Administrative Measures For Kitchen Wastes In Jiangsu Province

Original Language Title: 江苏省餐厨废弃物管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351780.shtml

Administrative measures for kitchen wastes in Jiangsu Province

    (March 19, 2011 the 63rd Executive meeting of the people's Government of Jiangsu Province considered by people's Government of Jiangsu Province, March 30, 2011 the 70th release as of June 1, 2011) Chapter I General provisions

    First in order to strengthen the management of kitchen waste, ensuring food safety, to promote resource recycling, maintenance of sanitation and urban and rural areas, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second of kitchen 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.

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

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

    Promoting the integration of collection, transportation and disposal of kitchen waste operations.

Article fifth provincial housing and urban-rural construction departments are responsible for supervision and management of food wastes in the province.

City, County (city, district) people's Government departments in charge of sanitation supervision and management of food waste within their respective administrative areas.

    Local people's Governments at or above the county level development and reform, public security, environmental protection, agriculture, business, health, industry and commerce, quality supervision, price, food and drug administration and other departments concerned in accordance with their respective responsibilities, supervision and management of food waste. Sixth local people's Governments at or above the county level shall be in accordance with national economic and social development plan, secure kitchen waste governance capital investment.

    Take measures, encourage the adoption of clean vegetables listed, to improve food processing techniques, meals or any other means to reduce kitchen waste; by means of economic, technological, and kitchen waste recycling and treatment.

    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.

    Eighth restaurant industry associations should play a self-discipline, participate in the development of relevant standards, regulate the industry; extension methods to reduce kitchen waste, kitchen waste management into the scope of grading restaurants.

    Nineth no units and individuals have the right to violate the provisions of kitchen waste management reports and complaints.

    Chapter II planning and construction

Tenth of municipal or County (City) departments of people's Governments in charge of sanitation shall, jointly with relevant departments, according to the national economic and social development planning, urban planning, preparation of environmental planning.

Environmental sanitation planning should include contents of kitchen waste management, integrated kitchen waste collection, transportation, disposal facilities layout, and scale.

    Conditional areas, you can follow the model of regional planning, regional planning and construction of kitchen waste disposal facilities.

    11th 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.

12th kitchen waste collection and disposal facilities shall comply with environmental planning. Kitchen waste disposal facility of more than 100 tonnes/day of construction project approved by the provincial people's Government investment authorities, or.

Provincial departments in examination and approval of investment projects, should seek the views of provincial departments of housing and urban-rural construction. Inter-administrative services range of kitchen waste disposal facility construction project, approved by the higher people's Government investment authorities, or.

    Higher people's Government departments in examination and approval of investment projects, shall solicit the views of the people's Government at the Department of sanitation.

    13th kitchen waste collection, disposal facilities, engineering survey, design, construction and supervision of the construction, should strictly enforce the relevant laws and regulations and technical standards. Article 14th after completion of the kitchen waste collection, disposal facilities, the construction unit shall shall organize a final acceptance to the local construction authority completion record and submit construction project archives and known to the local people's Governments in charge of sanitation Department.

Unqualified acceptance or acceptance shall not be delivered. To run kitchen waste disposal facilities have been completed, by the provincial departments of housing and urban-rural construction departments concerned harmless grading standards.

    Sound rating carried out by provincial departments of housing and urban-rural construction.

    Chapter III Declaration, kitchen waste collection and transportation

    15th article classification, and professional kitchen waste collected and transported.

    16th kitchen waste unit signed an agreement with kitchen waste collection, transportation services, and the local people's Government departments of sanitation; in sectors such as environmental protection, food and Drug Administration to handle the registration or license applications, should take the initiative to show agreement.

Article 17th of kitchen waste unit shall report regularly to the local people's Governments in charge of sanitation sector each year next year of kitchen waste.

New kitchen waste kitchen waste should be produced for the first time within 10th of local people's Governments in charge of sanitation Department declare their kitchen waste.

When handling the food waste impact statement, kitchen waste shall submit its agreement with kitchen waste collection and transport service enterprise copy of.

