~00.130000(Hebgz018.124)

Original Language Title:  ~00.130000(HEBGZ018.124)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384554.shtml

 ~00.130000(HEBGZ018.124)

Hebei province, kitchen waste management

    (December 11, 2012, Hebei provincial people's Government, the 113th Executive meeting through December 24, 2012 provincial orders (2012) the 14th release come into force February 1, 2013) Chapter I General provisions

    First to strengthen the management of kitchen waste, promote recycling and food waste recycling process, ensure food safety and public health, according to the Hebei province city appearance and environmental sanitation regulations and related laws and regulations, combined with the facts of the province, these measures are formulated.

    Second article this regulation is applicable in the province within the administrative area of kitchen waste generation, collection, transportation, disposal and related administrative activities.

    Article of food waste in these measures refers to food processing except for the residents ' daily life, food and beverage services, arising out of the collective activities such as feeding and food residues and waste edible oils and other waste.

    Waste edible oils referred to in the preceding paragraph refers is no longer edible animal fats and oil-water mixture.

    Article fourth of kitchen waste management, following the principle of reduction, recycling and harmless.

    Article fifth provincial housing and urban-rural development department is responsible for the supervision and management of food wastes in the province.

    City divided into districts, counties (cities) people appearance and sanitation Department is responsible for the supervision and management of food waste in their administrative areas.

    People's Governments above the county level development and reform, environmental protection, transportation, land and natural resources, food and drug supervision, industry and commerce administration, quality and technical supervision, finance, business, prices, agriculture, public security and other relevant departments according to their respective functions, kitchen waste-related supervision and control. Sixth people's Governments above the county level shall support the kitchen waste disposal facility project. Take a variety of measures, encourage the adoption of clean vegetables listed, to improve food processing techniques, meal and other means to reduce kitchen waste; by means of economic, technological, and kitchen waste recycling and treatment.

    Actively promote the kitchen waste collection, transportation and disposal of market-oriented mode of operation.

    Article seventh kitchen waste collection, transportation and disposal costs on municipal solid waste treatment fees were charged, insufficient appropriate subsidies by local people's Governments, and organizations to develop integrated solutions.

    Article eighth restaurants Association and the Association of sanitation should play a guiding role, developing relevant standards, standard industry code of conduct to promote methods of reducing food waste, kitchen waste management into restaurant ratings and sanitation target range.

    Chapter II planning and construction

    Nineth district of the city and County (City) Government city prepared by the environmental health and sanitation authorities planning should include contents of kitchen waste management, integrated kitchen waste collection, transportation, disposal facilities layout, and scale.

    Conditional areas, you can model for regional co-ordination, planning and construction of culture kitchen waste disposal facilities.

    Article tenth of kitchen waste collection, disposal facilities shall conform to the urban environmental sanitation planning.

    Kitchen waste disposal facility should serve as sanitation facilities land into urban and rural planning, without authorization, no unit or individual is allowed to occupy or change of use. 11th kitchen waste disposal facility construction projects, city divided into districts and County (City) Government investment Department approval or approval.

    Department of examination and approval of investment projects, should seek the views of people's Governments at the city appearance and environmental sanitation departments. Inter-administrative services range of kitchen waste disposal facility construction projects, by the Department of common higher level people's Government investment examination and approval.

    Higher people's Government departments in examination and approval of investment projects, should seek the views of people's Governments at the city appearance and environmental sanitation departments.

    12th kitchen waste collection, disposal facilities, engineering survey, design, construction and supervision of the construction, should strictly enforce the relevant laws, rules, regulations and technical standards. Article 13th after completion of the kitchen waste collection, disposal facilities, the construction unit shall shall organize acceptance, to the local government housing and urban-rural development authority completion record and submit construction project archives, and to inform the local people's Government of city appearance and environmental sanitation departments.

    Unqualified acceptance or acceptance shall not be delivered.

    Chapter III collection and transport

    14th for kitchen waste collection and transport shall be subject to approval of the provincial housing and urban-rural development department, obtained a permit and meet the following conditions:

    (A) the applicant is a legally registered enterprises with a registered capital of not less than 3 million Yuan;

    (B) there is a separate collection features closed special collection containers;

    (C) ten or more odor diffusion-proof, anti-littering, anti-drip function of kitchen waste transportation vehicle;

    (D) there is a permanent Office and the machinery, equipment, parking places;

    (V) other conditions stipulated by laws and regulations.

