Measures for the Administration of Registration of Hazardous Chemicals in China (2002) – Full Text

Measures for the Administration of Registration of Hazardous
Chemicals in China (2002) – Full Text
By Order of the State Economic and Trade Commission of the People’s Republic of China No.35


















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Measures for the Administration of Registration of Hazardous
Chemicals in China (2002)

By Order of the State Economic and Trade Commission of the People’s Republic of China No.35, The
Measures for the Administration of Registration of Hazardous Chemicals, which were adopted at the
director executive meeting of the State Economic and Trade Commission, are hereby promulgated and
shall enter into force on November 15, 2002.


Chapter I General Rules

Article 1 In order to strengthen the safety administration of hazardous chemicals, to
prevent chemical accidents and to provide technology and information support for
emergent rescue, the present Measures are formulated in accordance with the
Regulations on the Safety Administration of Hazardous Chemicals.

Article 2 The present Measures shall apply to the entities that produce or store
hazardous chemicals and those that use highly toxic chemicals or use other hazardous
chemicals the quantities of which constitute major hazard sources within the People’s
Republic of China (hereinafter referred to as register entities).

Article 3 Scope of the registration of hazardous chemicals:

1) Hazardous chemicals included in the standard Name List of Hazardous
Chemicals （GB 12268） of the state;

2) Other hazardous chemicals that are determined and promulgated by the State
Administration of Safe Production Supervision in conjunction with the departments of
public security, environment protection, health, quality control and communication under
the State Council, but not included in the Name List of Hazardous Chemicals.

The State Bureau of Safe Production Supervision and Administration shall
summarize and promulgate the Catalog of Hazardous Chemicals according to the
hazardous chemicals determined in Items 1) and 2).

The register entities of hazardous chemicals are: the entities that produce and store
hazardous chemicals (hereinafter referred to as production entities and storage entities),
and the entities that use highly toxic chemicals and use other hazardous chemicals the
quantities of which constitute major hazard sources (hereinafter referred to as use
entities).

The production entities, storage entities and use entities shall refer to the legal
persons or non-legal persons that have made registration with the industry and
commerce authorities.

Article 4 The State Bureau of Safe Production Supervision and Administration shall
be in charge of the supervision and administration of the registration of hazardous
chemicals of the whole country.
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The bodies of safe production supervision and administration of the provinces,
autonomous regions and municipalities directly under the Central Government shall be
in charge of the supervision and administration of the registration of hazardous
chemicals within their respective administrative areas.

Chapter II Registration Bodies

Article 5 The state shall establish the National Chemical Registration Center
(hereinafter referred to as Registration Center) to undertake the specific work and
technical management of the registration of hazardous chemicals of the whole country.

The provinces, autonomous regions and municipalities directly under the Central
Government shall establish chemical registration offices (hereinafter referred to as
registration offices) to undertake the specific work and technical management of the
registration of hazardous chemicals of their respective areas.

Article 6 The State Bureau of Safe Production Supervision and Administration shall
supervise and administer the Registration Center; and the bodies of safe production
supervision and administration of the provinces, autonomous regions and municipalities
directly under the Central Government shall supervise and administer the registration
offices under their respective jurisdiction.

Article 7 The Registration Center shall perform the following duties:

1) Organizing, coordinating and directing the registration of hazardous chemicals of
the whole country;

2) Being responsible for the issuance of registration certificates of hazardous
chemicals and the management of registration numbers of the whole country;

3) Establishing and maintaining the national hazardous chemical registration
administration database and the dynamic statistics and analysis information system;

4) Setting up the state emergent consultation phone for chemical accidents, and
establishing the emergent rescue information networks jointly with the registration
offices of the localities to provide chemical accident emergent consultation services;

5) Organizing evaluations of the hazardous nature of new chemicals; and
classifying the unclassified chemicals by their hazardous nature in a unified way;

6) Being responsible for the training of registration personnel of hazardous
chemicals of the whole country.

Article 8 The registration offices shall perform the following duties:

1) Organizing the registration of hazardous chemicals of their respective areas;

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2) Verifying the matters applied for registration by the register entities;

3) Examining the normalization and consistency of the chemical safety technical
specifications and chemical safety labels drawn up by the production entities;

4) Establishing hazardous chemicals registration administration databases and
dynamic statistics and analysis information systems of their respective areas;

5) Providing chemical accident emergent consultation services.

