Promulgated by Decree No.44 of Shanghai Municipal People's Government

on September 5, 2016

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to strengthening the safety management of hazardous chemicals, protecting people's lives and property safety and safeguarding the public security, these Procedures are formulated in accordance with the Production Safety Law of the People's Republic of China, Regulations on Safety Management of Hazardous Chemicals, Regulations of Shanghai Municipality on Safe Production, and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures apply to the production, operation, storage, transportation, use and disposal of hazardous chemicals, and their related safety supervision and management activities within the administrative areas of this Municipality.

The types of hazardous chemicals shall follow the catalogue published by the relevant state department.

These Procedures do not apply to the safety management of civil explosives, fireworks, radioactive materials, nuclear materials and hazardous chemicals for national defense research and production. Where Laws, rules and regulations provide otherwise for the safety management of chemicals under control, drugs, pesticides, gas and others belonging in hazardous chemicals, these provisions shall prevail.

Article 3 (Unit Liability)

Any unit that produces, operates, stores, transports and uses hazardous chemicals and that disposes of waste hazardous chemicals (hereinafter referred to as the hazardous chemicals unit) shall be engaged in activities related to hazardous chemicals in accordance with the relevant laws, rules, regulations and technical standards.

The person in charge of hazardous chemicals unit shall organize the formulation of the unit's safety management system and operating rules of hazardous chemicals, and ensure the effective implementation of the safety management measures, and shall be responsible for the safety of hazardous chemicals of the unit.

Article 4 (Responsibilities of Administrative Departments)

The municipal and district/county departments of production safety supervision and management (hereinafter referred to as the production safety supervision departments) shall be responsible for the general work of safety supervision and management in the administrative area, guiding, coordinating and supervising relevant departments of the people's government at the same level and the people's governments at lower levels in performance of duties of the safety supervision and management of hazardous chemicals, and organize the implementation of these Procedures.

Departments of production safety supervision, public security, transportation, maritime, environmental protection, quality and technical supervision, industry and commerce, postal service, railway, civil aviation, inspection and quarantine having duties of supervision and management according to the law relating to matters of approval and punishment as for the production safety of hazardous chemicals (hereinafter referred to as the safety supervision departments of hazardous chemicals) shall in accordance with the responsibilities, do well the safety supervision and management work of hazardous chemicals correspondingly.

The departments responsible for the management of the industry and the system shall strengthen supervision, inspection and guidance of the safety management of hazardous chemicals of units in their industry and system.

Other relevant administrative departments shall, in accordance with their respective duties and functions, do a good job relating to the safety management of hazardous chemicals.

Article 5Territorial Supervision

The district/county people's government shall strengthen the direction of the safety supervision and management work of hazardous chemicals within the administrative areas, establish the coordination mechanism of safety supervision and management work of hazardous chemicals, and support and urge the relevant departments to perform their duties of supervision and management of production safety of hazardous chemicals in accordance with the law, to coordinate the resolution of major issues existing in the safety management of hazardous chemicals.

The town/township people's governments, sub-district offices, industrial park management agencies shall, in accordance with the responsibilities, strengthen the supervision and inspection of safety management of hazardous chemicals within the jurisdiction, and report violations and accident threats to the relevant departments, assist relevant departments to carry out the safety supervision and management of hazardous chemicals.

Article 6Information System

The department of safety supervision of hazardous chemicals and the department responsible for the management of the industry and the system shall strengthen the construction of the supervision information system of hazardous chemicals in the corresponding department, and realize the interconnection of information.

Article 7 (Release of Information)

The production safety supervision departments shall, jointly with relevant departments, through the relevant media, publish the laws, rules, regulations and technical standards of the State and this Municipality on hazardous chemicals safety management in a timely manner, regularly publicize the relevant knowledge of the hazardous chemicals safety protection, release the information related to the implementation of safety management and major accidents of hazardous chemicals in this Municipality in a timely manner, and publish the social supervision and reporting telephone.

Article 8 (Response to Accident)

In the occurrence of hazardous chemical accidents, the relevant departments and units shall, in accordance with the emergency plan for the accident, promptly organize and carry out rescue work to rescue the victims, control the proliferation and eliminate the harmful consequences.

The municipal production safety supervision department shall, according to this Municipality's public emergency response plan, organize the preparation of this Municipality's emergency plan for hazardous chemical accidents, and carry it out after approval by the Municipal People's Government.

The unit of hazardous chemicals shall formulate the emergency plan for accidents of the unit, and be filed with the production safety supervision department and other relevant departments. Enterprises that produce and store hazardous chemicals and enterprises that use hazardous chemicals in the production shall once every six months organize emergency drills against accidents; other hazardous chemicals shall conduct such emergency drills once a year. The unit of hazardous chemicals shall be encouraged to sign the emergency management and rescue services agreement with the unit that has professional rescue ability against hazardous chemicals so as to improve the ability to deal with emergency.

The production safety supervision department and other relevant departments shall guide and supervise the preparation and exercise of the emergency plan for accidents of hazardous chemical units.

The municipal and district/county comprehensive emergency rescue teams shall take the on-site rescue work for hazardous chemical accident. Hazardous chemicals safety supervision departments may use the government procurement services and other ways to strengthen the emergency rescue capacity based on their respective responsibilities, as a supplementary force for the emergency rescue of hazardous chemicals.

Article 9Report and Reward

Any unit or individual finding any behavior in violation of the provisions of the safety management of hazardous chemicals has the right to report to the production safety supervision department or other relevant departments.

If the report is true, the production safety supervision department or other relevant departments shall give a reward.

