On March 11th 2011, the Chinese government officially published the revised regulation “Regulation on the Safe Management of Dangerous Chemicals” (Decree No. 591).
The regulation will enter into force on December 1st 2011 and replaces the previous version published in 2002 (Decree No. 344). The updated decree is regarded as the basis for official GHS implementation which will cover labeling and SDS/MSDS requirements for industry in China.
The Chinese State Council has highlighted five major areas of improvements in the revised decree, as listed below:
1. Manufactures should apply for a “Hazardous Chemicals Safe Use Permit” prior to producing hazardous chemical substances.
2. The procedure for application of a “Hazardous Chemicals Business License” has been facilitated for distributors of hazardous chemicals. The license can now be approved by the municipal and county level security department.
3. The transportation of hazardous chemicals by inland waterway will now be permitted if the relevant departments can manage the risk and control the potential exposure.
4. The registration procedure for hazardous chemical substances has been modified. The decree indicates that there will be a document released providing guidance on classification of hazardous chemicals based on their physico-chemical, environmental hazard and toxicological properties.
5. The enforcement of the regulation has been enhanced with punishment for violations more severe.
It is suggests that non-Chinese companies should especially pay attention to the revision of the registration of hazardous substances. Attention should also be paid to the future implementation of “Measures for the Environmental Management of Hazardous Chemical Substances” as indicated in the updated regulation.
Non-Chinese companies will be included in addition to Chinese companies who require registration of hazardous substances in the revised Decree (No. 591). Under the previous decree (No. 344), there was no obligation for non-Chinese companies to register hazardous substances. However, revised decree, foreign exporters of hazardous chemical substances to China are facing a looming challenge of future registration.
Furthermore, the scope of hazardous substances which will be required to be registered before production or import is also going to be broadened. Under Decree (No. 344), the 3000+ substances listed in the “hazardous chemicals catalogue” are required to be registered by Chinese producers. Substances listed in the “Highly Toxic Chemical Substances List”, of which there are over 150, also require registration by Chinese and non-Chinese companies.
With the implementation of Decree (No. 591), the “Dangerous Goods List” is being updated by SAWS, and is expected to double in capacity.
