Article 7 The State carries out the unified planning, rational arrangement, and strict control over the manufacture and storage of dangerous chemicals, and implements the system to examine and approve the manufacture and storage of dangerous chemicals. Without examination and approval of the State, any units and individuals shall not manufacture or storage dangerous chemicals.

The people’s governments at the municipality level (with districts established within the municipality ) shall, according to the local actual demand for the economic development, allocate the appropriate areas to be specialized for the manufacture and storage of dangerous chemicals in accordance with the principle of ensuring safety when making the overall planning.

Article 8 An enterprise for manufacture or storage of dangerous chemicals must fulfill the following qualifications:

(1) It shall have the manufacture techniques, equipment, or warehousing means and facilities meeting the national standards;

(2) The distance of protection around factories and warehouses shall meet the national standards or the relevant provisions of the State;

(3) It shall have the management and technical personnel satisfying the demand for manufacture or storage;

(4) It shall have healthy safety control system; and

(5) It shall have full qualifications as required by laws, regulations, and national standards..

　

Article 9 In order to establish an enterprise for the manufacture or storage of hyper-toxic chemicals, and an enterprise for the manufacture or storage of other dangerous chemicals, the applications shall be filed to the administrative department in charge of economy and trade of the relevant province, autonomous region, or municipality directly under the Central People’s Government and the administrative department in charge of the overall work of supervision and administration of safety in dangerous chemicals of the people’s government at the municipality level (with districts) respectively, and submit the following documents:

(1) The feasibility research report;

(2) Indicators of physical chemical properties such as ignition point, spontaneous combustion point, flash point, limits of explosion, toxicity, etc. of raw materials, intermediary products, final products, or stored dangerous chemicals;

(3) Technical requirements on the packing, storage, and transportation;

(4) A safety evaluation report;

(5) Measures emergency rescue; and

(6) The supporting documents fulfilling conditions of Article 8 herein.

The administrative departments in charge of economy and trade of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central People’s Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts) shall organize the relevant experts to examine the applications received and the documents submitted, and shall report the examination opinions of these experts to the people’s governments at the same levels to make decisions of approval or disapproval. According the decisions of the people’s governments, the administrative departments in charge of economy and trade of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central People’s Government, or the administrative departments in charge of the overall work of supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts) shall issue the documents of approval to the approved applicant; otherwise, they shall notify the disapproved applicants in writing.

The approved applicants shall go through the registration formalities with the administrations for industry and commerce depending on the documents of approval.

Article 10 Except the fueling stations for means of transport, such quantity of the installations manufacturing and storing dangerous chemicals constituting the serious hazard sources and the distance from the following places and areas must satisfy the national standards or the relevant provisions of the State:

(1) Resident estates, commercial centers, parks, and other densely inhabited districts;

(2) Schools, hospitals, cinemas, stadiums, gymnasiums, and other public facilities;

(3) Water supply sources, water plants, and water source protection zones;

(4) Stations, docks (excluding those specialized for loading and unloading of dangerous chemicals upon approval according to the relevant provisions of the State), airports, highways, railways, waterway main lines, wind booths, entrance, and exit of underground railways;

(5) The basic farmland protection zones, animal husbandry zones, fishing waters, and bases to produce seeds, breeders, and offspring of aquatic products;

(6) Rivers, lakes, places of historical interest and scenic spots, and natural protection zones;

(7) Prohibited military zones and military control zones; and

(8) Other areas to be protected by laws and administrative regulations.

In case that the quantity of installations manufacturing dangerous chemicals that have been built, and the storage facilities that constitute the serious hazard sources does not fulfill the provisions of the preceding Paragraph, the administrative departments in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the people’s governments at the municipality level (with districts established within the municipality ) shall supervise the parties concerned to make rectification and improvement within the specified time limit. The change of the line of production, the stoppage of production, the move, or shutdown shall be reported to the people’s governments at the same levels for approval, and carry out such activities upon approval.

“Serious hazard sources” as referred to herein means cells (including places and installations) in which the dangerous chemicals are manufactured, transported, used, or stored, or the wasted chemicals are disposed of , and the quantity of dangerous chemicals is equal to or exceeds the threshold quantity.

Article 11 The reconstruction or expansion of an enterprise for manufacture or storage of dangerous chemicals must be examined and approved in accordance with the provisions of Article 9 herein.

Article 12 An enterprise to manufacture dangerous chemicals that is established according to law must apply to the administrative department in charge of quality control of the State Council for drawing the license for manufacturing dangerous chemicals; any enterprise that fails to obtain such license shall not commence the manufacture of dangerous chemicals.

The administrative department in charge of quality control of the State Council shall notify the administrative department in charge of comprehensive management of economy and trade, the administrative department in charge of environmental protection, and the public security organ of the State Council of the situation about the issuance of licenses for manufacturing dangerous chemicals.

Article 13 Any units and individuals shall not manufacture, deal in, or use dangerous chemicals that are prohibited by the State’s public proclamation.

Hyper-toxic chemicals shall be prohibited from manufacturing raticides and other chemical products and chemicals for the daily use.

Article 14 Whoever manufactures dangerous chemicals shall attach the technical specifications for the safety of chemicals in full accord with dangerous chemicals in the packing materials of dangerous chemicals, and affix or post the safety signs for chemicals in full accord with dangerous chemicals in the packing materials on the external packaging materials.

