Regulation of the People's Republic of China on the Administration of Chemicals Subject to Supervision and Control (2011 Revision)

Regulation of the People's Republic of China on the Administration of Chemicals Subject to Supervision and Control (2011 Revision) Regulation of the People's Republic of China on the Administration of Chemicals Subject to Supervision and Control (Issued by Order No. 190 of the State Council of the People's Republic of China on December 27, 1995; amended in accordance with the Decision of the State Council on Abolishing and Amending Some Administration Regulations by the Order No. 588 of the State Council of the People's Republic of China on January 8, 2011) Article 1 The regulations are formulated to strengthen the administration of chemicals subjected to supervision and control, safeguard personal safety, and protect the environment. Article 2 Any activities of production, trading or utilization of the chemicals subjected to supervision and control within the People's Republic of China should abide by the regulations. Article 3 The chemicals subjected to supervision and control referred to in the regulations include the following categories of chemicals: The first category: chemicals which can be used as chemical weapons; The second category: chemicals which can be used as precursors of chemical weapons; The third category: chemicals which can be used as the major raw materials for the production of chemical weapons; The fourth category: specially designated organic chemicals other than explosives and pure hydrocarbons. Catalogues of chemicals subjected to supervision and control shall be formulated by the ministry in charge of the chemical industry under the State Council and published after approval by State Council. Article 4 The ministry in charge of the chemical industry under the State Council is responsible for the administration nationwide on the chemicals subjected to supervision and control. The committees in charge of the chemical industry under the people's government of the provinces, autonomous regions and municipalities are responsible for the administration in the localities on the chemicals subjected to supervision and control. Article 5 Entities producing, trading and using chemicals subjected to supervision and control should give informations about their activities and purposes in the production, trading and utilization of the chemicals to the ministry in charge of the chemical industry under the State Council or committees in charge of the chemical industry under the people's government of the provinces, autonomous regions and municipalities for examination in accordance with the regulations and related State rules. Article 6 The State strictly controls the production of the chemicals subjected to supervision and control in the first category. The production of the chemicals of the category for uses in scientific research, medical treatment, medicine production or protection should be reported to and approved by the ministry in charge of the chemical industry under the State Council and be carried out in small-scale facilities designated by the ministry in charge of the chemical industry under the State Council. It is strictly forbidden to produce chemicals of the first category in facilities which are not designated by the ministry in charge of the chemical industry under the State Council. Article 7 The State adopts a special licensing system for the production of the chemicals subjected to supervision and control which contain phosphorus, sulphur or fluorine in the second, third and fourth categories. No body or unit is permitted to produce such chemicals before getting a special license. Procedures for special licensing shall be formulated by the ministry in charge of the chemical industry under the State Council. Article 8 Before starting construction, expansion or renovation of facilities for production of the chemicals subjected to supervision and control in the second and third categories or those in the fourth category containing phosphorus, sulphur or fluorine, applications should be firstly submitted to the committee in charge of the chemical industry under the people's government of the provinces, autonomous regions or municipalities for examination and comments and then to the ministry in charge of the chemical industry under the State Council for approval and upon their completion, the projects should firstly be satisfied by the examination and appraised by the committee in charge of the chemical industry under the people's gover......