Hazardous Chemicals Safety Management Regulations

Chapter I General Provisions

Article 1 These Regulations are formulated in order to strengthen the safety management of hazardous chemicals, safeguard people's lives, property and protect the environment.

Article 2 The production, operation, storage, transportation, use and disposal of hazardous chemicals in the territory of the People's Republic of China must comply with the provisions of these Regulations and the State's laws on safety production and other administrative regulations.

Article 3 The hazardous chemicals referred to in these Regulations include explosives, compressed and liquefied gases, flammable liquids, flammable solids, pyrophoric materials and wet combustibles, oxidants and organic peroxides, and drugs and corrosives. Wait.

Hazardous chemicals are listed in the "Dangerous Goods Name List" (GB12268) published by the national standards; the list of highly toxic chemicals and other dangerous chemicals not listed in the "Dangerous Goods Name List" are coordinated by the State Council's Economic and Trade Comprehensive Management Department and the State Council. Public security, environmental protection, health, quality inspection, and transportation departments are determined and announced.

Article 4 The units responsible for the production, operation, storage, transportation, use of hazardous chemicals and disposal of hazardous chemicals (hereinafter collectively referred to as hazardous chemicals units) shall be responsible for ensuring that the safety management of hazardous chemicals in their own units complies with relevant laws and regulations. Regulations, regulations and national standards, and responsible for the safety of hazardous chemicals in this unit.

Personnel involved in the production, operation, storage, transportation, use of hazardous chemicals or disposal of hazardous chemicals in hazardous chemicals units must accept relevant laws, regulations, rules and safety knowledge, professional skills, occupational health protection and emergency rescue knowledge. Training, and passing the examination, can only be on the job.

Article 5 The relevant departments that implement the supervision and management of the production, operation, storage, transportation, use and disposal of hazardous chemicals for hazardous chemicals shall perform their duties in accordance with the following provisions:

(1) The economic and trade administrative department of the State Council and the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the comprehensive supervision and management of hazardous chemicals safety, and shall be responsible for the establishment and reconstruction of hazardous chemicals production and storage enterprises in accordance with the provisions of these Regulations. The review of the expansion, responsible for the review and designation of professional manufacturers of dangerous chemicals packaging, containers (including tanks for transportation vehicles, the same below), responsible for the issuance of dangerous chemicals business licenses, responsible for domestic hazardous chemicals Registration, responsible for the organization and coordination of emergency rescue of hazardous chemicals accidents, and responsible for the supervision and inspection of the above matters; the departments of the municipal people's government and the county-level people's government responsible for the comprehensive supervision and management of hazardous chemicals shall be responsible for The people's government at the level determines that they perform their duties in accordance with the provisions of these Regulations.

(2) The public security department is responsible for the public safety management of hazardous chemicals, is responsible for issuing purchase certificates and quasi-purchase certificates for highly toxic chemicals, and is responsible for reviewing the road transport permits for the release of highly toxic chemicals, supervising the road transport safety of hazardous chemicals, and is responsible for Supervision and inspection of the aforementioned matters.

(3) The quality inspection department is responsible for issuing production licenses for dangerous chemicals and their packaging materials and containers, and is responsible for supervising the quality of dangerous chemicals packaging materials and containers, and is responsible for the supervision and inspection of the above matters.

(4) The environmental protection department is responsible for the supervision and management of the disposal of discarded hazardous chemicals, is responsible for investigating major hazardous chemical pollution accidents and ecological damage incidents, is responsible for the emergency monitoring of toxic chemical accident sites and the registration of imported dangerous chemicals, and is responsible for the above matters. Supervised inspection.

(5) The railway and civil aviation departments are responsible for the safety management, supervision and inspection of dangerous chemicals railways, air transport and dangerous chemicals railways, civil aviation transport units and their means of transport. The transportation department is responsible for the safety management of dangerous chemicals roads, water transport units and their means of transport, supervising the safety of dangerous chemicals in waterway transportation, and is responsible for dangerous chemicals roads, water transport units, drivers, crew, loading and unloading personnel and escorts. Qualification identification, and is responsible for the supervision and inspection of the above matters.

(6) The health administrative department is responsible for the toxicity identification of hazardous chemicals and the medical rescue work for casualties of dangerous chemicals accidents.

(7) The administrative department for industry and commerce shall, in accordance with the approval and licensing documents of the relevant departments, issue business licenses for the production, operation, storage and transportation of hazardous chemicals, and supervise and manage the market operations of hazardous chemicals.

(8) The postal department is responsible for the supervision and inspection of dangerous chemicals by mail.

Article 6 The relevant departments that implement supervision and management of hazardous chemical units in accordance with these Regulations shall conduct supervision and inspection according to law, and may exercise the following powers:

(1) Entering the hazardous chemicals workplace for on-site inspection, collecting relevant information, understanding the situation with relevant personnel, and proposing rectification measures and recommendations to the hazardous chemicals unit;

(2) When discovering a hidden danger of a dangerous chemical accident, order it to be immediately excluded or excluded within a time limit;

(3) Ordering to immediately stop using the facilities, equipment, equipment and means of transport that are deemed to be inconsistent with the relevant laws, regulations, rules and regulations and national standards;

(4) Finding illegal acts, correcting them on the spot or ordering corrections within a time limit.

