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China Releases Measures for Public Security Administration of Explosive Precursor Hazardous Chemicals

China MPS released the Measures for Public Security Administration of Explosive Precursor Hazardous Chemicals on 6th July, which will take effect on 10th August. Compared with the draft released at the beginning of this year, the official version is more appropriate and accurate in expression. It also redefines the scope of application of some provisions and makes some content more detailed.

On 6th July, China Ministry of Public Security (MPS) released Decree 154 [1] of 2019, the publication of the official version of the Measures for Public Security Administration of Explosive Precursor Hazardous Chemicals. These Measures will take effect on 10th August. In January 2019, MPS released the draft [2] of the measures and sought feedback from the public. (Chemlinked News [3]). From a content point of view, the official version and the draft are not much different.

The Measures still contains seven chapters, including: 

  • Chapter 1 General Provisions

  • Chapter 2 Record Filing for Sales, Purchases, and Distribution

  • Chapter 3 Disposal, Use, Transport, and Information Release

  • Chapter 4 Public Security Precautions

  • Chapter 5 Supervision and Inspections

  • Chapter 6 Legal Liability

  • Chapter 7 Supplementary Provisions 

Compared with the draft, the official version is more appropriate and accurate in expression and it also redefines the scope of application of some provisions and makes some content more detailed. Here are the major difference between the two versions: 

Article

Changes

23

A new provision that “It is forbidden for any entities other than the entities subject to risks of explosive precursor hazardous chemicals to publish information on the explosive precursor hazardous chemicals and establish connected links on the Internet” is added.

24

The provision that “It is forbidden for any entities to use the Internet to smuggle and sell explosive precursor hazardous chemicals” is deleted.

42

Stop referring to the China Internet Information Service Management Measures and specific penalties for violations of Article 23 and Article 24 are added.

48

Content about disinfectants is added. The manufacturers of disinfectants containing explosive precursor hazardous chemicals is under management just like the manufacturers of food additives, pharmaceuticals and veterinary drugs, which have been mentioned in the draft. While the Measures are not applicable to the production, sale, purchase (including personal purchase), storage, use, transportation and disposal of finished products, there are specific regulations to regulate different kinds of products.

In addition to the changes mentioned above, the official version expands its applicable objects by deleting some attributes. Now all the entities are subject to management as per the stipulations outlined in the Measures when their actions are involved in handling of explosive precursor hazardous chemicals.

To obtain more information about the Measures, please read the news about the draft or visit the MPS website.

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