As to facilitate the implementing of Decree 591(“Regulations on the Control over Safety of Hazardous Chemicals”), the State Administration of Work Safety (SAWS) of China published proposals for the “Measures for the Administration of Hazardous Chemicals Safe Use Permit” and revision of “Measures for the Administration of Hazardous Chemicals Registration”(instead of previous Order No.35) on 10 Oct 2011. The consultations are open to all public. Comments are welcome and can be delivered to China government in written or electronic form by 18th November 2011. The two measures are both expected to enter in to force on 1 Dec. 2011.
1. Revised “Measures for the Administration of Hazardous Chemicals Registration” (SAWS Order 53)
Article 6 of Decree 591 states that all the hazardous substances should be registered to the National Registration Centre for Chemicals (NRCC). Therefore, the State Economic and Trade Commission (SETC) issued “Measures on Hazardous Substance Registration” (Order No.35) in 2002 to regulate the registration process. At present, the Order No.35 is also revised due to the revision of Decree 591. Non-Chinese companies are included the scope of companies who can register hazardous chemicals under the Decree No. 591, in addition to Chinese companies. Under the previous Order No.35, there were no such requirements placed on non-Chinese companies regarding registration of hazardous chemicals and will pose a future challenge for exporters of hazardous products to China. They will not be allowed to directly register themselves or appoint a third representative agency to do the registration but only via their Chinese importers. In this case, it seems very difficult to protect the Confidential Business Information for Non-Chinese exporters.
The revised Oder NO. 35 emphasize the requirement of emergency telephone number. In China an emergency telephone number is required to be present on the labelling and Safety Data Sheet which is required to be declared to the NRCC when registering hazardous chemicals. The emergency telephone number should be a Chinese local number and be available 24/7 to be answered by a competent professional. A survey by NRCC shows only 8% emergency telephone numbers provided by companies are compliant previously.
The information required for registration include:
- Classification and labelling information
- Physical and chemical properties
- Uses information, including identified use, recommended uses and restricted uses, etc.
- Hazard properties ,including physical hazardous, health and environmental toxicity;
- Safety requirement on storage, use and transportation
- emergency response measures, including fire-fighting measures, accidental release measures, first –acid measurers, emergency telephone number etc.
Furthermore, the enforcement of the measures has been enhanced with punishment for violations more severe.
2. Draft proposal for “Measures for the Administration of Hazardous Chemical Safe Use Permit”
Since 1 December 2011, manufacturers of hazardous chemicals in China will be required to apply for a “Hazardous Chemical Safe Use Permit” prior to the use of hazardous chemicals to produce or formulate further products.
Lots of pharmaceutical and chemical manufactures are expected to be affected by the Measures. If the manufactures use chemicals to produce or formulate further product and reach the tonnage threshold specified in the “First List of Tonnage threshold for hazardous chemicals”, they need to apply for “Chemical Safe Use Permit” ahead of producing or formulating.
October 11, 2011, China State Administration of Work Safety (SAWS) issued the notice for public consultation on the newly revised draft of the Measures for the Administration of Hazardous Chemicals Registration (“new Measures” in short). The new Measures are about to take effect on December 1, 2011 when the old Measures (2002 version) will be annulled.
Editor's note
The final version of the "Measures for the Administration of Hazardous Chemicals Safe Use Permit" has been published in November 2012 with legal code number as SAWS Order 57. It wil come into force as of 1 May 2013.