    Kitchen waste unit establishments changes or when large changes in the amount of kitchen waste, you should promptly report to the local people's Government at the Department of sanitation.

18th kitchen waste unit shall comply with the following provisions:

(A) complying with standard kitchen waste collection containers;

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

(C) ensure the kitchen waste collection containers, pollution control facilities intact, sealed and clean, and keep the environment clean and tidy;

(D) within 24 hours after the kitchen waste kitchen waste to the signed agreements of kitchen waste collection, transportation services;

    (E) the kitchen waste must not be discharged into the water pipes, sewers, rivers, lakes, reservoirs, canals and public toilets. 19th city and County (City) Government the Department of sanitation through the tender competition manner of kitchen waste collection, transport services licensing decision, awarded to successful enterprises kitchen waste collection and transport service licenses and successful company kitchen waste collection, transport operating agreement.

Kitchen waste collection, transport and management agreements shall expressly agreed upon term of operation, service standards, breach of contract, such as content, and as an attachment to kitchen waste collection and transport service license.

    Cannot get the kitchen waste collection, transport services licensing unit shall not engage in kitchen waste management collection, transportation activities.

20th for kitchen waste management collection, transportation services, subject to the following conditions:

(A) have the status of enterprise legal persons with a registered capital of not 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 21st kitchen waste collection, transport service enterprises shall comply with the following requirements: (A) according to environmental standards and norms, within the time stated in the kitchen waste collection, transportation in a timely manner.

Kitchen waste every day to clean kitchen waste shall not be less than one;

(B) collect kitchen waste into conformity with the provisions of the food waste disposal sites;

(C) used for kitchen waste collection, transport vehicles, should be closed automatic unloading vehicles, ensure the sealed and in good condition and clean and spray provides identification of the mark;

(D) the kitchen waste generation, collection, transportation and disposal of a single Union system;

(E) establish the kitchen waste collection and transportation account system, collect, transport accounts should be submitted to the local people's Governments in charge of sanitation Department once a month;

    (Vi) without the approval of the local people's Governments in charge of sanitation, not allowed to go out of business, and business.

22nd article outside the administrative area of kitchen waste will be transported to disposal, kitchen waste collection, transport enterprises shall be reported to the local people's Governments of the departments of sanitation, and provide the following materials:

(A) the disposal unit photocopy disposal license file copy;

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

(C) the disposal unit of local government authorities agreed to receive proof of disposal of sanitation.

    Does not provide material and have not been recorded in the preceding paragraph may not be outside the administrative area of kitchen waste destined for disposal.

    The fourth chapter of kitchen waste disposal

Article 23rd centralized disposal of kitchen waste, no unit or individual is allowed to dispose of kitchen waste.

    Prohibits the use of kitchen waste as raw materials production and processing of food, prohibition of the use of harmless treatment of kitchen waste feeding livestock and poultry. Article 24th of kitchen waste disposal technology and equipment shall conform to the national and provincial technical standards relating to food waste disposal, to prevent environmental pollution.
Using new technology, new equipment, organized by the provincial Department of housing and urban-rural construction technique.

    25th of municipal or County (City) Government the Department of sanitation through the tender competition manner of kitchen waste disposal licensing decision, kitchen waste disposal licence awarded to successful enterprises, and operating agreement with the bid company kitchen waste disposal.

Kitchen waste disposal and management agreements shall expressly agreed upon term of operation, service standards, breach of contract, such as content, and as an attachment to kitchen waste disposal services license.

    Lack of kitchen waste disposal services authority of the permit and shall not engage in kitchen waste management disposal activities.

Article 26th 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, 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;

(E) with a viable food waste waste water, waste gas, waste treatment technology and standards programme;

    (Vi) other conditions stipulated by laws and regulations.

