Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390335.shtml
Wuhan kitchen waste management
(June 3, 2013 Wuhan City Government makes No. 238, announced since December 1, 2013 up purposes) first article for strengthening on this city meal kitchen waste of management, maintenance city city environment, guarantees food security, promote resources cycle using, according to People's Republic of China solid waste pollution environment control method, and Wuhan City sanitation management Ordinance, legal, and regulations and the about provides, combined this city actual, developed this approach.
Second this approach applies to the city and municipal urbanization management of other areas identified food waste disposal and related supervisory activities.
Kitchen waste disposal including the collection, transport and disposal aspects.
Article of food waste in these measures refers to catering services, except for the residents ' daily life unit canteens for meals, food production and processing activities of the food residues, food processing wastes, waste edible oil.
Waste edible oils referred to in the preceding paragraph refers is no longer edible animal fats and oil-water mixtures (including separation of oil-water separators, fume, oil-water separation tank drain, smoke, sewage facilities in the oil-water mixture).
Fourth the city's kitchen waste management in accordance with the reduction, recycling and environmentally sound principles of unified collection, transport and disposal.
Promoting clean vegetables listed and civilization, encourage the reduction of food waste, encourage food waste decontamination, utilization of technology development and facility construction.
Fifth of municipal people's Government and the District Government (including Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, city, Wuhan East Lake ecological tourism scenic spot Management Committee of chemical, the same below) include kitchen waste management in urban management and food safety performance goals civilized unit of assessment, evaluation, and for kitchen waste harmless treatment and resource utilization of units and individuals who have made outstanding achievements to be commended. Kitchen waste management municipal and district people's Government funds into the budget, financial subsidies given to kitchen waste disposal.
Specific subsidy schemes managed by the municipal authorities and the Municipal Finance Department separately.
Sixth, kitchen waste, municipal city management is responsible for the supervision and management of the work and organize the implementation of the present measures.
Urban management is responsible for the supervision and management of food waste in their administrative areas.
The seventh bar the food and drug administration, quality supervision, industry and commerce, agriculture (livestock), environmental protection, business, tourism, education, urban and rural construction, water supply, public security, finance, price departments shall, in accordance with their respective responsibilities, to do the kitchen waste management related work.
Food industry association, the eighth article of the city should strengthen industry self-regulation, regulating industry, actively involved in the development of relevant standards and norms to promote technology and ways to reduce food waste, kitchen waste management into restaurant ratings. The Nineth kitchen waste kitchen waste disposal fee shall be paid.
Kitchen waste disposal fees into the municipal solid waste charging system, its collection items, standards, in accordance with the provisions of financial, pricing departments.
Tenth of municipal urban management Department shall, jointly with relevant departments, according to the city planning and land use planning to develop the city's kitchen waste disposal facilities planning, and integrated into the municipal city appearance and environmental sanitation planning.
Kitchen waste disposal facility should serve as sanitation facilities land into urban planning, without authorization, no unit or individual is allowed to occupy or change its use.
11th kitchen waste disposal facilities, shall comply with the planning of city appearance and environmental sanitation facilities and in accordance with the relevant provisions of the State investment, construction, environmental protection and other related procedures. After completion of the kitchen waste disposal facilities, the construction unit shall shall organize acceptance, register at urban-rural development Department for acceptance and submit construction project archives, at the same time inform the city administration.
Without acceptance record shall not be delivered.
12th kitchen waste management collection, transportation and treatment of enterprise, management collection, transportation and disposal services shall be obtained licenses. Urban management should, through competitive bidding, fair competition, making the kitchen waste management collection, transportation licensing decisions, determine operating within their respective jurisdictions to collect and transport units.
Urban management should, through competitive bidding, fair competition, make the kitchen waste management disposal permit decisions, awarded to winner of kitchen waste management disposal services license. City, municipal and district administration and successful units in accordance with the provisions of municipal utilities franchising management, respectively, signed a food waste collection, transportation and treatment of franchise agreements, contract term of operation, service standard, regions and so on.
District Administration signed a franchise agreement should be submitted to the municipal City Management Department.
13th kitchen waste management collection, transportation services, 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) the special collection for kitchen waste collection should be in closed containers, and has a separate collection of function;
(C) food waste should be closed automatically unload vehicles for transport, can prevent spread of stench, anti-littering, anti-drip function;
(D) have a sound technical, quality, security and monitoring and effective implementation of the management system;
(E) is valid road transport operators permit, vehicle driving permit;
(Vi) has a permanent Office and the machinery, equipment, parking places;
(VII) other conditions stipulated by laws and regulations.
