports have new hazardous characteristics, it shall promptly go through the procedures for changing the registration contents with the hazardous chemicals registration organ.
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 Registration institutions for hazardous chemicals shall regularly provide relevant information and materials for registration of hazardous chemicals to the departments of industry and information technology, environmental protection, public security, public health, communications and transport, railways, quality supervision, inspection and quarantine, etc.
Article sixty-nine local people's governments at or above the county level of production safety supervision and administration department shall, jointly with the Ministry of Industry and Information Technology, environmental protection, public security, public health, transportation, railways, quality supervision, inspection and quarantine departments, according to the actual situation in this region, make dangerous chemical accident emergency plan, submitted to the people's government at the corresponding level for approval.
Article 70 Units of hazardous chemicals shall formulate emergency preplans for accidents involving hazardous chemicals, equip themselves with emergency rescue personnel and necessary emergency rescue equipment and equipment, and organize regular drills for emergency rescue.
An entity of hazardous chemicals shall report its emergency preplan for an accident of hazardous chemicals to the supervision and administration department of production safety of the people's government divided into districts where it is located for the record.
Article 71 In the event of a hazardous chemical accident, the principal person in charge of the accident entity shall immediately organize rescue efforts in accordance with the emergency preplan for hazardous chemicals of the entity concerned, and report to the local supervision and administration department of production safety and the competent departments of environmental protection, public security and public health; Where an accident of hazardous chemicals occurs in the course of road or water transportation, the driving personnel, crew members or escort personnel shall also report to the competent department of transportation in the place where the accident occurs.
Article 72 In the event of a hazardous chemical accident, the local people's government concerned shall immediately organize the supervision and administration of production safety, environmental protection, public security, public health, transportation and other relevant departments to organize and implement rescue and relief according to the emergency preplan for the hazardous chemical accident in their respective areas, and shall not delay or prevarication.
The local people's government concerned and its departments concerned shall, in accordance with the following provisions, take necessary emergency measures to reduce the losses caused by the accident and prevent the spread and expansion of the accident:
(1) to immediately organize the rescue and treatment of the victims, evacuate or evacuate or take other measures to protect other persons in the area of harm;
(2) to promptly control the source of hazards and determine the nature of the hazardous chemicals, the hazardous area of the accident and the extent of the hazard;
(3) To promptly take such measures as sealing, isolating and deconsolidation in view of the actual and possible hazards to human beings, animals and plants, soil, water sources and the atmosphere caused by the accident;
(4) To monitor and assess the situation of environmental pollution and ecological damage caused by accidents involving hazardous chemicals, and take corresponding measures for the treatment of environmental pollution and ecological remediation.
Article 73 The entities concerned with hazardous chemicals shall provide technical guidance and necessary assistance for emergency rescue of accidents involving hazardous chemicals.
Article 74 Where a hazardous chemical accident causes environmental pollution, the competent environmental protection administrations of the people's governments at or above the city level divided into districts shall issue relevant information in a unified manner.
Article 75 Whoever produces, markets or uses the hazardous chemicals which are prohibited by the State from production, marketing or use shall be ordered to stop the production, marketing or use activities by the supervision and administration department of production safety and imposed a fine of not less than 200,000 yuan but not more than 500,000 yuan, and his illegal income, if any, shall be confiscated. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
If any person commits any of the acts prescribed in the preceding paragraph, the supervision and administration department of production safety shall also order him to conduct harmless treatment of the hazardous chemicals produced, traded or used by him.
Those who use hazardous chemicals in violation of the restrictive provisions of the State 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 or storage of hazardous chemicals is built, rebuilt or expanded without the examination of safety conditions, 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 correct within the time limit, it shall be fined not less than 500,000 yuan but not more than 1 million yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Whoever builds, rebuilds, expands, stores, loads and loads hazardous chemicals at a port without the examination of safety conditions shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph.
Article seventy-seven not made in accordance with the hazardous chemical materials safety production license for dangerous chemicals production, or not made in accordance with the industrial products production permit of dangerous chemicals and its packaging, container production, respectively, in accordance with the regulations on the safety production license, the industrial products production license of the People's Republic of China regulations on the administration of the provisions of punishment.
Where any chemical enterprise, in violation of the provisions of these Regulations, uses hazardous chemicals for production without obtaining a license for the safe use of hazardous chemicals, the supervision and administration department of safe production shall order it to make corrections within a time limit and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan; If it fails to make corrections within the time limit, it shall be ordered to stop production for rectification.
