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Chapter I General Provisions
Article 1 These Regulations are formulated for the
purposes of reinforcing the administration of precursor chemicals, regulating
the manufacture, distribution, purchase, transport, import and export
of precursor chemicals, preventing them from being used for making illicit
drugs, and maintaining the economic and social order.
Article 2 The State applies a classified administration
and licensing system to the manufacture, distribution, purchase, transport,
import and export of precursor chemicals.
Precursor chemicals are classified into three categories. Precursor
chemicals in Category I are the main materials that can be used for
making illicit drugs, and precursor chemicals in Category II and Category
III are chemical agents that can be used for making illicit drugs. The
detailed classification and types of precursor chemicals are listed
in the Table annexed to these Regulations.
Where there is a need to adjust the classification or types of precursor
chemicals, the public security department of the State Council shall,
jointly with the food and drug administration department, the work safety
administration department, the competent commerce department, the competent
health department of the State Council, and the General Administration
of Customs, put forward a proposal therefor and report the same to the
State Council for approval.
When deeming it necessary to adjust the classification or add types
of the precursor chemicals other than the ones specified in these Regulations
within its administrative area, the people’s government of the
province, autonomous region or municipality directly under the central
government shall propose as such to the public security department of
the State Council, which shall, jointly with the relevant competent
administrative departments of the State Council, put forward a proposal
therefor and report the same to the State Council for approval.
Article 3 The public security department, the food
and drug administration department, the work safety administration department,
the competent commerce department, the competent health department,
the General Administration of Customs, the competent pricing department,
the competent railway department, the competent communications department,
the administrative department for industry and commerce and the competent
environmental protection department of the State Council shall, in accordance
with their respective functions and duties, be responsible for the relevant
administration of precursor chemicals throughout the country; and the
relevant competent administrative departments of local people’s
governments at or above the county level shall, in accordance with their
respective functions and duties, be responsible for the relevant administration
of precursor chemicals within their respective administrative areas.
Local people’s governments at or above the county level shall
reinforce the leadership in the administration of precursor chemicals,
and in a timely manner, coordinate the efforts in resolving the problems
that arise from the administration of precursor chemicals.
Article 4 The names (including scientific names and
common names), chemical molecular formulas and chemical composition
of precursor chemicals shall be specified on their packaging and in
their specifications.
Article 5 In addition to the provisions of these Regulations,
the manufacture, distribution, purchase, transport, import and export
of the precursor chemicals that are of pharmaceuticals or hazardous
chemicals shall be in compliance with the provisions on pharmaceuticals
or hazardous chemicals of laws and other administrative regulations.
Any smuggling or illicit manufacture, distribution, purchase, transfer
or transport of precursor chemicals is prohibited.
Any transaction of precursor chemicals in cash or kind is prohibited.
However, an individual may legally purchase preparations of pharmaceutical
precursor chemicals in Category I, and the precursor chemicals in Category
III.
Any unit that manufactures, distributes, purchases, transports, imports
or exports precursor chemicals shall establish an internal system for
management of precursor chemicals.
Article 6 The State encourages the report against
illegal activities related to precursor chemicals to the relevant competent
administrative departments such as the public security department. The
department that receives the report shall keep the reporting person
confidential; and the people’s government at or above the county
level and the relevant competent administrative departments shall award
the reporting person if the report is proved to be true.
Chapter II Administration of
Manufacture and Distribution
Article 7 Anyone applying for the manufacture of precursor
chemicals in Category I shall meet the following requirements, and shall
not commence manufacturing until it is approved by the competent administrative
department specified in Article 8 of these Regulations and obtains a
manufacture license:
(1) being a chemical product manufacturer or pharmaceutical manufacturer
that is legally registered;
(2) having manufacture equipment, storage facilities and pollutant disposal
facilities that are in conformity with the national standards;
(3) having a strict work safety management system and a preparedness
plan for environmental emergencies;
(4) the legal representative and the technical and managerial personnel
thereof have relevant knowledge on work safety and precursor chemicals,
and have no record of drug-related crimes; and
(5) other requirements provided for by laws, regulations and rules.
To apply for the manufacture of pharmaceutical precursor chemicals in
Category I, the applicant shall, in addition, install video monitors
within key areas such as storage places and alarm devices connected
to the public security department.