Article 10 (Association Organization

Relevant trade associations and societies shall be encouraged to organize the following work:

1. to provide safety training, technical advice and guidance services to units of hazardous chemical;

2. to promote the application of advanced technology for safe production;

3. to carry out the safety risk monitoring and assessment of hazardous chemicals in relevant areas; and

4. to study professional and technical difficulties of hazardous chemicals.

Chapter II  Production, Storage and Use of Hazardous Chemicals

Article 11 (Planning for Production and Storage)

The Municipality shall exercise overall planning, rational distribution and strict control over the production and storage of hazardous chemicals.

The layout planning of the production and storage of hazardous chemicals in this Municipality shall be formulated by the municipal economic informatization department jointly with the relevant departments of the municipal administration of production safety supervision and planning and land, and shall be implemented after the approval of the Municipal People's Government.

Article 12(Enterprises of Production and Use and Construction Project)

Enterprises that produce hazardous chemicals and chemical enterprises that use hazardous chemicals in the production with the quantity reaching a specified number shall obtain the relevant license according to law.

Hazardous chemicals construction projects shall be subject to the safety examination of the production safety supervision department in accordance with the law. Where the State and this Municipality have otherwise provided for the safety examination of hazardous chemicals construction project of the port, such provisions shall prevail.

For the construction project of hazardous chemicals production equipment and storage facilities of supporting construction, the development unit shall entrust an agency with appropriate qualifications and ability to do safety evaluation and design of safety facilities, and shall organize the final acceptance and make a written report for reference.

Article 13 (Security System and Staffing)

Enterprises that produce and store hazardous chemicals and enterprises that use hazardous chemicals in the production shall establish a safety management system and safety management agency, and shall have production workshops and storage areas staffed with full-time safety production management personnel, and operation teams with part-time safety production management personnel.

The safety production management personnel shall have the production safety knowledge and management ability corresponding to the production and operation activities conducted by the unit, and shall pass the exam of the competent safety supervision department of hazardous chemicals.

Article 14Signs and Diagrams)

Enterprises that produce and store hazardous chemicals and enterprises that use hazardous chemicals in the production shall set up signs and diagrams in the workplace, informing matters of workplace layout, safety responsibility, normative operations, operational risks and emergency measures.

Article 15Safety Facilities, Equipment and Installation

Enterprises that produce and store hazardous chemicals and units that use hazardous chemicals shall, in accordance with the relevant national regulations and technical standards of the State, set up fire, explosion-proof, lightning protection, anti-toxic, anti-static, monitoring, alarm and interlock safety facilities, equipment and installation, and conduct regular service, maintenance and inspection, make relevant records and keep them for more than 3 years.

Article 16Safety Evaluation and Detection of Production Facilities, Equipment, and Installation

Enterprises that produce and store hazardous chemicals and enterprises that use hazardous chemicals in the production shall, in accordance with the relevant provisions of the State, regularly entrust a safety assessment agency with appropriate qualifications to evaluate the safety of production equipment and storage facilities. As for the explosion proof facilities and equipment in the inflammable and explosive place, it is also necessary to entrust a detecting agency with corresponding qualifications to make detection once every 3 years.

Enterprises that produce and store hazardous chemicals and enterprises that use hazardous chemicals in the production shall take timely corrective measures according to the safety evaluation results, and file the safety assessment and rectification report with the local district/county safety supervision department for the record. The enterprise that store hazardous chemicals in the port area shall submit the safety assessment and rectification to the transportation department for the record.

Article 17Management of Packaging and Containers

The packaging and containers of hazardous chemicals shall be inspected and tested by professional organizations with corresponding qualifications.

Article 18Storage Management)

Hazardous chemicals shall be stored in special warehouses, special places or special storage rooms (hereinafter referred to as the special warehouse), and in accordance with the storage methods, the quantity and safety distance, under classification and separate storage as provided by the relevant technical standards. The mixed storage of hazardous chemicals and forbidden items shall be prohibited.

The special warehouse for hazardous chemicals shall, in compliance with the requirements of the relevant technical standards for safety and fire protection, has the obvious signs set up, and shall be managed by a special person. Hazardous chemicals into and out of storage shall be checked and registered, and inspected on a regular basis.

Highly toxic chemicals should be stored separately in a special warehouse, under the double custody system of double lock, with two receivers and distributors.

Article 19Into and Out of Storage Information

Enterprises that produce and store hazardous chemicals, enterprises that use hazardous chemicals with safety permit and other units that deposit toxic chemicals and explosive hazardous chemicals shall use electronic tags and other automatic identification technology to realize the dynamic management of in and out-of-storage information of hazardous chemicals.

The hazardous chemicals safety supervision department may, based on supervision requirements, have real-time access to hazardous chemicals inventory and in and out of storage information.

Other hazardous chemical units shall be encouraged to use means of information technology to raise the level of safety management of hazardous chemicals.

Article 20Operation Management in Special Places

Where operations of hazardous chemicals are conducted in a confined space or in the place where it is possible to produce toxic and hazardous substances, the following provisions shall be observed:

1. to draw up an operation safety plan and contingency plan for accidents, with approval by the person in charge of the enterprise;

2. to take effective measures such as isolation, ventilation and static grounding, and to analyze and monitor the safety of the working environment;

3. to determine the unified command of the field operations and by persons with professional qualifications carrying out operations, and to set up the necessary communications and rescue equipment; and

4. operators correctly using labor protection supplies in line with national standards.

Units of hazardous chemicals shall be encouraged to entrust professional technical service agencies and industry associations to conduct on-site safety management of hazardous operations such as confined space operations.

Article 21 (Supervision of Unit of Use)

This Municipality shall establish the hazardous chemicals using unit reporting system in accordance with the principle of classification, territorial supervision.

