China began to strengthen its environmental-protection legislation in the 1970s, with provisions to supplement those concerning protection of the environment and natural resources in the Constitution.

Such a system consists roughly of seven parts, that is, the Constitution of the People’s Republic of China, laws on environmental protection, administrative statutes concerning environmental protection, local laws and regulations, rules enforced by environmental protection administrations and local governments, international conventions on protection of the environment, and environmental standards.

The Constitution serves as the base and the core of the country’s environmental legal system. The Environmental Protection Law (revised in 1989) is the fundamental law on environmental protection. All environmental protection laws are adopted and promulgated by the NPC and its Standing Committee, while administrative statutes are formulated and promulgated by the State Council. The related ministries and commissions under the State Council issue environmental protection regulations and rules within the scope of their power. What’s more, the State and localities have also formulated a group of environmental standards.

China has signed and joined some international environmental protection conventions and agreements which include the Vienna Convention on the Protection of the Ozone Layer, Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal, UNEP London Guidelines for the Exchange of Information on Chemicals in International Trade, and Rotterdam Convention on the Prior Informed Consent for Certain Hazardous Chemicals and Pesticides in International Trade. They form an integral part of China’s environmental protection legal system.

4.1. Government Departments Related to Chemicals Management and Their Responsibilities

In China, chemicals are divided by use category into industrial chemicals, agricultural chemicals (fertilizers and pesticides), medicines, veterinary medicines, food additives, disinfectants and cosmetics. Chemicals are involved in various links, including import and export, production, transport, storage, distribution, use and disposal. There are corresponding rules and standards for the management of almost all these links by different departments. The major State departments managing chemicals are as follows:

State Administration of Petroleum and Chemical Industry (management of petrochemical and chemical production);

Ministry of Health (management of occupational health, environmental hygiene, food hygiene and chemicals for daily use)

State Drug Administration (management of medicines)

Ministry of Agriculture (management of pesticides, veterinary medicines and fertilizers)

Ministry of Communications (management of road and water transport)

Ministry of Railways (management of railway transport)

General Administration of Civil Aviation of China (management of air transport)

Ministry of Public Security (fire control, explosion and highly toxic goods management)

State Economic and Trade Commission (management of industrial and occupational safety)

Ministry of Foreign Trade and Economic Cooperation (management of import and export)

State Administration of Internal Trade (management of the domestic distribution of chemicals)

General Administration of Customs (management of entry and exit of imported and exported chemicals)

State Environmental Protection Administration (environmental management of chemicals and hazardous wastes)

State Bureau of Quality and Technical Supervision (management of product quality and hazardous chemicals)

In addition, various related ministries and commissions exercise separate management of the production, use, distribution, transport, import and export of chemicals within their powers and in accordance with State laws and regulations.

4.2 Overview of National Legal Instruments Concerned With the Management of Chemicals

The Chinese Government attaches great importance to the safe management of chemicals, having formulated a series of laws, regulations and standards and having adopted rules and methods concerning chemicals management under the guideline of “safety first, prevention first”. These measures play an active role in effectively controlling the harm done by chemicals. Although special legislation on the control of chemical pollution is not yet available, the Regulations on the Safe Administration of Chemicals and Other Dangerous Materials issued by the State Council cover seven types of hazardous goods. They are toxic chemicals, explosives, compressed and liquid gases, inflammable liquids and solids, spontaneous combustibles and wet combustibles, oxidants, and organic superoxides and corrosives. But radioactive chemicals and chemicals subject to existing special State laws and regulations are excluded. The Regulations stipulate specific rules on the production, use, storage, transport and distribution of hazardous chemicals. China practices a licensing system concerning the production, distribution and import and export of hazardous chemicals, and an examination and approval system concerning the use, storage and transport of such chemicals.

