Measures for the Administration of Licenses for the Purchase and Road Transportation of Highly Toxic Chemicals

Measures for the Administration of Licenses for the Purchase and Road Transportation of Highly Toxic Chemicals Order of the Ministry of Public Security (No. 77) The Measures for the Administration of Licenses for the Purchase and Road Transportation of Highly Toxic Chemicals, which were adopted at the minister's executive meeting of the Ministry of Public Security on April 21, 2005, are hereby promulgated and shall come into force as of August 1, 2005. Minister of the Public Security Zhou Yongkang May 25, 2005 Measures for the Administration of Licenses for the Purchase and Road Transportation of Highly Toxic Chemicals Article 1 The present Measures are formulated in accordance with such laws and regulations as the Road Traffic Safety Law of the People's Republic of China and the Regulations on the Safety Administration of Dangerous Chemicals in order to intensify the supervision and administration of the purchase and road transportation of highly toxic chemicals and safeguard the safety of properties of the state and lives and properties of citizens. Article 2 Unless an individual buys any pesticide, rat-bane or bephenium, any purchase or road transportation of highly toxic chemicals within the territory of the People's Republic of China shall be governed by the present Measures. The term “highly toxic chemicals” as mentioned in the present Measures refers to those chemicals that fall into the catalog of poisonous chemicals as determined and publicized by the administrative department of work safety of the State Council in collaboration with the Ministries of Public Security, Environmental Protection, Public Health, Quality Inspection and Communications of the State Council. Article 3 The state adopts a system of licensing administration on the purchase or road transportation of highly toxic chemicals. For any purchase or road transportation of highly toxic chemicals, the Purchase Warrant of Highly Toxic Chemicals, the Purchase Permit of Highly Toxic Chemicals and the Pass of Road Transportation of Highly Toxic Chemicals shall be applied for and acquired according to the present Measures. No entity or individual may purchase or transport highly toxic chemicals through road until it/he has obtained the aforesaid licenses. No entity or individual may fabricate, change, trade, lend or transfer the Purchase Warrant of Highly Toxic Chemicals, the Purchase Permit of Highly Toxic Chemicals or the Pass of Road Transportation of Highly Toxic Chemicals in any other form or use any of the aforesaid licenses that have been abolished. Article 4 The organ of public security shall stick to the principles of openness, fairness and impartiality, examine and issue the licenses for any purchase or road transportation of highly toxic chemicals in strict accordance with the present Measures, establish administrative archival filings for the examination and issuance of permit certificates, publicize the address, telephone number, fax number and email address of the administrative department of public security that handles matters concerning permit certificates, and supervise and guide those entities in practice to implement the provisions on the administration of the licensing of purchase and road transportation of highly toxic chemicals in a strict manner. The public security organ at or above the provincial level shall establish a database for the Purchase Warrant of Highly Toxic Chemicals, the Purchase Permit of Highly Toxic Chemicals and the Pass of Road Transportation of Highly Toxic Chemicals as verified and issued, including such contents as the serial number of the certificate, purchase entity, transportation entity, transportation vehicles, drivers, transport escort, the name and quantity of highly toxic chemicals, destination, starting place and route. The items in the database and the format of data shall be uniformed nationwide. The administrative department of public order and communications shall establish an information pooling system or reporting system. Article 5 Anyone who purchases or uses highly toxic chemicals in a frequent manner shall file an application to the public order administrative department of the public security organ of the people's government at the districted municipality level where the purchase entity is located on the strength of the photocopy of qualification certificate that certifies the production or operation of highly toxic chemicals of the sales entity. For those who meet the requirements, upon the examination and approval of the person-in-charge of the public security organ of the people's government at the districted municipality level, the Purchase Warrant of Highly Toxic Chemicals with the seal of the public security organ as affixed shall be issued to the entity in need of purchase or use in brochures for keeping and filling. (1) Where an entity that produces dangerous chemicals applies for the Purchase Warrant of Highly Toxic Chemicals, it shall fill in the Application Form for the Purchase Warrant of Highly Toxic Chemicals in a faithful manner and submit the photocopy of the Safety Production License of Entity that Produces Dangerous Chemicals or the Approval thereof. (2) Where an entity that operates highly toxic chemicals applies for acquiring the Purchase Warrant of Highly Toxic Chemicals, it shall fill in the Application Form for the Purchase Warrant of Highly Toxic Chemicals in a faithful manner and submit the photocopy of the Operation Permit of Dangerous Chemicals (Grade A). (3) As for any other entity of production, scientific research and medical treatment that may use highly toxic chemicals in a frequent manner, it shall fill in the Application Form for the Purchase Warrant of Highly Toxic Chemicals in a faithful manner and submit the photocopy of the post license of the practitioners who may use or contact highly toxic chemicals. An entity that uses highly toxic chemicals for production shall also submit the license of utilization, approval and any other corresponding permit certificate of practice concerning highly toxic chemicals. Article 6 Anyone who needs to temporarily purchase or use highly toxic chemicals shall file an application to the public order administrative department of the public security organ of the people's government at the districted municipality level where the purchase entity is located on the strength of the photocopy of the qualification certificate that certifies the production or operation of highly toxic chemicals of the sales entity. For those that meet the requirements, the person-in-charge of the public security organ of the people's government at the districted municipality level shall examine and approve and issue the Purchase Permit of Highly Toxic Chemicals. When applying for the Purchase Permit of Highly Toxic Chemicals, an entity shall fill in the Application Form for the Purchase Permit of Highly Toxic Chemicals in a faithful manner and submit the entity certification that indicates the name, quantity and use of highly toxic chemicals. Article 7 Where any entity needs to transport highly toxic chemicals by road and if the highly toxic chemicals in the state of gas or liquid as loaded by single vehicle surpass 5 tons, the public order administrative department of the public security organ that issues the Purchase Warrant of Highly Toxic Chemicals and the Purchase Permit of Highly Toxic Chemicals shall report such relevant information as the serial number of the certificate, certificate-issuing organ, the name and quantity of highly toxic chemicals to the administrative department of communications of the public security organ of the people's government at the county level in the destination of transportation and record the information into the database of safety administration of road transportation of highly toxic chemicals. The specific reporting measures shall be formulated by the public security of the people's government at the provincial level. Article 8 Where any entity needs to transport highly toxic chemicals by road, it shall apply to the administrative department of communications of the public security organ of the people's government at the county level in the destination of transportation for collecting the Pass of Road Transportation of Highly Toxic Chemicals. In the course of application, the consignor shall fill in the Application Form for the Pass of Road Transportation of Highly Toxic Chemicals in a faithful manner and, at the same time, submit the following documents and materials, and shall be subject to the inspection and examination of the administrative department of communications of the public security organ on transportation vehicles, drivers and transport escort: (1) The Purchase Warrant of Highly Toxic Chemicals or the Purchase Permit of Highly Toxic Chemicals Where an entity undertakes the transportation of highly toxic chemicals for import or export, it shall submit the registration license of import or export for highly toxic chemicals. (2) The License (Photocopy) of Operation (Transportation) of Road Transportation of Highly Toxic Chemicals, Vehicle Driving License and the License for Road Transportation of Highly Toxic Chemicals via Vehicles of the entity that engages in the road transportation of highly toxic chemicals An exclusive sign and security signboard for road transportation of highly toxic chemicals shall be set up on a vehicle that transports highly toxic chemicals. The name, variety, volume of tank, load mass, rescue methods and the telephone number of the transportation entity shall be indicated on the security signboard. (3) T......