Article 1 The legal representative, actual controller, or other primary decision-maker (including the ultimate beneficiary and behind-the-scenes operator) of a fireworks and firecrackers production enterprise shall be the primary person responsible for the unit's safety production, taking full responsibility for the unit's safety production work; other responsible persons, investors or shareholders with management responsibilities shall be responsible for safety production work within their respective scopes of duties in accordance with the law. The relevant information of the aforementioned persons shall be displayed in real time in a conspicuous location within the production site, reported to the emergency management department of the county-level people's government for filing, and made public; when personnel are adjusted, the information shall be updated in a timely manner.
Support and guide the actual controller of a fireworks and firecrackers production enterprise to serve as the legal representative.
Article 2 Fireworks and firecrackers production enterprises shall implement closed-loop management for the procurement, warehousing, storage, use, consumption, and write-off of black powder, fuse, decommissioned propellant, and explosive-prone chemical raw materials, establish both electronic and paper dual ledgers, and truthfully declare the transportation permit quantity based on the designed production capacity, production plan, and real-time storage capacity.
The emergency management department of the county-level people's government shall scientifically determine the total annual demand of an enterprise for black powder, fuse, decommissioned propellant, and explosive-prone chemical raw materials based on the enterprise's designed production capacity, production needs, and designed storage capacity. The public security organ shall, based on the verified situation, issue road transportation permits for black powder, fuse, and decommissioned propellant, and the transportation permit quantity shall not exceed the enterprise's total annual demand and designed storage capacity.
The emergency management department and the township people's government (subdistrict office) shall inspect the storage of black powder, fuse, decommissioned propellant, and explosive-prone chemical raw materials at production enterprises.
Article 3 Fireworks and firecrackers production enterprises shall establish an internal reward system for reporting enterprise accident hazards. Enterprises producing labor-intensive categories shall set up safety production reward funds at no less than 5% of the previous year's total wages of their employees, while other enterprises shall set up such funds at no less than 10% of the previous year's total wages of their employees. The reward funds shall be used for timely rewards to employees who report hazards within the enterprise; the remaining portion may be used for safety production performance rewards within the enterprise. If the enterprise fails to rectify hazards reported by employees in a timely manner, employees may report to the people's governments at all levels and relevant departments.
For reporting illegal circumstances as specified in Article 5, if verified, the emergency management department of the county-level people's government or above shall give a reward of not less than 20,000 yuan and not more than 50,000 yuan to the first reporter.
For reporting acts of unlicensed production, operation, transportation, or illegal storage of fireworks and firecrackers, if verified, the relevant competent department shall give a reward of not more than 300,000 yuan in accordance with relevant regulations.
People's governments at all levels and their relevant departments and units shall keep the information of the reporter confidential.
Article 4 Fireworks and firecrackers production and storage areas shall implement enclosed management, construct and use facial recognition and vehicle identification access control systems, achieve full coverage of video surveillance systems, and connect to the emergency management department's risk monitoring and early warning system. System information shall be uploaded in full and in real time to the government cloud in accordance with regulations. Employees, outsiders, and vehicles that have not been identified by the facial recognition and vehicle identification access control system shall not enter the production and storage areas.
Fireworks and firecrackers production enterprises shall perform regular maintenance on facial recognition and vehicle identification access control systems and production video surveillance systems, and conduct periodic testing to ensure normal operation. No unit or individual shall intentionally shut down or damage monitoring and alarm equipment and facilities, or tamper with, conceal, or destroy relevant data or information to evade supervision.
Article 5 If a fireworks and firecrackers production enterprise falls under any of the following circumstances, the emergency management department or the township people's government (subdistrict office) entrusted by it shall order correction and elimination of safety hazards, and impose a fine of not less than 30,000 yuan and not more than 50,000 yuan; if the enterprise refuses to correct, fails to eliminate safety hazards as required, or commits the same violation again within one year from the date of the administrative penalty decision, the emergency management department shall order a suspension of production and business for rectification for no less than three months; if the circumstances are serious or the enterprise still fails to meet safety production conditions after the suspension, the issuing authority shall revoke the safety production license in accordance with the law; the responsible persons shall be held accountable in accordance with the law:
(1) The actual number of workers in a workshop (warehouse) exceeds the approved number;
(2) The actual amount of retained or stored chemical agent in a workshop (warehouse) exceeds the approved amount;
(3) The types of products produced or the danger level exceed the licensed scope;
(4) Production significantly exceeds the designed production capacity of facilities and equipment;
(5) Unauthorized change of the designed use of workshops (warehouses), increasing safety hazards;
(6) Unauthorized change of the production process flow, increasing safety hazards.
The following circumstances fall under the serious circumstances specified in the preceding paragraph:
(1) Concealing black powder, pyrotechnic composition, fuse, or decommissioned propellant;
(2) Producing Class A products beyond the licensed scope;
(3) Conducting Class 1.1 operations in non-dangerous workshops (warehouses) or Class 1.3 workshops (warehouses), or storing dangerous goods that should be placed in Class 1.1 workshops (warehouses) in non-dangerous workshops (warehouses) or Class 1.3 workshops (warehouses);
(4) Other circumstances as provided by laws and regulations.
Article 6 If a fireworks and firecrackers production enterprise or its employees fall under any of the following circumstances and are suspected of committing a crime, the administrative law enforcement department shall promptly transfer the case to the public security organ and copy it to the people's procuratorate at the same level:
(1) Illegally producing, processing, operating, storing, transporting, or mailing fireworks and firecrackers (including black powder, pyrotechnic composition, fuse);
(2) Refusing to comply with an order for suspension of production or business, cessation of use of relevant equipment, facilities, or sites, or immediate adoption of corrective measures to eliminate hazards due to the existence of a major accident hazard;
(3) Compelling illegal and risky operations, or knowingly failing to eliminate a major accident hazard while still organizing risky operations;
(4) Violating relevant safety management regulations by shutting down or damaging monitoring and alarm equipment and facilities directly related to production safety during production or operation, or tampering with, concealing, or destroying relevant data or information;
(5) Other circumstances suspected of committing a crime.
The specific measures for the coordination between administrative law enforcement and criminal justice in fireworks and firecrackers safety production shall be formulated by the provincial emergency management department jointly with the public security organ, people's procuratorate, people's court, judicial administrative department, and other units within three months from the date of implementation of this regulation.
Article 7 If a staff member responsible for safety production supervision and management commits any of the following acts in the supervision and management of fireworks and firecrackers safety production, disciplinary action shall be taken in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Approving or accepting a safety-related matter that does not meet the statutory safety production conditions;
(2) Failing to ban a unit that is engaged in relevant activities without obtaining statutory approval or acceptance, or failing to handle it in accordance with the law after receiving a report;
(3) Failing to perform supervision and management duties for a unit that has obtained statutory approval, failing to revoke the original approval upon discovering that it no longer meets safety production conditions, or failing to investigate and deal with safety production violations discovered;
(4) Failing to handle a major accident hazard discovered during supervision and inspection in a timely manner in accordance with the law;
(5) According to laws and regulations, failing to file a case that should be filed, failing to impose a penalty that should be imposed, failing to impose a heavier penalty that should be imposed, or replacing daily supervision with administrative penalties;
(6) Failing to transfer a case that should be transferred to the judicial authority for criminal liability, replacing criminal punishment with administrative penalties;
(7) Other acts of abuse of power, dereliction of duty, or engaging in malpractices for personal gain.
Article 8 These regulations shall come into effect on the date of promulgation.
