Shanghai Municipal People's Government On The Revision Of The Regulation On Food Waste Treatment In Shanghai's Decision

Original Language Title: 上海市人民政府关于修改《上海市餐厨垃圾处理管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387257.shtml

Shanghai Municipal People's Government on the revision of the regulation on food waste treatment in Shanghai's decision

    (December 17, 2012 the 159th meeting of Shanghai Municipal review on December 26, 2012, released from the Shanghai Municipal People's Government, the 98th as of March 1, 2013) municipal decisions on the management of food waste treatment in Shanghai the following amendments:

    One, the second is revised as follows:

    Kitchen waste in these measures refers to food processing except for the residents ' daily life, food services, meals and other activities in the food and food processing residual waste.

    Second, one paragraph is added as the second paragraph in the article:

    Disposal of kitchen waste oil management, this approach is not applicable.

    Three, eighth in the first paragraph and the second paragraph is amended as:

    Kitchen garbage units shall, according to the Shanghai municipal urban sanitation facilities regulations complying with standard kitchen waste collection containers.

    Kitchen waste generating units should be food waste and non-food waste collected separately.

    Add a paragraph to section four, in the eighth as the fourth paragraph:

    The city encourage food waste to produce units to install food waste treatment plant.

    Five, 13th revised as follows:

    Food waste disposal units by District (County) greening the City Department determines through tender.

    MGA Sports Bureau and the district (County) greening the city departments should be released to public tender to determine food waste disposal unit name, type of disposal, business premises and other matters.

    VI by deleting article 18th.

    Article by deleting the 22nd, the fifth of seven.

    Eight, other modifications:

    "Sanitation Department" unified revised as "green amenity sector."

    The Nineth, 17th in the second paragraph of article 18th, the third "kitchen waste" is amended as "kitchen waste".

    In addition, according to this decision, on the part of the order of the articles and text adjusted accordingly. This decision shall take effect on March 1, 2013.

    The management of food waste treatment in Shanghai in accordance with this decision be revised and adjusted, republished. Attached: Shanghai City meal kitchen garbage processing management approach (2012 amendment this) (January 13, 2005 Shanghai City Government makes 45th, released according to December 20, 2010 Shanghai City Government makes 52nd, announced of Shanghai City Government on modified straddling Shanghai City farm machinery accident processing provisional provides, 148 pieces municipal government regulations of decided first times amendment according to December 26, 2012 Shanghai City Government makes 98th, announced of Shanghai City Government on modified straddling

    Food waste treatment management in Shanghai decided to approach the second amendment)

    Article I (purpose and basis)

    In order to strengthen the city's kitchen waste treatment management, maintain the city clean, protect public health, in accordance with the relevant laws and regulations and the Shanghai city appearance and environmental sanitation Administration Ordinance, these measures are formulated.

    The second (for the meaning of the term)

    Kitchen waste in these measures refers to food processing except for the residents ' daily life, food services, meals and other activities in the food and food processing residual waste.

    Article III (scope of application)

    This approach applies within the administrative area of the city of kitchen waste collection, transportation, disposal and related administrative activities.

    Disposal of kitchen waste oil management, this approach is not applicable.

    Fourth (Administrative Department)

    Shanghai Municipal greening and city authority (hereinafter "greening the City Council") is responsible for the city's kitchen waste management area (s) greening the city food waste treatment departments are responsible for the area of day-to-day management.

    Environmental, industry and commerce, public security in the city, agriculture, business, food and drug administration, health, quality and technical supervision and management departments in accordance with their respective responsibilities, to coordinate the implementation of these measures.

    Fifth (reduction and recycling)

    Through fresh-cut vegetables in the city market, improved processing technology way, reduce the amount of food waste produced.

    The city encouraged the kitchen waste recycling.

    Sixth (compulsory subject)

    Food processing units, catering and management units, canteens and other food waste generating units (including individual businesses, the same below) should assume the obligation of kitchen waste collection, transportation and disposal.

    Seventh (Declaration)

    Kitchen garbage units shall each year to the region (s) greening the city authorities declare the type and quantity of food waste.

