Premier Zhu Rongji
2002 65438+1October 26th
Chapter I General Provisions
Chapter II Production, Storage and Use of Hazardous Chemicals
Chapter III Management of Hazardous Chemicals
Chapter IV Transportation of Dangerous Chemicals
Chapter V Registration of Hazardous Chemicals and Emergency Rescue of Accidents
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening the safety management of hazardous chemicals, ensuring the safety of people's lives and property and protecting the environment.
Article 2 The production, management, storage, transportation and use of hazardous chemicals and the disposal of waste hazardous chemicals within the territory of People's Republic of China (PRC) must abide by these Regulations and the provisions of the laws and administrative regulations of the state on safety in production.
Article 3 Hazardous chemicals mentioned in these Regulations include explosives, compressed gases and liquefied gases, flammable liquids, flammable solids, spontaneous combustion articles and flammable articles when wet, oxidants and organic peroxides, drugs and corrosive products.
Hazardous chemicals are listed in the list of dangerous goods published according to national standards (GB 12268); ); The list of highly toxic chemicals and other dangerous chemicals not included in the list of dangerous goods shall be determined and published by the comprehensive economic and trade management department of the State Council in conjunction with the public security, environmental protection, health, quality inspection and transportation departments of the State Council.
Article 4 Units that produce, manage, store, transport, use and dispose of hazardous chemicals (hereinafter referred to as hazardous chemicals units) are the main responsible persons to ensure that the safety management of hazardous chemicals in their own units conforms to the provisions of relevant laws, regulations and rules and the requirements of national standards, and are responsible for the safety of hazardous chemicals in their own units.
Personnel engaged in the production, management, storage, transportation, use or disposal of hazardous chemicals in hazardous chemicals units must be trained in relevant laws, regulations, rules and safety knowledge, professional technology, occupational health protection and emergency rescue knowledge, and can only take up their posts after passing the examination.
Article 5 The relevant departments that supervise and manage the production, management, storage, transportation, use and disposal of hazardous chemicals shall perform their duties in accordance with the following provisions:
(1) The comprehensive economic management department of the State Council and the economic and trade management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the comprehensive work of the safety supervision and management of hazardous chemicals, the review of the establishment, reconstruction and expansion of hazardous chemicals production and storage enterprises, the review and designation of specialized manufacturers of hazardous chemicals packaging and containers (including transport tanks, the same below), the issuance of hazardous chemicals business licenses and the registration of hazardous chemicals in China. The departments of the municipal people's government with districts and the people's government at the county level responsible for the comprehensive work of safety supervision and management of hazardous chemicals shall be determined by the people's government at the corresponding level and perform their duties in accordance with the provisions of these regulations.
(2) The public security department is responsible for the safety management of hazardous chemicals, issuing purchase vouchers and quasi-purchase certificates for highly toxic chemicals, examining and issuing road transport licenses for highly toxic chemicals, supervising the safety of road transport of hazardous chemicals, and conducting supervision and inspection on the above matters.
(3) The quality inspection department is responsible for issuing production licenses for hazardous chemicals and their packaging containers, supervising the product quality of hazardous chemicals packaging containers, and conducting supervision and inspection on the above matters.
(4) The environmental protection department is responsible for the supervision and management of the disposal of abandoned hazardous chemicals, the investigation of major hazardous chemical pollution accidents and ecological damage incidents, the emergency monitoring of toxic chemical accidents and the registration of imported hazardous chemicals, and carries out supervision and inspection on the above matters.
(five) the railway and civil aviation departments are responsible for the safety management, supervision and inspection of railway, air transport and railway and civil aviation transport units and their means of transport of dangerous chemicals. The transportation department is responsible for the safety management of dangerous chemicals highway and waterway transport units and their means of transport, supervise the safety of dangerous chemicals waterway transport, identify the qualifications of dangerous chemicals highway and waterway transport units, drivers, crew members, stevedores and escorts, and supervise and inspect the above matters.
(six) the health administrative department is responsible for the identification of the toxicity of dangerous chemicals and the medical rescue of the casualties of dangerous chemicals accidents.
(7) The administrative department for industry and commerce shall, according to the approval and licensing documents of relevant departments, issue the business licenses of units that produce, manage, store and transport dangerous chemicals, and supervise and manage the market operation activities of dangerous chemicals.
(eight) the postal department is responsible for the supervision and inspection of mailing dangerous chemicals.