Article 8 Anyone applying for the manufacture of pharmaceutical
precursor chemicals in Category I shall be subject to approval by the
food and drug administration department of the State Council; anyone
applying for the manufacture of non-pharmaceutical precursor chemicals
in Category I shall be subject to approval by the work safety administration
department of the people’s government of the province, autonomous
region or municipality directly under the central government.
The competent administrative departments specified in the preceding
paragraph shall examine the application materials submitted by the applicant
within 60 days from the date of receipt of such materials, and, if the
applicant meets the relevant requirements, issue a manufacture license
to the applicant or mark the relevant manufacture license that the applicant
has obtained for confirmation. If no license is granted, the applicant
shall be notified in writing with the reasons therefor stated.
When necessary, on-site inspection or expert evaluation may be conducted
in examining the application materials for the manufacture of precursor
chemicals in Category I.
Article 9 Anyone applying for the distribution of
precursor chemicals in Category I shall meet the following requirements,
and shall not commence distributing until it is approved by the competent
administrative department specified in Article 10 of these Regulations
and obtains a distribution license:
(1) being a chemical product distributor or pharmaceutical distributor
that is legally registered;
(2) having premises that are in conformity with provisions of the State,
and, if there is a need to store or preserve precursor chemicals, having
storage facilities that are in conformity with the national technical
standards;
(3) having a management system and a sound sales network for the distribution
of precursor chemicals;
(4) the legal representative and the technical and managerial personnel
thereof have relevant knowledge on work safety and precursor chemicals,
and have no record of drug-related crimes; and
(5) other requirements provided for by laws, regulations and rules.
Article 10 Anyone applying for the distribution of
pharmaceutical precursor chemicals in Category I shall be subject to
approval by the food and drug administration department of the State
Council; anyone applying for the distribution of non-pharmaceutical
precursor chemicals in Category I shall be subject to approval by the
work safety administration department of the people’s government
of the province, autonomous region or municipality directly under the
central government.
The competent administrative department specified in the preceding
paragraph shall examine the application materials submitted by the applicant
within 30 days from the date of receipt of such materials, and, if the
applicant meets the relevant requirements, issue a distribution license
to the applicant or mark the relevant distribution license that the
applicant has obtained for confirmation. If no license is granted, the
applicant shall be notified in writing with the reasons therefor stated.
When necessary, on-site inspection may be conducted in examining the
application materials for the distribution of precursor chemicals in
Category I.
Article 11 Any manufacturer that has obtained the
manufacture license of precursor chemicals in Category I or has completed
the submission-for-the-record formalities for the manufacture of precursor
chemicals in Category II or Category III in accordance with the provisions
of the first paragraph of Article 13 of these Regulations may sell self-manufactured
precursor chemicals. However, if such manufacturer is to set up a sales
office outside the factory for the sales of precursor chemicals in Category
I, it shall obtain the distribution license in accordance with the provisions
of these Regulations.
Pharmaceutical simple recipe of the pharmaceutical precursor chemicals
in Category I shall be sold by designated narcotic drug distributors,
and shall not be retailed.
Article 12 Any enterprise that has obtained the manufacture
or distribution license of precursor chemicals in Category I shall,
on the basis of such manufacture or distribution license, register with
the administrative department for industry and commerce for the alteration
of business scope. Without such registration, no manufacture or distribution
of the precursor chemicals in Category I may be conducted.
Where the manufacture or distribution license of precursor chemicals
in Category I is revoked in accordance with law, the relevant competent
administrative department shall notify the administrative department
for industry and commerce within five days from the date of such revocation;
and the enterprise whose license is revoked shall, in a timely manner,
register with the administrative department for industry and commerce
for the alteration of business scope or cancellation of business.
Article 13 Anyone that manufactures precursor chemicals
in Category II or Category III shall, within 30 days from the date of
commencement of manufacture, submit the type, quantity and other information
of the precursor chemicals manufactured for the record to the work safety
administration department of the people’s government of the city
divided into districts where it is located.
Anyone that distributes precursor chemicals in Category II shall, within
30 days from the date of commencement of distribution, submit the type,
quantity, main destinations and other information of the precursor chemicals
distributed for the record to the work safety administration department
of the people’s government of the city divided into districts
where it is located. Anyone that distributes precursor chemicals in
Category III shall, within 30 days from the date of commencement of
distribution, submit the type, quantity, main destinations and other
information of the precursor chemicals distributed for the record to
the work safety administration department of the people’s government
of the county where it is located.
