Administrative Measures On Food Waste In Nanchang City

Original Language Title: 南昌市餐厨垃圾管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399378.shtml

Administrative measures on food waste in Nanchang city (March 7, 2014 Nanchang Government 3rd times Executive Conference through April 4, 2014 Nanchang Government makes 153th, released since May 15, 2014 up purposes) first article to strengthening meal kitchen garbage of management, promote meal kitchen garbage harmless of processing and reasonable using, improved city city sanitation, guarantees people body health, according to People's Republic of China solid waste pollution environment control method, and State City City and sanitation management Ordinance, related legal, and

    Regulations, and the city's actual, these measures are formulated.

Article of food waste in these measures refers to besides residents dining services, meals, food production and processing units and self-employed households (hereinafter referred to as food waste generating unit) in the process of production and management of food residues, food processing wastes and waste edible oils.

    Waste edible oils in the preceding paragraph, refers to an edible part of plant and animal fats, food waste contained in oils, oil-water separators and grease, oil separation treatment, and so on.

    Article urban planning area in the city's kitchen waste generation, collection, transportation, disposal and related management activities these measures shall apply.

    Fourth municipal people's Government the establishment of food waste management coordinator, study and solve major matters of kitchen waste management, coordination and urge the relevant departments to perform their duties of supervision and administration, managed by the municipal authorities are responsible for its daily work.

Fifth of municipal urban management authorities are responsible for the supervision of the city's kitchen waste management; urban management departments in accordance with administrative privileges is responsible for supervision and administration of the area of kitchen waste.

    Development and reform, environmental protection, health, food and drug supervision, industry and commerce, public security, agriculture, quality supervision, trade, planning, finance and other relevant departments shall, in accordance with their respective responsibilities, supervision and administration of food waste.

    Article sixth of kitchen waste management, adhere to the principle of reduction, harmlessness, resource and the implementation of an integrated system of collection, transport, disposal of focus point.

Article seventh through fresh-cut vegetables listed, improved food and beverage processing technology and civilization at the table way, reduce the amount of food waste produced.

    Food waste collection, transportation and treatment of financially subsidized by the city, specific measures by the urban management authorities together with the municipal finance, price and other administrative departments shall be formulated and submitted to the municipal people's Government for approval before implementation.

    Eighth restaurant industry associations shall strengthen self-discipline, standardize trade, promote food waste reduction methods, food waste management into restaurant ratings and credit management, urging restaurants to do harmless treatment of food waste.

Nineth no units and individuals have the right to submit complaints of acts in violation of these regulations and information.

    City, urban management authorities after receiving the complaints, the report should be investigated immediately, and after accepting the results inform the complainant or informant.

Tenth of municipal city management authorities shall, jointly with relevant departments, according to the city's overall urban planning, national economic and social development plan of kitchen waste disposal facilities, and incorporated into the municipal city appearance and environmental sanitation planning.

    Food waste disposal facilities should serve as sanitation facilities land into urban and rural planning, without authorization, no unit or individual is allowed to occupy or change its use.

11th kitchen garbage units shall in every December 20 under the present Declaration to the urban management authorities of where the units in the previous year of kitchen waste type and quantity.

    New kitchen garbage units shall, from the date of first declared to the district city management authorities in the 30th year of kitchen waste type and quantity.

12th kitchen garbage units shall comply with the following provisions:

(A) complying with standard kitchen waste collection containers, facilities, collection containers, facilities shall be maintained in good condition, closed, and maintaining a clean environment;

(B) food waste and non-food waste separately and in accordance with the relevant provisions of the environmental protection, setting oil-water separator or grease pollution control facilities;

(C) not take food waste into water pipes, sewers, waterways, lakes, ditches, latrines;

(D) establish food waste to produce accounts, authentic and complete record of kitchen waste quantity, destination, and so on.

    Kitchen waste generating unit should be made with a franchise license collection, transportation services company kitchen waste collection, transportation, and urban management Department and food and drug supervision departments.

13th article of the municipal urban planning area within the kitchen waste collection, transportation, disposal practices the franchising system.

    Kitchen garbage units shall produce food waste handed over to franchise service enterprises collection, transportation, disposal, without the franchise companies and individuals are permitted to collect, transport, disposal kitchen waste.

14th section for kitchen waste collection, transport service enterprises shall be subject to the following conditions:

(A) have the status of enterprise legal persons with a registered capital of no less than 3 million Yuan;

(B) special collection containers for kitchen waste collection should be closed, and should have a separate collection of functions;

(C) food waste should be closed automatically unload vehicles for transport, has odor diffusion-proof, anti-littering, anti-drip function, installation and handling recorder;

(D) establish and implement the technology, quality, security, and monitoring and effective implementation of the management system;

(V) road transport operators permit, vehicle driving permit;

(Vi) have a fixed office space as well as machinery, equipment, parking place;

    (VII) other conditions stipulated by laws, rules and regulations.

15th enterprise engaged in the food waste disposal services, subject to the following conditions:

(A) have the status of enterprise legal persons, capacity of less than 100 tons/day, the registered capital of no less than 5 million Yuan, capacity greater than 100 tonnes/day with a registered capital of no less than 20 million Yuan;

(B) the location of kitchen waste disposal sites conform to the urban and rural planning, and planning permission;

(C) the technology, process comply with the relevant national standards adopted;

(D) meet the requirements of the national professional and technical personnel;

(E) robust processes, device management, monitoring and protection of the environment, financial management, production, security, statistics and other aspects of management and effective implementation of the system:

(Vi) with a viable food waste waste water, waste gas, and waste residue disposal technology program;

(VII) has developed plans to control pollution and emergencies;

    (VIII) other conditions stipulated by laws, rules and regulations. 16th city management authorities should be determined through fair bidding competition kitchen waste collection, transportation, disposal, franchise services, licensing, and sign franchise agreements with them.