Article 6 The relevant departments that supervise and manage hazardous chemicals units in accordance with these Regulations may exercise the following functions and powers when carrying out supervision and inspection according to law:
(a) to enter the workplace of hazardous chemicals for on-site inspection, obtain relevant information, understand the situation from relevant personnel, and put forward rectification measures and suggestions to hazardous chemicals units;
(two) when discovering the hidden dangers of dangerous chemicals accidents, it shall be ordered to eliminate them immediately or within a time limit;
(three) facilities, equipment, equipment and means of transport that do not meet the requirements of relevant laws, regulations, rules and national standards shall be ordered to stop using immediately;
(four) found illegal behavior, corrected on the spot or ordered to make corrections within a time limit.
Hazardous chemicals units shall accept the supervision and inspection carried out by relevant departments according to law, and shall not refuse or obstruct them.
When conducting supervision and inspection according to law, the staff dispatched by the relevant departments shall show their certificates.
Chapter II Production, Storage and Use of Hazardous Chemicals
Article 7 The State implements unified planning, rational distribution and strict control over the production and storage of hazardous chemicals, and implements an examination and approval system for the production and storage of hazardous chemicals; Without approval, no unit or individual may produce or store dangerous chemicals.
When formulating the overall plan, the Municipal People's Government with districts shall, according to the actual needs of local economic development and the principle of ensuring safety, plan appropriate production and storage areas for hazardous chemicals.
Article 8 Enterprises that produce and store hazardous chemicals must meet the following conditions:
(a) there are production processes, equipment or storage methods and facilities that meet the national standards;
(two) the protective distance around the factory and warehouse meets the national standards or the relevant provisions of the state;
(3) Having managers and technicians who meet the needs of production or storage;
(4) Having a sound safety management system;
(five) other conditions that meet the requirements of laws, regulations and national standards.
Article 9 To set up enterprises producing and storing highly toxic chemicals and other enterprises producing and storing dangerous chemicals, an application shall be submitted 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 departments of the people's governments at the municipal level with districts responsible for the comprehensive work of safety supervision and management of dangerous chemicals, and the following documents shall be submitted:
(a) the 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 dangerous chemicals;
(3) Technical requirements for packaging, storage and transportation;
(4) Safety evaluation report;
(5) Emergency rescue measures for accidents;
(six) documents that meet the conditions stipulated in Article 8 of these regulations.
After receiving the application and the submitted documents, the competent economic and trade administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government or the department in charge of the comprehensive work of the safety supervision and management of hazardous chemicals of the people's government at the municipal level divided into districts shall organize relevant experts to conduct examination, put forward examination opinions and report to the people's government at the corresponding level for approval or disapproval. According to the decision of the people's government at the corresponding level, the approval letter shall be issued by the administrative department of economy and trade of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the department in charge of the comprehensive work of safety supervision and management of hazardous chemicals of the municipal people's government with districts; If not approved, 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 Except for gas stations and vehicle filling stations, the production facilities and storage capacity of dangerous chemicals constitute storage facilities of major hazard sources, and the distance from the following places and areas must meet the national standards or relevant state regulations:
(1) densely populated areas such as residential areas, commercial centers and parks;
(two) schools, hospitals, theaters, stadiums (gymnasiums) and other public facilities;
(3) Water supply sources, water plants and water source protection areas;
(4) Stations, docks (except for loading and unloading hazardous chemicals according to state regulations), airports, trunk roads, railways and waterways, subway kiosks and entrances and exits;
(five) basic farmland protection areas, animal husbandry areas, fishery waters and seed, livestock and poultry, aquatic seed production base;
(6) Rivers, lakes, scenic spots and nature reserves;
(7) Military restricted zones and military administrative zones;
(eight) other areas protected by laws and administrative regulations.
If the completed production facilities of hazardous chemicals and the storage facilities whose storage amount constitutes a major hazard source do not conform to the provisions of the preceding paragraph, the department responsible for the comprehensive work of safety supervision and management of hazardous chemicals of the municipal people's government with districts shall supervise its rectification within a time limit; If it is necessary to change production, stop production, relocate or close down, it shall be implemented after being approved by the people's government at the same level.
The term "major hazard sources" as mentioned in these Regulations refers to units (including places and facilities) that produce, transport, use, store or dispose of hazardous chemicals, and the quantity of hazardous chemicals is equal to or more than the critical quantity.
Eleventh dangerous chemicals production and storage enterprises to rebuild or expand, must be examined and approved in accordance with the provisions of Article 9 of these regulations.
Twelfth hazardous chemicals production enterprises established according to law, must apply to the quality inspection department of the State Council for a hazardous chemicals production license; Without obtaining a production license for hazardous chemicals, production shall not be started.
The quality inspection department of the State Council shall inform the comprehensive economic and trade management department, environmental protection department and public security department of the State Council about the issuance of production licenses for dangerous chemicals.
Article 13 No unit or individual may produce, manage or use dangerous chemicals that are explicitly prohibited by the state.