The units of dangerous chemicals shall accept the supervision and inspection carried out by the relevant departments according to law, and shall not refuse or obstruct them.

When the staff dispatched by the relevant departments conducts supervision and inspection according to law, they shall show their credentials.

Chapter II Production, Storage and Use of Hazardous Chemicals

Article 7 The State shall implement unified planning, rational distribution and strict control of the production and storage of hazardous chemicals, and implement an examination and approval system for the production and storage of hazardous chemicals; no unit or individual may produce or store dangerous chemicals without approval. .

According to the actual needs of the local economic development, the municipal people's government of the district shall, in the preparation of the overall plan, plan the appropriate areas for the production and storage of hazardous chemicals in accordance with the principle of ensuring safety.

Article 8 Enterprises engaged in the production and storage of hazardous chemicals must meet the following conditions:

(1) There are production processes, equipment or storage methods and facilities that conform to national standards;

(2) The surrounding protection distance of factories and warehouses conforms to national standards or relevant national regulations;

(3) Having management personnel and technical personnel who meet the production or storage needs;

(4) having a sound safety management system;

(5) Other conditions that meet the requirements of laws, regulations and national standards.

Article 9 The establishment of enterprises producing and storing highly toxic chemicals and other dangerous chemical production and storage enterprises shall be responsible for the safety supervision of dangerous chemicals to the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the municipal people's governments at the districts. The department that manages the integrated work submits an application and submits the following documents:

(1) Feasibility study report;

(2) Physical and chemical performance indexes such as ignition point, spontaneous ignition point, flash point, explosion limit and toxicity of raw materials, intermediate products, final products or stored hazardous chemicals;

(3) Technical requirements for packaging, storage and transportation;

(4) Safety evaluation report;

(5) Accident emergency rescue measures;

(6) Documents certifying the conditions stipulated in Article 8 of these Regulations.

The departments of the province, autonomous region, and municipality directly under the central government's economic and trade administrative department or the district-level people's government responsible for the comprehensive supervision and management of hazardous chemicals shall, after receiving the documents submitted and submitted, submit relevant experts for review and submit the review opinions. To report to the people's government at the same level for approval or disapproval. In accordance with the decision of the people's government at the same level, the approval shall be issued by the economic and trade administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government or the municipal competent government of the district responsible for the comprehensive supervision and management of hazardous chemicals; no approval shall be granted. , notify the applicant in writing.

The applicant shall go through the registration formalities with the administrative department for industry and commerce with the approval letter.

Article 10 In addition to transportation stations, gas stations, production facilities and storage quantities of hazardous chemicals constitute a major hazard storage facility, and the distance from the following sites and regions must comply with national standards or relevant national regulations:

(1) densely populated areas such as residential areas, commercial centers, and parks;

(2) Public facilities such as schools, hospitals, theaters, stadiums (halls);

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

(4) Stations and terminals (except for the special procedures for loading and unloading dangerous chemicals in accordance with national regulations), airports, roads, railways, waterways, trunks, subways, and entrances and exits;

(5) Basic farmland protection areas, animal husbandry areas, fishery waters, and production bases for seeds, breeding stocks, and aquatic products;

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

(7) Military restricted zones and military administrative zones;

(8) Other areas that are protected by laws and administrative regulations.

Where the production facilities of hazardous chemicals have been established and the storage facilities that constitute a major hazard source do not meet the requirements of the preceding paragraph, the department responsible for the comprehensive supervision and management of hazardous chemicals by the municipal people's government at the local jurisdiction shall supervise the specified period. Reorganize within the scope; if it needs to be converted, suspended, relocated or closed, it shall be implemented after being approved by the people's government at the same level.

The term “significant sources of danger” as used in these Regulations refers to units (including places and facilities) that produce, transport, use, store, or dispose of hazardous chemicals, and the number of hazardous chemicals equals or exceeds the critical amount.

Article 11 Anyone who rebuilds or expands the production or storage of hazardous chemicals must be examined and approved in accordance with the provisions of Article 9 of these Regulations.

Article 12 A dangerous chemical production enterprise established according to law must apply to the quality inspection department of the State Council for a production license for dangerous chemicals; if it does not obtain a production license for dangerous chemicals, it shall not start production.

The quality inspection department of the State Council shall notify the State Council's economic and trade comprehensive administrative department, the environmental protection department and the public security department of the issuance of dangerous chemicals production licenses.

Article 13 No unit or individual may produce, operate or use dangerous chemicals prohibited by the State.

The use of highly toxic chemicals to produce rodenticides and other chemical products and household chemicals that may enter the daily life of the people is prohibited.

Article 14 Where hazardous chemicals are produced, a chemical safety data sheet that is completely consistent with the hazardous chemicals shall be attached to the packaging of the hazardous chemicals, and the packaging (including the outer packaging parts) shall be affixed or hanged and packaged. A chemical safety label with completely consistent hazardous chemicals.

