Hazardous Chemicals are Prohibited from Delivery by Express from 1 May 2018

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The Provisional Regulations for Express Delivery was released to the public on 27 Mar. 2018 and will come into force from 1 May 2018. After the Provisional Regulations for Express Delivery takes effect, will it still be possible to deliver hazardous goods by Express?

Related Regulations

Article 30 of the Provisional Regulations for Express Delivery: When the sender sends a parcel express or the express company receives a parcel express, they shall abide by the Article 24 – provisions on items prohibited or restricted from delivery - of the Postal Law of the People’s Republic of China.

Catalogue of items prohibited from delivery as well as the related administrative rules shall be promulgated by the postal administration departments as well as other relevant departments under the State Council.

Article 24 of the Postal Law of the People’s Republic of China: Postal enterprises shall, when receiving and delivering mails, abide by laws, administrative regulations and provisions of the State Council and the relevant departments of the State Council on items prohibited or restricted from delivery. 

Article 3 of Administrative Provisions on Items Prohibited from Delivery: Items prohibited from delivery in this provision mainly include:

1. Items that will endanger the national security, disturb the social order and undermine the social stability;

2. Explosive, flammable, corrosive, toxic, infectious and radioactive items as well as other items that will endanger the delivery security; and

3. Other items that are prohibited from delivery in accordance with laws, administrative regulations and provisions of the State Council and the relevant departments.

Please refer to the Guidance Catalogue of Items Prohibited from Delivery for more details.

Guidance Catalogue of Items Prohibited from Delivery: Items prohibited from delivery are divided into 19 categories in the Guidance Catalogue. The Guidance Catalogue also specify the other items in details, they include:

1. Items listed in the Catalogue of Hazardous Chemicals, the List of Civil Explosives, Catalogue of Explosive Hazardous Chemicals, the list of Precursor Chemicals and Items Prohibited from Entry & Exit into/from the People’s Republic of China;

2. Class I and Class II pathogenic microorganism specified in Inventory of Infectious Pathogenic Microorganism; and

3. Other items prohibited from delivery in accordance with laws, administrative regulations and provisions of the State Council and the relevant departments;     

CIRS Comments

CIRS warmly reminds that substances (mixtures with flash point equals to or less than 60℃) listed in the Catalogue of Hazardous Chemicals are explicitly prohibited from delivery by express. Besides, anyone who intends to deliver a hazardous chemical that conforms to the GHS building block principle shall identify whether the substance is listed in other inventories of items prohibited from delivery. Even if the substances are not listed in the Catalogue of Hazardous Chemicals, accidents may also occur during the transportation due to the classification hazards of the substances. As a result, it is not recommended to deliver the hazardous chemicals by express.  

Punishments

Anyone who violates relevant regulations will receive the following penalties:

Article 43 of the Provisional Regulations for Express Delivery: the postal administrative department shall impose sanctions on the postal enterprises in accordance with the requirements of Postal Law of the People’s Republic of China and the Anti-terrorism Law of the People’s Republic of China in one of the following situations:

Where a postal enterprise violates laws, administrative regulations and provisions of the State Council and the relevant departments of the State Council on items prohibited or restricted from delivery;

Where a customer includes any item prohibited or restricted from delivery in a mail, which does not constitute a crime, he/she shall be subject to a punishment for violation of the public security administration.

Article 75 of the Postal Law of the People’s Republic of China: Where a postal enterprise or express delivery enterprise fails to set up or implement a system for checking the inside of mail for delivery, or accepts or delivers mail or express mail in violation of a law, administrative regulation and provision of the State Council and the relevant departments of the State Council on items prohibited or restricted from delivery, the postal administrative department shall impose sanctions on the directly liable person in charge and other directly liable persons of the postal enterprise; or may order the express delivery enterprise to cease business for rectification or even revoke its express delivery business permit.

Where a customer includes any item prohibited or restricted from delivery in a mail, which does not constitute a crime, he/she shall be subject to a punishment for violation of the public security administration.

Whoever commits a violation prescribed in the preceding two paragraphs, which causes any personal injury or property loss, shall be liable for compensation in accordance with law.

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