27th enterprises engaged in food waste disposal services shall comply with the following provisions:

(A) strictly in accordance with the relevant regulations and technical standards, and disposal of food waste;

(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, shall conform to the relevant regulations of the State and take the appropriate safety control measures;

(D) the production of products shall comply with the relevant quality standards;

(E) in accordance with the time and requirements for receiving food waste;

(F) in accordance with the requirements of kitchen waste disposal facilities, equipment, and ensure its operation well;

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

(H) in accordance with the requirements for environmental effects monitoring, for kitchen waste disposal facilities and environmental indicators to detect, evaluate, and to local people's Governments in charge of sanitation sector and environmental protection departments test and evaluate the results of the report;

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

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

    (11) without the approval of the local people's Governments in charge of sanitation, not allowed to go out of business, and business.

    Supervision and administration of the fifth chapter

    28th local people's Governments at all levels should establish edible oil and food and market management system and system, to prevent food waste as raw materials production and processing of products into the food production business segment.

    Article 29th departments should establish and improve the supervision and management of sanitation systems, establishment of kitchen waste, collection, transportation and treatment of common information platform, generating units and kitchen waste collection, transportation, disposal service companies conduct supervision and inspection of the implementation of this approach.

Article 30th development and reform authorities should intensify research to improve relevant policies and measures, promotion of kitchen waste recycling and harmless treatment and actively support the development of enterprises.

Financial departments should strengthen the management of public utilities into the kitchen waste collection, transportation and harmless treatment and resource utilization of facilities running and funding the construction of supervision and management.

    Department shall make reasonable prices of municipal domestic waste treatment fees and related sewage charging policy and make the kitchen waste collection, transportation and disposal costs of monitoring.

31st agricultural departments should strengthen kitchen waste as raw material for processing into fertilizer products supervision and management, and to investigate and punish using harmless treatment of kitchen wastes feeds of animal behavior.

    Commercial administrative departments should strengthen the management of catering trade, urged the catering enterprises handed over kitchen waste make collection, transport and disposal permit enterprises to collect, transport and dispose of the same; guided food service enterprise credit management, and food waste processing and grading of enterprises linked to strengthen pig slaughtering inedible residues of animal fat produced in the process of supervision and management.

    32nd environmental protection departments should strengthen the kitchen waste generation, collection, transportation, storage, disposal and other related activities in the environmental pollution control work, the unified supervision and management.

Article 33rd health authorities should strengthen food safety coordination, enhancing the safety of edible oil risk monitoring, improve the detection method. Food and drug supervision departments should strengthen supervision and management of catering enterprises.

    Supervision of catering services firms to establish and implement oil procurement identification and cable card ticket system to investigate and punish the illegal purchase and use of kitchen food waste as raw oil.

34th of quality and technical supervision departments should strengthen the enterprise with kitchen waste as raw product quality, standards of supervision and administration; to investigate and punish food production, processing units with the use of kitchen waste oils make food processing violations.

Industrial and commercial administrative departments should strengthen supervision of the circulation management of edible oil, to investigate and punish management actions do not meet the national food safety standards for edible oil.

    The public security organ shall strengthen the collection of kitchen waste transport vehicles for road traffic safety management, to investigate and punish undocumented unlicensed collection, transport, disposal kitchen waste and production management and utilization of food processing of waste oils harmful to the environment and personal health of criminal acts.

35th city appearance and environmental sanitation Department and other relevant departments 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.

    Relevant units and individuals shall control and inspection and provide support to facilitate, without prejudice to and obstructing supervision and inspection personnel performing official business according to law.

Article 36th kitchen waste collection, transportation and disposal of successful enterprise by the municipal or County (City) Government the Department of sanitation in the kitchen waste collection, transportation and disposal of business directory, and announced to the public.

    City, County (City) Government the Department of sanitation measurement shall be entrusted with accreditation bodies regularly on the food waste disposal site (factory) the quantity and quality of food waste disposal and environmental impact monitoring. 37th kitchen waste collection, transportation and disposal services license has expired, the continuing need for kitchen waste collection, transport and disposal activities, to the local people's Government shall, on the expiry of 30th departments apply for continuation of sanitation procedures.

    Approve the extension, the local people's Government departments of sanitation and kitchen waste collection, transportation and disposal services companies entered into a management agreement.