Hazardous chemicals manufacturers should immediately announce the hazardous chemicals they produce and have new hazard characteristics, and promptly revise the safety data sheets and safety labels.

Article 15 Units that use hazardous chemicals for production must meet the national standards and relevant state regulations, and obtain corresponding permits in accordance with the relevant laws and regulations of the state. It is necessary to establish and improve the safety management of the use of hazardous chemicals. Regulations to ensure the safe use and management of hazardous chemicals.

Article 16 Where hazardous chemicals are produced, stored or used, appropriate monitoring, ventilation, sun protection, temperature regulation, fire prevention, fire extinguishing, explosion prevention and venting shall be set up in the workshops, warehouses and other workplaces according to the types and characteristics of hazardous chemicals. Safety equipment and equipment such as pressure, anti-virus, disinfection, neutralization, moisture proof, lightning protection, anti-static, anti-corrosion, anti-leakage, protective dike or isolation operation, and maintenance and maintenance in accordance with national standards and relevant national regulations, to ensure compliance Safe operation requirements.

Article 17 Units that produce, store and use highly toxic chemicals shall conduct a safety evaluation of their production and storage devices once a year; units that produce, store and use other dangerous chemicals shall produce and store their own units. A safety assessment is conducted every two years.

The safety evaluation report shall propose a rectification plan for the safety problems existing in the production and storage devices. If it is found in the safety assessment that the production and storage devices are in actual danger, they should be immediately stopped, replaced or repaired, and corresponding safety measures taken.

The safety evaluation report shall be reported to the department in charge of the safety supervision and management of hazardous chemicals at the municipal level government where the locality is located.

Article 18 The units that produce, store and use dangerous chemicals shall set up communication and alarm devices at the place of production, storage and use, and ensure that they are in normal condition under any circumstances.

Article 19 The units that produce, store and use highly toxic chemicals shall record the production, flow, storage and use of highly toxic chemicals in a realistic manner and take necessary security measures to prevent the theft and loss of highly toxic chemicals. Or mis-sale or misuse; if the poisonous chemicals are stolen, lost or mis-sold or misused, they must be reported to the local public security department immediately.

Article 20 The packaging of dangerous chemicals must comply with the requirements of national laws, regulations, rules and national standards.

The materials, types, specifications, methods and quality (weight) of hazardous chemicals packaging shall be compatible with the nature and use of the hazardous chemicals to be packaged, facilitating handling, transportation and storage.

Article 21 The packaging materials and containers of dangerous chemicals must be designated and produced by qualified professional production enterprises examined and approved by the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and tested by professional testing and inspection agencies approved by the quality inspection department of the State Council. Only qualified before inspection.

Reusable hazardous chemical packaging materials and containers should be inspected and recorded before use; inspection records should be kept for at least 2 years.

The quality inspection department shall conduct regular or irregular inspections on the quality of the packaging materials and containers of hazardous chemicals.

Article 22 Hazardous chemicals must be stored in special warehouses, special sites or special storage rooms (hereinafter collectively referred to as dedicated warehouses). The storage methods, methods and storage quantities must conform to national standards and be managed by special personnel.

Hazardous chemicals are stored in the warehouse and must be checked and registered. Stock hazardous chemicals should be inspected regularly.

Highly toxic chemicals and other dangerous chemicals that constitute a significant source of hazard must be stored separately in a dedicated warehouse. The storage unit shall report the quantity, location and management status of the highly toxic chemicals and other dangerous chemicals that constitute a major hazard to the local public security department and the department responsible for the comprehensive supervision and management of hazardous chemicals.

Article 23 A special warehouse for hazardous chemicals shall meet the requirements of national standards for safety and fire protection, and shall set up obvious signs. Storage equipment and safety facilities for hazardous chemical warehouses should be tested regularly.

Article 24 Disposal of waste hazardous chemicals shall be carried out in accordance with the Law on the Prevention and Control of Environmental Pollution by Solid Wastes and relevant state regulations.

Article 25 Where the units producing, storing or using hazardous chemicals are converted, suspended, suspended or dissolved, effective measures shall be taken to dispose of the production or storage equipment, stock products and raw materials for the production of hazardous chemicals, and no accidents may remain. . The disposal plan shall be reported to the department in charge of the safety supervision and management of hazardous chemicals at the municipal level government of the locality and the environmental protection department and public security department at the same level for the record. The department responsible for the comprehensive supervision and management of hazardous chemicals shall supervise and inspect the disposal situation.

Article 26 The dangerous chemicals handed over by the public shall be received by the public security department. The hazardous chemicals received by the public security department and the dangerous chemicals collected by other relevant departments shall be disposed of by professional units recognized by the environmental protection department.

Chapter III Management of Dangerous Chemicals

Article 27 The State implements a licensing system for the sale and sale of dangerous chemicals. No unit or individual may operate or sell dangerous chemicals without permission.

Article 28 A dangerous chemicals business enterprise must meet the following conditions:

(1) The business premises and storage facilities comply with national standards;

(2) The competent personnel and business personnel have undergone professional training and obtained qualifications for employment;

(3) having a sound safety management system;

(4) Other conditions that meet the requirements of laws, regulations and national standards.