China has also promulgated the Pharmaceuticals Administration Law, Provisional Regulations for the Administration of Veterinary Medicines and the Regulations on the Management of Pesticides. An improved registration and testing system has been established. The Law on the Prevention and Control of Environmental Pollution Caused by Solid Wastes, Food Hygiene Law and Regulations Concerning Hygiene Supervision of Cosmetics have also been enacted for the management of solid wastes, food additives and cosmetics, respectively .

In view of the increasing quantity, variety and danger involved in the import and export of chemicals, and in order to strengthen the management of chemicals, implement the London Guidelines, the State Environmental Protection Administration, General Administration of Customs (GAC), and Ministry of Foreign Trade and Economic Cooperation (MFTEC) jointly issued the Regulations on the Environmental Management of First Import of Chemicals and the Import and Export of Toxic Chemicals and the List of Toxic Chemicals Banned or Strictly Restricted in China (first group) in May 1994.

Because of the great risk potential, frequency of accidents and great difficulties in post-accident settlements, Ministry of Railways has enacted the Rules for the Railway Transport of Dangerous Goods. The Ministry of Communications has enacted the Regulations for the Supervision and Administration of the Water Shipment of Dangerous Goods, Provisional Regulations for the Port Management of Dangerous Goods, and the Regulations for Road Transportation Management of Dangerous Goods.

4.3 Existing Legislation by Use Category Addressing the Various Stages of Handling Chemicals from Production/Import through Disposal

4.3.1 Production License

The Regulations on the Safe Administration of Chemicals and Other Dangerous Materials stipulates that the establishment, expansion and transformation of enterprises engaged in the production of hazardous chemicals shall be subject to examination and approval by the relevant provincial-level government. The party concerned shall apply to the local administration of chemical industry for a production license and shall register with the local administration of industry and commerce.

In accordance with the State Council’s Proposed Regulations Concerning Production Licenses for Industrial Products (1984), the Ministry of Chemical Industry is responsible for the issuing, management and supervision of licenses for the production of chemicals. In 1987 the ministry issued the Rules for the Management of Chemical Production Licenses, which set the qualification requirements for the licenses. Since 1999, the State Bureau of Quality and Technical Supervision became responsible for the issue and management of the Dangerous Chemicals Production Licenses.

The State Pharmaceutical Administration and the State Administration of Petroleum and Chemical Industry are responsible respectively for examining and approving the production and distribution of pharmaceuticals, narcotics, veterinary medicines and pesticides, and for issuing production and distribution licenses.

4.3.2 Registration

Chemical pesticides and the clinical testing of foreign medicines in China are subject to a registration system.

The Regulations on the Management of Pesticides (1997) stipulate that new pesticides imported from abroad or developed in China shall be registered before being put into production; otherwise, the production, marketing and use of them shall be banned. When an application for the registration of such a pesticide is filed, data concerning the composition of the product, its physical and chemical properties, production technology, product standard, applied technology, toxicity, residues and influence on the environment shall be furnished, together with samples.

Where a pesticide has been found to be seriously detrimental to the environment, human beings, animals and other useful organisms following examination by the National Pesticides Register Review Board, the Ministry of Agriculture shall announce restriction on its use or recall its registration.

Foreign medicine research institutes and producers which seek the registration of their products or the conducting of clinical tests in China and thereby apply for import licenses shall be subject to examination and approval by the Pharmaceuticals Administration of the Ministry of Health (currently the State Drug Administration).

In 1990, the Ministry of Chemical Industry published the first list of 50 key kinds (categories) of toxic chemicals for registration and issued the Rules on the Administration of Toxic Chemicals Register (executed on a trial base). Chemical industrial enterprises are required to produce, process, use and store such chemicals in accordance with the procedures provided in the Declaration on New Toxic Substances. Meanwhile, they are required to implement the MSDS (material safety data sheets) system. Toxic Substances Register covers seven parts: identification tag of a toxic substance, physical and chemical properties, technology, distribution of enterprises and workshop protection measures, toxicology, detriment to health and impact on the environment and the ecology, and methods of eliminating leakages.