The competent administrative department specified in the two preceding
paragraphs shall issue the submission-for-the-record certificate at
the date of receipt of materials submitted for the record.
Chapter III Administration of
Purchase
Article 14 Anyone applying for the purchase of precursor
chemicals in Category I shall submit the following certificates to the
competent administrative department specified in Article 15 of these
Regulations for approval, and obtain a purchase license therefrom:
(1) if the applicant is a distributor, it shall submit its business
license and the certificate of its need for legal use; or
(2) if the applicant is any other organization, it shall submit its
submission-for-the-record certificate (approval document of incorporation)
and the certificate of its need for legal use.
Article 15 Anyone applying for the purchase of pharmaceutical
precursor chemicals in Category I shall be subject to approval by the
food and drug administration department of the people’s government
of the province, autonomous region or municipality directly under the
central government where it is located; anyone applying for the purchase
of non-pharmaceutical precursor chemicals in Category I shall be subject
to approval by the public security department of the people’s
government of the province, autonomous region or municipality directly
under the central government where it is located.
The competent administrative department specified in the preceding
paragraph shall, within 10 days from the date of receipt of the application,
examine the application materials and certificates submitted by the
applicant, and issue a purchase license to the applicant if it meets
the relevant requirements. If no license is granted, the applicant shall
be notified in writing with the reasons therefor stated.
When necessary, on-site inspection may be conducted in examining the
application materials for the purchase license of precursor chemicals
in Category I.
Article 16 When purchasing pharmaceutical precursor
chemicals in Category I, a medical institution that has a seal card
for purchase of narcotic drugs or psychotropic substances of Class I
does not need to apply for the purchase license of precursor chemicals
in Category I.
No individual may purchase precursor chemicals in Category I or Category
II.
Article 17 Anyone that is to purchase precursor chemicals
in Category II or Category III shall submit in advance the type and
quantity of the precursor chemicals to be purchased for the record to
the public security department of the people’s government of the
county where it is located. Individuals do not need to report the purchase
of a small amount of potassium permanganate for personal use.
Article 18 When selling precursor chemicals in Category
I, a distributor shall check the purchaser’s purchase license
and the identification certificate of the individual who directly conducts
the purchase. For entrusted purchase, the power of attorney held by
the entrusted purchaser shall also be checked.
The distributor shall not sell any precursor chemicals in Category
I until the abovementioned certification documents are verified and
their photocopies of are kept. Upon discovery of any suspicious circumstances,
the distributor shall immediately report the matter to the local public
security department.
Article 19 A distributor shall establish a ledger
for sale of precursor chemicals and truthfully record the type, quantity,
date, purchaser and other information on the precursor chemicals sold.
The sales ledger and the photocopies of the certification documents
shall be kept for two years for the purpose of inspection.
The information on sale of precursor chemicals in Category I shall
be submitted to the local public security department for the record
within five days from the date of sale; and the unit using precursor
chemicals in Category I shall establish a use ledger and keep the same
for two years for purpose of inspection.
The information on sale of precursor chemicals in Category II or Category
III shall be submitted to the local public security department for the
record within 30 days from the date of sale.
Chapter IV Administration of
Transport
Article 20 Where precursor chemicals in Category I
are transported across two or more the administrative areas at the level
of city divided into districts (or across the boundaries of a municipality
directly under the central government) or across two or more administrative
areas at the county level within key areas where the anti-drug situation
is severe, which are designated by the public security department of
the State Council, the matter shall be subject to examination and approval
by the public security department of the people’s government of
the departure city that is divided into districts. Any transport of
precursor chemicals in Category II shall be subject to examination and
approval by the public security department of the people’s government
at the county level of the departure county. No transport shall be conducted
until the transport license of precursor chemicals is granted upon approval.
Transport of precursor chemicals in Category III shall be submitted
in advance to the public security department of the people’s government
at the county level of the departure county for the record; and the
public security department shall issue the submission-for-the-record
certificate at the date of the receipt of the materials submitted for
the record.
