5.1 General Framework of Chemicals Management in China

In China, chemicals are divided by their use category into industrial chemicals, agricultural chemicals (chemical fertilizers, pesticides), medicines, veterinary medicines, food additives and cosmetics. Chemicals management involves all stages of the chemical life cycle from import and export, production, transport, storage, marketing and use to disposal. China has formulated a number of laws, regulations and standards for the management of chemicals, which are, however, far from perfect. It is, therefore, a top-priority task to build up a complete and sound system of legislation for chemicals management.

The NPC Standing Committee of the People’s Republic of China formulates and promulgates national laws, including laws relating to chemicals. The State Council formulates and promulgates national regulations and rules, including those relating to chemicals. The relevant ministries and commissions formulate and issue regulations and standards for chemicals under national or sectoral management. In addition, some provinces, municipalities and autonomous regions have formulated local legislation and standards. All these form a general framework for chemicals management in China.

In terms of administration, the State Environmental Protection Administration is responsible for the pollution control and environmental protection aspect of chemicals. The authority of chemical industry is responsible for the production and safety of chemicals. The Ministry of Health is responsible for toxicity tests of chemicals and the administration of occupational sites, environmental hygiene, and hygiene of food and chemicals for daily use. The Ministry of Communications is responsible for safety in the transportation of chemicals. The Ministry of Agriculture is responsible for the use and management of agricultural chemicals. The authorities in charge of public security and fire control are responsible for security in relation to flammable and explosive chemicals and the leakage of highly toxic chemicals. Table 5.1 provides a general overview of ministerial responsibilities related to chemicals management for each stage of the chemical life cycle from production/import through disposal.

5.2 Responsibilities of Different Ministries

The SEPA, an organization directly under the State Council, is the highest administrative authority responsible for environmental protection in China. It has corresponding agencies in various provinces, municipalities and autonomous regions as well as in prefectures and counties. The SEPA takes charge of environmental protection work nationwide, which mainly includes pollution control, protection of the natural ecology and environmental monitoring. Chemicals management is also one of important tasks of environmental protection.

Table 5.1 Government Departments and Their Responsibilities

The SEPA, in accordance with the Regulations on the Environmental Management of First Import of Chemicals and the Import and Export of Toxic Chemicals, is responsible for the examination and approval of chemicals import and export, environmental supervision and management in chemical production and use, and for the emergency responding to and handling of chemical contamination accidents. It participates in international activities concerning the environmental management of chemicals on behalf of the State and coordinates with other departments concerned to participate in international activities. It participates in the formulation of international conventions and agreements concerning the environmental management of chemicals, and is responsible for the execution of such international conventions and agreements within China. It is also responsible for inter-departmental coordination in carrying out environmental protection.

The SETC and the State Administration of Petroleum and Chemical Industry (SAPCI) are responsible for the supervision and management of the production, transportation, storage and use of hazardous chemicals in accordance with the Regulations on the Safe Administration of Chemicals and Other Dangerous Materials. They exercise the power of examination and approval over the establishment of hazardous chemicals plants and the expansion or transformation projects of existing hazardous chemicals plants. They issue production licenses to manufacturers of hazardous chemicals, and take charge of safety registration for manufacturers and users of hazardous chemicals. They are also responsible for safety and workers’ health during the process of chemicals production, transportation, storage and use.

In addition, they exercise supervision and management of the production of pesticides across the country, in accordance with the Regulations on the Management of Pesticides, practicing a system of examination and approval for manufacturers of pesticides and a licensing system for the production of pesticides.

In accordance with the provisions of the Food Hygiene Law, the Law on the Prevention and Control of Contagious Diseases and the Regulations Concerning Hygiene Supervision of Cosmetics, the Ministry of Health is responsible for making chemical toxicity assessments and assessments of the harmfulness to human health of chemicals; exercising supervision and management over food, food additives, cosmetics and disinfectants; and carrying out safety assessments.

It is also responsible for the control and assessment of the harmfulness of chemicals to human health; chemical toxicity assessment and poisoning prevention and control; occupational health of workers in the course of producing and using chemicals; and the public health management of chemicals.

The SDA exercises supervision and management of the production, distribution and use of medicines, in accordance with the Pharmaceuticals Administration Law.

The State empowers the Ministry of Agriculture to exercise the management of agricultural chemicals (pesticides, fertilizers), veterinary medicines and animal food additives.

The Ministry of Agriculture exercises supervision and management of pesticides at the national level, in accordance with the Regulations on the Management of Pesticides. The State carries out a pesticide registration system. All pesticides made domestically or imported from abroad must be registered with the ministry, and may not be put on the market until the registration is approved. The ministry is also responsible for the safe use of pesticides and for formulating standards for the rational use of pesticides.

It has the power to exercise management of the production and distribution of veterinary medicines, to examine and approve new veterinary medicines and manage the import and export of veterinary medicines, in accordance with the Regulations for the Administration of Veterinary Medicines.

It exercises management of the production and registration of feed additives, in accordance with the Regulations on the Administration of Feeds and Feed Additives.

It is responsible for the national registration of fertilizers (including chemical fertilizers) in accordance with the provisions of the State Council on the determination of functions.

This bureau is responsible for quality control and management of dangerous chemicals, issuing of dangerous chemicals production licenses as well as for the standardization of chemicals.

This ministry is responsible for the management of the transportation of explosives, compressed and liquid gas, combustible liquids and solids, spontaneous combustibles and wet combustibles, oxidants, poisons and corrosives by sea, inland waterways and highways.

This ministry is responsible for the management of rail transportation of explosives, compressed and liquid gas, combustible liquids and solids, spontaneous combustibles and wet combustibles, oxidants, poisons and corrosives.

The GACAC is responsible for the management of air transportation of explosives, compressed and liquid gas, combustible liquids and solids, spontaneous combustibles and wet combustibles, oxidants, poisons and corrosives.

This ministry is responsible for security in the course of the production, storage, use and transportation of flammable, explosive chemicals and highly toxic chemicals.

It exercises management over the import and export of chemicals.

This ministry is responsible for management of import and export companies.

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