4.3.3 Storage and Transportation Control

The Regulations on the Safe Administration of Chemicals and Other Dangerous Materials stipulate that the storage of toxic chemicals must meet following requirements:

A. Having special warehouses, grounds and special personnel. Examination and registration must be done before such chemicals are put in storage, and regular checks must be made afterwards. Strict management of the replenishment and distribution of the stock must be exercised.

B. The warehouses shall not be located in thickly populated urban areas, and shall be provided with safety, fire-control, fire-fighting, communication and warning facilities.

C. Hazardous chemicals should be stored and supervised separately by category. The stocks shall not go beyond the limits prescribed by the departments in charge and the public security department.

According to the provisions of the Rules for Railway Transport of Dangerous Goods (1962), the Rules for Road Transportation of Dangerous Goods, the Rules for Dangerous Goods Transported by Automobiles, the Rules for Automobile Transportation and Loading and Unloading of Dangerous Goods, and the Regulations for the Supervision and Administration of the Water Shipment of Dangerous Goods (1982), which list 609 toxic chemicals, the consignor shall register with the railway, highway and port supervision departments, fill out waybills, submit the names, quantity and nature of such chemicals as well as the fire-control and protection measures and poisoning remedies, and supply the prescribed packing signs. In the case of toxic chemicals which are not on the list, the consignor shall submit to the department in charge of communications the danger technology expertise report examined and verified by the relevant provincial or municipal chemical industry department before shipment; the shipment can be carried out only upon examination and approval by the department in charge of communications. The Regulations on the Safe Administration of Chemicals and Other Dangerous Materials also bans the loading of hazardous chemicals on passenger trains and the cabins of ships and airplanes. It also stipulates that trucks carrying hazardous chemicals shall pass through urban areas at the times and along the routes prescribed by the local public security department.

4.3.4 Import/Export Control

China practices a licensing system for imports of goods. In accordance with the provisions of the Interim Regulations on Licensing Imports of Goods, the MFTEC issues the licenses on behalf of the State. The provincial foreign trade administrations may also issue local licenses within the scope fixed by the MFTEC.

The China National Chemicals Import & Export Corporation is responsible for dealing in the import and export of important chemicals including petroleum, fertilizers and natural rubber, while 200 other companies, including local chemicals import and export corporations and the China National Chemical Construction Corporation under the Ministry of Chemical Industry deal in the import and export of the remaining majority part of chemical industrial products. Within their authorized business scope, these companies are exempt from import licenses except in the case of imports restricted by the State.

The Interim Rules on Examination and Approval of Pesticides Imports issued by the Ministry of Chemical Industry in 1985 stipulate that a pesticide to be imported must have obtained an effective registration certificate in China. After the import applicant submits the application to the Ministry of Chemical Industry and gets approval, MFTEC will issue the license. Imports of pharmaceuticals and veterinary medicines are subject to examination and approval by the Ministry of Health and the Ministry of Agriculture, respectively.

According to the Regulations for Implementing the Regulations Concerning Hygiene Supervision of Cosmetics (1991), where a cosmetic is imported for the first time, a foreign manufacturer and its agent shall obtain and fill out the Application for Cosmetic Import Health License at the prefectural health administrative authority of the importing region and submit it directly to the Ministry of Health. A product which passes the examination shall be awarded a “Cosmetic Import Health License” and an approval number, following approval by the Ministry of Health.

According to the Regulations on the Environmental Management of First Import of Chemicals and the Import and Export of Toxic Chemicals jointly issued by the SEPA, MFTEC and General Administration of Customs, the SEPA exercises unified environmental supervision and management over first import of chemicals (excluding food additives, pharmaceuticals, veterinary medicines, cosmetics and radioactive substances) and the import and export of toxic chemicals. The SEPA is also required to be responsible for the implementation of the Prior Informed Consent procedures of the London Guidelines, to publish the list of toxic chemicals banned or strictly restricted in China, and to be responsible for environmental management registration and examination and approval for the first import of chemicals and the import and export of toxic chemicals on the list.