Article 9 Staff members of the Registration Center and registration offices that
engage in the registration of hazardous chemicals （hereinafter referred to as
registration staff） must go through the unified training, pass the examinations given by
the State Bureau of Safe Production Supervision and Administration and draw the Post
Certificate of Hazardous Chemical Registration Staff （hereinafter referred to as
Registration Post Certificate） before they may assume their posts.

Article 10 The Registration Center shall have more than 10 registration staff with
the Registration Post Certificate, and each registration office shall have more than 3
registration staff with the Registration Post Certificate.

Article 11 The Registration Center and registration offices shall formulate strict work
rules and procedures, provide satisfactory services to the register entities and keep the
commercial secrets of the register entities.

Article 12 The Registration Center shall report, in written form, on the registration of
hazardous chemicals of the whole country to the State Bureau of Safe Production
Supervision and Administration every year; and each registration office shall report, in
written form, on the registration of hazardous chemicals of its area to the body of safe
production supervision and administration of the province, autonomous region or
municipality directly under the Central Government every year. Copies of the reports of
the local registration offices shall be sent to the Registration Center at the same time.

Chapter III Time, Matters and Procedures of the Registration

Article 13 The register entities shall go through the formalities for registration of
hazardous chemicals within 6 months from the day of promulgation of the Catalog of
Hazardous Chemicals.

With respect to the hazardous chemicals of which the hazardous natures are
unclear, the production entity shall, within 1 year from the day of implementation of the
present Measures, entrust the professional technical agencies recognized by the State
Bureau of Safe Production Supervision and Administration to appraise and evaluate
their hazardous natures, and shall go through the registration formalities on the basis of
the appraise and evaluation reports.

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With respect to new chemicals, the production entity shall, within 1 year before the
new chemicals are put into production, entrust the professional technical agencies
recognized by the State Bureau of Safe Production Supervision and Administration to
appraise and evaluate their hazardous natures, and shall go through the registration
formalities on the basis of the appraise and evaluation reports.

A newly established production entity shall go through the formalities for
registration of hazardous chemicals before starting production.

In case of major changes in the production scale or in the product categories as
well as in the physical and chemical characteristics of the products, the register entities
that have made the registration shall, within 3 months, make a new registration of the
major changes.

Article 14 The matters that a production entity shall register include:

1） Basic information of the production entity;

2） Production capacity, quantities needed annually, maximum storage quantities
of the hazard chemicals;

3） Product standards of the hazard chemicals;

4） Appraisal and evaluation reports on hazardous natures of new chemicals and
the chemicals with unclear hazardous natures;

5） Chemical safety technical specifications and chemical safety labels;

6） Emergent consultation service telephone.

Article 15 The matters that a storage entity or use entity shall register include:

1） Basic information of the storage entity or use entity;

2） Categories and quantities of the hazard chemicals stored or used;

3） Safety technical specifications and safety labels of the hazard chemicals stored
or used.

Article 16 Registration procedures:

1） The register entity shall draw the Hazardous Chemical Registration Form from
the registration office of the province, autonomous region or municipality directly under
the Central Government where it is located, and faithfully fill out the form according to
the requirements.

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2） The register entity shall provide the registration materials to the registration
office by written documents and electronic documents.

3） The registration office shall examine the hazardous chemical registration files
submitted by the register entity within 20 days from the day of submission, and may
conduct on-spot verification if necessary, register the hazardous chemicals and the
register entities that meet the requirements, record the relevant data into the hazardous
chemical administration database of the area and submit the registration materials to
the Registration Center.

4） The Registration Center shall, within 10 days from receiving the registration
materials submitted by the registration office, make necessary examination and record
the relevant data into the national hazardous chemical administration database before
issuing the hazardous chemical registration certificate and registration number to the
register entity through the registration office.

5） The registration office shall, within 5 days from receiving the registration
certificate and registration number, serve the certificate and number to the register
entity or notify the register entity to draw them.