Article 14th kitchen waste management disposal services subject to the following conditions:
(A) have the status of enterprise legal persons, size of less than 100 tons/day, the registered capital of no less than 5 million Yuan scale greater than 100 tons/day, the registered capital of no less than 50 million Yuan;
(B) the site conform to the urban and rural planning, planning, construction approval and obtain the appropriate documents;
(C) use techniques, processes in compliance with the relevant standard;
(D) sound processes, device management, monitoring and protection of the environment, financial management, production security, statistical and other aspects of management and effective implementation of the system;
(E) with a viable food waste waste water, waste gas, waste treatment technology and standards programme;
(Vi) other conditions stipulated by laws and regulations.
15th kitchen waste generation and treatment unit machine account system should be established in accordance with the following provisions:
(A) the kitchen waste kitchen waste unit record number, destination, and so on;
(B) the kitchen waste collection, transportation record collection, transportation sources of kitchen waste, quantity, destination, and so on;
(C) the kitchen waste kitchen waste disposal units record source, quantity, method of disposal, product flow and operating data, and so on;
(D) the record is true, complete and last over 2 years.
Kitchen waste generation and treatment unit should be submitted in accordance with the provisions of the administration of the city ledger, and obtain the appropriate receipt.
Kitchen waste generation, collection, transport and disposal of a single Union system, specific measures shall be formulated separately by the city administration.
16th kitchen waste unit shall comply with the following provisions:
(A) the separate collection of kitchen waste may not be disposable tableware and drinks container, mix other solid domestic waste such as plastic tablecloths;
(B) in the place settings special collection containers for kitchen waste, keep intact, sealed collection container and surroundings clean and tidy;
(C) set the oil-water separators, fume separator or water pollution prevention facilities such as isolation pool to maintain its normal use and pollutant emissions in accordance with the relevant standards;
(D) within 24 hours of the kitchen waste, kitchen waste handed over to obtain permission in a timely manner of kitchen waste collection, transport or urban management Department of sanitation operation unit collection, transportation;
(E) other provisions of the laws, regulations and rules.
17th kitchen waste collection, transport units shall comply with the following provisions:
(A) according to environmental standards and norms, within the time stated in the kitchen waste collection, transportation, daily kitchen waste removal of kitchen waste shall not be less than 1;
(B) to separate the kitchen waste and other waste collection, transportation, and the types and quantities of kitchen waste unit is responsible for validation;
(C) equipped requires special transportation vehicles and related trans-shipment facilities, remain in good condition, clean and airtight transport;
(D) not leaving during transport, drip, transfer shall not be exposed during storage;
(E) with the permission of kitchen waste disposal units signed a service agreement, kitchen kitchen waste disposal of waste transport to the designated place, the type and quantity of the disposal unit is responsible for confirmation;
(Vi) other provisions of the laws, regulations and rules.
18th kitchen waste disposal units shall comply with the following provisions:
(A) in accordance with the relevant regulations and technical standards, the implementation of harmless treatment;
(B) the disposal of waste water, waste gas, and waste residue generated in the process meets environmental standards to prevent the secondary pollution;
(C) the use of microbial treatment of kitchen waste, comply with the relevant provisions of the State and take the appropriate safety control measures;
(D) in accordance with the relevant provisions and the relevant technical specification for safety, qualified managers and operators to draw up detailed management systems and emergency plans to ensure safe operation of the treatment facility;
(V) the quality of products produced in accordance with the relevant standard;
(F) in accordance with the requirements for environmental effects monitoring, for kitchen waste disposal facilities and environmental indicators for detection, assessment, and urban management Department, environmental protection Department, and test and evaluate the results of the report;
(VII) shall not receive, dispose of without permission of units and individuals transporting food waste;
(VIII) other provisions of the laws, regulations and rules.
19th in the kitchen waste in the production, processing, the following actions are forbidden:
(A) the use of kitchen waste and processed as raw material to produce, processed foods;
(B) waste oil processing as an edible oil sales, or processed foods;
(C) use harmless treatment of kitchen waste feeding livestock and poultry;
(D) the kitchen wastes discharged into stormwater and sewage drainage pipes or public facilities, such as rivers, lakes and other bodies of water;
(E) food waste will be transported to disposal outside the administrative area of the city;
(Vi) other behaviors prohibited by laws, rules and regulations.
Article 20th could not continue operating due to force majeure, a food waste disposal units are not free to go out of business, closing, absolutely necessary to close for business, 3 months in advance should be reported to the Municipal Department of urban management, approval may go out of business or out of business.
21st city and urban management Department shall by written examination, field sampling, on-site approved ways to strengthen the food-waste generation, dealing with the supervision and inspection activities, and the establishment of appropriate regulatory records.
Urban management departments shall, in accordance with the provisions of the time, authorities declared the food waste generated, processed, summarized the situation submitted to the City Management Department.
The food and drug administration, quality supervision, industry and commerce, agriculture (livestock), the Environmental Protection Department shall, within their respective mandates, to strengthen supervision and inspection of kitchen waste.
