Provisions of Shanghai Municipality on Prevention and Control of Radioactive Pollution

(Promulgated by Decree No.23 of Shanghai Municipal People's Government on December 9, 2009; amended for the first time by Decree No. 30 of Shanghai Municipal People's Government on May 22, 2015; amended for the second time by Decree No. 14 of Shanghai Municipal People's Government on December 25, 2024)

Article 1 (Purposes and Basis)

With a view to preventing and controlling radioactive pollution, and safeguarding the environmental safety and human health, these Provisions are formulated in accordance with laws and rules including the Law of the People's Republic of China on Prevention and Control of Radioactive Pollution and the Regulations on the Safety and Protection of Radioisotopes and Radiation Devices, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Provisions apply to the prevention and control of radioactive pollution and to the activity respecting supervision and management thereof in this Municipality.

Article 3 (Responsibilities of Departments)

The municipal ecology and environment department shall carry out the overall supervision and management of the prevention and control of radioactive pollution in the production, sale, and use of radioactive isotopes (including radioactive sources and unsealed radioactive substances) and radiation devices (including accelerators, radiation devices containing radioactive sources, etc.) within the scope of this Municipality.

The district ecology and environment departments shall, in the area under their jurisdiction, be responsible for the following:

1. supervising units that produce, sell, or use type IV or V radioactive sources or type II, type III radiation devices on protection and control of radioactive pollution, and imposing administrative punishment for illegal acts in relation thereto;

2. supervising outdoor or field operations of flaw detectors containing radioactive sources, and imposing administrative punishment for illegal acts in relation thereto;

3. approving and issuing radiation safety licenses to units that use type IV or V radioactive sources or type III radiation devices;

4. under the authorization of the municipal ecology and environment department, approving and issuing radiation safety licenses to units that sell type IV or V radioactive sources, or produce, sell and use type II radiation devices (not including accelerators), or produce and sell type III radiation devices; 

5. and under the authorization of the municipal ecology and environment department, being responsible for approving and filing of the transfer of type IV or V radioactive resources.

The municipal administrative departments of health, public security and transport shall, in accordance with their respective functions and duties provided by relevant laws and rules, conduct supervision and management in respect to prevention and control of radioactive pollution.

Article 4 (Information Sharing)

The municipal ecology and environment department shall, jointly with the administrative departments of health, public security, and transport, by means of joint conference, periodically study and settle issues on prevention and control of radioactive pollution, and shall intensify the supervision and management in respect to prevention and control of radioactive pollution.

The ecology and environment departments shall organize and establish an information system for management of radioactive pollution. The administrative departments of ecology and environment, public security, health, and transport shall exchange information for the purpose of information sharing.

Article 5 (Planning for Prevention and Control）

The municipal ecology and environment department shall, jointly with relevant departments, work out the planning for prevention and control of radioactive pollution in this Municipality, and shall incorporate it into this Municipality's overall planning of environmental protection.

Each district ecology and environment department shall, in accordance with this Municipality's planning for prevention and control of radioactive pollution, make its implementation plan for prevention and control of radioactive pollution.

Article 6 (Prohibition)

It is prohibited to produce, use or store a radioisotope or a type I or II radiation device in a residential building or an office-residence complex.

It is prohibited to transfer radioisotopes to a unit which does not have a radiation safety license or transfer the radioisotope that beyond the class and scope specified in the radiation safety license the unit holds.

Article 7 (Regular Detection of Radioactive Workplace)

A unit that produces, sells or uses radioisotopes and radiation devices (hereinafter referred to as a radiation work unit) shall regularly detect its workplace and surroundings according to the relevant provisions of the State. Upon discovery of abnormity, the radiation work unit shall immediately take measures and shall, within 12 hours, report to the ecology and environment department with jurisdiction. A medical and health institution, as the case may be, shall additionally report to the health administrative department within 12 hours.

A radiation work unit shall put the results of regular detection into the annual assessment report on safety and protection of radioisotopes and radiation devices.

