Stricter Penalties | Enterprises Involved in Hazardous Chemicals: Review Product Registration Status Promptly and Ensure Compliance!

Release Date:

2022-10-25

The National Emergency Management Ministry is responsible for advancing the upgrade and modernization of the chemical registration system. The National Comprehensive Service System for Hazardous Chemical Registration went live on February 16 this year, aiming to enhance the digital and intelligent management of safety risks associated with hazardous chemicals.

Since the beginning of this year, registration authorities across the country have been steadily guiding enterprises to complete their registration updates and have taken action against those that have yet to register. The力度 of rectification and penalties has been increased. 。

01 Basic Requirements for Implementing Registration

At this stage, the National Emergency Management Department has completed the upgrade and renovation of its registration system; however, the basic registration requirements continue to be governed by the Regulations on the Safety Management of Hazardous Chemicals (Order No. 591) and the Measures for the Administration of Hazardous Chemical Registration (Order No. 53).

02 Complete “registration” as soon as possible and promote the “one enterprise, one product, one code” initiative.

In the new system, production and imported products that have completed registration will automatically generate a QR code. To advance the “one enterprise, one product, one code” initiative, some provinces and municipalities have also established specific timelines and requirements for chemical‑hazardous‑substance registration and QR‑code labeling.

Other provinces and municipalities not explicitly mentioned have also, to varying degrees, advanced system upgrades and the implementation of the “one enterprise, one product, one code” initiative. Enterprises should, in accordance with the requirements of their local hazardous chemicals regulatory authorities, complete hazardous chemicals registration by the end of this year and actively support the rollout of the “one enterprise, one product, one code” policy.

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03 Increase the severity of penalties

In accordance with the State Council’s Regulations on the Safety Management of Hazardous Chemicals, all enterprises involved in hazardous chemicals are required to register such substances with the Chemical Registration Center of the Ministry of Emergency Management. Enterprises that fail to comply with this registration requirement shall be subject to penalties.

Pursuant to Order No. 591, Article 78, Paragraph 1, Item 12 provides that… : If a manufacturer or importer of hazardous chemicals fails to register such chemicals, or fails to file an amendment to the registration when new hazardous properties are discovered in the chemicals it produces or imports, the safety production supervision and administration department shall order it to make corrections and may impose a fine of no more than RMB 50,000; if it refuses to make corrections, a fine of more than RMB 50,000 but not exceeding RMB 100,000 shall be imposed; in cases of serious violations, the entity shall be ordered to suspend production and operations for rectification.

According to Order No. 53, Article 29 If a registered enterprise fails to carry out registration of hazardous chemicals, or fails to amend its registration when the registered varieties change, or fails to file for an amendment to its registration upon discovering new hazardous properties in the hazardous chemicals it produces or imports, it shall be ordered to make corrections and may be subject to a fine of no more than RMB 50,000; if it refuses to make corrections, it shall be subject to a fine of no less than RMB 50,000 but no more than RMB 100,000; in cases of serious violations, it shall be ordered to suspend production and business operations for rectification.

Article 30 　Enterprises that engage in any of the following acts shall be ordered to make corrections and may be subject to a fine of no more than RMB 30,000:

(1) Failure to provide emergency consultation services to users, or provision of such services that does not comply with the provisions of Article 22 of these Measures (Order No. 53);

(2) During the validity period of the hazardous chemicals registration certificate, if the enterprise name, registered address, or emergency consultation service telephone number changes and the enterprise fails to timely carry out the prescribed procedures for amending the hazardous chemicals registration;

(3) Where, upon expiration of the validity period of the hazardous chemicals registration certificate, the entity fails to apply for renewal and re‑issuance in accordance with the relevant regulations and continues to engage in production or importation;

(4) Transferring, impersonating, or using a forged hazardous chemical registration certificate, or failing to accurately complete the registration information or submit the relevant materials;

(5) Refusing or obstructing the registration authority from conducting on-site inspections of this enterprise’s hazardous chemical registration status.

With the completion of the registration system’s upgrade and the implementation of the “One Enterprise, One Product, One Code” policy, in accordance with the requirements of the National Plan for Centralized Rectification, The state and various provinces and municipalities are steadily strengthening regulatory oversight of hazardous chemical registration. , some provinces and cities have already imposed corresponding administrative penalties and fines on enterprises that fail to comply with hazardous chemical registration requirements.

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(Image captured from the official website of the Emergency Management Department of a certain province)

04 Recommendations

Although the current registration system for hazardous chemicals has been in place for nearly a decade, as a fundamental administrative measure driven by the need for safety management, it has not only failed to relax its requirements but has instead undergone continuous reforms and enhancements.

Accordingly, it is recommended that manufacturers and importers of hazardous chemicals conduct a thorough review of their product portfolios, promptly complete registration for products that meet the registration requirements, and verify the compliance of products already registered in the system. At the same time, they should cooperate with national and local authorities in implementing the “One Enterprise, One Product, One Code” initiative.

Source: Official Account: Hangzhou Rui’ou Technology Co., Ltd.

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