22nd city management departments shall, jointly with relevant departments set up kitchen waste, handling general information surveillance platform, announced to the public on a regular basis the following information:
(A) the types and quantities of food waste;
(B) issuance of the kitchen waste collection, transportation and disposal services license information;
(C) the kitchen waste harmless treatment and resource utilization of information;
(D) the kitchen waste, processing unit of illegal information;
(E) the laws, rules and regulations should be open for additional information.
City and urban management Department shall establish a complaints system to receive public complaints and reports of kitchen waste disposal activities, and process the results will inform the complainant or informant; belongs to the competence of other departments, should timely transfer of relevant departments.
23rd on the sector and its supervision and management staff in the implementation of food waste shall not be any of the following acts:
(A) any establishment of charging items or increase standards;
(B) to force businesses to use the specified product or receiving designated services;
(Iii) other interfere with normal business operations or damage the legitimate rights and interests of enterprises and enterprise managers.
The preceding paragraph, kitchen waste and processing units have the right to refuse, and can report complaints to the relevant authorities and supervisory organs.
24th city management departments shall, jointly with relevant departments to develop the city's kitchen waste disposal emergency plans, establish emergency response system, ensure normal emergency or special circumstances of kitchen waste collection, transportation and disposal. The 25th city management, management of food safety related organizations should take a variety of forms to carry out publicity and education, popularize the cooking oil and other food safety knowledge and common sense, encouraging consumption, increase public awareness of health, food safety, and environmental awareness.
Strengthen honesty and self-discipline education, strengthen training, improve food production, services and business unit of consciousness and awareness of food safety, form a good social environment for ensuring food safety.
26th in violation of these rules, any of the following acts, by the city administration of law enforcement agencies in accordance with the measures for the management of municipal solid waste (Ministry of construction, the 157th) be dealt with:
(A) unauthorized kitchen waste management collection, transportation and disposal activities, shall be ordered to desist from the illegal act and a fine of 30,000 yuan;
(B) failing to pay their kitchen waste disposal fee, the rectification, it fails, may impose a processing fee payable to the unit 3 times and no more than 30,000 yuan fine, impose a processing fee payable to individuals 3 times and no more than 1000 Yuan fine;
(C) the kitchen waste collection, transport unit during transport along the littering, dripping kitchen waste, shall be ordered to desist from the illegal act, correct within a more than 5000 Yuan and fined a maximum of 50,000 yuan;
(D) the kitchen waste collection, transportation in violation of this article 18th (a), (c) and (e) provides, rectification, and to a fine of up to 5000 Yuan and 30,000 yuan;
(E) food waste disposal units article 19th of this approach (a), (b), (c), (d), (f) provided, rectification, and to a fine of up to 30,000 yuan and 100,000 yuan; losses caused shall assume liability;
(Vi) unauthorized business, closing, rectification, the kitchen waste collection, transport units to a fine below 10,000 yuan and 30,000 yuan; for kitchen waste disposal units to a fine below 50,000 yuan and 100,000 yuan; losses caused shall bear liability.
27th article in violation of these regulations, food waste disposal facility without acceptance or acceptance of unqualified use, by urban and rural construction departments in accordance with the provisions of the municipal solid waste management practices, correction, penalty of between engineering contract price 2% 4%; losses caused shall bear liability.
28th article in violation of these regulations, any of the following acts, ordered by the city administration law enforcement corrections, it fails, and be punished in accordance with the following provisions:
(A) failing to establish, record, sending food waste accounts or not implementing the single system, fined a maximum of between 3000 and 500 Yuan;
(B) failing to separate waste collection, transportation, storage of food, and mixed with solid waste, fined a maximum of 1000 Yuan and 10,000 yuan;
(C) the kitchen waste generating units failing to set the private collection kitchen waste containers or not using a unified set of special collection containers, fined a maximum of 1000 Yuan and 10,000 yuan;
(D) referred to the failure to obtain permission of kitchen waste unit or individual collection, transport, disposal, or receive, process without obtaining the permission of unit or individual transport of kitchen waste, for individuals between 3000 and 1000 Yuan fine, penalty of between 10,000 yuan and 30,000 yuan.
29th article violates this approach using domesticates of harmless treatment of kitchen waste from agriculture (livestock) Department be ordered to desist from the illegal act, deadline for kitchen waste of livestock and poultry breeding for treatment, for individuals between 5000 and 1000 Yuan fine, the unit shall be fined a maximum of 5000 Yuan and 30,000 yuan.
30th in violation of these rules, relating to environmental protection, food security, water resources and Lake protection and management of drainage and by relevant departments according to law.
31st city Administrative Department, other relevant departments and their staff, one of the following acts, the competent authority shall order rectification, and its officers and persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) is not in accordance with the provisions issued by the kitchen waste collection, transportation and disposal services permits;
(B) failing to perform their administrative duties of supervision and administration;
(C) other acts of abuse of authority, dereliction of duty or engages in. 32nd article this way come into force December 1, 2013.
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