Article 29 Anyone who operates highly toxic chemicals and other dangerous chemicals shall be responsible to the departments in charge of the comprehensive supervision and management of hazardous chemicals safety to the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the municipal people's governments at the districts. Submit an application and attach relevant supporting documents to the conditions stipulated in Article 28 of these Regulations. The economic and trade administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government or the municipal people's governments at the municipal level who are responsible for the comprehensive supervision and management of hazardous chemicals shall, after receiving the application, submit the certification materials and operations submitted to the applicants in accordance with the provisions of these Regulations. The site is reviewed. Upon examination, if the conditions are met, the dangerous chemicals business license shall be issued, and the dangerous chemicals business license shall be notified to the public security department and the environmental protection department at the same level; if the conditions are not met, the applicant shall be notified in writing and the reasons shall be explained.

The applicant shall go through the registration formalities with the administrative department for industry and commerce according to the dangerous chemicals business license.

Article 30 For the operation of dangerous chemicals, the following acts shall not be allowed:

(1) Purchasing dangerous chemicals from enterprises that have never obtained a hazardous chemicals production license or a dangerous chemicals business license;

(2) operating dangerous chemicals prohibited by the State and rodenticides produced with highly toxic chemicals and other chemical products and household chemicals that may enter the daily life of the people;

(3) Selling dangerous chemicals without chemical safety data sheets and chemical safety labels.

Article 31 A hazardous chemical production enterprise shall not sell dangerous chemicals to units or individuals that have not obtained a dangerous chemicals business license.

Article 32 A hazardous chemical business enterprise that stores dangerous chemicals shall comply with the relevant provisions of Chapter II of these Regulations. Hazardous chemicals store can only store dangerous chemicals in small-sized civilian packaging, and the total amount must not exceed the limit set by the state.

Article 33 If a highly toxic chemical business enterprise sells highly toxic chemicals, it shall record the name and address of the purchaser, the name and identity card number of the purchaser, and the name, quantity and use of the highly toxic chemicals purchased. Records should be kept for at least 1 year.

Enterprises operating with highly toxic chemicals shall check the sales of highly toxic chemicals on a daily basis; if they are found to be stolen, lost or misplaced, they must immediately report to the local public security department.

Article 34 The following provisions shall be observed when purchasing highly toxic chemicals:

(1) Where production, scientific research, medical treatment, etc. often use highly toxic chemicals, they shall apply to the public security department of the municipal people's government in the district to collect the purchase vouchers and purchase them with the purchase vouchers;

(2) If the unit temporarily needs to purchase highly toxic chemicals, it shall apply to the public security department of the municipal people's government of the district to obtain a quasi-purchase certificate with the certificate issued by the unit (indicating the name, quantity and purpose), and purchase with the purchase permit. ;

(3) Individuals shall not purchase highly toxic chemicals other than pesticides, rodenticides and insecticides.

Highly toxic chemical production enterprises and operating enterprises shall not sell highly toxic chemicals to individuals or units that do not purchase certificates or purchase permits. Procurement certificates and purchase permits for highly toxic chemicals shall not be forged, altered, sold, loaned or otherwise transferred, and no voucher or purchase permit for the toxic chemicals shall be used.

The style and specific application methods for purchase certificates and purchase permits for highly toxic chemicals shall be formulated by the public security department of the State Council.

Chapter IV Transportation of Hazardous Chemicals

Article 35 The State shall implement a qualification certification system for the transportation of dangerous chemicals; dangerous chemicals shall not be transported without qualification.

The conditions necessary for the transportation of dangerous chemicals shall be stipulated by the State Council's transportation department.

Article 36 Tanks and other containers used for transportation of dangerous chemicals must be produced by a professional manufacturer in accordance with the provisions of Article 21 of these Regulations, and only after passing the test and inspection, can they be used.

The quality inspection department shall conduct regular or irregular inspections on the quality of the tanks and other containers specified by the professional production enterprises specified in the preceding paragraph.

Article 37 A dangerous chemicals transport enterprise shall conduct relevant safety knowledge training for its pilots, crew members, loading and unloading management personnel, and escort personnel; drivers, crew members, loading and unloading management personnel, and escort personnel must master the safety of dangerous chemicals transportation. Knowledge, and passing the assessment of the traffic department of the municipal people's government in the local district (the crew is qualified by the maritime management institution), and obtain the qualification certificate for the employment. The loading and unloading of hazardous chemicals must be carried out under the on-site command of the loading and unloading management personnel.

Drivers, crew, loaders and escorts carrying hazardous chemicals must be aware of the nature of the hazardous chemicals being carried, the hazard characteristics, the characteristics of the packaging containers and the emergency measures in the event of an accident. For transportation of hazardous chemicals, necessary emergency equipment and protective equipment must be provided.

Article 38 If a dangerous chemical is transported by road, the shipper may only entrust a transport enterprise with the qualification of dangerous chemicals to carry the transport.

Article 39 If a highly toxic chemical is transported by road, the shipper shall apply to the public security department of the county-level people's government at the destination to apply for a road transport permit for highly toxic chemicals.