Those who, in violation of the provisions of these Regulations, engage in the distribution of hazardous chemicals without obtaining the hazardous chemical distribution license, shall be ordered by the supervision and administration department of safe production to stop their business activities, have their illegal hazardous chemicals and their illegal income confiscated, and be concurrently fined not less than 100,000 yuan but not more than 200,000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 78 Whoever commits any of the following acts shall be ordered by the supervision and administration department of production safety to make corrections and may be imposed a fine of not more than 50,000 yuan; If he refuses to make corrections, he shall be fined not less than 50,000 yuan but not more than 100,000 yuan; If the circumstances are serious, it shall be ordered to suspend production or business for rectification:
(1) failing to set up obvious marks for the pipelines of hazardous chemicals laid by the units producing and storing hazardous chemicals, or failing to conduct regular inspection and testing of the pipelines of hazardous chemicals;
(2) would endanger the safety of dangerous chemical pipeline construction, the construction unit is not in accordance with the provisions of a written notification unit pipeline belongs to, and pipe belongs to the unit or common contingency plans, take corresponding safety protection measures, or the unit did not assign special personnel to the scene of pipeline safety guidance;
(3) enterprises producing hazardous chemicals fail to provide technical specifications for chemical safety, or fail to paste or attach chemical safety labels on packages (including outer packages);
(4) of dangerous chemicals production enterprise provides chemical safety specifications and production of dangerous chemicals is not consistent, or in the packaging (including packaging) paste, fastened chemical safety labels and packaging of dangerous chemicals is not consistent, or chemical safety specifications, chemicals in the security label content is not in conformity with the requirement of national standard;
(5) an enterprise producing hazardous chemicals does not immediately announce the new hazardous characteristics of the hazardous chemicals it produces, or does not promptly revise its chemical safety technical specifications and chemical safety labels;
(6) hazardous chemicals trading enterprises dealing in hazardous chemicals without chemical safety technical specifications or chemical safety labels;
(7) the packing materials and containers of hazardous chemicals, as well as the types, specifications, methods and the weight (weight) of each piece are not suitable for the nature and use of the hazardous chemicals packaged;
(8) failing to set up obvious safety warning signs at the workplaces and safety facilities and equipment by the entities producing and storing hazardous chemicals, or failing to set up communication and alarm devices at the workplaces;
(9) there is no designated person in charge of the special warehouse for hazardous chemicals, or the system of receiving, receiving and keeping two persons is not implemented for the highly toxic chemicals in storage and other hazardous chemicals whose stored quantity constitutes a major hazard source;
(10) a unit storing hazardous chemicals fails to establish a system for checking and registering the entry and exit of hazardous chemicals;
(11) the special warehouse for hazardous chemicals is not clearly marked;
(12) failing to register hazardous chemicals by an enterprise producing or importing hazardous chemicals, or failing to go through the formalities for changing the registration contents of hazardous chemicals after discovering that the hazardous chemicals produced or imported by the enterprise have new hazardous characteristics.
Any port operator engaging in the warehousing and storage of hazardous chemicals in the circumstances prescribed in the preceding paragraph shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph. Where a special warehouse for storing highly toxic chemicals or hazardous chemicals liable to produce explosives fails to set up corresponding technical prevention facilities in accordance with the relevant provisions of the State, the public security organ shall punish it in accordance with the provisions of the preceding paragraph.
Where an entity that produces or stores highly toxic chemicals or hazardous chemicals liable to produce and explode has no public security organ or full-time security personnel, it shall be punished in accordance with the Provisions of the Regulations on Internal Security of Enterprises and Institutions.
Article 79 Where an enterprise producing packages or containers of hazardous chemicals sells the packages or containers of hazardous chemicals that have not been inspected or have failed to pass inspection, the department of quality supervision, inspection and quarantine shall order it to make corrections, impose a fine of not less than 100,000 yuan but not more than 200,000 yuan, and confiscate its illegal gains if any. If it refuses to make corrections, it shall be ordered to suspend production or business for rectification; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Whoever puts into use a ship carrying hazardous chemicals and its stowage containers that have not passed inspection shall be punished by the maritime administrative organ in accordance with the provisions of the preceding paragraph.