Article 8 (Routine Inspection of Radioisotopes and Radiation Devices)

A radiation work unit shall, in accordance with the provisions of the State and this Municipality, strengthen the routine inspection of the safety and protection of radioisotopes and radiation devices to prevent operational failures. If safety hazards are discovered, they should be rectified immediately. If there are potential hazards that may threaten personnel safety or cause environmental pollution, radiation operations should be immediately stopped and reported to the ecology and environment department that issued the radiation safety license. After inspection and verification by the ecology and environment department in accordance with national provisions, and confirmation of the elimination of safety hazards, the radiation work unit can resume normal operations.

Article 9 (Routine Inspection of Flaw Detector Containing Radioactive Source)

A unit that uses a flaw detector containing radioactive source shall every day inspect and record the use and the safety and protection in the use of the detector. The district ecology and environment department shall carry out sample inspection over the units that use flaw detectors containing radioactive source.

A unit that uses a flaw detector containing radioactive source shall, in accordance with the provisions of the municipal ecology and environment department, carry out the real-time position monitoring.

Article 10 (Management of Transferred Use of Flaw Detector Containing Radioactive Source)

Where a flaw detector containing radioactive source is used in the area of this Municipality but outside the workplace of a unit to which the flaw detector belongs, the unit shall, within three days before the use, upon presentation of the radiation safety license, file such use with the district ecology and environment department in the area to which the detector is transferred, and shall inform the district ecology and environment department in the area from which the detector is transferred. Where the original place and the destination of the transfer lie in the same district, filing formalities shall be completed at the local district ecology and environment department. Within five days after the end of the use, the unit using the flaw detector containing radioactive source shall go through the record canceling formalities with the district ecology and environment department where the original record was made. In the case of cross-district use, the unit using such detector shall additionally inform the district ecology and environment department in the area from which the device was transferred.

Where the transferred use of a flaw detector containing radioactive source is in another province, autonomous region, or municipality directly under the central government, such use shall be filed with the municipal ecology and environment department according to the relevant provisions of the State. The municipal ecology and environment department shall, within 24 hours after handling such formalities, inform in writing the relevant district ecology and environment department.

Each district ecology and environment department shall strengthen the supervision and inspection over the transfer of a flaw detector containing radioactive source.

Article 11 (Requirements for Operations of Flaw Detector Containing Radioactive Source)

When conducting outdoor or field operations of a flaw detector containing radioactive source, the operating unit shall designate a control area with a certain range at the operating site according to the provisions, and shall set up guard lines and distinct warning signs.

During the operations, the entrusted operating unit and the flaw detecting unit shall reinforce safeguard at the flaw detecting site and strictly prohibit unrelated persons from entering therein. Each flaw detector containing radioactive source shall have two and more operators, and one and more persons responsible for caution and monitoring.

Where a flaw detector containing radioactive source needs to be stored in the field, it shall be stored in a relatively closed place. The place shall be in the charge of a person specially assigned and shall have safety and protective measures against theft and leakage of radioactive rays. No flaw detector containing radioactive source shall be deposited in a residential building or an office-residence complex or other public places.

Every district ecology and environment department shall strengthen supervision and management over the operation site of a flaw detector containing radioactive source.

Article 12 (Transport Administration of Radioactive Source and Radiation Device Containing Radioactive Source)

Those who use road transportation to transport radioactive sources and radiation devices containing radioactive sources shall comply with the relevant provisions of the State and this Municipality on transportation units, special vehicles, equipment, employees, and safety production management systems, and take effective measures to prevent radioactive pollution.

It is prohibited to transport radioactive sources or radiation devices containing radioactive sources by public transport means. It is prohibited to transport radioactive sources or radiation devices containing radioactive sources mixed with other substances.

When conducting on-road vehicle inspections, the public security and transport department shall, upon discovery of acts violating the transport provisions by a vehicle loaded with radioactive sources or radiation devices containing radioactive sources, report promptly to the ecology and environment department.

Article 13 (Management of Record-Keeping Account of Radioisotopes and Radiation Devices)

A radiation work unit shall, in accordance with the provisions of the State and this Municipality, establish a record-keeping account of radioisotopes and radiation devices.

