Chapter I General Principles
Article 1 In order to strengthen the management of precursor chemicals, standardize the purchase, sale and transportation of precursor chemicals, prevent precursor chemicals from being used to manufacture drugs, and maintain economic and social order, these Measures are formulated in accordance with the Regulations on the Administration of Precursor Chemicals.
Article 2 The Ministry of Public Security is the competent department in charge of the purchase and sale, transportation management, supervision and inspection of precursor chemicals throughout the country.
The public security organs of local people's governments at or above the county level shall be responsible for the purchase and sale, transportation management, supervision and inspection of precursor chemicals within their respective jurisdictions.
The anti-drug departments of the public security organs of the people's governments of all provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts shall set up specialized agencies for the management of precursor chemicals, and the public security organs of the people's governments at the county level shall set up specialized personnel to be responsible for the purchase, transportation license or filing, supervision and inspection of precursor chemicals.
Chapter II Management of Purchase and Sale
Article 3 Whoever purchases Class I non-pharmaceutical precursor chemicals shall apply to the public security organ of the local provincial people's government for a purchase license; The purchase of Class II and Class III precursor chemicals shall be filed with the public security organ of the local people's government at the county level. Only after obtaining the purchase license or the purchase record certificate can the precursor chemicals be purchased.
Article 4 Individuals shall not buy precursor chemicals of Category I and precursor chemicals of Category II.
It is forbidden to trade precursor chemicals in cash or in kind, except that individuals legally purchase the drugs for precursor chemicals of Category I and Category III.
Article 5 To apply for purchasing Class I non-pharmaceutical precursor chemicals and Class II and III precursor chemicals, the following application materials shall be submitted:
(a) the business license of the operating enterprise (copy, photocopy), the establishment registration certificate or approval document of other organizations (original and photocopy), or the personal identity certificate (original and photocopy);
(2) Certificate of legal use (original).
The legal use certificate shall be issued by the purchasing unit or individual, indicating the variety, quantity and purpose of the precursor chemicals to be purchased, and stamped with the seal or personal signature of the purchasing unit.
Article 6 An application for purchasing Class I non-pharmaceutical precursor chemicals shall be examined and approved by the public security organ of the provincial people's government where the applicant is located. The public security organ in charge of examination and approval shall examine the application materials submitted by the applicant within 10 days from the date of accepting the application. To meet the requirements, issue a procurement license; If the license is not granted, the reasons shall be explained in writing.
If the public security organ in charge of examination and approval can apply for a purchase license on the spot, it shall do so on the spot; If the materials are incomplete and need to be corrected, 1 time shall inform the applicant of the contents that need to be corrected; If the materials provided do not meet the requirements, the reasons shall be explained in writing.
Article 7 When examining the application materials for the purchase license of precursor chemicals of Category I, the public security organ may conduct on-site verification when necessary. In any of the following circumstances, on-site verification shall be conducted:
(a) the first application of the purchasing unit;
(two) the application materials provided by the procurement unit do not meet the requirements;
(three) the application materials provided by the procurement unit are in doubt.
Article 8 Whoever purchases Class II and Class III precursor chemicals shall file the purchased varieties and quantities with the public security organ of the local people's government at the county level before purchasing. After the public security organ accepts the filing, it shall issue the purchase filing certificate on the same day.
One-time purchase of potassium permanganate for personal use, with an annual consumption of more than 5 kg and less than 50 kg, does not need to be filed.
Article 9 The purchase license for precursor chemicals is valid once, and the validity period is 1 month.
The purchase record certificate of precursor chemicals is valid for one use, and the validity period is 1 month. Units that have no violations within 1 year after filing can issue a valid filing certificate for multiple use, valid for 6 months.
For individual purchases, only one valid filing certificate is required.
Article 10 When selling Class I precursor chemicals, business units shall check the purchase license and the identity certificate of the agent. If the procurement is entrusted, the entrusted documents held by the purchaser shall also be examined.
The entrustment document shall specify the information of the entrusting party and the entrusted party, the variety and quantity of the entrusted procurement, etc.
Business units shall check and keep copies of the certification materials specified in the preceding two paragraphs before selling precursor chemicals of Category I; If suspicious circumstances are found, they should immediately report to the local public security organ.
When examining the license and identity certificate provided by the purchaser, the business unit may ask the local public security organ to assist in verification if it is uncertain about its authenticity. The public security organ shall verify on the spot. If it cannot verify on the spot, it shall inform the business unit of the verification result within 3 days.
Eleventh business units shall establish a sales ledger of precursor chemicals, and truthfully record the varieties, quantities, dates, buyers and other contents. When selling precursor chemicals, the business unit shall also keep a copy of the purchase license or purchase record certificate and the identity certificate of the purchase agent.