Article 21 For application for the transport license
of precursor chemicals, the contract for the purchase or sales of precursor
chemicals to be transported shall be submitted. If the owner is an enterprise,
its business license shall be submitted. If the owner is any other organization,
the submission-for-the-record certificate (approval documents of incorporation)
shall be submitted. If the owner is an individual, his identity certificate
shall be submitted. In addition, the individual who directly conducts
the transport shall submit his identity certificate.
The public security department shall examine the application materials
submitted by the applicant within 10 days from the date of receipt of
application for the transport license of precursor chemicals in Category
I, or within three days from the date of receipt of application for
the transport license of precursor chemicals in Category II. If the
applicant meets the relevant requirements, it shall be issued with the
transport license. If no license is granted, the applicant shall be
notified in writing with the reasons therefor specified.
When necessary, on-site inspection may be conducted in examining the
application materials for the transport license of precursor chemicals
in Category I.
Article 22 A one-off transport license shall be issued
where the transport of precursor chemicals in Category I is approved.
A transport license valid for three months shall be issued where the
transport of precursor chemicals in Category II is approved; and if
the transport remains safe and sound for six months, a transport license
valid for 12 months shall be issued.
The type, quantity, destination, owner, consignee and carrier of the
precursor chemicals to be transported as well as the type of the transport
license shall be sated clearly in the transport license of precursor
chemicals.
Article 23 For transport of ephedrine samples less
than 100 grams for the purpose of teaching or scientific research or
small package ephedrine for the prescription of medical institutions,
or for the purchase of not more than 60,000 ephedrine pills or not more
than 15,000 ephedrine injections by a medical institution or narcotic
drug distributor, the owner or carrier does not need to apply for the
transport license of precursor chemicals if it holds the purchase license
or narcotic drug allocation form obtained according to law.
Article 24 Where the transport is consigned by the
owner, the carrier shall check the transport license or the submission-for-the-record
certificate provided by the owner, and verify whether the freight is
consistent with the precursor chemicals that are specified in such transport
license or the submission-for-the-record certificate. No transport may
be conducted if it is proved to be inconsistent.
For transport of precursor chemicals, the transport personnel shall
carry with them the transport license or submission-for-the-record certificate
throughout the transport period from the departure. The public security
department shall conduct inspections during the transport of precursor
chemicals.
The transport of precursor chemicals shall comply with the relevant
provisions of the State on freight transport.
Article 25 For the need of treatment of diseases,
the patient, the near relative of the patient or the individual entrusted
by the patient may, on the basis of the diagnosis certificate issued
by a medical institution and his identity certificate, carry on his
person preparations of pharmaceutical precursor chemicals in Category
I; however, the amount of the same shall not exceed the maximum dosage
in a single prescription.
The maximum dosage in a single prescription shall be provided for and
promulgated by the competent health department of the State Council.
Chapter V Administration of
Import and Export
Article 26 Anyone applying for the import or export
of precursor chemicals shall submit the following materials, and shall
not engage in such import or export until it is approved by the competent
commerce department of the State Council or the competent commerce department
of the people’s government of province, autonomous region or municipality
directly under the central government authorized thereby and obtains
an import or export license:
(1) the photocopies of the foreign trade operator submission-for-the-record
certificate (qualification certificate of the joint annual inspection
for foreign-invested enterprises);
(2) duplicate of the business license;
(3) license or submission-for-the-record certificate for the manufacture,
distribution or purchase of precursor chemicals;
(4) duplicate of the import or export contract (agreement); and
(5) the identity certificate of the individual who directly conducts
the business.
Anyone applying for the export license of precursor chemicals shall,
in addition, submit the certificate for the legal use of precursor chemicals
that is issued by the governmental authority of the importer or the
warranty document provided by the importer on the legal use of precursor
chemicals.
Article 27 The competent commerce department accepting
the application for the import or export of precursor chemicals shall,
within 20 days from the date of receipt of the application materials,
examine the application materials, and may also conduct on-site inspection
when necessary. If the applicant meets the relevant requirements, it
shall be issued with an import or export license. If no license is granted,
the applicant shall be notified in writing with the reasons therefor
stated.
For the import of pharmaceutical precursor chemicals in Category I,
the consent of the food and drug administration department of the State
Council shall be obtained before the relevant competent commerce department
makes the decision of approval.
Article 28 Ephedrine and other precursor chemicals
under special control shall be imported or exported only by the enterprises
designated by the competent commerce department of the State Council
jointly with the relevant department of the State Council.