4.4 State Laws, Rules and Regulations Concerning the Management of Chemicals

State laws:

The Environmental Protection Law of the People’s Republic of China was revised and put into effect in 1989. The law was enacted for the purpose of protecting and improving the living environment and ecological environment, preventing and controlling pollution and other public hazards to human health and to promote the development of socialist modernization construction. The environment mentioned in the law refers to the total of various natural elements and artificially transformed natural elements which affect the survival and development of human society. This law applies to the territory of the People’s Republic of China and maritime areas under the jurisdiction of the People’s Republic of China.

The Marine Environment Protection Law of the People’s Republic of China went into force in 1983 and was amended in 1999. The law was enacted for the purpose of protecting the marine environment and resources, preventing pollution, preserving the ecological equilibrium and human health, and promoting the development of marine undertakings. It applies to Chinese inland waters, territorial waters, contiguous zones, exclusive economic zones, continental shelves as well as to other maritime areas under the jurisdiction of the People’s Republic of China.

The Law of the People’s Republic of China on the Prevention and Control of Water Pollution went into force in 1984, and was revised in 1995. This law was enacted for the purpose of preventing and controlling water pollution, and protecting and improving the environment to safeguard human health, guarantee the effective utilization of water resources and promote the development of socialist modernization construction. It is aimed at pollution prevention and control of surface waters, including rivers, lakes, canals, irrigation ditches and reservoirs, as well as underground waters.

The Law of the People’s Republic of China on the Prevention and Control of Air Pollution went into force in 1988, and was revised in 1995 and 2000. This law was enacted for the purpose of protecting and improving the living and ecological environments, safeguarding human health and promoting the development of socialist modernization construction.

The Pharmaceuticals Administration Law of the People’s Republic of China was promulgated on September 20, 1984. A pharmaceuticals manufacturer can go into business only after obtaining a Pharmaceuticals Manufacturer’s License. The administration of industry and commerce shall not grant the proposed manufacturer a business license if the latter has not obtained a Pharmaceuticals Manufacturer’s License.

The Law on the Prevention and Control of Environmental Pollution Caused by Solid Wastes went into force in 1996. It was enacted for the purpose of preventing solid wastes from contaminating the environment, safeguarding human health and promoting the development of socialist modernization construction. It is aimed at the prevention and control of environmental pollution caused by solid wastes within the territory of the People’s Republic of China.

The Food Hygiene Law of the People’s Republic of China went into force on October 30, 1995. It administers food production and distribution within the territory of China.

The Law of People’s Republic of China on Fire Control went into force in 1998. It administers the danger of fire from combustible and explosive chemicals during the process of production, use, storage, distribution and transportation.

Rules and Regulations:

The Regulations on the Safe Administration of Chemicals and Other Dangerous Materials, issued by the State Council on February 17, 1987, administer the production, storage, distribution, transport and use of chemicals and other dangerous materials.

The Regulations for Implementing the Regulations on the Safe Administration of Chemicals and Other Dangerous Materials, jointly issued by the Ministry of Chemical Industry and the Economic and Trade Office of the State Council, apply to manufacturers of hazardous chemicals or other manufacturers using hazardous chemicals as raw materials, competent administrative bodies and supervisory bodies at various levels, related scientific research institutes and design institutes.

The Rules on the Administration of Toxic Chemicals Register, issued by the Ministry of Chemical Industry on April 15, 1993, apply to enterprises and institutions producing and using toxic chemicals. They focus on the methods and administration of toxic chemicals registration, including a list of 53 toxic chemicals on the Toxic Chemicals Register, MSDS, Declaration on New Toxic Substances, and priority registration and management.