The users of hazardous chemicals such as hospitals, schools and scientific research institutes (except for those subject to the safety permit of hazardous chemicals) shall establish a safety management system of hazardous chemicals and submit the information on the name, quantity, purpose and safety management measures of hazardous chemicals separately to the competent administrative departments of health, education, science and technology once every quarter. Other hazardous chemicals users without the competent authorities shall submit the relevant information to the industrial park management agency or the local town/township people's government and sub-district office.

For the use of hazardous chemicals with unclear danger, it is imperative, according to the requirements of the State for safety technical specifications of relevant material, to enter the physical and chemical characteristics, protective measures and emergency measures and other information into this Municipality's hazardous chemicals registration information system, and submit to the competent authorities.

Relevant competent administrative departments, industrial park management agencies, town/township people's governments and sub-district offices shall supervise, inspect and guide the use of hazardous chemicals within their jurisdiction.

Article 22Safety Requirements for Determining Product Plan

Enterprises that produce hazardous chemicals and enterprises that use hazardous chemicals in the production, when determining or altering the product formula or production techniques, shall organize professionals and technicians or entrust an agency with corresponding qualifications and ability to conduct the safety verification, and formulate rules for safe operation and emergency plan.

Article 23 (Pipeline Safety)

Units that own hazardous chemicals pipelines and the operation and management units shall set up and improve the pipeline safety signs and warning signs, carry out regular inspection, maintenance, repair and renovation of the pipeline, and daily tours of inspection, and, if finding any hidden danger, handle it in a timely manner and make a record accordingly.

Where a hidden danger is caused by a pipeline pressed or for an insufficient safe distance, the local district/county people's government shall organize the town/township people's government, sub-district offices and relevant administrative departments to handle according to law.

The municipal planning, land and construction departments in making the urban and rural planning and construction management shall strengthen the protection of existing hazardous chemicals pipeline.

Article 24 (Management of Waste Disposal)

The disposal of hazardous chemicals and their packages and containers shall comply with the relevant provisions of the State on the prevention and control of environmental pollution by solid waste. The environmental protection department shall supervise the disposal.

Hazardous chemical units shall dispose of hazardous chemicals and their packaging and containers in a timely manner. Unable to dispose, they shall entrust a professional agency with corresponding qualifications to dispose; the costs required shall be borne by units that generate hazardous chemicals.

As for the waste hazardous chemicals and their packaging and containers that the relevant department found and collected in the administrative activities, the said department shall entrust a professional agency with corresponding qualifications to make disposal.

As for the waste hazardous chemicals and their packaging and containers that the public handed over, the public security departments shall accept such things in accordance with the law, and shall entrust a professional agency with corresponding qualifications to make disposal.

Chapter III  Operation of Hazardous Chemicals.

Article 25 (Business License)

The establishment of a hazardous chemicals enterprise shall meet the conditions provided by the State, and an application for the business license shall be made to the safety production supervision department.

Where there are two or more business premises in a hazardous chemical business enterprise, the business license shall be handled separately.

Article 26 (Platform Trading)

This Municipality shall promote the centralized trading of hazardous chemicals and encourage enterprises of production and operation of hazardous chemicals to carry out hazardous chemicals trading through the electronic trading platform of hazardous chemicals.

The electronic trading platform for hazardous chemicals shall have the functions of collecting the information of trade, storage, logistics of hazardous chemicals, and provide the relevant information according to the needs of the safety supervision department of hazardous chemicals.

Safety supervision, transportation, public security and other departments shall support the construction and operation of hazardous chemicals electronic trading platform, and raise the level safety supervision of hazardous chemicals by using the electronic trading platform information.

The notification commitment and other simplified procedures may apply to an operation enterprise of hazardous chemicals without storage facilities dealing in business on the electronic trading platform, when applying for a business license.

Article 27 (Storage Management of Operation Enterprise)

An operation enterprise of hazardous chemicals shall, in accordance with the provisions of Article 18 of these Procedures, store hazardous chemicals in a special warehouse.

An enterprise dealing in retail of hazardous chemicals may store hazardous chemicals in small packages in the business premises, but the total amount shall not exceed the limits set by the State.

Article 28 (Petrol and Gas Stations of Transport Means)

The petrol and gas stations of transportation means shall have emergency cut-off and anti- static grounding devices set up. Such stations, if not meeting the requirements of the fire safety distance and unable to be removed, shall use the technology of separation explosion-proof and oil and gas recovery.

Article 29 (Buying and Selling of Toxic Chemicals, Explosive, Precursory Hazardous Chemicals)

Purchasing highly toxic chemicals, an unit shall hold a corresponding permit according to law or apply to the public security department for the proof of purchase; buying explosive hazardous chemicals, it is necessary to hold the corresponding permit or instructions of legal purposes issued by the corresponding unit; buying precursory hazardous chemicals, the corresponding permit and proof of purchase are needed according to law or before buying, filing with the local public security department for the record.

An operation enterprise of hazardous chemicals shall not sell highly toxic chemicals or explosive, precursory hazardous chemicals to any unit not meeting the conditions provided in the preceding clause, nor sell to an individual highly toxic chemicals (except pesticides, rodenticides, insecticides) and explosive hazardous chemicals

The operation enterprise and buying unit of hazardous chemicals, when selling and buying highly toxic chemicals or explosive, precursory hazardous chemicals, shall enter real-time information of variety, quantity and flow in the supervision information system of the public security department.

Chapter IV  Transport of Hazardous Chemicals

Article 30Conditions of Transport Unit)

Road transport enterprises of hazardous chemicals (including enterprises using their own vehicles for the transport of hazardous chemicals, the same below) and water transport enterprises shall comply with the conditions set by the State and this Municipality, and the specific provisions concerning relevant conditions under Articles 31 and 32 of these Procedures, and shall apply to the transport department for the corresponding qualification.