Article 80 Any entity that produces, stores or uses hazardous chemicals under any of the following circumstances shall be ordered by the supervision and administration department of production safety to make corrections and be imposed a fine of not less than 50,000 yuan but not more than 100,000 yuan; If they refuse to make corrections, they shall be ordered to stop production or business for rectification until the original license-issuing organs revoke their relevant license, and the administrative department for industry and commerce shall order them to go through the registration of change of business scope or revoke their business license; If the relevant responsible person constitutes a crime, he shall be investigated for criminal responsibility according to law:
(1) failing to inspect the packages and containers of hazardous chemicals for repeated use before their reuse;
(2) failing to set up relevant safety facilities and equipment at work sites according to the types and dangerous characteristics of the hazardous chemicals produced or stored therein, or failing to carry out regular maintenance or maintenance of safety facilities and equipment in accordance with national standards, trade standards or relevant state regulations;
(3) failing to make regular safety evaluations of 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 whose stored quantity constitutes a major hazard source in a special warehouse;
(5) The mode, method or quantity of storage of hazardous chemicals does not conform to the state standards or the relevant provisions of the State;
(6) The special warehouse for hazardous chemicals does not meet the requirements of the national standards or industrial standards;
(7) failing to regularly test and inspect the safety facilities and equipment of the special warehouse for hazardous chemicals.
Any port operator engaging in the warehousing and storage of hazardous chemicals in the circumstances prescribed in the preceding paragraph shall be punished by the port administrative department in accordance with the provisions of the preceding paragraph.
Article 81 In any of the following circumstances, the public security organ shall order it to make corrections and may impose a fine of not more than 10,000 yuan on it; If he refuses to make corrections, he shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan:
(1) entities that produce, store or use highly toxic chemicals or hazardous chemicals liable to produce and produce explosive do not truthfully record the quantity and direction of the highly toxic chemicals or hazardous chemicals liable to produce and produce explosive;
(2) failing to immediately report to the public security organ the loss or theft of highly toxic chemicals or hazardous chemicals which are prone to produce, store or use;
(3) failing to report to the public security organ of the local people's government at the county level the quantity, place and personnel in charge of the storage of highly toxic chemicals;
(4) of dangerous chemicals production enterprises, trading enterprises not truthfully record explosive dangerous chemicals to buy toxic chemicals, easy system unit name, address, attn name, id card number and purchased by detonation of highly toxic chemicals, easy system of dangerous chemicals of varieties, amount, purpose, or save the sales records and related materials less than 1 year;
(5) failing to report to the public security organ of the local people's government at the county level the type, quantity and flow information of the highly toxic chemicals or hazardous chemicals liable to produce explosion within the prescribed time limit for the record by the selling enterprise or buying entity;
(6) Failing to report to the public security organ of the local people's government at the county level the situation of a unit that uses highly toxic chemicals or hazardous chemicals liable to produce explosive according to the provisions of these Regulations to transfer the highly toxic chemicals or hazardous chemicals liable to produce explosive.
Production, storage of dangerous chemicals or use of dangerous chemicals is engaged in the production of enterprises is not in accordance with the regulations will be safety evaluation report and improvement scheme to carry out the situation to the supervision and administration of production safety or the port administrative departments for the record, or storage of dangerous chemicals unit without its highly toxic chemicals and other dangerous chemicals storage amount constitute the major hazards of storage quantity, storage area and the situation of the management personnel to the supervision and administration of production safety department or the port administrative department for the record, respectively by the safe production supervision and administration department or the port administrative department shall impose penalties in accordance with the provisions of the preceding paragraph.
Where an enterprise producing hazardous chemicals subject to key environmental administration or an enterprise engaging in the production of hazardous chemicals subject to key environmental administration fails to report relevant information to the competent environmental protection authorities in accordance with relevant provisions, the competent environmental protection authorities shall punish it in accordance with the provisions of the first paragraph of this Article.
Article eighty-two the unit of production, storage and use of dangerous chemicals production, production, suspension or dissolution, did not take effective measures in a timely and proper disposal of the hazardous chemical production equipment, storage facilities and the inventory of dangerous chemicals, or discarded dangerous chemicals, the production safety supervision and management department shall be ordered to correct and be fined 50000 yuan and 100000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Where an entity that produces, stores or uses hazardous chemicals changes production, stops production, suspends business or discharges, fails to report to the relevant department for the record its production installations and storage facilities for hazardous chemicals and its disposal plans for the stocks of hazardous chemicals in accordance with the provisions of these Regulations, the relevant department shall order it to make corrections, and may impose a fine of not more than RMB 10,000 yuan. If he refuses to make corrections, he shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan.
Article 83 Where an enterprise dealing in hazardous chemicals purchases hazardous chemicals from an enterprise illegally engaging in the production and trading 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 100,000 yuan but not more than 200,000 yuan; Refuse to correct, ordered to stop business rectification until the original license issuing machine