The Regulations on the Environmental Management of First Import of Chemicals and the Import and Export of Toxic Chemicals were jointly issued by the SEPA, the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation on May 1, 1994. These Regulations administer the first import of chemicals and the import and export of chemicals on the List of Toxic Chemicals Banned or Strictly Restricted in China. Food additives, pharmaceuticals, veterinary medicines, cosmetics and radioactive substances are excluded. So far, there are 27 chemicals on the list.

The Rules for the Management of Chemical Production Licenses, issued by the Ministry of Chemical Industry in 1987, stipulate that an enterprise must meet the following requirements before obtaining a chemicals production license: a) Having a business license issued by the administration of industry and commerce; b) The products must be up to the existing State standard or professional (ministerial) standard; c) Having the prescribed production technology, equipment, professional and technical requirements, and facilities to ensure safe production, industrial hygiene and environmental protection.

The Rules for the Granting of Hazardous Chemicals Distribution Licenses were jointly issued by the former Ministry of Commerce, State Planning Commission, Ministry of Public Security, State Administration of Industry and Commerce, State Bureau of Materials and Equipment Supplies and State Pharmaceuticals Administration. These Rules apply to enterprises distributing and marketing poisonous chemicals.

The Rules on the Safety in Use of Chemicals at Workplace were jointly issued by the Ministry of Labor and Ministry of Chemical Industry on January 1, 1997. These Rules apply to all units and employees engaged in the production, marketing, transport, storage and use of chemicals, and involve identification, classification and registration of chemical danger, and the safety labeling and technical safety specifications of hazardous chemicals.

The Rules on the Administration of Pollutant Discharge Declaration and Registration were issued in 1992 by the State Environmental Protection Administration. These Rules apply to the declaration and registration of the discharge of pollutants.

The Rules Concerning Environmental Pollution Caused in the Production of Chromium Compounds were issued by the Ministry of Chemical Industry and the State Environmental Protection Administration on May 5, 1992. These Rules apply to all enterprises and individuals engaging in the designing and building of chromium compound plants and in the production of chromium compounds.

The Regulations on the Administration of Environmental Protection in Construction Projects was adopted by the State Council on November 18, 1998. All units concerned are required to observe the standards for pollutants discharge in order to prevent construction projects from generating new pollution and damaging the ecological environment.

The Regulations on Control of Dumping Wastes in the Ocean, issued by the State Council in 1985, stipulate that to dump or otherwise dispose of wastes in sea, the party concerned must file in advance an application to the oceanic administration, and may carry out the operation only upon obtaining approval and a waste dumping license. The Regulations prohibit the dumping of four types of wastes, including organic halogen compounds and mercury and its compounds, in the sea. Special licenses are required to dump nine types of wastes containing arsenic and lead in the sea.

The Interim Regulations on Environmental Protection Management of Wastes Imports were jointly issued by the SEPA, MFTEC, General Administration of Customs, State Administration of Industry and Commerce and State Administration for Commodity Inspection on March 1, 1996. These Regulations apply to the import of wastes and relevant environmental supervision and management within the territory of the People’s Republic of China. Imported wastes may not be dumped, stockpiled or disposed within China’s territory. The SEPA exercises supervision and management of imports of wastes nationwide.

The Rules on Preventing Electrical Devices Containing Polychlorinated Biphenyles and Their Wastes from Polluting the Environment were issued by the SEPA and the Ministry of Energy on January 23, 1991. These Rules apply to power capacitors, transformers and other devices using polychlorinated biphenyles as host materials and the resulting wastes containing polychlorinated biphenyles.

The Regulations of the People’s Republic of China Concerning the Administration of Civil Explosives were issued by the State Council on January 6, 1984. The production, storage, marketing, purchase, transport and use of civil explosives are subject to strict management according to the Regulations.

The Rules on Fire Control Supervision and Management of Inflammable and Explosive Chemicals were issued by the Ministry of Public Security on March 24, 1994, and apply to units and individuals engaging in the production, use, storage and distribution of inflammable and explosive chemicals. The details of supervision and administration are provided by the safety verification system and the Fire Safety License.