Road transport enterprises of hazardous chemicals from other provinces and cities engaged in the transport of hazardous chemicals in Shanghai shall hold the enterprise qualification certificates, and relevant certification in compliance with the provisions of Articles 31 and 32 of these Procedures, being filed with the municipal department of transportation for the record; for dealing in the transport of hazardous chemicals in Shanghai, it is necessary to go through the formalities for vehicle inspection with the traffic department as required by this Municipality.

Article 31Means of Transportation

A road transport enterprise of hazardous chemicals shall have a special vehicle in conformity with the relevant technical standards, equipped with safety protection, environmental protection and fire protection facilities and equipment, and suspended or sprayed with a warning sign in accordance with the regulations.

Special vehicle for transportation of hazardous chemicals shall be equipped with vehicle mounted satellite positioning system, and connected to the national and municipal key operating vehicle networking joint control platform.

The waterway transport enterprise of hazardous chemicals shall have ships in accordance with the requirements of the State, such as transport capacity, safety technology and equipment.

Transport ships of hazardous chemicals sailing, parking and operating in this Municipality's navigable waters shall be equipped with a ship borne satellite positioning system and the ship automatic identification system.

The ship satellite positioning system and ship automatic identification system and other equipment set out in this Article shall meet the equipment requirements made by the transportation and maritime departments, and be included in the scope of special vehicles and ships regularly tested.

Article 32Special Parking space

Road transport enterprises of hazardous chemicals shall have a special parking space suitable for the scale of transport. Transport of highly toxic chemicals and of class I packaging hazardous chemicals set by the State shall also have a corresponding special parking area designated, with a clear warning sign set.

No establishment of a dedicated parking space for hazardous chemicals shall be in the city center and the area of new town; the established parking lot shall be removed in accordance with the planning.

Article 33 (Transport Professionals)

Engaged in the transport of hazardous chemicals, the drivers, sailors, handling managers, escorts, appliers on-site inspectors of container (hereinafter referred to as transportation professionals) shall obtain the corresponding qualification certificate.

If a transportation professional changed the business unit, the replaced unit shall complete the alteration formalities with the transportation and maritime departments.

Article 34 (Transport Monitoring)

Road and waterway transport enterprises of hazardous chemicals shall conduct the whole process monitoring of transportation by transport vehicles and vessels of hazardous chemicals through the satellite positioning system and the ship automatic identification system to ensure vehicles and vessels transport according to the set time and route of transportation.

Transportation and maritime departments shall, in accordance with their respective duties and functions, supervise and inspect the whole process of the transportation of hazardous chemicals by transport enterprises of hazardous chemicals.

Article 35 (Consignor's Responsibility)

The consignor of hazardous chemicals shall comply with the following provisions:

1. to inspect the carrier's hazardous chemicals transport qualification certificate or record proof, and retain the copy together with the shipping documents;

2. to provide the carrier with the safety technology specifications of hazardous chemicals, and inform in writing the name, quantity, harm characteristics, emergency measures and other things; and

3. no hazardous chemicals shall be carried secretly among ordinary goods or concealed, and no false report of ordinary goods in consignment shall be made.

Article 36 (Carrier's Responsibility)

The carrier of hazardous chemicals shall comply with the following provisions:

1. to check the consignor's license for the production and operation of hazardous chemicals, retain the copy together with the shipping documents, and no transport of hazardous chemicals is allowed for any unit without the corresponding license;

2. to check the name and quantity of hazardous chemicals before loading and check the packing, and no transport of hazardous chemicals with packaging damaged or not in compliance with requirements; 

3. to handle according to the relevant provisions of the State and the relevant technical standards, and it is not allowed to carry hazardous chemicals in excess of the set load or the limit, or in violation of the stowage isolation requirement;

4. to set up a unified security warning sign in a specified place of the transport vehicle or vessel and display the special signal as required;

5. not to transmit the hazardous chemicals carried to other unit or individual without corresponding qualifications; and

6. to comply with other provisions of the State and this Municipality on the safety management of hazardous chemicals transport.

Article 37 (Transport Agent Operator's Responsibility)

The transport agent operator shall check the consignor's license for production and operation of hazardous chemicals and the carrier's transport qualification certificate of hazardous chemicals and retain the copy together with the shipping documents, and shall not provide hazardous chemicals transport agency services for any unit without the relevant license or qualification certificate, shall not carry hazardous chemicals in the ordinary goods consigned, shall not conceal any hazardous chemicals, and shall not make a false report of hazardous chemicals as ordinary goods in consignment.

Article 38 (Sending and Receiving Entities鈥� Responsibility)

Sending and receiving hazardous chemicals, a unit of hazardous chemicals shall check the operation certificate of transport vehicles of the carrier (including the transport vehicle inspection certificate of other provinces and cities) and the transport professionals鈥� qualification certificate, and retain the copy together with the shipping documents. For receiving hazardous chemicals transported by road from other provinces to Shanghai, it is also necessary to examine the designated crossing inspection records and retain the copy together with the shipping documents.

A unit of hazardous chemicals, when sending and receiving hazardous chemicals, finding one of the following cases, shall immediately take the appropriate safety measures and report to the safety supervision department of the hazardous chemicals:

1. respecting a transport vehicle or vessel without operational documents, or a transport professional without the corresponding qualification certificate, report to transportation or maritime department;

2. respecting a vehicle or vessel overloaded, report to the public security and maritime departments respectively;

3. respecting hazardous chemicals carried secretly among ordinary goods, concealing hazardous chemicals, or making a false report of hazardous chemicals as ordinary good, report to the transportation or maritime department;

4. respecting a transport vehicle of hazardous chemicals from other provinces entering this Municipality not through the designated crossing, report to the public security department; and

5. respecting hazardous chemicals sent by mail or express, report to the postal service department;

A unit of hazardous chemicals, when sending and receiving hazardous chemicals in the import and export link, finding one of the cases specified in the preceding clause, shall also report to the inspection and quarantine department.