    Eighth (collection request)

    Kitchen garbage units shall, according to the Shanghai municipal urban sanitation facilities regulations complying with standard kitchen waste collection containers.

    Kitchen waste generating units should be food waste and non-food waste collected separately.

    Kitchen waste kitchen waste collection containers should be maintained in good condition and proper use.

    The city encourage food waste to produce units to install food waste treatment plant.

    Nineth (self collection, transportation and disposal)

    Kitchen waste produced on its own collection of kitchen waste, shall comply with the conditions stipulated by the municipal greening the City Council, and prior to the first collection to the district (County) greening the City Department.

    Kitchen waste in microbial treatment units using equipment disposal kitchen waste, biological treatment equipment shall, in accordance with the provisions of the regulations of Shanghai Municipal city appearance and environmental sanitation administration, greening the City Council or the district (County) greening the city go through the relevant formalities.

    Except in accordance with this article, second paragraph of their own collection, transportation and treatment of cases, food waste should be by the article tenth, 13th article collection collection, transportation, disposal, disposal units.

    Tenth (collection)

    Green City by the City Council or the district (s) bidding designated by green city solid waste collection units for the kitchen waste collection units in the same region, is responsible for the kitchen waste collection and transportation within the region.

    11th (collection and transportation requirements)

    Kitchen garbage collection when the collection of kitchen waste, the collection of kitchen waste types and quantities should be confirmed by the food waste to produce units.

    Kitchen garbage collection kitchen waste sent to disposal of units units shall be sent by the disposal unit for kitchen waste type and amount confirmation.

    Food waste should be introduced for enclosed transport, no dropping leakage and scattered during the transport process.

    Kitchen waste, transport equipment and tools shall be kept clean and in good condition.

    12th (collection and transportation account)

    Food waste collection and transportation units shall establish collection records of account, quarterly to the district (County) on greening the City Department quarterly collection of kitchen waste sources, the type, quantity and disposition of units, and so on.

    13th (disposal)

    Food waste disposal units by District (County) greening the City Department determines through tender.

    MGA Sports Bureau and the district (County) greening the city departments should be released to public tender to determine food waste disposal unit name, type of disposal, business premises and other matters.

    14th (disposal requirements)

    Food waste disposal units shall, in accordance with municipal solid waste disposal standards, implementation of harmless treatment and maintenance of city appearance and environmental sanitation around the disposal site.

    Units engaged in food waste disposal should be in accordance with the State and the relevant provisions of the municipal environmental protection and effective pollution control measures taken during the disposal process using microorganism disposal kitchen waste, shall, according to the Shanghai Municipal microbial agent used provisions of the environmental safety management, environmental safety permits of microbial agents and to take appropriate safety control measures.

    15th (disposal of account)

    Food waste disposal units shall establish a record of disposition account, quarterly to the district (County) on greening the City Department quarterly disposal of kitchen waste sources, type, number, and so on.

    16th (summary declaration information)

    The district (County) greening the city of relevant units of the Department shall promptly declare food waste, collection, transportation, disposal, and so on, after submission, greening the City Council.

    17th (processing fee) In addition to using their own equipment cases to dispose of kitchen waste using microorganisms, food waste collection units shall, in accordance with the collection and transportation units of kitchen waste types and quantity, to the area (s) greening the city designated by the Agency to pay food waste disposal fee.

    Specific payment standards and approaches, by the Municipal Department in charge of price, greening the city, in conjunction with the Council separately.

    City greening the City Council or the district (County) greening the city departments shall, in accordance with the collection type, quantity, and kitchen waste collection units to pay collection costs; tender disposition of the relevant agreement, payment of disposal costs to food waste disposal units.

    18th (prohibited acts)

    Food waste in the course of collection, transport, disposal, the following actions are forbidden:

    (A) unauthorized food waste collection and disposal;

    (Ii) the kitchen waste as animal feed;

    (C) provide the kitchen waste to approach tenth, 13th, personal collection, transportation or disposal of units other than those stipulated;

    (D) food waste mixed with other domestic waste collection and transportation;

    (E) food waste exposed storage.