For the road transport permit for highly toxic chemicals, the shipper shall submit to the public security department the name and quantity of the dangerous chemicals, the origin and destination of the transport, the transport route, the transport unit, the driver, the escort, the business unit and the purchase unit. Material for qualifications.

The style and specific application method for the road transport permit for highly toxic chemicals shall be formulated by the public security department of the State Council.

Article 40 It is forbidden to use the shipping channels such as inland rivers and other closed waters to transport highly toxic chemicals and other dangerous chemicals prohibited by the State Council's transportation department.

The use of inland rivers and other closed waters to transport dangerous chemicals other than those specified in the preceding paragraph can only be entrusted by water transport enterprises with dangerous chemicals transport qualifications, and in accordance with the provisions of the State Council's transportation department, accept the relevant traffic departments (ports) Supervision and management of departments, maritime management agencies, and the same).

Ships carrying dangerous chemicals and their loaded containers must be produced in accordance with the national regulations on ship inspection and inspected by a ship inspection agency approved by the maritime administration before they can be put into use.

Article 41 If the shipper consigns dangerous chemicals, it shall explain to the carrier the name, quantity, hazards and emergency measures of the dangerous chemicals transported.

If the transportation of dangerous chemicals requires the addition of inhibitors or stabilizers, the shipper should add the inhibitor or stabilizer when delivering the consignment and inform the carrier.

The shipper shall not carry dangerous chemicals in the consigned ordinary goods, and shall not conceal or misrepresent the dangerous chemicals as ordinary goods.

Article 42 The transportation, loading and unloading of dangerous chemicals shall take necessary safety protection measures in accordance with the provisions of relevant laws, regulations and rules and the requirements of national standards and in accordance with the hazardous characteristics of hazardous chemicals.

Tanks and other containers for transporting hazardous chemicals must be tightly sealed to withstand internal and external pressures under normal conditions of transport, ensuring that hazardous chemicals do not leak during transport due to changes in temperature, humidity or pressure. )leak.

Article 43. Transportation of dangerous chemicals through roads must be equipped with escort personnel and under the supervision of escort personnel at any time. They must not be overloaded or overloaded, and must not enter areas where dangerous chemicals transport vehicles are prohibited from passing through. For the regional, it shall report to the local public security department in advance, and the public security department shall specify the driving time and route for it. The transportation vehicles must abide by the travel time and route prescribed by the public security department.

The restricted passage area for dangerous chemicals transport vehicles shall be demarcated by the public security department of the municipal people's government in the district, and obvious signs shall be set.

If you need to park your accommodation while transporting dangerous chemicals or if you are unable to transport it properly, you should report it to the local public security department.

Article 44 When highly toxic chemicals are stolen, lost, dispersed or leaked during road transportation, the carrier and the escort personnel must immediately report to the local public security department and take all possible warning measures. After receiving the report, the public security department shall immediately report the situation to other relevant departments; the relevant departments shall take necessary security measures.

Article 45 No unit or individual may post or carry dangerous chemicals in the mail, and may not conceal dangerous materials or lie as ordinary items.

Article 46 The transportation of dangerous chemicals by rail or air shall be carried out in accordance with the relevant provisions of the railway and civil aviation departments of the State Council.

Chapter V Registration of Hazardous Chemicals and Accident Emergency Rescue

Article 47 The State implements a hazardous chemical registration system and provides technical and information support for the safety management, accident prevention and emergency rescue of hazardous chemicals.

Article 48 The production and storage enterprises of dangerous chemicals and the units that use highly toxic chemicals and other dangerous chemicals that constitute a major source of danger shall go through dangerous chemicals to the institutions responsible for the registration of dangerous chemicals by the Economic and Trade Administration of the State Council. Product registration. The specific measures for the registration of hazardous chemicals shall be formulated by the Economic and Trade General Administration Department of the State Council.

The organization responsible for the registration of hazardous chemicals shall provide the relevant departments of environmental protection, public security, quality inspection, and health with information on the registration of hazardous chemicals.

Article 49 The departments responsible for the comprehensive supervision and management of hazardous chemicals safety at the local people's governments at or above the county level shall, in conjunction with other relevant departments at the same level, formulate emergency rescue plans for hazardous chemical accidents and report them to the people's government at the same level for approval.

Article 50 A dangerous chemical unit shall formulate an emergency rescue plan for its own unit, equip emergency rescue personnel and necessary emergency rescue equipment and equipment, and organize regular drills.

The emergency rescue plan for hazardous chemical accidents shall be reported to the municipal level government of the district to be responsible for the comprehensive work of the safety supervision and management of hazardous chemicals.

Article 51 In the event of a dangerous chemical accident, the principal responsible person of the unit shall immediately organize the rescue according to the emergency rescue plan formulated by the unit, and immediately report to the local department responsible for the comprehensive supervision and management of hazardous chemicals, public security, environmental protection, Quality inspection departments.