Article 39 (Notification and Declaration)

A unit of hazardous chemicals buying or selling hazardous chemicals from or to other provinces and cities, with transport undertaken by a unit from other province or city, shall inform in writing the relevant provisions on the management of the transport of hazardous chemicals of this Municipality, and shall keep the relevant records thereof.

A unit of hazardous chemicals buying or selling flammable, explosive and corrosive chemicals from or to other provinces and cities shall, 24 hours prior to the delivery, declare the carrier's name, the description and quantity of hazardous chemicals, and the place of departure and arrival, route and time of transport to the public security or maritime department.

Article 40 (Road Transport Route and Time)

The municipal public security department shall, jointly with the municipal administration of safety production supervision, traffic and environmental protection and other departments, determine the area, road and time of no traffic for this Municipality's transportation vehicles of hazardous chemicals.

Where it is required to enter a prohibited area or road due to a special situation such as a transport destination, a report shall be made to the public security department in advance, and the public security department shall specify the route and time of the traffic, and issue a temporary pass.

Article 41 (Road Transport Special Circumstances)

Between June 15 and October 15 every year, the road transport of hazardous chemicals, such as flammable and explosive, is prohibited from 10 am to 4 pm.

In case of severe weather or this Municipality's sports events, performances, exhibitions and other major activities, the municipal public security department may, jointly with the municipal safety supervision, transportation and other departments, issue the announcement of road temporary embargo of flammable, explosive and other hazardous chemicals.

The types of flammable and explosive and other hazardous chemicals set out in this Article shall be determined by the municipal production safety supervision department jointly with the municipal public security and traffic departments, published to the public and timely adjusted according to the actual circumstances of this Municipality.

Article 42 (Road Transport of Highly Toxic Chemicals)

For road transport of highly toxic chemicals, the consignor shall, in accordance with the relevant provisions of the State, handle the road transport pass of highly toxic chemicals with the public security department. The carrier shall transport according to the vehicles, drivers, escorts, loading description and quantity, designated route, time and speed specified in the pass.

Article 43 (Crossing Check)

Vehicles carrying hazardous chemicals in and out of this Municipality shall be inspected at the designated crossing.

Crossing inspectors of the transport department shall check the operation documents of vehicles, the qualification certificate of transport professionals, and stamp the transport documents for verification or issue other verification certificate; crossing inspectors of the public security department shall check the vehicle loading condition, and inform the forbidden traffic region, road and time in this Municipality.

For failing to set the uniform security warning sign on a vehicle or overloading hazardous chemicals, the public security department shall take the lead in handling according to law; for no operating certificate or other valid proof of the vehicle, exceeding the limit, carrying secretly, concealing or making false report of hazardous chemicals, the transportation department shall take the lead in handling in accordance with the law.

The crossing set out in this Article shall be determined by the municipal production safety supervision department jointly with the municipal traffic and public security departments.

Article 44 (Ships Carrying and Sailing Management)

A ship carrying hazardous chemicals shall comply with stowage, isolation and other safety technical standards for hazardous chemicals

Bulk liquid chemicals ships carrying flammable, explosive and toxic chemicals in and out of the waters of the Huangpu River shall comply with the requirements of the State for Type-II ships or take equivalent safety protection measures. When the carrier considers it necessary, it is also necessary to take emergency preventive measures such as auxiliary ships on standby, or request navigation and escort to the maritime department.

The marine department may carry out the total amount control of the transport vessels of hazardous chemicals in the waters of this Municipality.

Article 45 (Prohibition and Restriction of Water Transport)

The transport of highly toxic chemicals and other hazardous chemicals provided by the State and this Municipality shall be prohibited in the Huangpu River, inland waters and this Municipality's drinking water source protection areas. The catalogue of hazardous chemicals prohibited from transport by the above-said waters as provided by this Municipality shall be determined and published by the municipal transportation department jointly with the maritime and environmental protection departments.

In case of severe weather or this Municipality's sports events, performances, exhibitions and other major activities, the maritime department may issue a notice to prohibit or restrict the oil tanker and bulk cargo ship carrying flammable, explosive and toxic chemicals sailing in the waters of the Huangpu River.

The marine department may limit the night navigation of ships of hazardous chemicals in the upper reaches of the Yangpu Bridge on the Huangpu River.

The scope of the waters specified in the preceding clause shall be determined by the maritime department jointly with the municipal transportation department.

Article 46 (Port Entry, Exit and Operations)

Vessels carrying hazardous chemicals entering and leaving the port and dock shall complete the declaration formalities with the maritime department in accordance with the relevant provisions of the State.

To conduct the port operations of hazardous chemicals, the relevant qualification shall be obtained in accordance with the relevant provisions of the State, and the report formalities shall be handled with the traffic department.

Article 47 (Provisions of Transport of Dangerous Goods)

Road and waterway transport enterprises of hazardous chemicals transporting hazardous chemicals by road and waterway shall also comply with the relevant provisions of the State and this Municipality on the transport of dangerous goods.

Article 48 (Railways, Civil Aviation and Postal Administration)

Transportation of hazardous chemicals by the railway and civil aviation shall follow the relevant provisions of the State.

No unit or individual shall send hazardous chemicals by mail.

