Article 55 The staff of the relevant departments in charge of supervision and administration of manufacture, operation, storage, transportation, and use of dangerous chemicals, and disposal of wasted dangerous chemicals, if committing one of the following acts, shall be imposed such administrative sanction as degrading or dismissal from their posts according to law; whoever commits a crime shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of accepting bribes, the crime of abusing powers, the crime of neglect of duty, or other crimes:

(1) Receiving property or other benefits from others by taking advantages of offices, approving or licensing matters concerning manufacture, operation, storage, transportation, and use of dangerous chemicals, and disposal of wasted dangerous chemicals that do not fulfill conditions as provided herein;

(2) Failing to outlaw or handle according to law units and individuals that are discovered to engage in the relevant activities without being approved or licensed according to law, or upon the receipt of reports; or

(3) Failing to fulfill the supervisory and administrative responsibilities for units and individuals that are approved or licensed according to law, failing to revoke the original approval or license of units and individuals who do not satisfy the conditions as specified herein any longer, or failing to investigate and handle acts in violation of these Regulations.

Article 56 In case of an accident caused by dangerous chemicals, if the relevant departments concerned fail to fulfill their responsibilities to organize the rescue, or to adopt the necessary measures to reduce the loss hereof, and to prevent the accident from extending, delay to deal with the accident, or prevaricate, the persons chiefly in charge with responsibilities and other directly responsible personnel shall be imposed administrative sanction of degrading or dismissal from their posts; whoever commits a crime shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of abusing powers, the crime of neglect of duty, or other crimes.

Article 57 Whoever, in violation of these Regulations, commits one of the following acts, shall be shut down, ordered to stop production or business for rectification, ordered to destroy dangerous chemicals whose manufacture, operation, and use are prohibited by the State’s public proclamation, raticides manufactured by hyper-toxic chemicals, and chemical products as well chemicals for daily use with innocuity by the administration for industry and commerce, the administrative department in charge of quality control, and the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals respectively. The illegal gains, if any, shall be confiscated. If the illegal gains are not less than RMB 100,000, the offender shall be imposed a fine of not less than the amount of illegal gains but not more than five times hereof. If there is no gain from illegal conduct or the illegal gains are not more than RMB 100,000, the offender shall be imposed a fine of not less than RMB 50,000 but not more than RMB 500,000. Where the Criminal Law is violated, the person chiefly in charge with liability and other directly responsible personnel shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident in the control of dangerous articles, the crime of illegal operating, or other crimes:

(1) Engaging in the manufacture or storage of dangerous chemicals without approval or registration with the administration for industry and commerce;

(2) Starting the manufacture of dangerous chemicals without the license for manufacturing dangerous chemicals;

(3) Reconstruction or expansion of the enterprise that manufactures or stores dangerous chemicals without examination and approval;

(4) Engaging in operation of dangerous chemicals without the license for dealing in dangerous chemicals or registration with the administration for industry and commerce; or

(5) Manufacturing, dealing in, or using hyper-toxic chemicals that have been prohibited, raticides manufactured by hyper-toxic chemicals, and other chemicals products and chemicals for daily use.

Article 58 A unit of dangerous chemicals that, in violation of these Regulations, fails to, 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 shall be ordered to make corrections within a specified time limit, and be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000 by the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals, and the public security organ ex officio. If it commits a crime, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident in the control over dangerous articles, the crime of negligently causing a serious accident, or other crimes.

Article 59 Whoever, in violation of these Regulations, commits one of the following acts shall be ordered to make corrections forthwith or within a specified time limit, and be imposed a fine of not less than RMB 20,000 but not more than RMB 200,000 by the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals, the administrative department in charge of quality control, or the administrative department in charge of communications ex officio. If it fails to make corrections with the specified time limit, it shall be ordered to stop business for rectification. Where the Criminal Law is violated, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident in the control over dangerous articles, the crime of manufacturing or selling imitative and inferior commodities, or other crimes:

(1) Manufacturing packing materials or containers for dangerous chemicals without authorization when it is not an appointed manufacturing enterprise;

(2) Using ships used to transport dangerous chemicals and containers carried by them that are not manufactured in accordance with the standards of the State on the inspection of ships, and fail to pass the inspection;

(3) Using material, models, specifications, methods, and unit quantity (weight) of the packaging of dangerous chemicals not adapted to the properties and purposes of the packaged dangerous chemicals;

(4) Failing to inspect the packing materials and containers for dangerous chemicals that are used repeatedly before the use; or

(5) Using packing materials and containers that are not manufactured by appointed manufacturing enterprises, or tested, or fail to pass the inspection and testing on packing and transportation.