Article 52 In the event of a dangerous chemical accident, the relevant local people's government shall do a good job in command and leadership. The departments responsible for the comprehensive supervision and management of hazardous chemicals safety and the relevant departments of environmental protection, public security, health, etc. shall organize the implementation of rescue according to the local emergency rescue plan, without delay or shirking. The relevant local people's government and its relevant departments shall, in accordance with the following provisions, take necessary measures to reduce accident losses and prevent accidents from spreading and expanding:

(1) Immediately organize the rescue of the victims, organize evacuation or take other measures to protect other personnel in the hazardous area;

(2) Quickly controlling the source of the hazard, and inspecting and monitoring the hazards caused by the dangerous chemicals, determining the hazard area of ​​the accident, the nature of the hazard chemicals and the degree of hazard;

(3) Quickly adopt measures such as closure, isolation and decontamination in response to the actual hazards and possible hazards caused by accidents to human bodies, animals and plants, soil, water sources and air;

(4) Monitoring and disposing of the hazards caused by hazardous chemical accidents until they meet the national environmental protection standards.

Article 53 A hazardous chemical production enterprise must provide technical guidance and necessary assistance for emergency rescue of hazardous chemical accidents.

Article 54 The information on environmental pollution caused by accidents caused by hazardous chemicals shall be uniformly announced by the environmental protection department.

Chapter VI Legal Liability

Article 55. Any staff member of the relevant department who has supervised and managed the production, operation, storage, transportation, use of hazardous chemicals and disposal of discarded hazardous chemicals according to law shall be given administrative sanctions for downgrading or dismissal according to law; Whoever violates the criminal law shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of accepting bribes, abuse of power, negligence of duty or other crimes:

(1) Using the convenience of the position to accept the property or other benefits of others, and to approve or permit the production, operation, storage, transportation, use of hazardous chemicals and disposal of hazardous chemicals that do not meet the conditions stipulated in these Regulations;

(2) discovering that units and individuals that have not obtained approval or permission according to law are engaged in relevant activities without authorization or are not banned or not dealt with according to law after receiving the report;

(3) Those units and individuals that have obtained approval or permission according to law fail to perform their supervisory and management duties, and find that they no longer have the conditions stipulated in these Regulations without revoking the original approval, permission or finding violations of these Regulations.

Article 56 In the event of a dangerous chemical accident, the relevant department fails to perform its duties in accordance with the provisions of these Regulations, organizes the implementation of rescue or takes necessary measures to reduce accident losses, prevent accidents from spreading, expanding, or delay or shirk, and is responsible for The competent personnel and other directly responsible personnel shall be given administrative sanctions for downgrading or dismissal according to law; those who violate the criminal law shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of abuse of power, negligence of duty or other crimes.

Article 57 Anyone who commits one of the following acts in violation of the provisions of these Regulations shall be closed down or ordered to suspend business due to the administrative department of industry and commerce, the quality inspection department, and the department responsible for the comprehensive supervision and management of hazardous chemicals. To rectify and order the destruction of dangerous chemicals that are prohibited by the State from being produced, operated or used, or rodenticides produced with highly toxic chemicals, and other chemical products and household chemicals that may enter the daily life of the people; If the illegal income is more than 100,000 yuan, and the illegal income is less than 1 time and 5 times the fine; if there is no illegal income or the illegal income is less than 100,000 yuan, and the fine is 50,000 yuan to 500,000 yuan. Those who violate the criminal law shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of causing dangerous goods, illegal business or other crimes according to the provisions of the Criminal Law:

(1) engaging in the production and storage of dangerous chemicals without approval or without registration of industry and commerce;

(2) failing to obtain a production license for hazardous chemicals and starting to produce dangerous chemicals without authorization;

(3) Unauthorized reconstruction or expansion of hazardous chemicals production and storage enterprises without examination and approval;

(4) failing to obtain a dangerous chemicals business license or engaging in the registration of dangerous chemicals without authorization of industrial and commercial registration;

(5) Producing, operating, or using dangerous chemicals prohibited by the State, or using highly toxic chemicals to produce rodenticides and other chemical products and daily chemicals that may enter the daily life of the people.

Article 58 A dangerous chemical unit violates the provisions of these Regulations and does not set up corresponding monitoring, ventilation, sun protection, temperature regulation, fire prevention, fire extinguishing, explosion-proof, etc. in the workshops, warehouses and other workplaces according to the types and characteristics of hazardous chemicals. For safety equipment and equipment such as pressure relief, anti-virus, disinfection, neutralization, moisture proof, lightning protection, anti-static, anti-corrosion, anti-leakage, protection of dikes or isolation operations, the department responsible for the comprehensive supervision and management of hazardous chemicals or The public security department shall, according to their respective functions and powers, immediately or within a time limit, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if the criminal law is violated, the responsible person and other directly responsible persons shall be responsible for the crime of causing dangerous goods and major responsibility according to the criminal law. The provisions on accident or other crimes shall be investigated for criminal responsibility according to law.