The Rules of the Ministry of Railways Concerning the Transport of Dangerous Goods were issued by the Ministry of Railways in 1995. They administer the packaging and transportation of hazardous chemicals.

The Regulations Concerning Hygiene Supervision of Cosmetics were issued by the State Council on January 1, 1990. They apply to all organizations and individuals engaging in the production and marketing of cosmetics.

The Regulations on the Management of Pesticides were issued by the State Council on May 8, 1997. They administer various types of pesticides used against agricultural, forestry and animal husbandry diseases, pests, weeds and other pernicious organisms, and for regulating the growth of plants (including the sources of chemical pesticides and preparations, and biological pesticides), including new types of pesticides made in China and pesticides marketed in China by foreign manufacturers.

The Regulations for the Administration of Veterinary Medicines were issued by the State Council on January 1, 1988. They govern veterinary pharmaceuticals manufacturers and dealers, pharmaceuticals management of veterinary hospitals and stations, examination and approval of new veterinary medicines, and the import and export of veterinary medicines.

The Rules on the Safe Use of Pesticides were issued by the Ministry of Agriculture and Ministry of Health on June 5, 1982. These Rules administer the classification of pesticides, use scope of pesticides, purchase, transport and storage of pesticides, points for attention related to the use of pesticides, selection of personnel applying pesticides and human health protection.

The Rules for Management on Transportation of Dangerous Goods by Water was issued by Ministry of Communications in 1996. The Rules administer domestic shipment of dangerous chemicals.

The Regulations on the Administrative Protection of Agricultural Chemicals were issued by the State Council on January 1, 1993. The Regulations give administrative protection to the legal rights of owners of imported agricultural chemicals.

Rules of the Ministry of Chemical Industry for Implementing the Regulations on the Management of Pesticides were issued on January 16, 1998, and outline the provisions concerning the administration of chemical industrial departments over pesticides production.

The Rules for Implementing the Regulations on the Management of Pesticides were issued by the Ministry of Agriculture on July 23, 1999. According to the Rules, the agricultural departments are responsible for the testing, registration, distribution, use and post-registration supervision and management of pesticides.

The Rules for Supervision and Management on Fire Control and Safety of Flammable and Explosive Goods were issued by the Ministry of Public Security in 1994.

The Rules for Management on Road Transportation of Dangerous Goods were issued in 1993.

4.5 Standards Relating to the Management of Chemicals

The Classification and Identification of Common Hazardous Chemicals (GB 57-92) classifies common hazardous chemicals by their major hazard types, and specifies the danger standards and the packaging signs for hazardous chemicals.

The Level, Classification and Code of Hypertoxic Substances (GA 57-93) divides highly toxic substances into Grade A and B organic virulent toxicants and Grade A and B inorganic virulent toxicants, according to their chemical classification and toxicity.

The List of Hypertoxic Substances (GA58-93) includes names and codes of some 500 high toxic substances.

The Principles for Preparing Safety Labels for Hazardous Chemicals (GB/T 15258-94) specify the information that safety labels should supply as well as the form of preparing such labels. There are also specifications for the printing and use of the labels.

The Principles for the Naming of Hazardous Goods (GB 7694-87) specify the rules for the naming of hazardous chemicals.

The Name List of Hazardous Goods (GB 12268-90) includes the names of more than 5,000 hazardous chemicals in nine categories.

The Grading of Hazards from Occupational Exposure to Toxic Substances (GB 5044-85) classifies the types of detriment to human health from occupational exposure to toxic chemicals, including raw materials, finished products, semi-finished products, intermediates, reaction by-products and impure substances, the toxicity of which may intrude into the human body through the respiratory tract, skin or mouth, into four degrees: extremely high, high, intermediate and light.