Article 29 The State applies an international check
system for the import and export of precursor chemicals. The catalogue
of precursor chemicals subject to international check and the detailed
inspection measures shall be formulated and promulgated by the competent
commerce department of the State Council jointly with the public security
department of the State Council.
The time used for the international check shall not be included into
the time for approval.
For export of precursor chemicals or chemicals other than those provided
by these Regulations to a country or region where illicit manufacture
or trafficking of drugs is severe, other control measures may be taken
in addition to the international inspection, and detailed procedures
therefor shall be formulated and promulgated by the competent commerce
department of the State Council jointly with the public security department
of the State Council, the General Administration of Customs and other
relevant departments.
Article 30 For the import, export, transit, transshipment
or through-transport of precursor chemicals, truthful declaration shall
be made to the Customs and the import or export license submitted thereto.
The Customs shall handle the clearance formalities on the basis of such
license.
The provisions of the preceding paragraph are also applicable to the
import or export of precursor chemicals between overseas areas and the
areas under special Customs control or bounded areas, such as the bounded
zones and export processing zones.
It is not required to apply for the import or export license of precursor
chemicals for any import or export of precursor chemicals between intra-territory
areas and the areas under special Customs control or bounded areas,
such as bounded zones and export processing zones, or for any import
or export of precursor chemicals between the abovementioned areas under
special Customs control or bounded areas.
For the import of pharmaceutical precursor chemicals in Category I,
the pharmaceutical import note issued by the food and drug administration
department shall be submitted in addition.
Article 31 The preparations of pharmaceutical precursor
chemicals in Category I and the potassium permanganate carried by individuals
entering or exiting the territory of China on their person shall be
limited to a reasonable amount for personal use and be subject to Customs
control.
Any individual entering or exiting the territory of China shall not
carry on his person any precursor chemicals other than those specified
in the preceding paragraph.
Chapter VI Supervision and Inspection
Article 32 The public security department, food and
drug administration department, work safety administration department,
competent commerce department, competent health department, competent
pricing department, competent railway department, competent communications
department, administrative department for industry and commerce, competent
environmental protection department of the people’s government
at or above the county level and the Customs shall, in accordance with
the provisions of these Regulations and relevant laws and administrative
regulations and within their respective functions and duties, reinforce
the supervision and inspection on the manufacture, distribution, purchase,
transport, price, import and export of precursor chemicals, and shall
investigate and handle according to law any illicit manufacture, distribution,
purchase or transport of precursor chemicals or smuggling of precursor
chemicals.
When conducting supervision and inspection on precursor chemicals,
the competent administrative departments specified in the preceding
paragraph may, according to law, inspect the relevant scenes, consult
or copy the relevant materials, record relevant information or impound
relevant evidential materials and illicit items; and the relevant premises
may be sealed up temporarily when necessary.
Any unit or individual under inspection shall truthfully provide relevant
information, materials and items and shall not refuse to provide or
conceal the same.
Article 33 The precursor chemicals confiscated or
seized according to law shall be preserved or recovered in light of
the different circumstances under the supervision of the Customs, or
the public security department or the competent environmental protection
department of the people’s government of the province, autonomous
region, municipality directly under the central government or the city
divided into districts, or destroyed by qualified unit under the supervision
of the competent environmental protection department in accordance with
relevant laws or administrative regulations on environmental protection.
Any pharmaceutical precursor chemicals in Category I confiscated or
seized shall be all destroyed.
Where the unit or individual that violates the relevant provisions on
precursor chemicals is unable to pay the expenses for the preservation,
recovery or destruction of precursor chemicals concerned, such expenses
shall be paid from the income derived from the recovery or the drug
control funds of the relevant competent administrative departments.
Article 34 Where precursor chemicals are lost, stolen
or robbed, the unit concerned shall immediately report the matter to
the local public security department and, at the same time, to the food
and drug administration department, work safety administration department,
competent commerce department or the competent health department of
the local people’s government at the county level. The public
security department that receives such report shall immediately file
the case and initiate the investigation, and make a further report to
the public security department at the higher level. The relevant competent
administrative departments shall report the matter level by level and
cooperate with the public security department in the investigation.
Article 35 The relevant competent administrative department
shall notify the public security department and administrative department
for industry and commerce concerned of any issuance or revocation of
license related to precursor chemicals; and the administrative department
for industry and commerce shall notify the public security department
or the competent administrative departments concerned of any alteration
or cancellation of registration by any precursor chemicals manufacturers
or distributors.