    Without permission, no unit or individual shall engage in the kitchen waste collection and transport activities. 15th district of city, County (City) Government appearance and sanitation authorities are in principle determined by bidding fair competition, such as kitchen waste collection and transportation business, and kitchen waste collection and transportation agreement signed.

    Kitchen waste collection and transport protocol should be expressly agreed upon term of operation, service standards, liability for breach of such content.

    16th kitchen waste unit shall comply with the following provisions:

    (A) classification of kitchen waste storage;

    (B) complying with standard kitchen waste collection containers and keep in normal use;

    (C) waste edible oils, installed in compliance with the relevant technical requirements of the oil-water separator or grease pollution control facilities;

    (D) establish the kitchen waste account, and at the end of each month to the local amenity and environmental health authorities Reporting on food type and quantity of the waste;

    (E) food waste should not be dumped, piled up, kitchen waste must not be put on or into the garbage collection, sewage and drainage pipes, water pipes and other urban public facilities and rivers, canals, lakes, reservoirs and other places;

    (F) the kitchen waste may not be sold, changes;

    (G) food waste collection and transportation business to enter into a written agreement, within 24 hours of the kitchen waste kitchen waste to the signed agreements of kitchen waste collection and transportation business, kitchen waste must not be given to other companies or individuals to collect and transport.

    Article 17th of kitchen waste collection and transportation business shall comply with the following requirements:

    (A) establish the kitchen waste collection and transportation account system;

    (B) food waste generation, collection, transportation and disposal of a single Union system;

    (C) the sanitation standards and norms, within the time stated in the timely collection and transport of kitchen waste daily kitchen waste removal of kitchen waste shall not be less than one;

    (D) used for kitchen waste collection, transport vehicles, should be closed automatic unloading vehicles, ensure the sealed and in good condition and clean and tidy;

    (V) collection of kitchen waste into line with the food waste disposal sites as provided herein.

    Article 18th kitchen waste will be transported to the districts of the city and County (City) disposed of outside the administrative area, kitchen waste collection and transport enterprise shall be reported to the local people's Governments at city appearance and environmental sanitation departments, and provide the following materials:

    (A) the disposal unit photocopy disposal license copy;

    (B) the disposal unit products meet quality standards or for treatment of supporting documents;

    (C) dispose of units of local Government of city appearance and environmental sanitation Department receives proof of disposal.

    The fourth chapter disposal

    19th kitchen waste should be disposed of by the licensed businesses.

    Kitchen waste management disposal services, shall be subject to approval of the provincial housing and urban-rural development department, obtained a permit and meet the following conditions:

    (A) the applicant is a legally registered entity, daily disposal capacity of less than 100 tonnes with a registered capital of no less than 5 million Yuan, daily disposal capacity of greater than 100 tonnes, the registered capital of no less than 50 million Yuan;

    (B) the site conform to the urban and rural planning, and obtain the appropriate planning permission 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;

    (V) produced in the process of with a viable food waste disposal of waste water, waste gas, waste treatment technology and standards programme;

    (Vi) other conditions stipulated by laws and regulations.

    Without permission, no unit or individual may engage in kitchen waste disposal activities. 20th district of city, County (City) Government appearance and sanitation authorities are in principle determined by bidding fair competition, such as kitchen waste management disposal services, and kitchen waste disposal service agreements signed with them.

    Kitchen waste disposal services agreement shall be expressly agreed upon term of operation, service standards, liability for breach of such content.

    21st prohibits the sale to food producers of kitchen waste or kitchen waste recycling of processed food products.

    Prohibition of using harmless disposal of kitchen waste feeding livestock and poultry.