Chapter V  Concentrated Area of Hazardous Chemicals

Article 49 (Concentrated Area)

Apart from petrol and gas stations of transportation means and port construction projects of hazardous chemicals, the construction, reconstruction and expansion of hazardous chemical construction projects in this Municipality shall, in accordance with this Municipality's layout of production and storage of hazardous chemicals, be conducted in the industrial parks or other specialized areas (hereinafter referred to as the concentrated area of hazardous chemicals).

The existing production equipment and storage facilities of enterprises that produce, store and operate hazardous chemicals that are not in the concentrated area, shall, in accordance with the layout of this Municipality's industrial policy, gradually be moved to the concentrated area of hazardous chemicals.

Where a construction project of hazardous chemicals is really needed to be conducted outside the concentrated area due to special reason of supporting industry, the local district/county people's government shall hold a hearing to hear the opinions of the surrounding residents and enterprises, and organize experts to conduct demonstration, and if it is deemed that the comprehensive risk can be reduced, the construction can be carried out in accordance with the law.

Article 50 (Daily Management)

The administrative agency of the concentrated area of hazardous chemicals shall strengthen the daily supervision and management of production safety, guide enterprises to ascertain the main responsibility for production safety, support enterprises in the region to strengthen production safety work with professional technical service agencies, coordinate and solve problems of production safety between enterprises.

Article 51 (Integrated Security Risk Assessment)

The administrative agency of the concentrated area of hazardous chemicals shall entrust the safety evaluation agency to carry out every five years a comprehensive security risk assessment, verify the safety capacity and exercise total control to reduce regional risk.

Article 52 (Law Enforcement Entrusted)

The production safety supervision department may entrust the administrative agency of the concentrated area of hazardous chemicals according to law to carry out the relevant administrative licensing and punishment for the safety supervision of hazardous chemicals.

Chapter VI  Supervision and Management

Article 53 (Catalogue List Management)

This Municipality shall exercise the system of catalog list management for hazardous chemicals. The municipal production safety supervision department shall, jointly with the municipal departments of development and reform, economy and informatization, public security, transportation, environmental protection, planning and land, prepare this Municipality's catalogue of hazardous chemicals prohibited or restricted and control measures, specify the type of hazardous chemicals in production, storage, use and transportation in different regions of this Municipality and relevant management measures, publish it after approval by the Municipal People's Government and make timely adjustment.

The departments of planning and land and development and reform, when carrying out the examination of construction project planning and investment, shall implement the provisions of the catalogue on prohibition, restriction and control measures of hazardous chemicals.

Units of hazardous chemicals shall comply with the catalogue of prohibition, restriction and control measures of hazardous chemicals in carrying out activities of the production and operation of hazardous chemicals.

Article 54 (Construction and Maintenance of Information Exchange Platform)

The safety supervision department of hazardous chemicals and the department responsible for management of the industry and the system shall enter the real-time information they grasp in daily supervision on links of production, management, storage, use, transportation and disposal of hazardous chemicals in the supervision information system of their respective department.

Relying on the government information resource management platform, this Municipality shall establish an information exchange platform for hazardous chemicals to achieve the interconnection of supervision information systems of different departments. The municipal production safety supervision department shall strengthen the comprehensive coordination of the construction of the supervision information exchange platform for hazardous chemicals. The municipal economy and informatization department shall strengthen the information technology support for the construction of the supervision information exchange platform for hazardous chemicals.

Article 55 (Supervision and Inspection)

The safety supervision department of hazardous chemicals, the department responsible for management of the industry and the system, the town/township people's government, the sub-district office and the industrial park management agency shall, in the principle of classification and emphasis, making the annual plan of supervision and inspection of hazardous chemicals, and make supervision and inspection in accordance with the objects, scope and methods of supervision and inspection prescribed by the plan.

Respecting the safety evaluation reports and rectification matters submitted for the record by the enterprises that produce and store hazardous chemicals and enterprises that use hazardous chemicals in the production as required by Article 16 of these Procedures, the production safety supervision and transportation departments shall, every year, carry out spot check of the filed units in the proportion of not less than 30% of the annual record amount.

Article 56 (Professional and Technical Services)

The safety supervision department of hazardous chemicals, the town/township people's government, the sub-district office and the industrial park management agency may engage professional technical service agencies with corresponding qualification and ability to analyze and judge the technical problems and daily monitoring data, and shall according to law, perform the duties of supervision and management based on the professional reports issued by the professional technical service agencies. The professional technical service agencies shall bear legal liability for the professional reports issued by them.

The cost required for engaging and entrusting the professional technical service agencies to issue professional reports and make appraisement may be included in the fiscal budget.

Article 57 (Information Disclosure and Linkage Discipline)

The safety supervision department of hazardous chemicals shall, according to law, make open the information of units of hazardous chemicals and related persons held responsible subject to administrative penalties and prosecution for liability accident, and include the relevant information in this Municipality's public credit information platform.

Respecting a unit of hazardous chemicals in serious violation of the law or having many illegal records, the safety supervision department of hazardous chemicals shall increase the frequency of supervision and inspection; the relevant administrative departments shall, in accordance with the law, set restriction on government procurement, project bidding and honor award.

Article 58 (Work-related Injury Insurance Premium Rate Hooking System)

The system of industrial injury insurance premium rate of units of hazardous chemicals  being linked with the occurrence of enterprise production safety accidents and the standardization of safe production shall be established and perfected in this Municipality, and specific measures shall be formulated by the municipal human resources and social security department jointly with the municipal safety supervision department.