Article 17 When making registration, a production entity shall submit the following
materials to the registration office of the province, autonomous region or municipality
directly under the Central Government where it is located:

1） Hazardous Chemical Registration Form in triplication and one piece of the
electronic version thereof;

2） Two copies of the business license;

3） Reports on the appraisal, classification and evaluation of the chemicals with
unclear hazardous natures or of the new chemicals, three pieces of each;

4） Chemical safety technical specification and chemical safety label, three pieces
and one electronic version of each;

5） Emergent consultation service telephone number. If a relevant agency has
been entrusted to set up the emergent consultation service telephone, the trust deed for
emergent services shall be provided;

6） Product standards of the hazardous chemicals to be registered （if the state
standards or industrial standards are adopted, the standard numbers shall be
provided）.

A storage entity or use entity shall submit the materials provided for in Items 1）,
2） and 4） above mentioned.

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Article 18 The valid term of a registration certification of hazardous chemicals is 3
years. The register entity shall, within 3 months prior to the expiration of the valid term,
go through the review with the registration office of the province, autonomous region or
municipality directly under the Central Government where it is located. The contents to
be reviewed shall include: alteration of the basic information of the production entity,
storage entity or use entity, and updates of the safety technical specification and safety
label etc.

Article 19 A register entity shall perform the following obligations:

1） Making general examinations of its hazardous chemicals and establish the
administration archives of hazardous chemicals;

2） Faithfully filling out the registration materials of hazardous chemicals;

3） Appraising, classifying and evaluating the chemicals with unclear hazardous
natures or the new chemicals produced by the entity;

4） A production entity shall correctly draw up the chemical technical specifications
according to the national standard and provide the specifications to the users, hang or
stick the chemical safety labels onto the packaging of the products, provide accurate
and reliable data and be responsible for the authenticity of the data;

5） A storage entity or use entity of hazardous chemicals shall ask for the safety
technical specifications from the entity supplying the products;

6） A production entity must provide the users with the chemical accident emergent
consultation services, and provide technical directions and necessary assistance for
emergent rescue in chemical accidents;

7） Assisting the registration staff to make verification of the hazardous chemical
registration of the entity when necessary.

Article 20 When a production entity terminates the production of hazardous
chemicals, it shall go through the formalities for writing off the registration within 3
months from the termination of production.

Where a use entity terminates the use of hazardous chemicals, it shall go through
the formalities for writing off the registration within 3 months from the termination of use.

Chapter IV Penalty provisions

Article 21 If a production entity, storage entity or use entity is in any of the following
situations, the body of safety production supervision and administration at or above the
county level shall order it to correct its behavior and impose on it a fine of less than
30,000 yuan regarding the seriousness of the circumstances:

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1） Failing to make the registration of hazardous chemicals pursuant to the
provisions, or failing to make the registration within 6 months from the day of receipt of
the notification for registration;

2） Failing to provide the emergent consultation services to the users;

3） Transferring, renting or forging the registration certificate;

4） A register entity that has made the registration failing to go through the
registration formalities anew pursuant to the provisions in case of major changes in the
production scale, or the product categories, or the physical and chemical characteristics
of the products;

5） Failing to apply for review pursuant to the provisions after the hazard chemical
registration certificate expires;

6） A production entity or use entity failing to go through the formalities for writing
off the registration in time pursuant to the provisions in case of termination of the
production or termination of use of hazardous chemicals.

Article 22 If the staff of the Registration Center or registration office operate against
the rules, conduct fraudulent acts, overissue the certificates, or fail to make the
registration within the prescribed time limit without due cases and give no clear answer,
or disclose the commercial secrets of the register entities, the body of safe production
supervision and administration at or above the provincial level shall order them to
correct their behaviors, and shall give administrative punishments to the relevant
responsible personnel, and shall investigate for the responsibilities of the principal of the
Registration Center or registration office.

Chapter V Supplementary Rules

Article 23 The hazard chemical registration forms, the hazard chemical registration
certificates and the post certificates of hazard chemical registration staff shall be
uniformly printed by the State Bureau of Safe Production Supervision and
Administration.

Article 24 The power to interpret the present Measures shall be authorized to the
State Bureau of Safe Production Supervision and Administration.

Article 25 The present Measures shall enter into force on November 15, 2002, and
the Provisions on the Administration of Registration of Hazards Chemicals promulgated
by the State Economic and Trade Commission on September 11, 2000 shall be
abolished simultaneously.


- End -

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