Qingdao Food Waste Management

Original Language Title: 青岛市餐厨废弃物管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379327.shtml

Qingdao food waste management

    (August 8, 2012 Executive meeting of the people's Government of Qingdao 15 5th August 28, 2012, people's Government of Qingdao City, No. 220 published come into force October 1, 2012) first in order to strengthen the city's kitchen waste management, maintain the city clean and tidy environment to ensure food safety, according to the relevant laws and regulations, based on actual city, these measures are formulated.

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

Article of food waste in these measures refers to enterprises engaged in catering activities and organs, the armed forces, schools, enterprises and collective canteens in the food processing, food services, meals and other activities to produce food residues, food processing wastes and waste edible oils.

    Waste edible fats and oils are no longer edible vegetable oils, oil-water mixture and oil/water separators, grease and other oil separation treatment. Fourth municipal environmental health Administrative Department is responsible for the city's kitchen waste management.

City kitchen waste management agencies specifically responsible for the day-to-day management of kitchen waste.

The district (City) environmental health Administrative Department in accordance with the provisions of the duty, in charge of the kitchen waste management work within the administrative area.

Subdistrict offices, and kitchen waste within the town government is responsible for the administrative management of the coordination, supervision and inspection, and asked related departments to fulfill obligations of kitchen waste collection, transportation and disposal.

    Food and drug regulation, environmental protection, law enforcement, health, industry and commerce, public security, Commerce, quality supervision departments shall, in accordance with their respective responsibilities, to do the kitchen waste management related work.

Article fifth governance following the reduction of food waste, resource, the principle of harmlessness.

    Unified collection, centralized disposal of kitchen waste.

Sixth city, city governments should do a site layout planning of kitchen waste disposal units, increase the input of kitchen waste management funds.

    Kitchen waste (including individual businesses, the same below) shall perform kitchen waste disposal in accordance with the provisions of the relevant obligations.

Article seventh units engaged in collection, transportation, disposal kitchen waste, should apply to the municipal environmental protection administrative department obtained the franchise.

Request kitchen waste collection franchise units should meet the following conditions:

(A) have legal personality, with registered capital of no less than RMB 3 million Yuan;

(B) the enterprise management system, organize, structure reasonable, with sound technology, quality, safety monitoring and management system;

(C) it is necessary to ensure the kitchen waste collection transportation management, driving, dispatch, maintenance personnel, and titles in engineering and management staff of not less than 5 persons;

(D) have a fixed office space, staff rest area;

(E) special transport vehicles with kitchen waste, transport of vehicles has closed automatically unloads and deodorize proliferation, anti-littering, leachate drip-proof features, installation and handling the recorder, and the gross vehicle weight of not less than 20 tons; and to adapt to the size of the vehicle parking and repair sites, equipment and storage of spare parts;

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

Apply for franchise food waste disposal units, shall comply with the following conditions:

(A) have legal personality, with registered capital of no less than 50 million Yuan;

(B) the enterprise management system, organize, structure reasonable, with perfect technology, facilities management, environmental monitoring and protection, financial management, production security, statistics and management system;

(C) Technical Manager with at least 5 years engaged in waste disposal or high concentrations of organic compounds processing technology and management experience, and have senior professional titles;

(D) title of the engineering technical and economic management of not less than 10 people;

(E) the kitchen waste treatment project with the mature and reliable technology solutions, technology, process comply with the relevant national standards adopted;

(F) environmental impact assessment approval;

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

Eighth kitchen waste unit and units with kitchen waste collection franchises signed a collection agreement, approval for environmental impact assessment, food service license, permit, should take the initiative to show agreement.

The kitchen waste collection and transportation units monthly transportation shall be charged agreement submitted to the municipal kitchen wastes management agency registration; kitchen waste collection units in the city collection agreement should be monthly report registered by the Administrative Department of environmental health.

    Before the implementation of these measures has made a license unit of kitchen waste, shall from the date of implementation of this approach in the 30th, and units with kitchen waste collection franchises signed a collection agreement.

