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Breaking! China Hazardous Chemicals Safety Law (Second Draft for Review) Published

Sep 28, 2025
China
Hazardous Chemicals
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On September 16, 2025, the Hazardous Chemicals Safety Law of the People's Republic of China (Second Draft for Review) was published after deliberation at the 17th session of the Standing Committee of the 14th National People's Congress.

Background

As a major global producer, user, importer, exporter, and consumer of hazardous chemicals, China boasts a large-scale industry spanning extensive sectors. However, the safety production situation remains severe. The current regulatory framework struggles to meet the safety management demands of the entire supply chain and multiple segments, necessitating specialized legislation to enhance safety governance capabilities. The draft stipulates provisions for the planning layout, production and storage safety, usage safety, operational safety, transportation safety, registration, emergency response for accidents, and legal liabilities related to hazardous chemicals in China. It aims to prevent and reduce hazardous chemical accidents, safeguard public health, life, and property safety, and protect the ecological environment. The law applies to the safety management of hazardous chemicals in production, storage, usage, operation, and transportation.

Main Contents

General Provisions

  • Hazardous chemical entities shall implement a full staff safety production responsibility system, establish a dual preventive mechanism for safety risk classification control and hidden hazard investigation and management, and maintain records for major hazardous sources of hazardous chemicals while conducting regular inspections.
  • No entity or individual may produce, use, or trade hazardous chemicals prohibited by the state. Where the state imposes restrictive regulations on the use of hazardous chemicals, no entity or individual may violate these restrictions.
  • Any entity or individual has the right to report or notify violations of this law or potential safety hazards to departments responsible for hazardous chemicals safety supervision and management.

Planning and Layout

  • Chemical industrial parks shall be designated and published by provincial, autonomous regional, or municipal governments or their authorized departments. These parks must undergo comprehensive safety risk assessments at least once every three years and implement measures to eliminate, reduce, or control safety risks effectively.
  • The safety distance between hazardous chemical production facilities or storage facilities constituting major hazardous sources and schools, residential areas, and other public spaces must comply with national regulations.

Production and Storage Safety

  • Entities producing or storing hazardous chemicals must clearly mark hazardous chemical pipelines and conduct regular inspections, testing, and patrols.
  • Before production, hazardous chemical manufacturers must obtain a hazardous chemicals safety production license in accordance with relevant regulations.
  • Hazardous chemical manufacturers and importers must provide Chinese-language chemical safety technical specifications consistent with the hazardous chemicals they produce or import. They must also attach, print, or hang Chinese-language chemical safety labels matching the hazardous chemicals in their packaging.

Usage Safety

  • Chemical enterprises using state-specified types of hazardous chemicals for production in quantities meeting specified thresholds (excluding hazardous chemical producers) must obtain a hazardous chemicals safety usage license as stipulated by this law.
  • Entities using hazardous chemicals must provide chemical safety technical specifications and safety labels for chemicals used in workplaces to employees, strengthen training and education, and inform them of measures to take in emergencies.

Operational Safety

  • The state implements a licensing system for hazardous chemicals operations. Without a license, no entity or individual may engage in hazardous chemicals trading.
  • Hazardous chemical producers and traders must provide purchasers with chemical safety technical specifications that comply with laws, administrative regulations, national standards, and industry standards.

Transportation Safety

  • Entities engaged in road or waterway transportation of hazardous chemicals must register with market supervision authorities and obtain road transport permits for hazardous goods, corresponding waterway transport permits, or complete filing procedures in accordance with laws and administrative regulations on road and waterway transportation.
  • For road transportation of highly toxic chemicals, the consignor must apply for a road transport permit for highly toxic chemicals from the public security authority at the county level of the place of departure or destination.

Hazardous Chemicals Registration

  • Hazardous chemical producers and importers must register with hazardous chemicals registration agencies. Registration includes classification and labeling information, physical and chemical properties, main uses, hazardous characteristics, safety requirements for storage, usage, and transportation, and emergency response measures for hazardous situations.

Emergency Response for Accidents

  • In emergencies where the safety of individuals is directly threatened, on-site supervisors, team leaders, and dispatchers of hazardous chemical entities have the authority to immediately order a halt to production and evacuate personnel, ensuring safety while directing endangered individuals to evacuate.

Legal Liabilities

  • Entities producing, using, or trading hazardous chemicals prohibited by the state will be ordered by emergency management departments to cease production, usage, or trading activities. Illegal gains will be confiscated, along with illegally produced, used, or traded hazardous chemicals and related tools, equipment, and raw materials. Fines will also be imposed.

Supplementary Provisions

  • The import and export management of hazardous chemicals shall comply with laws, administrative regulations, and rules on foreign trade. If exported hazardous chemicals involve items controlled under the Export Control Law of the People's Republic of China, relevant laws, administrative regulations, and rules on export control shall apply. The safety management of imported hazardous chemicals regarding storage, usage, operation, and transportation shall comply with this law.

The public may submit feedback on the draft within 30 days through the methods specified on the official website.

 

Further Information

NPC

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