It is forbidden to use highly toxic chemicals to produce rodenticides and other chemical products and daily chemicals that may enter people's daily lives.
Article 14 In the production of hazardous chemicals, a chemical safety technical specification completely consistent with the hazardous chemicals shall be attached to the packaging of hazardous chemicals, and a chemical safety label completely consistent with the hazardous chemicals shall be affixed or attached to the packaging (including the outer packaging).
When a hazardous chemicals production enterprise discovers that the hazardous chemicals it produces have new hazardous characteristics, it shall immediately make an announcement and revise the safety technical specifications and safety labels in time.
Fifteenth units that use hazardous chemicals for production must comply with national standards and relevant state regulations, and obtain corresponding licenses in accordance with relevant state laws and regulations. It is necessary to establish and improve the safety management rules and regulations for the use of hazardous chemicals to ensure the safe use and management of hazardous chemicals.
Article 16 In places where hazardous chemicals are produced, stored and used, corresponding safety facilities and equipment such as monitoring, ventilation, sun protection, temperature regulation, fire prevention, fire extinguishing, explosion prevention, pressure relief, antivirus, disinfection, neutralization, moisture prevention, lightning protection, antistatic, corrosion prevention, leakage prevention, dike protection or isolation operation shall be set up in workshops, warehouses and other workplaces according to the types and characteristics of hazardous chemicals.
Seventeenth units that produce, store and use highly toxic chemicals shall conduct a safety assessment of their production and storage devices every year; Units that produce, store and use other dangerous chemicals shall conduct a safety assessment of their production and storage devices every two years.
The safety evaluation report shall put forward a rectification plan for the safety problems existing in the production and storage devices. If the production and storage devices are found to be in real danger in the safety evaluation, they should immediately stop using, replacing or repairing, and take corresponding safety measures.
The safety evaluation report shall be submitted to the department responsible for the comprehensive work of safety supervision and management of hazardous chemicals of the local municipal people's government with districts for the record.
Article 18 Units that produce, store and use hazardous chemicals shall set up communication and alarm devices in the places where they are produced, stored and used, and ensure that they are in a normal applicable state under any circumstances.
Article 19 Units that produce, store and use highly toxic chemicals shall truthfully record the output, flow direction, storage quantity and usage of highly toxic chemicals, and take necessary safety measures to prevent highly toxic chemicals from being stolen, lost, missold or misused; When it is found that highly toxic chemicals are stolen, lost, missold or misused, it must be reported to the local public security department immediately.
Article 20 The packaging of hazardous chemicals must conform to the provisions of national laws, regulations and rules and the requirements of national standards.
The materials, types, specifications, methods and individual quality (weight) of hazardous chemicals packaging shall be suitable for the nature and use of the packaged hazardous chemicals, and be convenient for loading, unloading, transportation and storage.
Article 21 Packages and containers of dangerous chemicals must be produced by professional production enterprises that have passed the examination by the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and can only be used after being tested by professional testing and inspection institutions recognized by the quality inspection department of the State Council.
Reusable packages and containers of hazardous chemicals should be inspected and recorded before use; Inspection records shall be kept for at least 2 years.
The quality inspection department shall regularly or irregularly inspect the product quality of dangerous chemicals packaging containers.
Twenty-second hazardous chemicals must be stored in special warehouses, special places or special storage rooms (hereinafter referred to as special warehouses), and the storage methods, methods and quantities must meet the national standards and be managed by special personnel.
Hazardous chemicals must be inspected and registered when entering or leaving the warehouse. The inventory of hazardous chemicals should be checked regularly.
Highly toxic chemicals and other dangerous chemicals whose storage amount constitutes a major hazard source must be stored separately in a special warehouse, and a dual-receiving and dual-storage system shall be implemented. The storage unit shall report the quantity, location and management personnel of highly toxic chemicals and other dangerous chemicals that constitute major hazard sources to the local public security department and the department responsible for the comprehensive work of safety supervision and management of dangerous chemicals for the record.
Twenty-third special warehouses for dangerous chemicals shall meet the national safety and fire control standards, and set up obvious signs. Storage equipment and safety facilities in special warehouses for hazardous chemicals shall be tested regularly.
Article 24 The disposal of hazardous chemicals shall be carried out in accordance with the Law on the Prevention and Control of Environmental Pollution by Solid Wastes and the relevant provisions of the State.
Article 25 Where a unit that produces, stores and uses hazardous chemicals changes production, stops production, suspends business or is dissolved, it shall take effective measures to dispose of hazardous chemicals production or storage equipment, stored products and raw materials, and shall not leave any hidden danger of accidents. The disposal plan shall be submitted to the municipal people's government for the comprehensive work of safety supervision and management of hazardous chemicals and the environmental protection department at the same level.