Copies of sales ledger and certification materials shall be kept for 2 years for future reference.
Article 12 A business unit shall report the sales of precursor chemicals of Category I to the public security organ of the local county-level people's government for the record within 5 days from the date of sales, and report the sales of precursor chemicals of Category II and III to the public security organ of the local county-level people's government for the record within 30 days.
The sales record shall include the sales unit and address, the types and quantities of precursor chemicals sold, etc. At the same time, a copy of the buyer's certification materials shall be submitted.
Article 13 Users of Class I precursor chemicals shall establish ledgers, truthfully record the types, quantities, uses and inventories of precursor chemicals purchased, and keep them for 2 years for future reference.
Article 14 Units that purchase, sell and use precursor chemicals shall establish internal management systems such as the registration of precursor chemicals in and out of the warehouse, the division of responsibilities of precursor chemicals management posts, and the training of enterprise employees on precursor chemicals knowledge.
Chapter III Transportation Management
Fifteenth transportation of precursor chemicals, in any of the following circumstances, it shall apply for transportation license or filing:
(1) Cross-city administrative area transportation (municipality directly under the central government is the cross-city boundary);
(2) Transportation across county-level administrative regions in key areas with severe drug control situation. The key areas with severe drug control situation shall be determined and adjusted by the Ministry of Public Security, and the list shall be announced separately.
Whoever transports precursor chemicals of Category I shall apply to the public security organ of the municipal people's government located in the transportation area.
Whoever transports Class II precursor chemicals shall submit an application to the public security organ of the people's government at the county level where the transportation takes place.
Transportation of precursor chemicals of Category III shall be filed with the public security organ of the people's government at the county level where it is transported.
Article 16 If the consignor or carrier holds a legally obtained certificate of purchase license or an allocation list of narcotic drugs for transporting ephedrine samples below100g, ephedrine tablets below 60,000 tablets and ephedrine injections below 65,438+500,000 tablets for the preparation formula of medical institutions, it is not necessary to apply for a transportation license for precursor chemicals.
Article 17 Due to the need of treating diseases, patients, close relatives of patients or people entrusted by patients can carry the precursor chemicals of Category I with them on the strength of medical diagnosis certificates issued by medical institutions and personal identification certificates, but the maximum dosage of a single medical prescription shall not be exceeded.
Article 18 Whoever transports precursor chemicals shall apply to the public security organ for transportation license or filing.
When applying for transportation license or filing of precursor chemicals, the following materials shall be submitted:
(a) the business license of the operating enterprise (photocopy, photocopy), the registration certificate or approval document for the establishment of other organizations (original and photocopy), and the personal identification certificate (original and photocopy);
(two) the purchase and sale contract of precursor chemicals (copy);
(three) the identity certificate of the agent (original and photocopy).
Article 19 The public security organ in charge of examination and approval shall examine the application materials submitted by the applicant within 10 days from the date of receiving the application for the transportation license of precursor chemicals of category I and within 3 days from the date of receiving the application for the transportation license of precursor chemicals of category II. To meet the requirements, issue a transport license; If the license is not granted, the reasons shall be explained in writing.
If the public security organ in charge of examination and approval can apply for a transport license on the spot, it shall do so on the spot; If the materials are incomplete and need to be corrected, the applicant shall be informed of the contents that need to be corrected at one time; If the materials provided do not meet the requirements, the reasons shall be explained in writing.
The transportation of precursor chemicals of Category III shall be filed with the public security organ of the people's government at the county level in the place of transportation before transportation. The public security organ shall issue a filing certificate on the day of receiving the filing materials.
Article 20 The public security organ in charge of examination and approval shall verify the authenticity and validity of the application materials submitted by the applicant. When reviewing the purchase and sale contract, the applicant may be required to show the purchase permit or the filing certificate to check whether they are consistent. Check the production scope, business scope, use scope and validity period of the business license and registration certificate (or establishment approval document).
The public security organ may conduct on-site verification when examining the application materials for the transportation license of Class I precursor chemicals. In any of the following circumstances, on-site verification shall be conducted:
(a) the applicant applies for the first time;
(2) The application materials provided do not meet the requirements;
(3) Having doubts about the application materials provided.
Article 21 A valid transport license shall be issued to those who are allowed to transport Class I precursor chemicals, and the validity period shall be 0 months.
For those who are allowed to transport Class II precursor chemicals, a multiple-use transport license valid for 3 months shall be issued; If the precursor chemicals of Category III are transported for the record, a valid record certificate of repeated use for 3 months shall be issued; For transportation within 6 months after receiving the transportation license or transportation filing certificate and ensuring transportation safety, a transportation license or transportation filing certificate valid for 12 months may be issued.