Article 60 A unit of dangerous chemicals that, in violation of these Regulations, commits one of the following acts shall be ordered to make corrections forthwith or within a specified time limit, and be imposed a fine of not less than RMB 10,000 but not more than RMB 5 by the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals. If it fails to make corrections within the specified time limit, it shall be ordered to stop production for rectification:

(1) Where an enterprise that manufactures dangerous chemicals fails to attach the technical specifications for the safety of chemicals in full accord with dangerous chemicals in the packing materials of dangerous chemicals, or fails to affix or post the safety signs for chemicals in full accord with dangerous chemicals in the packing materials on the external packaging materials;

(2) Where an enterprise that manufactures dangerous chemicals fails to make a public announcement forthwith, or revise its technical specifications and signs for safety of chemicals when finding that dangerous chemicals have new hazard characteristics; or

(3) Where an enterprise that deals in dangerous chemicals without technical specifications or signs for safety of chemicals.

Article 59 A unit of dangerous chemicals that, in violation of these Regulations, commits one of the following acts shall be ordered to make corrections forthwith or within a specified time limit, and be imposed a fine of not less than RMB 10,000 but not more than RMB 50,000 by the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals or the public security organ ex officio. If it fails to make corrections with the specified time limit, the original license-issuing authorities shall revoke its license for manufacturing dangerous chemicals, or the license for dealing in dangerous chemicals, and the business license. Where it violates the Criminal Law, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident in the control over dangerous articles, crime of negligently causing a serious accident, or other crimes:

(1) Where it fails to make safety evaluation for its manufacturing or storage installations at regular intervals, and to make it 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) for records, or it fails to forthwith cease the use of, replace, or repair manufacturing or storage installations threatened by actual hazards discovered in the safety evaluation, and to adopt the corresponding safety measures;

(2) Where it fails to set up communication or alarming installations in places where dangerous chemicals are manufactured, stored, and used, and to keep them in the normal applicable conditions;

(3) Where it fails to store dangerous chemicals within the specialized warehouses, or fails to assign the specialized personnel to manage them;

(4) Where it fails to check and register the dangerous chemicals’ entry into, and exit from warehouses, or fails to inspect such chemicals after their entry into warehouses at regular intervals;

(5) Where it uses specialized warehouses for dangerous chemicals that fail to satisfy the requirements of the national standards on the safety and fire control, and fails to set up the prominent sign for these warehouses, or fails to inspect the warehousing equipment and safety facilities of such specialized warehouses at regular intervals;

(6) Where a distributing shop of dangerous chemicals stores fractional-package dangerous chemicals not for civil use, or the total quantity of such chemicals in the shop exceeds the quota provided by the State;

(7) Where hyper-toxic chemicals, and other dangerous chemicals that constitute serious hazard sources in quantity are not stored in the specialized warehouses separately, or are not subject to the double-person receiving, dispatching, and safekeeping, or the quantity, places, and management personnel of stored hyper-toxic chemicals and other dangerous chemicals that constitute serious hazard sources are not reported 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 record;

(8) Where a unit that manufactures dangerous chemicals fails to record the output, flow direction, storage quantity, and purposes of such chemicals according to the facts, fails to adopt the necessary security measures to prevent such chemicals from being stolen, lost, or sold by error, or misused, or fails to make a report to the local public security organ forthwith when hyper-toxic chemicals are stolen, lost, sold by error, or misused; or

(9) Where an enterprise that deals in dangerous chemicals fails to record names and addresses of purchase units, names and identity card numbers of purchasing personnel, as well as item names, quantity, and purposes of purchased hyper-toxic chemicals, or fails to check the sales of hyper-toxic chemicals by the day, or fails to make reports forthwith to the local public security organ when finding that dangerous chemicals are stolen, lost, or sold by error.

Article 62 A unit of dangerous chemicals that, in violation of these Regulations, fails to adopt the effective measures to dispose of the equipment to manufacture or store dangerous chemicals, inventory products, and raw materials for manufacturing when it changes the line of production, stops production or business, or is dissolved shall be ordered to make corrections forthwith or within a specified time limit, and be imposed a fine of not less than RMB 20,000 but not more than RMB 10,000 by the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals or the public security organ ex officio. Where it violates the Criminal Law, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident due to environmental protection, the crime of causing an accident in the control over dangerous articles, or other crimes.

Article 63 Whoever, in violation of these Regulations, commits one of the following acts, shall be ordered to make corrections by the administration for industry and commerce. The illegal gains, if any, shall be confiscated. If the illegal gains are not less than RMB 50,000, the offender shall be imposed a fine of not less than the amount of illegal gains but not more than five times hereof. If there is no gain from illegal conduct or the illegal gains are not more than RMB 50,000, the offender shall be imposed a fine of not less than RMB 20,000 but not more than RMB 200,000. Where the Criminal Law is violated, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident in the control of dangerous articles, the crime of illegal operating, or other crimes:

(1) Where an enterprise that manufactures dangerous chemicals purchases dangerous chemicals from enterprises that fail to obtain the licenses for manufacturing such chemicals or the licenses for dealing in such chemicals;

(2) Where an enterprise that manufactures dangerous chemicals sells such chemicals to units or individuals who fail to obtain the licenses for dealing in dangerous chemicals; or

(3) Where an enterprise that deals in hyper-toxic chemicals sell such chemicals to units without purchase credence or purchase licenses or individuals.