Nineth kitchen waste collection and transportation units should be free to set the appropriate amount, in line with standard kitchen waste special collection containers.

    Kitchen waste kitchen waste classification should be put on the collection containers should be kept sealed and in good condition, clean and tidy, and protect against mosquitoes, flies, mice, and so on.

Article tenth of kitchen waste collection units shall in accordance with the signed with the kitchen waste collection agreements, perform collection duties, and to abide by the following provisions:

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

(B) food waste will be collected to a designated disposal sites; 

    (C) for vehicles of the collection of kitchen waste shall remain sealed and in good condition, clean and (iv) establish the kitchen waste collection and transportation account, monthly to the city's kitchen waste management agencies, municipal environmental health authorities submit.

11th kitchen waste disposal units shall comply with the following provisions: (a) in accordance with relevant State regulations and technical standards for the disposal of kitchen waste;

(B) in accordance with regulations produced during disposal of sewage, waste gas and waste residue, dust and so on, to prevent secondary pollution;

(C) receive pursuant to the provisions of food waste;

(D) to ensure that food waste disposal facilities, the normal operation of the equipment;

(E) establish the kitchen waste disposal account, monthly to the city's kitchen waste management agencies, municipal environmental health authorities submitted to the disposal of kitchen waste source, type, quantity, destination, purpose, and so on;

    (F) establishment of security bodies and full-time security personnel, improve and implement the safety management system, supporting security infrastructure. 12th kitchen waste collection, transportation, disposal unit are not allowed to go out of business, business.

Kitchen waste collection, transportation, disposal of units is absolutely necessary to go out of business or out of business should be 6 months in advance to the City Department of environmental health administration report, approved before they can go out of business or out of business.

    Kitchen waste disposal facilities, the equipment needs maintenance, should report to the Administrative Department for environmental health in advance; because of an industrial accident to stop disposal of part or all, it shall report to the Administrative Department for environmental health.

13th kitchen waste garbage disposal fee shall be paid in accordance with the provisions. Kitchen waste separately collected waste edible oil produced, amount in payment of life garbage disposal fee can be reduced.

    Administrative departments of health, environment, specific measures for the prices, the financial sector separately.

14th prohibits the following acts:

(A) without a franchise in the kitchen waste collection and disposal;

(B) provide the kitchen waste to units or individuals outside of the agreement;

(C) the kitchen waste mixed with other waste collection and transportation;

(D) free to dump, ejection and stacking kitchen wastes;

(E) directly to the sewer discharge food wastes;

(Vi) using waste edible oil refined for edible oils;

(VII) without sound processing kitchen waste as animal feed;

    (VIII) or kitchen waste processing products as food raw materials used or sold as food.

    15th of municipal, district (City) environmental health Administrative Department should work with the same level of industry and commerce, food and drug administration, and environmental protection departments to establish mechanisms for information sharing, statistical analysis of kitchen waste unit signed a contract with kitchen waste collection and transportation units.

16th sanitation, law enforcement departments should be writing checks, field sampling, on-site approved way, kitchen waste collection, transportation, disposal, supervise and inspect the unit's performance. Kitchen waste collection units found kitchen waste kitchen provided by waste type, number and Protocol are different, shall timely inform the city's kitchen waste management agencies, municipal environmental health Administrative Department.

    City kitchen waste management agencies, municipal environmental health administrative departments shall carry out checks to verify 3rd after the receipt of the report. 17th of municipal environmental health administrative departments shall establish a food waste collection and transportation, disposal unit assessment assessment mechanism, and supervising kitchen waste collection, transportation, disposal unit to implement this approach.

    Problems found in the assessment, environmental health Administrative Department should a rectification; fails if the circumstances are serious, can legally cancel the franchise. 18th environmental health, law enforcement, environmental protection, food and drug administration, public security departments shall establish enforcement mechanism. Departments in regulatory violations found by other departments investigated and dealt with according to law, should be evidence in a timely manner to transfer jurisdiction over the Department.