Article 59 Anyone who commits any of the following acts in violation of the provisions of these Regulations shall be ordered by the department responsible for the comprehensive supervision and management of hazardous chemicals safety, the quality inspection department or the transportation department to make corrections immediately or within a time limit according to their respective functions and powers. If the overdue period has not been corrected, the company shall be ordered to suspend production and suspend business for rectification; if the criminal law is violated, the responsible person and other directly responsible personnel shall be responsible for the crime of causing dangerous goods, the crime of producing and selling counterfeit goods or other crimes. The stipulation of crimes shall be investigated for criminal responsibility according to law:

(1) Producing dangerous chemicals packaging materials and containers without authorization;

(2) Ships carrying dangerous chemicals and their loaded containers are not produced in accordance with the national regulations on ship inspection and have passed the inspection;

(3) The materials, types, specifications, methods and quality (weight) of the dangerous chemicals package are not compatible with the nature and use of the packaged hazardous chemicals;

(4) The packaging materials and containers of dangerous chemicals that are reused are not inspected before use;

(5) Using packaging materials, containers, packaging, and transportation of dangerous chemicals produced by non-fixed enterprises or not tested and inspected.

Article 60 If a dangerous chemical unit violates the provisions of these Regulations and has one of the following acts, the department responsible for the comprehensive supervision and management of hazardous chemicals shall order it to correct immediately or within a time limit, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. If it is not corrected within the time limit, it shall be ordered to suspend production and suspend business for rectification:

(1) The dangerous chemical production enterprise does not attach the chemical safety technical specification that is completely consistent with the dangerous chemical in the dangerous chemical packaging, or does not attach, hang and package the dangerous in the packaging (including the outer packaging). Chemically identical chemical safety labels;

（二）危险化学品生产企业发现危险化学品有新的危害特性时，不立即公告并及时修订其安全技术说明书和安全标签的；

（三）危险化学品经营企业销售没有化学品安全技术说明书和安全标签的危险化学品的。

第六十一条危险化学品单位违反本条例的规定，有下列行为之一的，由负责危险化学品安全监督管理综合工作的部门或者公安部门依据各自的职权责令立即或者限期改正，处１万元以上５万元以下的罚款；逾期不改正的，由原发证机关吊销危险化学品生产许可证、经营许可证和营业执照；触犯刑律的，对负有责任的主管人员和其他直接责任人员依照刑法关于危险物品肇事罪、重大责任事故罪或者其他罪的规定，依法追究刑事责任：

（一）未对其生产、储存装置进行定期安全评价，并报所在地设区的市级人民政府负责危险化学品安全监督管理综合工作的部门备案，或者对安全评价中发现的存在现实危险的生产、储存装置不立即停止使用，予以更换或者修复，并采取相应的安全措施的；

（二）未在生产、储存和使用危险化学品场所设置通讯、报警装置，并保持正常适用状态的；

（三）危险化学品未储存在专用仓库内或者未设专人管理的；

（四）危险化学品出入库未进行核查登记或者入库后未定期检查的；

（五）危险化学品专用仓库不符合国家标准对安全、消防的要求，未设置明显标志，或者未对专用仓库的储存设备和安全设施定期检测的；

（六）危险化学品经销商店存放非民用小包装的危险化学品或者危险化学品民用小包装的存放量超过国家规定限量的；

（七）剧毒化学品以及构成重大危险源的其他危险化学品未在专用仓库内单独存放，或者未实行双人收发、双人保管，或者未将储存剧毒化学品以及构成重大危险源的其他危险化学品的数量、地点以及管理人员的情况，报当地公安部门和负责危险化学品安全监督管理综合工作的部门备案的；

（八）危险化学品生产单位不如实记录剧毒化学品的产量、流向、储存量和用途，或者未采取必要的保安措施防止剧毒化学品被盗、丢失、误售、误用，或者发生剧毒化学品被盗、丢失、误售、误用后不立即向当地公安部门报告的；

（九）危险化学品经营企业不记录剧毒化学品购买单位的名称、地址，购买人员的姓名、身份证号码及所购剧毒化学品的品名、数量、用途，或者不每天核对剧毒化学品的销售情况，或者发现被盗、丢失、误售不立即向当地公安部门报告的。

第六十二条危险化学品单位违反本条例的规定，在转产、停产、停业或者解散时未采取有效措施，处置危险化学品生产、储存设备、库存产品及生产原料的，由负责危险化学品安全监督管理综合工作的部门责令改正，处２万元以上１０万元以下的罚款；触犯刑律的，对负有责任的主管人员和其他直接责任人员依照刑法关于重大环境污染事故罪、危险物品肇事罪或者其他罪的规定，依法追究刑事责任。

第六十三条违反本条例的规定，有下列行为之一的，由工商行政管理部门责令改正，有违法所得的，没收违法所得；违法所得５万元以上的，并处违法所得１倍以上５倍以下的罚款；没有违法所得或者违法所得不足５万元的，并处２万元以上２０万元以下的罚款；不改正的，由原发证机关吊销生产许可证、经营许可证和营业执照；触犯刑律的，对负有责任的主管人员和其他直接责任人员依照刑法关于非法经营罪、危险物品肇事罪或者其他罪的规定，依法追究刑事责任：