A unit that sells radioisotopes and radiation devices shall expressly record in the record-keeping account the name and address of a buyer and the number of the radiation safety license the buyer holds; a unit that uses radioisotopes and radiation devices shall expressly record the usage, maintenance, inspection and repair of such devices in the record-keeping account.

Article 14 (Radioactive Waste Management)

Radiation work units that generate radioactive waste gas, liquid waste, and solid waste shall have the ability or feasible treatment plan to ensure the standard discharge of radioactive waste gas, liquid waste, and solid waste, and shall safely dispose of radioactive waste in accordance with national and municipal provisions.

Article 15 (Retirement of Radioactive Workplaces and Radiation Devices)

Radioactive workplaces and radiation devices that have been discontinued shall be decommissioned in accordance with the provisions of the State, and the radiation work unit shall handle the corresponding procedures for revoking or changing the radiation safety license.

Article 16 (Emergency Response and Accident Management)

The ecology and environment department shall, jointly with the administrative departments for public security and health at the same level, prepare an emergency preplan for radioactive pollution accident and put it into effect after obtaining the approval of the people’s government at the same level.

A radiation work unit shall, in accordance with the emergency preplan for radioactive pollution accident made by the municipal or district authorities and in light of its specific conditions, prepare its own emergency preplan and file the preplan with the local district ecology and environment department for record.

In the case of a radioactive pollution accident, the unit involved shall activate its emergency preplan immediately, take emergency measures and report immediately to the emergency response body for public contingency or the ecology and environment or public security or health administrative department of the local district people's government.

Upon the receipt of a report on a radioactive pollution accident, the relevant department shall immediately dispatch persons to the scene to take effective measures according to their respective functions and duties, to control and eliminate the impact of the accident, and shall, at the same time, report promptly the information on the accident to the higher authorities in accordance with the state provisions on the classification report of public emergencies.

Article 17 (Guiding Regulations)

In case of acts violating the provisions of these Provisions, if such laws and rules as the Law of the People's Republic of China on Prevention and Control of Radioactive Pollution, the Regulations on the Safety and Protection of Radioisotopes and Radiation Devices, the Regulations on Safety Administration of Radioactive Articles Transportation have punishment provisions, such provisions shall prevail.

Every person that violates the provisions on the prevention and control of occupational diseases related to radioactive pollution set out in these Provisions shall be dealt with by the administrative department for health in accordance with the provisions of the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases and other relevant laws and rules.

Article 18 (Punishment for Violation of Provisions on Routine Inspection of Flaw Detector Containing Radioactive Source)

Every person that, in violation of the provision of Article 9 of these Provisions, fails to inspect and record the usage and safety protection conditions of a flaw detector, or fails to conduct the real-time position monitoring, shall make correction by order of the ecology and environment department with jurisdiction and is liable to a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Article 19 (Punishment for Violation of Provisions on Transfer of Flaw Detector Containing Radioactive Source)

Every person that, in violation of the provision of Clause 1 of Article 10 of these Provisions, fails to perform filing formalities with the ecology and environment department as required shall make correction within the prescribed time and be given warnings by the district ecology and environment department in the area where a flaw detector is being used. For failure to make correction within the prescribed time, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Article 20 (Punishment for Non-Compliance with Requirements for Operations of Flaw Detector Containing Radioactive Source)

Every person that, in violation of the provision of Clause 2 of Article 11 of these Provisions, fails to specially assign persons to safeguard a flaw detector containing radioactive source, shall make prompt correction by order of the district ecology and environment department in the area where the flaw detector containing radioactive source is being used; for refusal to make correction, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

Every person that, in violation of the provision of Clause 3 of Article 11 of these Provisions, stores a flaw detector containing radioactive source in a residential building or an office-residence complex or other public places, shall make prompt correction by order of the district ecology and environment department in the area where the flaw detector containing radioactive source is being used and is liable to a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 21 (Effective Date)

These Provisions shall be effective as of January 15, 2010.