Administrative Regulations on Precursor Chemicals
Administrative Regulations on Precursor Chemicals
Administrative Regulations on Precursor Chemicals
Order of the State Council [2005] No. 445
August 26, 2005
The Administrative Regulations on Precursor Chemicals, which were adopted at the 102nd executive meeting of the State Council on August 17, 2005, are hereby promulgated and shall go into effect as of November 1, 2005.
Premier of the State Council: Wen Jiabao
Annex: Administrative Regulations on Precursor Chemicals
Chapter I General Provisions
Article 1 The present Regulations are formulated For the purposes of strengthening the administration of precursor chemicals, regulating the production, distribution, purchase, transportation and import and export of precursor chemicals, preventing precursor chemicals from being used in manufacturing drugs and maintaining the economic and social order.
Article 2 The state applies the classified administration and licensing system to the production, distribution, purchase, transportation and import and export of precursor chemicals.
The precursor chemicals are classified into three categories. Category I includes the major materials that can be used for producing drugs. Categories II and III include the chemical agents that can be used for producing drugs. The detailed classification and types of precursor chemicals are shown in the annex of the present Regulation.
In case the classification or types of precursor chemicals need to be adjusted, the public security department of the State Council shall, in conjunction with the supervisory and administrative department of food and drugs, the supervisory and administrative department of safe production, the competent commerce department, the competent health department of the State Council and the General Administration of Customs, put forward a proposal and report it to the State Council for approval.
In case the people's government of the province, autonomous region or municipality directly under the Central Government deems it necessary to adjust the classification of precursor chemicals or to add any other type other than those as prescribed in the present Regulations within its administrative jurisdiction, it shall propose to the public security department of the State Council. The public security department of the State Council shall put forward a proposal in conjunction with the relevant competent administrative departments of the State Council, and report it to the State Council for approval.
Article 3 The public security department, the supervisory and administrative department of food and drugs, the supervisory and administrative department of safe production, 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, within the scope of their respective authority, be responsible for the relevant administration of precursor chemicals throughout the country. The relevant competent administrative departments of all the people's governments at or above the county level shall, within the scope of their respective authority, be responsible for the relevant administration of the precursor chemicals within their respective administrative jurisdictions.
All the people's governments at or above the county level shall strengthen their leadership in the administration of precursor chemicals, and coordinate to timely solve the problems arising from the administration work of precursor chemicals.
Article 4 The product name (including the scientific name and the common name), chemical formula and ingredients of the chemical liable to producing drugs shall be clearly indicated on the packaging and in the instructions.
Article 5 The production, distribution, purchase, transportation and import and export of precursor chemicals shall comply with the relevant provisions of the present Regulations. And if the precursor chemicals belong to pharmaceuticals or dangerous chemicals, the relevant provisions of laws and other administrative regulations on pharmaceuticals and dangerous chemicals shall be complied with as well.
It's prohibited to smuggle or illegally produce, distribute, purchase, transfer or transport precursor chemicals.
It's prohibited to trade precursor chemicals in cash or kind, however, an individual may legally purchases the pharmaceutical preparations of precursor chemicals under the item of pharmaceuticals in Category I or the precursor chemicals in Category Article 3
An entity that produces, distributes, purchases, transports, imports or exports precursor chemicals shall establish an internal management system for precursor chemicals.
Article 6 It is encouraged by the state to inform the relevant competent administrative departments, such as the public security organs, of any illegal activities related to precursor chemicals. The department that receives such a report shall keep confidential the informant concerned.
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