The Principles for Classification of Dangerous Goods Transportation Packaging (GB/T 15089-94) specify the basic principles for the transportation packaging classification of various types of dangerous goods. The dangerous goods are divided into three packaging classes — Class I, Class II and Class III — according to their degrees of hazard.

The List of Package Logos of Dangerous Goods (GB 190-90) specifies the type, name, size and color of the logos to be represented on packages of dangerous goods. There are a total of 21 such logos.

The General Rules Concerning the Storage of Common Hazardous Chemicals (GB15603-1995) detail the requirements concerning the ways of storage, warehouse management and disposal of wastes according to the properties of the various types of hazardous chemicals.

The Standards for the Safe Use of Pesticides of the People’s Republic of China include the Guidelines (I) on the Rational Use of Pesticides (GB 8321.1-87), Guidelines (II) on the Rational Use of Pesticides (GB 8321.2-87), Guidelines (III) on the Rational Use of Pesticides (GB 8321.3-89), Guidelines (IV) on the Rational Use of Pesticides (GB 8321.4-93) and Guidelines (V) on the Rational Use of Pesticides (GB 8321.5-97).

The Procedures for Toxicological Safety Assessment of Pesticides apply to various types of pesticides which require a toxicological safety assessment.

The Rules for the Preparation of Technical Instructions on Chemical Safety(GB 16483-1996) mainly cover the technical rules of the Material Safety Data Sheets.

The Classification of Goods Dangerous to Transport and Their Designations (GB-6944-86) applies to the classification of dangerous goods and their designations during transportation.

The Rules for Automobile Transportation of Goods, JT3130-88.

The Basic Requirements and Tests of Packing for Dangerous Goods Transported on Road and by Water, JT0017-88.

The Rules for Automobile Transportation and Loading and Unloading of Dangerous Goods, JT3145-88.

The Cosmetic Safety Assessment Procedures and Methods of the People’s Republic of China (GB 7919-87) apply to all cosmetic raw materials and products made and marketed in China.

The Standards for Cosmetic Hygiene (GB 7916-87) apply to producers of and dealers in cosmetics, and importers of cosmetics..

The Chemical Standard Test Methods for Cosmetic Hygiene (GB 7917.1-7918.4-87) were issued by the Ministry of Health on October 1, 1987.

The Proposed Procedures for Food Safety Toxicological Assessment apply to chemical and biological substances used for producing, processing and preserving food; hazardous substances generated during the course of food production, processing, transportation, marketing and preservation; new food resources and their composition; and other hazardous substances in food.

The Labor Health Standards and the Environmental Health Standards for Chemicals and Health Standards for Disinfectants were issued by the Ministry of Health.

Rules of Gas Protection during the Storage and Transportation, Marketing and Use of Pesticides was issued by the State Bureau of Quality and Technical Supervision and went into force on September 1, 1991.

4.6 International Chemical Conventions Under Implementation

London Guidelines for the Exchange of Information on Chemicals in International Trade (amended in 1989);

International Marine Dangerous Goods Code (International Maritime Organization);

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (1997);

The ILO 1990 Convention on the Safety of Chemicals at the Workplace (No. 170);

The Basel Convention on Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal (1989);

The Vienna Convention on the Protection of the Ozone Layer (1989);

United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;

Rotterdam Convention on the Prior Informed Consent for Certain Hazardous Chemicals and Pesticides in International Trade (1998).

4.7 Comments/Analysis

As the management of chemicals involves a great number of functional departments, plus restrictions imposed by China’s national conditions and limited technological support capacity, none of these laws and regulations has been executed to a satisfactory extent. Complete legislation on chemicals management at the national level is not available yet, and the existing legislation does not form a complete system. Laws and regulations on the management of new chemical substances and chemicals that require priority management are lacking. In addition, the environmental management of chemicals remains a weak link. All the existing laws and regulations are aimed at certain categories of chemicals or certain aspects of chemicals management.

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