Kitchen waste franchise agreements should clearly term of operation, service standards, business area, breach of contract, such as content, and as an annex to permit collection, transport, disposal.

    City urban management authorities should franchises will be made of the kitchen waste collection, transportation and disposal services in the corporate directory to the public.

17th kitchen waste collection and transport service enterprise should have a sign food waste and food waste collection, transportation, and comply with the following provisions:

(A) according to environmental standards and norms, within the time stated in the timely collection, transportation of food waste;

(B) will collect food waste transported to make franchising disposal the disposal service companies;

(C) vehicles for collecting, transporting food waste, shall be sealed and in good condition, clean and spray provides identification of the mark;

(D) establish the kitchen waste collection, transportation account system, collect, transport ledgers shall monthly submission to urban management authorities;

    (E) are not allowed to go out of business, and business.

18th kitchen waste disposal services enterprise shall comply with the following provisions:

(A) restaurant-kitchen garbage disposal technology and equipment shall comply with the relevant national standard kitchen waste disposal technology;

(B) strictly in accordance with relevant State regulations and technical standards, disposal kitchen waste, produced during disposal of waste water, waste gas, and waste residue should comply with environmental standards, and waste water, waste gas and waste residue periodic monitoring of the emissions and concentrations;

(C) in accordance with the requirements for kitchen garbage disposal facilities on a regular basis of performance testing, evaluation, and report to the City Management Department test and evaluate the results;

(D) the establishment of food waste disposal machine account system, food waste disposal machine account should be submitted monthly to the city management authorities;

    (E) are not allowed to go out of business, and business.

    19th prohibits any unit and individual waste edible oils are processed into cooking oil for use or sale, and harmless treatment of food waste is prohibited without feeding livestock and poultry.

    20th of municipal urban management authorities should be entrusted with the measurement certification institution, food waste disposal sites on a regular basis the food waste disposal quantity, quality and environmental impact monitoring.

21st kitchen waste collection, transportation and disposal services enterprise is absolutely necessary to go out of business, closing, should be 6 months in advance of reporting to departments of city management, with his consent before they can go out of business or out of business.

    City management authorities should be food waste collection, transportation and disposal services before going out of business or out of business to promote protection of food waste collection, transport and disposal measures.

22nd food waste collection, transportation and disposal services, kitchen waste pollution emergencies should be established to prevent the emergency plan, and submitted to the municipal city management authorities for the record.

    City management authorities shall, jointly with relevant departments of food waste collection, transportation and disposal of emergency plans, establishing emergency disposal system for kitchen waste, food waste under emergency or special circumstances the normal collection, transport and disposal.

    23rd of municipal and district city management authorities should establish and improve the system of supervision and management of food waste, set up kitchen waste generation, collection, transportation and treatment of information platform to strengthen food waste generating units and the collection, transportation and treatment service supervision and inspection of the implementation of these measures.

24th of municipal and district city management authorities when conducting supervision and inspection, and the right to take the following measures:

(A) consult, copy the relevant files and data;

(Ii) are checked for units and individuals were asked to note on this issue;
(C) access to the site to conduct;

(D) order the units and individuals to correct violations.

    The relevant units and individuals shall support supervision and inspection, and shall not prejudice blocking inspectors from performing official duties according to law.

25th food and drug administration, quality supervision, industry and commerce, environmental protection, agriculture and other departments concerned should strengthen their food waste generation, collection, transportation and treatment of supervision and inspection work.

    Urban management authorities and administration departments should work with food and drug administration, quality supervision, industry and commerce, environmental protection, agriculture and other relevant departments to establish an information sharing system and, if necessary, enforcement mechanism can be implemented.

    Article 26th acts in violation of these rules, laws, regulations, rules and penalties, shall be punished in accordance with law by the relevant authorities.

27th article violates these rules, food waste to produce one of the following acts, rectification by the food and drug supervision departments, and be punished in accordance with the following provisions:

(A) is not set up to standard kitchen waste collection containers, facilities, and fined a maximum of 200 Yuan and 500 Yuan;

(B) the kitchen waste and non-food waste is not stored separately, between 2000 and 1000 Yuan fine;

(C) failing to create a kitchen waste generation account, fined a maximum of between 1000 and 500 Yuan;

    (D) food waste referred to does not comply with the provisions of unit or individual collection, transportation, disposal, and fined a maximum of between 5000 and 3000 Yuan.

    28th article violates these rules, without a franchise for food waste collection, transportation and disposal activities and rectification by the city administration departments, and fined a maximum of 3000 Yuan and 30,000 yuan.

29th article violates these rules, food waste collection, transport services, one of the following acts, rectification by the city administration departments, and more than 5000 Yuan and 10,000 yuan the following fines:

(A) is not in the collection, transport of kitchen waste in a timely manner within a specified time;

(B) the food is not the garbage disposal to obtain a franchise service enterprises to be disposed of;

(C) the vehicle is not airtight, intact, clean or do not spray under identification marks;

    (D) failure to establish food waste collection, transportation accounts.

    30th article violates these rules, food waste collection, transportation, disposal service companies, unauthorized suspension of operation or closure, rectification by the city administration departments, and fined a maximum of 20,000 yuan and 30,000 yuan.

    31st article violates these rules, using harmless treatment of food waste to feed livestock, by the Agriculture Department ordered corrective action, and concurrently impose a fine of less than 2000 Yuan and 10,000 yuan.

    Article 32nd urban management authorities, municipal administration Department and other relevant departments and their personnel who abuse their powers, neglect their duties, engage, its managers and persons directly responsible shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 33rd County kitchen waste management in accordance with the measures implemented. 34th article of the rules take effect on May 15, 2014.