    19th (supervision)

    MGA Sports Bureau and the district (County) greening the city departments should strengthen the food waste collection, transportation and treatment of supervision and inspection activities; the illegal acts such as collection, transportation, disposal kitchen waste, jointly with the industry and commerce, environmental protection, agriculture and other related management departments jointly investigated and dealt with.

    The inspected unit or individual shall faithfully reflect the situation, providing review content-related information not being insincere or concealing the truth and shall not refuse or obstruct the managers check.

    20th (complaints and reports) MGA Sports Bureau and the district (County) greening the city departments shall establish a complaints system, receive public kitchen waste collection, transportation and treatment of complaints and reports of activities.

    Upon receiving complaints or reports, greening the City Council or the district (County) greening the city departments to the site to investigate and handle in a timely manner, and in the process the results will inform the complainant or informant in the 15th.
21st (regulatory filing and incentives)

    MGA Sports Bureau and the district (County) greening the city departments should strengthen the food waste to produce units, collection, transportation and disposal units of supervision and inspection, and corresponding regulatory files. Food waste output quantity unit for 3 consecutive years below the industry average, published by the municipal greening the City Council its list and given certain incentives.

    Specific incentives, developed separately by the municipal greening the City Council. The city for violations of provisions of the kitchen waste collection, transportation, disposal, and in addition shall be subject to administrative penalties, introduction of accumulative points system. Cumulative score achieved the required score of kitchen waste collection, transportation, disposal units, greening the City Council or the district (County) greening the city departments may rescind the bid collection, transportation, disposal agreements with them; was lifted for 3 years of the agreement to participate in the municipal waste collection and transportation, disposal tender.

    Specific scoring approach, developed separately by the municipal greening the City Council.

    22nd (administrative penalties)

    Of conduct business activities in violation of these regulations, unless otherwise provided by laws and regulations, by greening the city or law enforcement sectors be punished in accordance with the following provisions:

    (A) in violation of these regulations article seventh, without formalities, a rectification; fails, a fine of 100 Yuan more than 1000 Yuan fine.

    (B) violation of the first paragraph of this article eighth, third paragraph, does not set the kitchen waste collection containers or container is not keep the collection intact and normal use, a rectification; fails, 300 yuan more than 2000 Yuan fine.

    (C) in violation of these regulations set forth in 12th and 15th, failing to establish collection and disposal accounts or undeclared status of collection, transportation, disposal, and rectification; fails, a fine of 100 Yuan more than 1000 Yuan fine.

    (D) violation of the first paragraph of this article 17th, does not pay a fee for kitchen garbage treatment, ordered to pay; it fails to pay, you can follow the tonne (less than 1 ton, 1 ton) fined 500 Yuan, but up to 30,000 yuan.

    (Five) violation this approach 18th article subsection (a) items, and subsection (ii) items, and subsection (three) items provides, unauthorized engaged in meal kitchen garbage received shipped, and disposal, will meal kitchen garbage as animal feed or provides to this approach tenth article, and 13th article provides yiwai of units, and personal received shipped or disposal of, ordered deadline corrected, can sentenced 3000 Yuan above 30,000 yuan following of fine.

    In non-business activities of any of the circumstances listed in the previous paragraph, except otherwise prescribed by laws and regulations, the green city departments or law enforcement authority shall order correction within; it fails, a fine of 100 Yuan more than 1000 Yuan fine.

    23rd (violation of environmental protection regulations)

    Food waste disposal process does not meet the requirements of environmental protection by the Environmental Protection Department in accordance with the relevant regulations of the State and this municipality.

    24th (reconsideration and litigation)

    Parties on the specific administrative act undertaken by the management, may, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

    Parties on the specific administrative act if no application for reconsideration does not sue nor complied with, specific departments can apply for court enforcement of administrative acts.

    25th (commencement and repeal) These measures shall take effect on April 1, 2005. December 29, 1999 issued by the Shanghai Municipal People's Government of 80th of the Shanghai waste edible oil pollution prevention regulation repealed simultaneously.