Article 64 Whoever, in violation of these Regulations, forges, mutilates, trades in, lends, or transfers by other means the purchase credence or licenses for hyper-toxic chemicals, or other relevant licenses, or uses the aforesaid licenses that are invalidated shall be ordered to make corrections, and be imposed a fine of not less than RMB 10,000 but not more than RMB 500,000 by the public security organ. Where the Criminal Law is violated, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of forging, mutilating, or trading in official documents, credentials, and seals of state organs, or other crimes.

Article 65 Whoever, in violation of these Regulations, fails to obtain the professional level for an enterprise that transports dangerous chemicals and engages in the highway or waterway transportation of dangerous chemicals without authorization shall have its illegal gains, if any, confiscated by the administrative department in charge of communications. If the illegal gains are not less than RMB 50,000, the offender shall be imposed a fine of not less than the amount of illegal gains but not more than five times hereof. If there is no gains from illegal conduct or the illegal gains are not more than RMB 50,000, the offender shall be imposed a fine of not less than RMB 20,000 but not more than RMB 200,000. Where the Criminal Law is violated, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of causing an accident in the control of dangerous articles, or any other crime.

Article 66 Whoever, in violation of these Regulations, commits one of the following acts shall be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000 by the administrative department in charge of communications; where the offender violates the Criminal Law, it shall be prosecuted for criminal liability in accordance with the provisions of the Criminal Law on the crime of causing an accident in the control over dangerous articles, or other crimes:

(1) Where any of drivers, shipmen, loading and unloading management personnel, and transport escorts for the highway or waterway transportation of dangerous chemicals fails to pass the examination, but obtain the post-holding qualification certificate;

(2) Where hyper-toxic chemicals and other dangerous chemicals whose transportation has been prohibited are transported with the use of shipping channels such as inland rivers and other enclosed waters;

(3) Where a consignor fails to go through waterway transportation formalities with the administrative department in charge of communications according to the relevant provisions, but transports without authorization hyper-toxic chemicals and dangerous chemicals other than those prohibited from being transported by the State by water;

(4) Where a consigner, when consigning dangerous chemicals, fails to state the item names, quantity, hazards, emergency measures, etc. of such chemicals to the carrier, or fails to add depressors or stabilizers that need to be added upon the consignment; or

(5) Where the transportation, loading, and unloading of dangerous chemicals do not accord with the relevant laws, regulations, rules, and national standards, and the necessary protective measures are not adopted according to characteristics of dangerous chemicals.

Article 67 Whoever, in violation of these Regulations, commits one of the following acts shall be ordered to make corrections, and be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000 by the public security organ; where the offender violates the Criminal Law, it shall be prosecuted for criminal liability in accordance with the provisions of the Criminal Law on the crime of causing an accident in the control over dangerous articles, the crime of causing an accident due to environmental pollution, or other crimes:

(1) Where a consignor fails to apply to the public security organs for the highway transportation pass for hyper-toxic chemicals, and transports such chemicals through highways;

(2) Where an enterprise that transports dangerous chemicals fails to assign transport escorts, or is divorced from the escorts’ supervision when transporting dangerous chemicals, or fails to make reports to the local public security organ in case of overload, parking one the for accommodation, or abnormal transportation;

(3) Where an enterprise that transports dangerous chemicals fails to make reports to the public security organ, but enters into areas with no thoroughfare for transport vehicles for dangerous chemicals, or fails to abide by the time and routes prescribed by the public security organ after entry into such areas;

(4) Where hyper-toxic chemicals transported by an enterprise that transports dangerous chemicals are stolen, are lost, are drained, or leak on the way of highway transportation, the enterprise fails to make reports to the local public security organ forthwith, and to adopt all possible caution measures; or

(5) Where a consignor carries secretly dangerous chemicals in consigned common goods, or withholds information about dangerous chemicals, or report dangerous chemicals as common goods.

Article 68 Whoever, in violation of these Regulations, posts dangerous chemicals, carries secretly such chemicals in mails, withholds information about such chemicals, or reports such chemicals as common goods for post shall be imposed a fine of not less than RMB 2,000 but not more than RMB 20,000 by the administrative department in charge of communications; where the offender violates the Criminal Law, it shall be prosecuted for criminal liability in accordance with the provisions of the Criminal Law on the crime of causing an accident in the control over dangerous articles, or other crimes.

Article 69 Where a unit of dangerous chemicals fails to organize the rescue forthwith in case of an accident caused by dangerous chemicals, or fails to make reports to the administrative department in charge of the overall work for the supervision and administration of safety of dangerous chemicals, and the administrative departments in charge of public security, environmental protection, and quality control, causing serious consequences accordingly, the person chiefly in charge with liability and other directly responsible personnel hereof shall be prosecuted for criminal liability according to the provisions of the Criminal Law on the crime of professional misconduct committed by staff of state companies or enterprises, or other crimes.

Article 70 A unit of dangerous chemicals in which a dangerous chemical accident occurs, causing the personal injury or death, or property loss shall bear the liability for compensation according to law; where it refuses to bear such liability or the person chiefly in charge hereof absconds, its property shall be auctioned according to law for compensation.

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