Article 22 Where the carrier accepts the consignor's entrustment for transportation, it shall examine the transportation license or filing certificate provided by the consignor, and check whether the transported goods are consistent with the varieties and quantities of precursor chemicals specified in the transportation license or filing certificate. In case of non-conformity, it shall not be carried.
When examining the transport license or filing certificate provided by the owner, the carrier may ask the public security organ of the local people's government to assist in verification if it is uncertain about its authenticity. The public security organ shall verify it on the spot. If it cannot verify it on the spot, it shall inform the carrier of the verification result within 3 days.
Article 23 When transporting precursor chemicals, transport vehicles shall post labels of precursor chemicals in obvious positions; If it belongs to dangerous chemicals, it shall be transported by a unit with the qualification of transporting dangerous chemicals; If there is a certificate of transportation, the transportation personnel shall carry the transportation license or filing certificate from the date of shipment. The carrier shall send someone to escort or take other effective measures to prevent precursor chemicals from being lost, stolen or robbed.
When transporting precursor chemicals, we should also abide by the state regulations on the transportation of goods.
Article 24 When transporting precursor chemicals, the public security organ shall check whether the transportation conditions are consistent with the contents of the transportation license or filing certificate. Traffic police, public security, drug control, border defense and other departments should strengthen the inspection of the transportation of precursor chemicals in key traffic sections and border areas.
Article 25 The public security organ of the place where precursor chemicals enter or leave the country shall establish a notification system. The public security organ at the place of departure responsible for approval or filing shall notify the public security organ at the same level at the place of departure of precursor chemicals at the end of each quarter, and notify the public security organ at the place of departure after verifying the actual arrival of the goods.
Chapter IV Supervision and Inspection
Article 26 The public security organs of the people's governments at or above the county level shall strengthen supervision and inspection of the purchase, sale and transportation of precursor chemicals, and relevant units and individuals shall actively cooperate. The public security organ shall investigate and deal with illegal acquisition, sale and transportation according to law.
When conducting supervision and inspection of precursor chemicals, public security organs can inspect the site, consult and copy relevant materials, record relevant information, and detain relevant evidence materials and illegal articles according to law; When necessary, the relevant places may be temporarily sealed up.
Units or individuals under inspection shall truthfully provide relevant information, materials and articles, and may not refuse or conceal them.
Twenty-seventh public security organs should properly keep the precursor chemicals collected according to law. For those that can be recycled, they should be recycled; If it cannot be recycled, it shall be destroyed by qualified units in accordance with the relevant provisions of environmental protection laws and administrative regulations to prevent environmental pollution and personal injury. The collected Class I drugs and precursor chemicals shall be destroyed.
The cost of storage and destruction shall be borne by illegal precursor chemicals units or individuals. If the illegal unit or individual cannot afford it, it shall be paid from the recovered income or charged from the anti-drug funds of the public security organ.
Article 28 Units that purchase, sell or transport precursor chemicals shall report the purchase, sale and transport of the previous year to the local county-level public security organ before March 3 1 every year. When a public security organ finds suspicious circumstances, it shall conduct timely inspection and inspection, and may conduct on-site verification when necessary.
Conditional purchase, sale and transportation units can establish computer networking with local public security organs and timely report relevant information.
Twenty-ninth precursor chemicals are lost, stolen or robbed, and the reporting unit shall immediately report to the local public security organ. The public security organ that receives the report shall promptly file a case for investigation and report to the public security organ at a higher level.
Chapter V Legal Liability
Article 30 Anyone who purchases precursor chemicals in violation of regulations shall be confiscated by the public security organ, and be fined more than 20 times the value of the illegally purchased precursor chemicals 10 yuan. If the value of 20 times is less than 10000 yuan, it will be fined 10000 yuan. If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) purchasing precursor chemicals without permission or filing;
(2) using others or forged, altered or invalid licenses or filing certificates to purchase precursor chemicals.
Thirty-first in violation of the provisions of the sale of precursor chemicals, under any of the following circumstances, the public security organ shall impose a fine of 6.5438+0 million yuan on the sales unit; If there is illegal income, a fine of less than 30 thousand yuan shall be imposed, and the illegal income shall be recovered according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Selling precursor chemicals to units or individuals without purchase licenses or filing certificates;
(2) selling precursor chemicals beyond the variety and quantity of the purchase license or the record certificate.
Article 32 Under any of the following circumstances, the public security organ shall confiscate the illegally transported precursor chemicals or illegally transported precursor chemicals.