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Guidance for the Implementation of China 2015 Inventory of Hazardous Chemicals (Trial)
The issuance of China Inventory of Hazardous Chemicals (2015) and the Guidance for the Implementation of China Inventory of Hazardous Chemicals (Trial) have meant that the definition of hazardous chemicals has been made clear from a regulatory perspective.
Based on the Implementation Guidance, hazardous chemicals can be further divided into the following groups according to their corresponding work safety obligations:
Fig. 1 – Regulatory classification of hazardous chemicals in terms of work safety
Explanations:
1. Hazardous chemicals subject to Hazchem management
Under the overarching Decree 591, hazardous chemicals are administrated through a complex regulatory network in China in a tiered approach. While all chemicals classified under the GHS are hazardous chemicals in nature, in the strict legal context “hazardous chemicals” refers to a specific classification of chemicals. Many regulatory analysts would prefer to consider chemicals subject to hazchem registration (under SAWS Order 53) as hazardous chemicals, though under many other regulatory schemes (e.g. under the Ministry of Environmental Protection) hazardous chemicals simply mean chemicals listed in the Inventory.
To better identify the different regulatory requirements for various chemical products, stakeholders need to follow the steps below and decide which category applies to each chemical product in question. (From top to bottom, stop when any category applies.)
1.1 Chemicals specifically listed in the Inventory
They can be found by the CAS numbers or chemical names in China Inventory of Hazardous Chemicals (2015). The English names of the listed chemicals are available in the Implementation Guidance.
1.2 Chemicals under Entry No.2828
Synthetic resins, auxiliary materials, paints and other products containing flammable solvent (flash point not more than 60℃)
The Classification Information Sheet lists 88 kinds of common chemical products under this entry for reference. Unlisted coatings, resins, inks, adhesives and sealants are deemed as substances with a high potential for classification under this category. For a detailed determination method please refer to Article 7 of the Implementation Guidance.
1.3 Chemicals eligible for the 70% principle
“70% principle”: A chemical is regarded as a hazardous chemical subject to the administrative licensing as long as it contains ingredients listed in the Inventory and the summation of their contents is equal to or more than 70% (w/w or v/v). (Summarized from Article 5, Implementation Guidance)
For more discussions related to the 70% principle and Article 5 & 6 of the Implementation Guidance, please refer to Part 1: Implementation Rules.
1.4 Chemicals eligible for the hazardous chemical determination principle
A hazardous chemical falls into this category if its GHS classification result matches any of the 81 hazard categories adopted by the Inventory. On the other hand, deciding a chemical is not eligible for the hazardous chemical determination principle, hazard identification and classification is necessary to prove the chemical does NOT fall into any of the 81 hazard categories. Note the scope may be subject to change along with the future adjustment of the Inventory. For more discussions related to the hazardous chemical determination principle, please refer to Part 2: Classification.
2. Chemicals with certain hazard properties
These chemicals are thought to pose lower risks to human health and the environment, so there are fewer obligations in addition to hazard identification, classification and hazard communication, so as not to impose unnecessary burden to the industry and trade sectors.
2.1 Chemicals classified under the GHS (but not eligible for the hazardous chemical determination principle)
The rest of the chemicals classified under the GHS belong to this category.
Summary of the industry obligations
| 1.1 Chemicals specifically listed in the Inventory of Hazardous Chemicals | 1.2 Chemicals under Entry No.2828 | 1.3 Chemicals eligible for the 70% principle | 1.4 Chemicals eligible for the hazardous chemical determination principle | 2.1 Chemicals classified under the GHS |
|---|---|---|---|---|---|
Hazard identification and classification | Classification (Implementation Guidance & GB 30000 series) | Physical hazard identification (SAWS Order 60), and classification (GB 30000 series) | Physical hazard identification (SAWS Order 60), and classification (GB 30000 series) | Physical hazard identification (SAWS Order 60), and classification (GB 30000 series) | Classification (GB 30000 series) |
Labeling & SDS | Mandatory | Mandatory | Mandatory | Mandatory | Effort obligation |
Hazchem registration (SAWS Order 53) | Yes | Yes | Yes | Yes | No |
Work safety administrative licensing | Safe manufacturing permit (SAWS Order 41); Safe operation permit (SAWS Order 55); Safe use permit (Use quantities Standard, SAWS Order 57) | Safe manufacturing permit (SAWS Order 41); Safe operation permit (SAWS Order 55) | Safe manufacturing permit (SAWS Order 41); Safe operation permit (SAWS Order 55) | No | No |
Environmental management registration (MEP Order 22) | Yes | Not specified* | No | No | No |
Import & export commodity inspection (a.k.a. Entry-Exit Inspection) | Statutory inspection (AQSIQ Announcement 30 of 2012, Catalogue of Inspection and Quarantine) | Statutory inspection (AQSIQ Announcement 30 of 2012, Catalogue of Inspection and Quarantine) | Not specified* | Spot check | Spot check |
Transport of dangerous goods (TDG) | Decide dangerous goods, and follow relevant transport regulations | Follow relevant transport regulations | Identify dangerous goods, and follow relevant transport regulations | Identify dangerous goods, and follow relevant transport regulations | Non-dangerous goods |
Industrial production licensing of hazchems | Yes (Catalogue of Industrial Product Subject to Production Licensing, issued by AQSIQ) | Yes (Catalogue of Industrial Product Subject to Production Licensing, issued by AQSIQ) | No | No | No |
* "Not specified" indicates there has not yet been any official specification by the corresponding competent authority on the matter but the category is very likely to fall into the regulatory scope.
About the Author
Mr. Sun is a senior regualtory consultant of REACH24H Consulting Group China. He is extremely experienced in chemical classification, labeling and compiling SDS in accordance with the requirements of China GHS. He regularly runs training programs on China GHS and hazardous chemical regulations for the international companies such as Würth Group, Vaillant GmbH, Coloplast A/S, Cardolite Corporation. Currently his focus is on hazardous chemical regulations in China, mainly the Regulations on the Control over Safety of Hazardous Chemicals" (Decree 591).