（一）危险化学品经营企业从未取得危险化学品生产许可证或者危险化学品经营许可证的企业采购危险化学品的；

（二）危险化学品生产企业向未取得危险化学品经营许可证的经营单位销售其产品的；

（三）剧毒化学品经营企业向个人或者无购买凭证、准购证的单位销售剧毒化学品的。

第六十四条违反本条例的规定，伪造、变造、买卖、出借或者以其他方式转让剧毒化学品购买凭证、准购证以及其他有关证件，或者使用作废的上述有关证件的，由公安部门责令改正，处１万元以上５万元以下的罚款；触犯刑律的，对负有责任的主管人员和其他直接责任人员依照刑法关于伪造、变造、买卖国家机关公文、证件、印章罪或者其他罪的规定，依法追究刑事责任。

第六十五条违反本条例的规定，未取得危险化学品运输企业资质，擅自从事危险化学品公路、水路运输，有违法所得的，由交通部门没收违法所得；违法所得５万元以上的，并处违法所得１倍以上５倍以下的罚款；没有违法所得或者违法所得不足５万元的，处２万元以上２０万元以下的罚款；触犯刑律的，对负有责任的主管人员和其他直接责任人员依照刑法关于危险物品肇事罪或者其他罪的规定，依法追究刑事责任。

第六十六条违反本条例的规定，有下列行为之一的，由交通部门处２万元以上１０万元以下的罚款；触犯刑律的，依照刑法关于危险物品肇事罪或者其他罪的规定，依法追究刑事责任：

（一）从事危险化学品公路、水路运输的驾驶员、船员、装卸管理人员、押运人员未经考核合格，取得上岗资格证的；

（二）利用内河以及其他封闭水域等航运渠道运输剧毒化学品和国家禁止运输的其他危险化学品的；

（三）托运人未按照规定向交通部门办理水路运输手续，擅自通过水路运输剧毒化学品和国家禁止运输的其他危险化学品以外的危险化学品的；

（四）托运人托运危险化学品，不向承运人说明运输的危险化学品的品名、数量、危害、应急措施等情况，或者需要添加抑制剂或者稳定剂，交付托运时未添加的；

（五）运输、装卸危险化学品不符合国家有关法律、法规、规章的规定和国家标准，并按照危险化学品的特性采取必要安全防护措施的。

第六十七条违反本条例的规定，有下列行为之一的，由公安部门责令改正，处２万元以上１０万元以下的罚款；触犯刑律的，依照刑法关于危险物品肇事罪、重大环境污染事故罪或者其他罪的规定，依法追究刑事责任：

（一）托运人未向公安部门申请领取剧毒化学品公路运输通行证，擅自通过公路运输剧毒化学品的；

（二）危险化学品运输企业运输危险化学品，不配备押运人员或者脱离押运人员监管，超装、超载，中途停车住宿或者遇有无法正常运输的情况，不向当地公安部门报告的；

（三）危险化学品运输企业运输危险化学品，未向公安部门报告，擅自进入危险化学品运输车辆禁止通行区域，或者进入禁止通行区域不遵守公安部门规定的行车时间和路线的；

（四）危险化学品运输企业运输剧毒化学品，在公路运输途中发生被盗、丢失、流散、泄露等情况，不立即向当地公安部门报告，并采取一切可能的警示措施的；

（五）托运人在托运的普通货物中夹带危险化学品或者将危险化学品匿报、谎报为普通货物托运的。

第六十八条违反本条例的规定，邮寄或者在邮件内夹带危险化学品，或者将危险化学品匿报、谎报为普通物品邮寄的，由公安部门处２０００元以上２万元以下的罚款；触犯刑律的，依照刑法关于危险物品肇事罪或者其他罪的规定，依法追究刑事责任。

第六十九条危险化学品单位发生危险化学品事故，未按照本条例的规定立即组织救援，或者不立即向负责危险化学品安全监督管理综合工作的部门和公安、环境保护、质检部门报告，造成严重后果的，对负有责任的主管人员和其他直接责任人员依照刑法关于国有公司、企业工作人员失职罪或者其他罪的规定，依法追究刑事责任。

第七十条危险化学品单位发生危险化学品事故造成人员伤亡、财产损失的，应当依法承担赔偿责任；拒不承担赔偿责任或者其负责人逃匿的，依法拍卖其财产，用于赔偿。

Chapter VII Supplementary Provisions

第七十一条监控化学品、属于药品的危险化学品和农药的安全管理，依照本条例的规定执行；国家另有规定的，依照其规定。

民用爆炸品、放射性物品、核能物质和城镇燃气的安全管理，不适用本条例。

第七十二条危险化学品的进出口管理依照国家有关规定执行；进口危险化学品的经营、储存、运输、使用和处置进口废弃危险化学品，依照本条例的规定执行。

第七十三条依照本条例的规定，对生产、经营、储存、运输、使用危险化学品和处置废弃危险化学品进行审批、许可并实施监督管理的国务院有关部门，应当根据本条例的规定制定并公布审批、许可的期限和程序。

本条例规定的国家标准和涉及危险化学品安全管理的国家有关规定，由国务院质检部门或者国务院有关部门分别依照国家标准化法律和其他有关法律、行政法规以及本条例的规定制定、调整并公布。

第七十四条本条例自２００２年３月１５日起施行。１９８７年２月１７日国务院发布的《化学危险物品安全管理条例》同时废止。