Operating License For Hazardous Chemical Management

Original Language Title: 危险化学品经营许可证管理办法

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(Released October 8, 2002, State economic and Trade Commission, the 36th) Chapter I General provisions article to strengthen safety management of dangerous chemicals, regulating hazardous chemicals business sales activities, protecting people's life and property safety, in accordance with the People's Republic of China Law on production safety, and the safety management of dangerous chemicals Ordinance, these measures are formulated.
    Article in the People's Republic of China territory of dangerous chemicals business sales activities, these measures shall apply.
    Civil explosives, radioactive substances, nuclear material and the city gas business, this approach is not applicable. Article on dangerous chemicals business sales through a licensing system. The units engaged in the sale of dangerous chemicals shall, in accordance with the operating licenses for access to dangerous chemicals (hereinafter referred to as business license), and by the business license registered with the industrial and commercial administrative departments to apply for registration formalities according to law.
    Without business licenses and without business registration, no entity or individual shall sell hazardous chemicals. The fourth operating licenses are divided into two types.
    Made class a license unit engaged in the sale of toxic chemicals and other hazardous chemicals made b operating licence can only be engaged in the sale of units in addition to highly toxic chemicals hazardous chemicals. Class a license by the people's Governments of provinces, autonomous regions and municipalities directly under the economic and trade departments or its commissioned work safety supervision and management departments (hereinafter referred to as the provincial licensing authority) approvals, issued b license by District municipal people's Government departments responsible for safety supervision and management of dangerous chemicals (hereinafter referred to as the municipal licensing authority) approvals, issued.
    Product license into a species of license management.
    Fifth national safe production supervision administrative Bureau is responsible for the national license approval, supervision and control over distribution.
    Provincial licensing bodies and municipal operating license within the certification authority responsible for the administration of supervision and management. Second chapter business license of application and approval sixth article dangerous chemicals business sales units (following referred to business units), should has following basic conditions: (a) business and store places, and facilities, and buildings meet national standards architectural design fire specification (GBJ16), and explosion dangerous places security provides and warehouse fire security management rules, provides, buildings should by police fire institutions acceptance qualified; (ii) business conditions, and store conditions meet
    Dangerous chemicals business enterprise opened conditions and technology requirements (GB18265), and common dangerous chemicals store General (GB15603) of provides; (three) units main head and competent personnel, and safety management personnel and business personnel after professional training, and by assessment, made induction qualification; (four) has sound of security management system and post security operation; (five) has this units accident emergency rescue plans.
    Seventh application for business license unit choose a qualified security assessment bodies to safety assessment for the unit's operating conditions.
    Eighth safety evaluation institution should apply whether the authority of the permit in accordance with this approach the sixth condition item-by-item evaluation provided for in article, and provide the safety evaluation report. Nineth article application letters a and b species business license of units, should respectively to provincial sent card organ and city level sent card organ proposed application, submitted following material: (a) dangerous chemicals business license application table; (ii) security evaluation report; (three) business and store places buildings fire security acceptance file of copies; (four) business and store places, and facilities property or rental proved file copies; (five) units main head and competent personnel, and
    Safety management and operational personnel professional training certificate copy; (vi) safety management systems and safety procedures.
    Tenth certification authority shall within 30 working days from the date of receipt of the application, review and on-site verification of the material submitted by the applicant, to meet the conditions, issuing a business license; does not meet the requirements, it shall notify the applicant in writing and state the reasons.
    11th article business license should contains Ming following matters: (a) business units name; (ii) business units residence (address and business places); (three) business units statutory representative people or head name; (four) business units of economic type; (five) license business range (toxic chemicals should indicate name, other dangerous chemicals should indicate class items, oil should indicate oil name); (six) sent card date and effective term; (seven) certificate number.
    12th business unit alteration, expansion or migration management, storage areas, expanding the scope of licensing should be re-apply for a business license in advance.
    Business units change unit name, type or the legal representative or the person in charge of registration, shall, within 20 working days from the date of the change, the original issuing authorities bid to change procedures, and issue a new operating license. 13th business license is valid for 3 years.
    After expiry, business units continued to engaged in the operation of the hazardous chemicals, should a business license within 3 months before the expiry of the original certificate authorities submit a renewal application, approved after examination to apply for a new card.
    14th business licenses of a releasing authority shall issue, in time to inform the police and environmental protection department at the same level.
    15th business unit may not be transferred, sold, leased, lent, forging or altering business license.
    Chapter III supervision article 16th of license issuing authority should be open, fair and impartial principle, strictly in accordance with the conditions laid down in laws, regulations, rules and standards and procedures for approval, the granting of operating licenses.
    17th-issuing authority shall strengthen the supervision and administration of business licenses, establish and perfect the business license approval, the granting of a file management system. 18th municipal licensing authority should be the districts annual operating permit approval and payment of provincial licensing authorities for the record.
    Provincial certification authorities shall, in the districts annual operating permit approval, issue reported that the State administration of work safety record. 19th a releasing authority shall, within the district has obtained a business license for units to conduct supervision and inspection.
    Business unit shall be subject to certification authorities shall implement supervision and inspection, without justification refuse, obstruct.
    20th fourth chapter penalty without business licenses without hazardous chemicals business by provincial licensing authorities or municipal licensing authority in accordance with the regulations on the safety management of dangerous chemicals 57th of the rules will be punished.
    Article 21st violates these rules, any of the following acts, the issuing authority shall revoke business licenses: (a) provide false supporting documents or other fraudulent means, to obtain operating licences, and (b) no longer meets the basic conditions of sale of dangerous chemicals and (iii) transfer, sell, lease, lend, forging or altering the business license.
    22nd certificate Office functionary, abuse of power, fraud, negligence, according to the 55th article of the regulations on the safety management of dangerous chemicals provides for demotion or dismissal of administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 23rd issued a false report on evaluation of the safety assessment, above the provincial production safety supervision and management departments as confiscation and a fine of 30,000 yuan fines; no ill-gotten gains, fined a maximum of 20,000 yuan, and authorized it to revoke its certificate of qualification constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 24th of dangerous chemicals production unit sales of the unit's dangerous chemicals no longer apply for a business license, but not the production of dangerous chemicals or set up sales outlets outside the factory, still must apply for a business license. 25th article this way license units had been made before the entry into force shall, within 6 months from the date of entry into force of these measures to apply for business licenses.
    Fails to go through, not continue to engaged in the sale of dangerous chemicals.
    26th article license to operate uniformly printed by the State administration of work safety.
    27th article this way authorized to interpret the State administration of work safety.
                                                                                        28th article this way come into force on November 15, 2002.

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