    Department responsible for investigating processing result feedback should be transferred to the Department. Article 19th sanitation, law enforcement departments should set up complaints and telephone hotlines receiving unit and individual complaints and reports of violations of these rules.

    Agency should be in 7th after receiving complaints and reports, to investigate complaints and reports, and will inform the complainant or informant. 

20th environmental health administrative departments shall prepare a food waste collection and transportation and disposal of emergency plans, establishing emergency mechanism for collection and disposal.

Kitchen waste collection, transportation, disposal unit should be under the emergency provisions, preparation of emergency response plan for the kitchen waste, and report environmental health administrative departments.
Occur unexpected events beyond normal collection, transportation, disposal kitchen waste, environmental health Administrative Department should immediately activate emergency response plans, organizational unit collection, transportation, disposal kitchen waste in a timely manner.

    21st kitchen waste in violation of the rules of any of the following acts, the Department of environmental health administration a rectification; fails, be punished in accordance with the following provisions:

(A) in violation of paragraph II of this article Nineth, kitchen waste delivery, not elsewhere classified, not keep the container sealed and in good condition, clean, fines of less than 500 Yuan and 3000 Yuan;

    (B) in contravention of this article 14th (b) provided, kitchen waste provided to units or individuals outside the Protocol, between 5000 and 1000 Yuan Yuan fines; the circumstances are serious, fined not more than 5000 Yuan and more than 30000.

22nd kitchen waste collection and transportation in violation of these rules, any of the following acts, the Department of environmental health administration a rectification; fails, between 10000 and 5000 Yuan the following fines:

(A) in violation of this article eighth paragraph, kitchen waste collection and transportation agreement was not submitted to the register;

(B) violation of the first paragraph of this article Nineth, does not set the appropriate number of special collection containers that match the criteria;

(C) in violation of this article tenth paragraph (d) provides that failing to submit the kitchen waste collection and transportation account;

    (Iv) in violation of this article 14th (c) provides that kitchen waste mixed with other waste collection and transportation.

    23rd violates the first paragraph of this article 12th, kitchen waste collection, transportation, disposal of unauthorized business out of business, the Department of environmental health administration a rectification; fails, fined not more than 10000 Yuan and more than 30000.

    24th disobey 13th article, kitchen waste does not pay a fee for solid waste treatment in accordance with regulations, the Department of environmental health administration ordered to pay late is still not paid, domestic waste treatment fees payable three times times and not more than 30000 Yuan fine.

    25th article violates this article 14th (a) provided, without a franchise in the kitchen waste collection, transportation, disposal, the Department of environmental health administration a rectification; fails, 30000 Yuan in fines.

    26th article violates this article 14th paragraph (vi), (VII), (VIII) the provision, by the food and drug administration, industry and commerce, quality supervision, veterinary departments will be punished according to law.

    27th article of the rules of administrative punishment in accordance with the relevant provisions of relatively centralized administrative punishment right in urban management, which should be implemented by the city law enforcement department, in accordance with its provisions.

    28th article violates these rules, laws, rules and regulations on administrative penalties, from its provisions for damage caused, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

29th environmental sanitation, urban management, environmental protection, food and drug administration, Commerce, and other relevant departments and their staff, one of the following acts, shall be ordered by the competent authorities or by the correction, the persons in charge and the persons directly responsible shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) violation of their terms of reference and procedures for the award of kitchen waste collection, transportation, disposal, franchise;

(B) approval for environmental impact assessment, food service license, permit, and failing to verify the kitchen waste collection agreements;

(C) failing to perform their duties of supervision and administration;

(D) for the sector concerned cases of illegal transfer of failing to investigate and punish according to law;

(E) to receive complaints and reports are not timely and lawful investigation and handling of violations committed;

    (F) other acts of abuse of power, negligence, malpractice. 30th article this way come into force October 1, 2012.