Interview | Official Interpretation of Hazchem QR Code Application in China

1. a) When will the regulation on Hazchem QR Code application be published? b) Will it be a national standard for labeling?

For question a): The release date of the regulation remains uncertain.

For question b): The regulation on Hazchem QR Code application will be issued by the Ministry of Emergency Management as departmental rules. The GB 15258-2009 General rules for preparation of precautionary label for chemicals is the national standard for labeling of chemicals, and the project of revising this standard is under approval to incorporate the QR code requirements.

2. I wonder if overseas enterprises can appoint a representative agent to comply with the Hazchem QR requirements in China? If not, I think a great compliance burden will be imposed on overseas enterprises.

At present, only key cities and provinces in China are piloting the Hazchem QR program. The authority is accumulating experience and collecting comments from the public to optimize the content of the regulation on Hazchem QR Code application. As for the adoption of the representative agent in this regulation, it depends on the further development of the pilot programs of Hazchem QR in China.

3. a) Will the customs cooperate with the emergency management department, and will the customs check the QR code when importing chemicals? b) How to display the QR code on the imported hazardous chemicals? c) Can importers in China affix the QR codes instead of overseas manufacturers, and are there any requirements for the time of affixing the QR codes?

For question a): Currently, only the Ministry of Emergency Management of the People's Republic of China is responsible for promoting the implementation of Hazchem QR codes, and China customs have not yet included the Hazchem QR code in the supervision scope.

For questions b) & c): Once the Hazchem QR code becomes mandatory for hazardous chemical management within the territory of China, for imported hazardous chemicals, a Hazchem QR code shall be affixed to the blank space in the lower right corner of the label before the product enters customs, or the Hazchem QR code shall be displayed on the label and printed together. Overseas manufacturers are obliged to assist importers in China to affix the Hazchem QR codes. If it cannot be completed by overseas manufacturers before entering customs, importers must affix the Hazchem QR codes to the corresponding products before entering the market. That is, importers in China can transport the imported hazardous chemicals to their warehouses after customs clearance first and affix the Hazchem QR codes when repacking them, and then they can be circulated in China’s market.

4. In addition to Guangdong, will there be other cities piloting the Hazchem QR code in the future? When? In which cities? Will there be a transition period, and how long is it expected to be?

The corresponding pilot programs will be gradually rolled out in Shangdong, Zhejiang, Shanghai, etc.

In fact, the department of emergency management in Shangdong has already issued the official document to carry out the Hazchem QR code application in Shandong (CL news). Enterprises that manufacture/import hazardous chemicals in Shandong are required to affix the generated Hazchem QR code to the packages of the hazardous chemicals or display it on the blank space of the corresponding label before October 30, 2022.

The pilot program in Zhejiang will focus on ensuring the consistency of information conveyed through the QR code and the e-waybill of the dangerous goods. Hazchem QR code pilot program in Shanghai will be carried out according to the local situation as well. However, the official documents for Zhejiang and Shanghai’s pilot programs have not yet been issued.

Based on the official documents issued for Guangdong and Shandong, a transition period for the Hazchem QR code application will be granted, however, it won’t be that long (not exceeding 2 months). It is recommended that relevant enterprises start the corresponding work for the Hazchem QR code if needed.

5. Currently, Guangdong is the only province that has piloted the QR code program. What about those hazardous chemicals that are produced outside of Guangdong but are sold in the province? Are they required to be affixed with the QR code? And how does it work? Will there be corresponding penalties for those who do not or forget to affix the QR code?

Guangdong’s pilot program currently supervises the production and import of hazardous chemicals.

For provinces that have not implemented Hazchem QR code programs, it is not mandatory for relevant enterprises to affix the QR code, and there will be no penalties for failing to comply. However, the penalties will ensue once the documents on the regulation on Hazchem QR Code application are released by the Ministry of Emergency Management under the State Council or local departments at provincial or municipal levels.

If the Department of Emergency Management in Guangdong requires the QR code to be affixed to hazardous chemicals purchased from other provinces in China, companies may download the QR code after completing registration information supplementation via the Hazardous Chemical Registration Comprehensive Service System (https://whpdj.mem.gov.cn) and affix the generated QR code as required.

6. How to solve the inconsistency between the regulation on Hazchem QR Code application that will be subsequently released by the Ministry of Emergency Management and the current rules issued by provinces and cities?

After the Ministry of Emergency Management issues the regulation on Hazchem QR Code application, current rules at provincial and municipal levels may be abolished, or the stricter rules will apply according to the actual implementation in provinces and cities.

7. For mixtures with subtle differences in ingredients, is it viable to register them as a series according to the product hazard level and affix them with one QR code?

Mixtures with subtle differences in ingredients may be registered as a series, on the condition that they all share the same primary ingredients and hazard level, and the SDS submitted to the system should contain the information that reflects the differences among such ingredients.

8. Will the regulation on Hazchem QR Code application provide exemptions from QR code requirements?

(1) For hazardous chemicals whose single package volume does not exceed 100mL or 100g, the Hazchem QR code may not be required to be printed or affixed on the inner package. The QR code shall be printed or affixed to the outer package.

(2) For hazardous chemicals only for export, the Hazchem QR code may not be required to be printed or affixed on the inner or outer packaging.

(3) Hazardous chemicals that are imported and directly consumed by the importer are exempted from printing or affixing Hazchem QR codes on the inner or outer packaging.

(4) Cosmetics and household goods (not more than 1,000mL) that belong to hazardous chemicals are exempted from printing or affixing Hazchem QR codes on the packaging.

Notice: The aforementioned four exemption conditions have not been finalized. The Hazardous Chemicals Registration Center of the Ministry of Emergency Management will improve the regulation on Hazchem QR Code application based on the pilot program in key provinces and cities such as Shandong, Zhejiang and Shanghai, and the feedback from enterprises.