    Article 22nd of kitchen waste management disposal services of the Enterprise shall comply with the following provisions:

    (A) the establishment of food waste disposal machine account system;

    (B) the disposal of kitchen waste production, collection, transportation and implementing single system;

    (C) according to the required time and the requirement to receive food waste;

    (D) according to relevant regulations and technical standards, and disposal of food waste;
(E) disposal of waste water, waste gas, and waste residue generated in the process meets environmental standards to prevent the secondary pollution;

    (Vi) the use of microorganism processing method of disposal of kitchen waste, shall conform to the relevant regulations of the State and take the appropriate safety control measures;

    (G) upon request kitchen waste disposal facilities, equipment, and ensure its operation well;

    (H) food waste disposal site (factory) setting of kitchen waste storage facilities, and comply with environmental standards;

    (I) according to the requirements for environmental effects monitoring, food waste disposal facilities, equipment testing, evaluation of the performance and environmental indicators, and city appearance and environmental sanitation to the local people's Government departments and the environmental protection departments test and evaluate the results of the report;

    (10) production of products shall comply with the relevant quality standards.

    Supervision and administration of the fifth chapter

    23rd provincial housing and urban-rural development department as well as the District of the city and County (City) Government competent Department shall establish and improve the supervision and management of city appearance and environmental sanitation system of generating units and kitchen waste collection, transportation and treatment of corporate conduct supervision and inspection of the implementation of this approach.

    24th article development and reform sector should active advance meal kitchen waste resources of using and harmless of processing, with financial, and housing and urban and rural construction, sector developed related policy, established incentive mechanism, support meal kitchen waste resources of using and harmless of processing project construction, support related enterprise development, improve meal kitchen waste resources of using and harmless of processing level, promote meal kitchen waste resources of using and harmless of processing industry development.

    The agricultural sector is responsible for the supervision and management of livestock and links inputs, to investigate and punish using kitchen waste feeding livestock and poultry that are not harmless treatment of violations.

    Supervision and administration of quality and technology supervision departments are responsible for food production, to investigate and punish the use of kitchen waste oil production of food processing violations.

    Industrial and commercial administrative departments are responsible for food circulation supervision and management, should strengthen supervision of the circulation management of edible oil, to investigate and punish management and utilization of food waste for processing edible oils and other foods.

    Food and drug supervision Department is responsible for the supervision and administration of food and beverage services, supervise food service unit establish and enforce food raw material procurement identification and cable card ticket system to investigate and punish the illegal purchase, using kitchen waste and processing of edible oil.

    Environmental Protection Department is responsible for the kitchen waste, disposal unit and approval of environmental impact assessment and environmental protection completed "three simultaneous" acceptance, shall supervise the operation and sewage pollution prevention facilities responsible for supervision and control over food production and operation of pollution control facilities, investigating environmental violations such as excessive grease wastewater emissions according to law.

    Business Management Department is responsible for the food and beverage industry industry, leading food and beverage companies establish and complete kitchen waste management system, supervise food service unit to the collection of kitchen waste and transport enterprises.

    Public security departments should investigate the use of kitchen waste, processing, edible oil, and knowingly using kitchen waste production and processing of oils and fats act as edible oil sales.

    25th no unit and individual shall have the right to impeach the acts in violation of these measures. City appearance and environmental sanitation departments and other departments responsible for the supervision and management of kitchen waste shall establish a complaints system, receive public kitchen waste generation, collection, transport, disposal of complaints and reports of illegal activities and confidentiality for complainants or informants.

    Upon receiving complaints or reports, relevant departments should promptly to inspect the handle, and handle complaints or reported after 15 business days to process the results will inform the complainant or informant.

    Article 26th city divided into districts, counties (cities) in the people's Government of city appearance and environmental sanitation Department and other relevant departments when conducting supervision and inspection, can read and copy the relevant files and data requirements are checked for units and individuals checking on related issues instructions and access to the site.

    Relevant units and individuals shall support supervision and provide convenience for work.

    27th kitchen waste collection, transportation and disposal of successful enterprises by the city divided into districts, counties (cities) the competent Department of the people's Government of city appearance and environmental sanitation in the kitchen waste collection, transportation and disposal of business directory, and announced to the public, subject to public supervision.

    28th district of city, County (City) Government appearance and sanitation departments for kitchen equipment operation of waste disposal facilities and treatment effect evaluation on an annual, open evaluation results.