When finding that dangerous chemicals manufactured have the new hazard characteristics, the manufacturing enterprises of dangerous chemicals shall make the public announcements forthwith, and modify the technical specifications for safety and the safety signs in time.

Article 15 The production conductions of units engaging in the manufacture of dangerous chemicals must fulfill the national standards and the relevant provisions of the State, and these units shall obtain the corresponding licenses in accordance with the relevant laws and regulations of the State, must establish and strengthen the regulations and rules on the safety control over the use of dangerous chemicals, and guarantee the safe use and control over dangerous chemicals.

Article 16 Whoever manufactures, stores, or makes use of dangerous chemicals shall, according to the varieties and characteristics of dangerous chemicals, set up the corresponding safety facilities and equipment for monitoring, ventilation, burning resistance, tempering, fireproofing, fire control, explosion protection, pressure relief, antitoxin, disinfections, neutralization, moisture prevention, lightning protection, static electricity resistance, antisepsis, seep-proofing, reclamation dam protection, or isolated operation in the workshops and operating sites, maintain and protect them in accordance with the national standards and the relevant provisions of the State, and guarantee that they satisfy the requirements on safe operation.

Article 17 A unit that manufactures, stores, or makes use of hyper-toxic chemicals shall conduct safety evaluation of its own manufacturing or storage installations once a year. A unit that manufactures, stores, or makes use of other dangerous chemicals shall conduct the safety evaluation of its own manufacturing or storage installations once two years.

The safety evaluation report shall cover a proposal to make rectification and improvement against the safety problems in manufacturing or storage installations. The manufacturing or storage installations threatened by the real hazards discovered in the course of the safety evaluation shall be fall into disuse forthwith, replaced or repaired, and the corresponding safety measures shall be adopted.

The safety evaluation report shall be submitted to the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the people’s government at the municipality level (with districts) for record. audition

Article 18 Units that manufacture, store, and use dangerous chemicals shall set up the communication and alarming installations in the manufacturing, storage, and use places, and guarantee their normal applicable conditions under any circumstances.

Article 19 A unit that manufactures, stores, or makes use of hyper-toxic chemicals shall record the output, flow direction, storage quantity, and purposes of such chemicals according to the facts, and adopt the necessary security measures to prevent such chemicals from being stolen, lost, or sold by error, or misused; when finding that hyper-toxic chemicals are stolen, lost, sold by error, or misused, it must make a report to the local public security organ forthwith.

Article 20 The packaging of dangerous chemicals must accord with laws, regulations, and rules of the State, and satisfy the requirements of the national standards.

The material, models, specifications, methods, and unit quantity (weight) of the packing of dangerous chemicals shall be adapted to the nature and purposes of the packaged dangerous chemicals, and be convenient for loading, unloading, transportation, and storage.

Article 21 The packing materials and containers of dangerous chemicals shall not be used unless they are manufactured by the professional manufacturing enterprises passing the examination of the administrative departments in charge of economy and trade of the people’s governments at the provincial level, and pass the professional test and inspection institutions admitted by the administrative department in charge of quality control of the State Council.

The packing materials and containers for repeated use shall be inspected before being used, and the corresponding records shall be made; the inspection records shall be kept for two years at least.

The administrative departments in charge of quality control shall inspect the quality of the packing materials and containers at regular or irregular intervals.

Article 22 Dangerous chemicals must be stored within the specialized warehouses, places, or storage rooms (hereinafter referred to as the “specialized warehouses”), and be managed by the specially assigned personnel. The storage means, methods, and the quantity stored must meet the national standards.

The dangerous chemicals’ entry into, and exit from warehouses must be inspected and registered. The stock dangerous chemicals shall be inspected at regular intervals.

Hyper-toxic chemicals and other dangerous chemicals that constitute serious hazard sources in quantity must be stored within the specialized warehouses separately, and be subject to the system of double-person receiving and dispatching and double-person safekeeping. A storage unit shall report the quantity, places, and management personnel of stored hyper-toxic chemicals and other dangerous chemicals that constitute serious hazard sources to the local public security organ and the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals for records.

Article 23 The specialized warehouses for dangerous chemicals shall satisfy requirements of the national standards on the safety and fire control, and prominent signs shall be set up for these warehouses. The storage equipment and safety facilities for these warehouses shall be checked at regular intervals.

Article 24 The disposal of wasted dangerous chemicals shall be based on the Law on Prevention and Control over the Environmental Pollution Caused by Solid Wastes and the relevant provisions of the State.

Article 25 When units that manufacture, store, or use dangerous chemicals halt production, change the line of production, shut down, or dissolved, they shall adopt the effective measures to dispose the manufacturing or storage equipment for dangerous chemicals, inventory products, and manufacturing materials, and shall not leave over hidden risk of accident. The disposal proposal shall be submitted to the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals of the local people’s government at the municipality level (with districts established within the municipality), and the administrative department in charger of environmental protection and the public security organ at the same level for record. The administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals shall supervise and examine the disposal.

Article 26 Dangerous chemicals turned over by the public shall be taken over by the public security organs. Dangerous chemicals taken over by the public security organs and those captured by other relevant departments shall be handed over to the professional units admitted by the administrative departments in charge of environmental protection for disposal.

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