Article 36 Any unit that manufactures, distributes,
purchases, transports, imports or exports precursor chemicals shall,
by March 31 each year, report the information on the manufacture, distribution,
purchase, transport, import or export of precursor chemicals in the
previous year to the competent administrative department and the public
security department that grants the license or accept the materials
submitted for the record. If conditions permit, the unit that manufactures,
distributes, purchases, transports, imports or exports precursor chemicals
may establish a computer network connected to the relevant administrative
department to timely report relevant business information.
Article 37 Relevant competent administrative departments
of the people’s government at or above the county level shall
reinforce the coordination and cooperation and establish a mechanism
for circulating and exchanging information on the administration, supervision
and inspection of precursor chemicals, as well as on the handling of
relevant cases.
Chapter VII Legal Liability
Article 38 Where anyone, in violation of the provisions
of these Regulations, manufactures, distributes, purchases or transports
precursor chemicals without license or submitting relevant materials
for the record, swindles the license for the manufacture, distribution,
purchase or transport of precursor chemicals by forging application
materials, or manufactures, distributes, purchases or transports precursor
chemicals by using the license of another person or a forged, altered
or invalid license, the public security department shall confiscate
the precursor chemicals illicitly manufactured, distributed, purchased
or transported, the raw materials for the illicit manufacture of precursor
chemicals and the equipment and tools for the illicit manufacture, distribution,
purchase or transport of precursor chemicals, and impose a fine of not
less than 10 times but not more than 20 times the value of the precursor
chemicals illicitly manufactured, distributed, purchased or transported;
if 20 times of such value is less than 10,000 yuan, a fine of 10,000
yuan shall be imposed. Illicit gains, if any, shall be confiscated.
If the violator has a business license, such business license shall
be revoked by the administrative department for industry and commerce.
If a crime is constituted, criminal liability shall be investigated
according to law.
With regard to anyone that commits an illicit act specified in the
preceding paragraph, the relevant competent administrative department
may, within three years from the date when the relevant administrative
penalty is imposed, cease to accept the application therefrom for the
license for the manufacture, distribution, purchase, transport, import
or export of precursor chemicals.
Article 39 Where anyone, in violation of the provisions
of these Regulations, smuggles precursor chemicals, the Customs shall
confiscate the precursor chemicals smuggled and the illicit gains, if
any, and impose an administrative penalty in accordance with the relevant
Customs laws and administrative regulations. If a crime is constituted,
criminal liability shall be investigated according to law.
Article 40 Where anyone, in violation of the provisions
of these Regulations, commits any of the following acts, the competent
administrative department charged with the duty of supervision and administration
shall give it a warning, order it to make corrections within a specified
time limit, impose a fine of not less than 10,000 yuan but not more
than 50,000 yuan, and may confiscate the precursor chemicals illicitly
manufactured, distributed or purchased. If the violator fails to make
corrections at expiration of the time limit, it shall be ordered to
suspend its manufacture or business operation for rectification; and
if the rectification is not made as required at expiration of the time
limit, its relevant license shall be revoked:
(1) the unit that manufactures, distributes, purchases, transports,
imports or exports precursor chemicals fails to establish the work safety
management system as required;
(2) lending the relevant license or submission-for-the-record certificate
to others for use;
(3) manufacturing, distributing or purchasing precursor chemicals in
excess of the licensed type or quantity;
(4) the unit that manufactures, distributes or purchases precursor chemicals
fails to record or fails to truthfully record the transaction information,
fails to keep the transaction record as required or fails to submit
the sales information for the record to the public security department
and relevant competent administrative department truthfully and timely;
(5) failing to make a timely report after precursor chemicals are lost,
stolen or robbed, thus causing serious consequences;
(6) conducting transaction in cash or kind of precursor chemicals other
than preparations of pharmaceutical precursor chemicals in Category
I or the precursor chemicals in Category III that may be legally purchased
by individuals;
(7) the product packaging or specifications of the precursor chemicals
are not in compliance with the requirements of these Regulations; or
(8) the unit that manufactures or distributes precursor chemicals fails
to make truthful regular annual report of its manufacture, sales and
inventory to the relevant competent administrative department and the
public security department.