    29th provincial housing and urban-rural development department as well as the District of the city and County (City), the people's Government of city appearance and environmental sanitation departments shall establish a kitchen waste collection, transportation and disposal of enterprise credit system, using the Internet platform behavior documented in a timely manner, and announced to the public, its records of enterprises as an important reference. Article 30th kitchen waste collection, transportation and disposal of expiry of the agreement, need to continue to engage in kitchen waste collection, transportation and disposal activities, to the local people's Government shall, before the expiry of 30th appearance and sanitation authorities apply for continuation of procedures.

    Approve the extension, the local people's Government of city appearance and environmental sanitation Department and kitchen waste collection, transportation and disposal of companies entered into a management agreement. 31st kitchen waste collection, transportation and disposal of enterprises are not allowed to go out of business or out of business.

    Really necessary to go out of business or out of business, should apply 6 months in advance, city appearance and environmental sanitation departments responded to within 45 days of receipt of the application, in front of a disarmament agreement, the enterprise must ensure that normal service.

    Article 32nd city divided into districts, counties (cities), the people's Government of city appearance and environmental sanitation departments shall, jointly with relevant departments of kitchen waste collection, transportation and disposal of emergency plans, establishing emergency treatment system for kitchen waste, ensure normal emergency or special circumstances of kitchen waste collection, transportation and disposal.

    Kitchen waste collection, transportation and disposal Enterprise kitchen waste pollution emergencies should be established to prevent emergency response programme, and reported to the city divided into districts, counties (cities), the people's Government of city appearance and environmental sanitation departments.

    The sixth chapter legal liability

    Article 33rd provincial housing and urban-rural development department as well as the District of the city and County (City) Government city appearance and environmental sanitation departments and their staff, one of the following acts, shall be ordered by the competent authorities or by the correction of its charge and persons directly responsible shall be disciplined constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) in violation of regulations, procedures, issue of kitchen waste collection, transportation and disposal permit;

    (B) is not in accordance with the regulations determined by tendering kitchen waste collection, transportation and disposal of enterprises;

    (C) violation is found or received illegal reports have not been investigated;

    (D) other acts of abuse of power, negligence, malpractice.

    Article 34th citizens, legal persons or other organizations without permission, without authorization for kitchen waste collection, transportation, disposal, composed of city appearance and environmental sanitation Department, administration for industry and commerce, public security organs shall be banned, and collection of illegal transport, facilities and equipment constitutes a crime, criminal responsibility shall be investigated according to law.

    35th article meal kitchen waste produced units will meal kitchen waste unauthorized handed with signed agreement yiwai of other enterprise or personal of, by city and sanitation competent sector ordered corrected, and into enterprise integrity records, can at 2000 Yuan above 10,000 yuan following fine; plot serious of, by food drug regulatory, has supervision management duties of sector law ordered discontinued closed reorganization, until revoked related card as.

    Article 36th using waste edible oil food and beverage units, as well as to food producers selling food waste or recycling of kitchen waste processing unit and individual food products, composed of city appearance and environmental sanitation, administration for industry and commerce, food and drug administration and other departments responsible for the supervision and administration of the law shall be ordered to desist from the illegal act, production or business for rectifications, until the revocation certificate. 37th article engaged in meal kitchen waste collection and transport enterprise violation this approach 17th article, and engaged in meal kitchen waste business sex disposal service enterprise violation this approach 22nd article provides case one of of, by city and sanitation competent sector ordered deadline corrected, late not corrected of, at 10,000 yuan above 30,000 yuan following fine; plot serious of, lifted with signed of related agreement, and in 3 years within no longer with signed related agreement, and business administration, and

    Environmental protection departments responsible for the supervision and administration of the revoked license.

    38th article violates these rules, other acts should be punished, by the quality and technical supervision, industry and commerce administration, agriculture, the food and drug administration and other departments in accordance with the relevant laws, rules and regulations will be punished.

    39th article violates these rules, interfere with or obstruct the city appearance and environmental sanitation departments and other departments responsible for the supervision and management of kitchen waste properly discharge the responsibilities of supervision and administration, public security organs in accordance with the People's Republic of China Public Security Administration Punishment Act be dealt with.

    The seventh chapter by-laws 40th article this way come into force February 1, 2013.