On December 26, 2024, the National People’s Congress (NPC) of the People’s Republic of China published the Draft Law on Hazardous Chemicals Safety for public consultation, marking a significant step toward enhancing the regulatory framework for hazardous chemicals. Stakeholders have until January 23, 2025, to submit their comments.

This development signals China’s intent to bolster safety management across the lifecycle of hazardous chemicals, addressing the growing challenges in the sector and aligning with the country’s rapid economic development.

Background and Need for the Draft Law

Currently, hazardous chemicals in China are governed by the Regulations on the Control over Safety of Hazardous Chemicals (State Council Decree 591), which has been instrumental in enhancing safety and reducing accidents. However, this administrative regulation is no longer sufficient to address emerging challenges, such as:

• Gaps in safety responsibility enforcement
• Poor inter-departmental coordination
• Outdated monitoring systems
• Insufficient planning for chemical parks
• Limited emergency response capabilities

The Draft Law aims to overcome these limitations by introducing a dedicated legal framework that strengthens safety management across the entire supply chain, from production to disposal.

Key Highlights of the Draft Law

1. Enhanced Supervision and Inspection Mechanisms

• Clearer roles for supervisory authorities: The Draft Law assigns safety responsibilities to nine core authorities, including emergency management, public security, market regulation, and others.
• On-site and online inspections: Authorities are authorized to conduct site visits and utilize IT-enabled tools for monitoring major hazards.

2. IT-Driven Safety Management

• Authorities must implement electronic labeling and digital lifecycle management for hazardous chemicals.
• Chemical industrial parks are required to adopt information-based safety systems for real-time monitoring, control, and early warning.

3. Stricter Lifecycle Safety Requirements

• Manufacturers and importers: Obligated to maintain updated SDS (Safety Data Sheets) and GHS (Globally Harmonized System) labels for all hazardous chemicals.
• Users of hazardous chemicals: Must establish robust safety management systems and ensure employees are trained in emergency response protocols.
• Tighter controls for highly toxic chemicals: Prohibits online transactions and requires strict licensing and documentation.

4. Exemptions for Low-Risk Chemicals

• Hazardous chemicals used in research, trial production, or marketing that pose low risk may be exempted, subject to further guidelines from relevant authorities.

5. Dedicated Chapter on Chemical Parks

For the first time, the Draft Law introduces specific provisions for chemical parks, requiring:

• Safety risk assessments every three years.
• Proper planning of logistics and safety distances from urban areas.
• Dynamic monitoring of hazardous chemicals within the park.

Legislative Progress Timeline

The legislative journey for the Hazardous Chemicals Safety Law reflects its critical importance:

• 2017: Initial draft released after the Tianjin blasts.
• 2019: Accelerated efforts following the Xiangshui chemical plant explosion.
• 2020-2021: Iterative revisions by the Ministry of Emergency Management (MEM).
• 2024: State Council discussions lead to submission for NPCSC deliberation.
• December 26, 2024: Current draft released for public comments.

Next Steps and Legislative Process

The Draft Law is currently at the deliberation stage, requiring multiple readings and stakeholder consultations. Once consensus is reached, the legislative process will advance to the voting stage. A majority vote will finalize the law for promulgation.

How REACH24H Can Support You

With over decades years of expertise in global regulatory compliance, REACH24H is your trusted partner in navigating the complexities of hazardous chemical regulations.

Our services include:

• Compliance Consultation: Guidance on meeting the requirements of the Draft Law.
• Safety Data Sheet (SDS) and Label Preparation: Ensuring compliance with the latest standards.
• Chemical Park Support: Risk assessment and safety planning for enterprises operating in chemical parks.
• Training and Capacity Building: Tailored workshops on hazardous chemical safety management.

Let us help you stay ahead of evolving regulations and build a safer, more compliant future.

For more details or assistance, please contact us.