Case Analysis: Ingredients Disclosure Requirements on Dangerous Goods Shipping in Yangtze River Basin

According to the Yangtze River Protection Law of the People's Republic of China (hereinafter referred to as Law), the highly toxic chemicals, as well as other hazardous chemicals that are prohibited from inland waterway transport (hereafter referred to as the 'prohibited chemicals'), are not allowed to transport in the Yangtze River Basin since March 1, 2021. The Shanghai Ministry of Maritime Administration (MSA) published a notice on February 18, 2021 to elaborate rules, reminding all shipping companies involved in relevant activities in Shanghai Port of Yangtze River (including Waigaoqiao Port) to strictly comply with the Law. Violations will result in a fine of up to two million yuan, and for severe violation, the license may be revoked. It provides a legal foundation for the Shanghai MSA to implement the rules, while controversy abounds in actual enforcement. Many shipping companies have required shippers to disclose 100% component information on the Safety Data Sheet (SDS) to determine if the DG cargoes are prohibited to ship in the Yangtze River Basin. However, full disclosure on SDS is not mandatory according to China GHS and obviously it may divulge trade secrets. To address the issues, the Shanghai MSA published a Notice on February 8, 2022. For more details of the Notice, please read this: Dangerous Goods Shipping in Yangtze River Basin: How to Deal with the Recent Ingredients Disclosure Requirements by Maritime Safety Administration