Chapter I General Rules

Article 1 In order to strengthen the safety administration of hazardous chemicals, to regulate the operation and marketing of hazardous chemicals and to guarantee the safety of the lives and property of the people, the present Measures have been formulated in accordance with the Law of the People's Republic of China on Safe Production and the Regulations on the Safety Administration of Hazardous Chemicals.

Article 2 Those engaging in the operation and marketing of hazardous chemicals within the People's Republic of China shall be governed by the present Measures.

The present Measures shall not apply to the operation of explosives, radioactive materials, nuclear energy materials to be used for civil purpose and urban gas.

Article 3 The state shall apply a license system for the operation and marketing of hazardous chemicals. An entity operating and marketing hazardous chemicals shall obtain the operating license for hazardous chemicals (hereinafter referred to as the operating license) pursuant to the present Measures, and shall apply for registration with the department of industry and commerce administration on the basis of the operating license pursuant to law. Without the operating license or industry and commerce registration, no entity or individual may operate or market hazardous chemicals.

Article 4 Operating licenses are divided into type A and type B. An entity with the operating license of type A may operate and market highly toxic chemicals and other hazardous chemicals; an entity with operating license of type B may only operate and market the hazardous chemicals other than highly toxic chemicals.

Operating licenses of type A shall be subject to examination and approval, and issued by the departments in charge of economy and trade of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government or the departments of safe production supervision and administration entrusted thereby (hereinafter referred to as license-issuing bodies at the provincial level); operating licenses of type B shall be subject to examination and approval, and issued by the departments responsible for the comprehensive safety supervision and administration of hazardous chemicals of the people's governments at the level of city divided into districts (hereinafter referred to as license-issuing bodies at the city level). The operating license of product oil shall be subject to the administration of the operating license of type A.

Article 5 The State Bureau of Safe Production Supervision and Administration shall be responsible for the supervision and administration of the examination and approval, and issuance of the operating licenses of the whole country.

The license-issuing bodies at the provincial level and those at the city level shall be responsible for the supervision and administration of the operating licenses within their respective administrative areas.

Chapter II Application and Examination & Approval of Operating License

Article 6 An entity operating and marketing hazardous chemicals (hereinafter referred to as operating entity) shall meet the following conditions:

1) The places, facilities and constructions for operation and storage shall meet the Criteria for Fire Control in Construction Design (GBJ16), the Provisions on the Safety of Explosion Hazardous Places and the Rules on Fire Control of Warehouses etc, and the constructions shall pass the examination conducted by the bodies of public security and fire control before being accepted;

2) The conditions for operation and storage shall meet the Practice Conditions and Technical Requirements for Operating Enterprises of Hazardous Chemicals (GB18265), and the General Rules on Storage of Common Hazardous Chemicals (GB15603);

3) The major principals, executives, safe production management personnel and business staff of the entity shall receive professional training, pass the examination and obtain the qualifications for their respective positions;

4) Having sound safety management systems and safety position-based operation rules;

5) Having its own advance scheme on emergent accident rescue.

Article 7 An entity applying for operating license may choose the qualified safety evaluation agency by itself to make safety evaluation of its operation conditions.

Article 8 A safety evaluation agency shall evaluate whether the entity applying for operating license meets the all the conditions provided for in Article 6 of the present Measures, and produce safety evaluation reports.

Article 9 An entity applying for type A operating license shall file the application with the license-issuing body at the provincial level, an entity applying for type B operating license shall file the application with the license-issuing body at the city level, and submit the following materials:

1) Application Form for Operating License for Hazardous Chemicals;

2) Safety evaluation report;

3) Copies of the documents of examination and acceptance of fire control conditions of the places and constructions for operation and storage;

4) Copies of the certifications of title or lease of the places and facilities for operation and storage;

5) Copies of the professional training certificates of the major principals, executives, safe production management personnel and business staff of the entity;

6) Safety management systems and safe post operation rules.

Article 10 A license-issuing body shall, within 30 days after receiving the application, make examination and on-spot verification of the materials submitted by the applicant, and issue the operating license to the applicant that meets the conditions; and notify by written form the applicant that fails to meet the conditions, and explain the reasons.

Article 11 An operating license shall indicate the following information:

1) Name of the operating entity;

2) Domicile of the operating entity (address and operation place);

3) Name of the legal representative or principal of the operating entity;

4) Economic type of the operating entity;

5) Approved business scope (names shall be indicated for highly toxic chemicals, and categories shall be indicated for other hazardous chemicals; oil names shall be indicated for product oil);

6) Date of license issuance and valid term;

7) Certificate number.