Chapter VII  Legal Liability

Article 59 (Administrative Responsibility)

Where the relevant administrative departments and their staff have one of the following behavior in the process of performing the duties of safety supervision and management of hazardous chemicals, the chief in direct charge and other persons held directly responsible shall be given a warning or demeritif the circumstances are relatively serious, a serious demerit or demotion; and if the circumstances are serious, the wrongdoer shall be dismissed:

 1. failing to carry out supervision and inspection in accordance with the annual supervision and inspection plan;

 2. exceeding or abusing the statutory authority; or

 3. concealing or making a false or delayed report of a hazardous chemicals accident.

If a behavior set out in the preceding clause directly leads to a hazardous chemical accident, the chief in direct charge and other persons held directly responsible shall be given a demerit or serious demerit; if the circumstances are relatively serious, the wrongdoer shall be punished by demotion or removal from office; and if the circumstances are serious, the wrongdoer shall be expelled.

Article 60 (Punishment for Violation of Provisions of Construction)

The development unit in violation of the provisions of Clause 3 of Article 12 of these Procedures, failing to entrust an agency with corresponding qualification and ability to make safety assessment and design of safety facilities for the construction project of production equipment and storage facilities of hazardous chemicals of supporting construction or failing to organize the final acceptance, shall be ordered to make corrections by the production safety supervision department and may be imposed of a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 61 (Punishment for Illegal Production, Storage, Use)

An enterprise that produces and stores hazardous chemicals or an enterprise that uses hazardous chemicals in violation of the provisions of Articles 14 and 20 of these Procedures, having one of the following cases, shall be ordered to make corrections by the production safety supervision department and the transportation department in accordance with the division of responsibilities, and be imposed of a fine of not less than 10,000 yuan but not more than 50,000 yuan:

 1. failing to set up signs and diagrams in the workplace; or

 2. doing operations of hazardous chemicals in a limited space or in a place where toxic and hazardous substances may be generated without taking any safety management measures as required.

An enterprise that produces and stores hazardous chemicals or an enterprise that uses hazardous chemicals failing to assign safety production management personnel in the production workshop, storage area and operations team as required under Article 13 of these Procedures shall be ordered to make corrections by the production safety supervision department and transportation department in accordance with the division of responsibilities, and shall be imposed of a fine of not less than 5,000 yuan but not more than 20,000 yuan.

Article 62 (Punishment for Violation of Provisions of Storage Information)

An enterprise that produces and stores hazardous chemicals or an enterprise that uses hazardous chemicals with safety permit or other unit that deposits toxic chemicals and explosive hazardous chemicals, failing to use electronic tags and other automatic identification technology as required under Article 19 of these Procedures shall be ordered to make corrections by the production safety supervision, public security and transportation departments in accordance with the division of responsibilities, and may be imposed of a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 63 (Punishment for Failing to Declare Information on Use of Hazardous Chemicals as Required)

A unit that uses hazardous chemicals in violation of the provisions of Article 21 of these Procedures, failing to submit relevant information of hazardous chemicals in a timely manner, shall be ordered to make corrections by the relevant departments in accordance with the division of responsibilities, and may be imposed of a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 64 (Punishment for Violation of Provisions of Product Plan Determining)

An enterprise that produces hazardous chemicals or an enterprise that uses hazardous chemicals in the production in violation of the provisions of Article 22 of these Procedures, failing to make safety demonstration or rules for safe operation or an emergency plan in determining or altering product formula and production process, shall be ordered to make corrections by the production safety supervision department, and may be imposed of a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 65 (Punishment for Illegal Operation)

The petrol or gas station of transportation means, failing to set up the emergency cut-off and anti-electrostatic grounding device or adopt the technology of separation explosion-proof, oil and gas recovery as required under Article 28 of these Procedures, shall be ordered to make corrections by the production safety supervision department and the gas management department in accordance with the division of responsibilities, and be imposed of a fine of not less than 20,000 yuan but not more than 100,000 yuan.

An operating enterprise or buying unit of hazardous chemicals in violation of the provisions of Clause 3 of Article 29 of these Procedures, failing to enter the real-time information of the sale or purchase of highly toxic chemicals or explosive, precursory hazardous chemicals in the supervision information system of the public security department, shall be ordered to make corrections by the public security department and be imposed of a fine of not less than10,000 yuan but not more than 50,000 yuan.

Article 66 (Punishment for Violation of Provisions of Registration of Employment Change and Transport Monitoring)

A road and waterway transport enterprise of hazardous chemicals in violation of the provisions of Clause 2 of Article 33 of these Procedures, failing to complete the alteration formalities as required for any transportation professional changing employer, shall be ordered to make corrections by the transportation and maritime departments according to the division of responsibilities, and be imposed of a fine of not less than ,1000 yuan fine but not more than 5,000 yuan.

A road and waterway transport enterprise of hazardous chemicals in violation of the provisions of Article 34 of these Procedures, failing to set the satellite positioning system and the automatic identification system to conduct whole process monitoring of transportation of transport vehicles or ships of hazardous chemicals, shall be ordered to make corrections by the transportation and maritime departments according to the division of responsibilities, and be imposed of a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 67 (Punishment for Violation of Provisions of Consignment, Acceptance, Delivery and Reception)

A unit of hazardous chemicals in violation of the provisions of Articles 35 and 38 of the Procedures, having one of the following cases, shall be ordered to make corrections by the transportation, maritime, postal service, inspection and quarantine departments in accordance with the division of responsibilities, and may be imposed of a fine of not less than 10,000 yuan but not more than 50,000 yuan:

1. The consignor fails to check the carrier's hazardous chemicals transport qualifications or filing certificate record, make copy and keep it together with the shipping documents;

2. The unit of hazardous chemicals, when sending and receiving hazardous chemicals, fails to check the operating certificate of the transport vehicle or ship, or the qualification certificate of professional personnel, make copy and keep it together with the shipping documents;

3. The receiving unit of hazardous chemicals, when receiving hazardous chemicals transported by road from other provinces to Shanghai, failing to check the designated crossing inspection record, make copy and keep it together with shipping documents; or

4. The unit of hazardous chemical, when sending or receiving hazardous chemicals, finding any illegal behavior, fails to take proper measures or report to the relevant departments.

