China Released Hazardous Chemical Safety Law (Draft for Comments)

On October 2,  2020, Ministry of Emergency Management of China released the “Hazardous Chemicals Safety Law of the People’s Republic of China” (Draft for Comments) and opened a call for comments. The deadline for comments is November 1, 2020. The law is not just a revision to the current Regulation on Hazardous Chemicals Safety Management, but elevate the Regulation to a law. A summary of the draft is as follows.

 

Strengthening the safety management of hazardous chemicals in production, storage, sales, transportation, research and development

Related provisions

Companies producing and storing hazardous chemicals should establish a safety risk research and judgement and commitment announcement system, and adopt corresponding safety management measures. (The Article 29, Paragraph 1)

Manufacturing processes, technologies, equipment, etc. that are explicitly eliminated in the list announced by the State shall not be used. (Article 29, Paragraph 3)

Penalty provisions

In the situation that violated the provisions of Article 29, paragraph 1, the business operator shall be fined not less than 20,000 yuan (about 300,000 yen) and not more than 100,000 yuan (about 1,500,000 yen), and person in charge shall be fined 10,000 yuan (about 150,000 yen) up to 50,000 yuan (about 750,000 yen). (Article 113)

The law introduces a “dual punishment system” that punishes both the business operator and the person in charge.

 

Strengthening safety management of hazardous chemicals in utilization

Related provisions

Business units that use hazardous chemicals shall provide safety data sheets (SDS) and safety labels to their employees, and attach safety labels to containers of hazardous chemicals. (Article 52)

Penalty provisions

In the situation which violated the provisions of Article 52, the business operator shall be fined not less than 20,000 yuan (approximately 300,000 yen) and not more than 100,000 yuan (approximately 1,500,000 yen), and the person in charge shall be fined 10,000 yuan (approximately 150,000 yen) up to 50,000 yuan (approximately 750,000 yen). (Article 113)

 

Adding a chapter of “Safety in Disposal and Treatment”

Related provisions

Business units that produce waste hazardous chemicals shall establish a waste hazardous chemical management plan in accordance with the relevant national regulations, and declare relevant materials such as the types and production volumes of disposed hazardous chemicals to the local Ecology and Environment department. (Article 95)

Penalty provisions

Any business unit violated the provisions of Article 95 shall be ordered to make corrections within a limit time, and will be imposed a fine not less than 50,000 yuan (approximately 750,000 yen) and not more than 100,000 yuan (approximately 1.5 million yen). If the business unit fail to make corrections within the given time, it shall be ordered to suspend its production and business for rectification, and a fine of not less than 100,000 yuan (approx. 1.5 million yen) and not more than 500,000 yuan (approx. 7.5 million yen) shall be imposed, and with a fine of not less than 10,000 yuan (approx. 150,000 yen) and not more than 50,000 yuan (approx. 750,000 yen) to be imposed on the person in charge. (Article 120)

The original text of the above draft can be found from the following URL (Simplified Chinese).
http://www.moj.gov.cn/government_public/content/2020-10/02/657_3257307.html