Where an enterprise fails to alter its business scope or register its
cancellation of business at the administrative department for industry
and commerce immediately after its manufacture or distribution license
of precursor chemicals is revoked, the precursor chemicals concerned
shall be confiscated and a fine shall be imposed in accordance with
the provisions of the preceding paragraph.
Article 41 Where the type, quantity, destination,
owner, consignee or carrier of the precursor chemicals transported is
not consistent with what is specified in the precursor chemicals transport
license or submission-for-the-record certificate, the type of the transport
license is incorrect or the transport personnel fail to carry with them
the transport license or submission-for-the-record certificate through
the transport period, the public security department shall order the
violator to suspend the transport for rectification and impose a fine
of not less than 5,000 yuan but not more than 50,000 yuan; and the competent
transport department may disqualify the violator from transporting hazardous
articles if it has such qualification.
Where any individual carries precursor chemicals at variance with the
specified type or quantity, such precursor chemicals shall be confiscated
and the violator shall be imposed a fine of not less than 1,000 yuan
but not more than 5,000 yuan.
Article 42 Where any unit or individual that manufactures,
distributes, purchases, transports, imports or exports precursor chemicals
refuses to accept the supervision and inspection by the relevant competent
administrative department, the competent administrative department charged
with the duty of supervision and administration shall order the violator
to make corrections and give a warning to the person in charge bearing
direct responsibility and other persons directly responsible therefor.
Where the circumstances are serious, a fine of not less than 10,000
yuan but not more than 50,000 yuan shall be imposed on the unit; and
a fine of not less than 1,000 yuan but not more than 5,000 yuan shall
be imposed on the person in charge bearing direct responsibility and
other persons directly responsible therefor. If a violation of public
security administration is constituted, a penalty for public security
violation shall be imposed according to law. If a crime is constituted,
criminal liability shall be investigated according to law.
Article 43 Where a staff member of the competent administrative
department of precursor chemicals, in his administrative work, refuses
to grant license to those qualified, grants license to those unqualified,
fails to accept the submission-for-the-record application according
to law, commits other acts by abusing his power, neglecting his duty
or committing illegalities for personal gain or by fraudulent means,
he shall be given an administrative sanction according to law; and if
his act constitutes a crime, criminal liability shall be investigated
according to law.
Chapter VIII Supplementary Provisions
Article 44 The relevant competent administrative departments
of the State Council shall, in accordance with their respective functions
and duties, provide for the formats of the licenses for manufacture,
distribution, purchase, transport, import and export of precursor chemicals
and supervise the production of such licenses.
Article 45 These Regulations shall be effective as
of November 1, 2005.
Anyone that has been engaging in the manufacture, distribution, purchase,
transport, import or export of precursor chemicals prior to the effective
date of these Regulations shall apply anew for the corresponding license
in accordance with the provisions of these Regulations within six months
from the effective date of these Regulations.
Table
List of classification and types of precursor chemicals
Category I
1. 1-PHENYL-2-PROPANONE
2. 3,4-METHYLENEDIOXYPHENYL-2-PROPANONE
3. PIPERONAL
4. SAFROLE
5. SAFROLE OIL
6. ISOSAFROLE
7. N-ACETYLANTHRANILIC ACID
8. ANTHRANILIC ACID
9. LYSERGIC ACID *
10. ERGOTAMINE *
11. ERGOMETRINE *
12. EPHEDRINE, PSEUDOEPHEDRINE, RACEMIC EPHEDRINE, NOREPHEDRINE, METHYLEPHEDRINE,
EPHEDRA EXTRACTS, POWDER OF EPHEDRA EXTRACTS AND OTHER EPHEDRINE TYPE
SUBSTANCES *
Category II
1. PHENYLACETIC ACID
2. ACETIC ANHYDRIDE
3. CHLOROFORM
4. ETHYL ETHER
5. PIPERIDINE
Category III
1. TOLUENE
2. ACETONE
3. METHYL ETHYL KETONE
4. POTASSIUM PERMANGANATE
5. SULPHURIC ACID
6. HYDROCHLORIC ACID
Explanation:
I. The salts of the substances listed in Category I and Category II
are also under control whenever the existence of such salts is possible.
II. The types with * are the pharmaceutical precursor chemicals in Category
I, which include pharmaceutical substances and simple preparations.
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