A unit of hazardous chemicals buying or selling hazardous chemicals from or to other provinces and cities, failing to inform in writing the relevant provisions of the transport of hazardous chemicals in this Municipality and keep the notification record as required under Clause 1 of Article 39 of these Procedures, shall be ordered to make corrections by the transportation and maritime departments in accordance with the division of responsibilities, and be imposed of a fine of not less than 1,000 yuan but not more than 5,000 yuan.

A unit of hazardous chemicals buying or selling from or to other provinces and cities flammable, explosive and corrosive chemicals, failing to declare transport arrangements in advance as required under Clause 2 of Article 39 of these Procedures, shall be ordered to make corrections by the public security department or by the maritime department in accordance with the division of responsibilities, and be imposed of a fine of not less than 5,000 yuan but not more than 30,000 yuan.

The carrier in violation of the provisions of Item 5 of Article 36 of these Procedures, transmitting the carriage of hazardous chemicals to the other without corresponding qualifications for transportation, shall be ordered to make corrections by the transportation and maritime departments in accordance with the division of responsibilities, and be imposed of a fine of not less than 20,000 yuan but not more than 100,000 yuan.

Article 68 (Punishment for Violation of Provisions of Road Embargo and Designated Crossing Traffic)

A road transport enterprise of hazardous chemicals in violation of the provisions of Articles 41 and 43, having one of the following cases, shall be ordered to make corrections by the public security department, and be imposed of a fine of not less than 20,000 yuan but not more than 100,000 yuan:

1. violation of the provisions of the road embargo against the special circumstances; or

2. the vehicle fails to enter and leave this Municipality by the designated crossing.

Article 69 (Punishment for Violation of Provisions of Water Transport)

A waterway transport enterprise of hazardous chemicals in violation of the provisions of Articles 44 and 45 of the Procedures, having one of the following cases, shall be ordered to make corrections by the maritime department, and be imposed of a fine of not less than 20,000 yuan but not more than 100,000 yuan:

1. A ship of bulk liquid chemicals carrying flammable, explosive and toxic chemicals sailing in the waters of the Huangpu River, fails to comply with the requirements provided by the State for type II ship or fails to take the equivalent safety protection measures;

2. An oil tanker and bulk cargo ship carrying flammable, explosive, toxic chemicals violates the provisions on transport prohibited or restricted in severe weather;

3. Violation of the restrictive measures of the maritime department concerning ships of hazardous chemicals sailing at night in the prescribed waters at the upper reaches of Yangpu Bridge on the Huangpu River; or

4. Failing to transport hazardous chemicals as required by total amount control of hazardous chemical transport vessels.

Article 70 (Punishment for Violation of Prohibition, Restriction, Control Measures)

A unit of hazardous chemicals in violation of the provisions of Clause 3 of Article 53 of these Procedures, conducting activities of production and operation, failing to comply with the catalog of the prohibitions, restrictions and control measures of hazardous chemicals, shall be ordered to make corrections by the safety supervision department of hazardous chemicals in accordance with the division of responsibilities, and may be imposed of a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Chapter VIII  Supplementary Provisions

Article 71 (Risk Deposit)

The Municipality shall, in accordance with the relevant provisions of the State, exercise the system of risk deposit for units of hazardous chemicals. The unit of hazardous chemicals that has taken commercial safety liability insurance may not pay the risk deposit.

The specific implementation measures for the risk deposit shall be formulated separately by the municipal production safety supervision department jointly with the relevant departments according to the relevant provisions of the State.

Article 72 (Definition)

The following terms used in these Procedures mean:                     

1. The construction project of hazardous chemicals means the construction project of the production and storage of hazardous chemicals and the chemical construction project with hazardous chemicals generated (including construction project of long-distance pipeline of hazardous chemicals, except the construction project of the production installation and storage facilities of hazardous chemicals under supporting construction) and the fixed asset investment project subject to investment examination, approval and filing for the record.

2. The construction project of hazardous chemicals production equipment and storage facilities under supporting construction means the fixed assets investment project constructed by the metallurgy, nonferrous metals, building materials, machinery, light industry, textile, tobacco, business and trade enterprises, to produce and store hazardous chemicals and to be used for the main production and operation.

3. The enterprise that uses hazardous chemicals in the production means the enterprise using hazardous chemicals as raw materials for the production of chemicals (except hazardous chemicals).

4. The electronic trading platform for hazardous chemicals means the platform that is based on the modern information technology (Internet, Internet of Things, e-commerce) to facilitate the transaction of hazardous chemicals.

5. The limited space means all kinds of tower, tank, cauldron, trough, jug, furnace, boiler, pipeline, container and basement, manhole, pit (pond), sewer or other closed and semi closed places.

Article 73 (Date of Implementation and Abolishment)

These Procedures shall be effective as of January 1, 2017. The Procedures of Shanghai Municipality on Safety Management of Hazardous Chemicals promulgated by Decree No.56 of Shanghai Municipal People's Government on February 16, 2006 and amended according to the Decision of Shanghai Municipal People's Government on Revising 148 Regulations of the Municipal People's Government including Interim Regulations of Shanghai Municipality on Handling Agriculture Machinery Accidents promulgated by Decree No.52 of Shanghai Municipal People's Government on December 20, 2010 shall be repealed simultaneously.