Article 38th of kitchen waste collection, transportation and disposal services enterprise is absolutely necessary to go out of business or out of business should be 6 months in advance to the city and County (City) people's Governments in charge of sanitation Department report, approved before they can go out of business or out of business.

    City, County (City) Government the Department of sanitation in the kitchen waste collection, transportation and disposal services before going out of business or out of business to promote protection of kitchen waste collection, transport and disposal measures.

39th of municipal or County (City) Government Department shall, jointly with relevant departments of sanitation kitchen waste collection, transportation and disposal of emergency plans, set up 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 services of kitchen waste pollution emergencies should be established to prevent emergency response programme, and reported to the city and County (City) Government departments of sanitation.

    The sixth chapter legal liability

    40th acts in violation of these rules, laws and regulations have legal liability provisions from its provisions.

41st kitchen waste unit has one of the following acts, local people's Governments at or above the county level the Department of sanitation a rectification, and fined a maximum of 5000 Yuan and more than 30000:

(A) not using a standards-compliant containers for kitchen waste collected;

(B) failure to store kitchen waste and non-food waste;

(C) the kitchen wastes discharged into the storm sewer and sewage drainage pipes and latrines;

(D) the kitchen waste to the does not comply with the rules of unit or individual collection, transport, disposal.

    Kitchen waste kitchen waste discharged into rivers, lakes, reservoirs, canals, and local people's Governments at or above the county level city appearance and environmental sanitation Department or other relevant departments investigate and punish.

    42nd kitchen waste unit have not been to the local administrative Department of the people's Government of city appearance and environmental sanitation for the record kitchen waste collection agreements, local people's Governments at or above the county level city appearance and environmental sanitation Department be ordered to record who refuses to record can be fined a maximum of 10000 Yuan more than 30000.

    Article 43rd using harmless treatment of food waste to feed livestock, local people's Governments at or above the county level agricultural authorities shall order to stop the illegal practice in serious cases, the unit shall be fined a maximum of 10000 Yuan and more than 30000; individual penalty of between 200 Yuan more than 1000 Yuan.

44th without permission of kitchen waste management-collection, transport activities, local people's Governments at or above the county level city appearance and environmental sanitation Department be ordered to desist from the illegal act, confiscate the illegal income, the unit shall be fined a maximum of 10000 Yuan and more than 30000; individual penalty of between 200 Yuan more than 1000 Yuan.
Disposal activities of kitchen waste without a permit, local people's Governments at or above the county level city appearance and environmental sanitation Department be ordered to desist from the illegal act, confiscate the illegal income, the unit shall be fined a maximum of 10000 Yuan and more than 30000; individual penalty of between 200 Yuan more than 1000 Yuan.

    Article 45th enterprises engaged in kitchen waste collection and transport service, free during transport dump, impurity, discarded kitchen waste, and local people's Governments at or above the county level city appearance and environmental sanitation departments ordered to clear, and fined a maximum of between 10000 and 5000 Yuan.

Article 46th kitchen waste collection, transport services business in violation of the article 21st (a) to (e) circumstances, local people's Governments at or above the county level city appearance and environmental sanitation Department be ordered to rectify, and fined a maximum of between 10000 and 5000 Yuan.

    Enterprises engaged in kitchen waste disposal services in violation of this article 27th (a) to (j) circumstances, local people's Governments at or above the county level the Department of sanitation rectification and fined a maximum of 10000 Yuan and more than 20000; losses caused shall bear liability.

    47th for kitchen waste collection, transportation and treatment of service businesses, unauthorized suspension of operation or closure, local people's Governments at or above the county level city appearance and environmental sanitation Department be ordered to rectify, and fined a maximum of more than 20000 30000; losses caused shall bear liability.

48th local people's Governments above the county level city appearance and environmental sanitation Department and other relevant 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 given administrative sanctions constitutes a crime, the judicial organs shall investigate the criminal liability:

(A) violation of the terms of reference and procedures set and kitchen waste collection, transportation and disposal services to issue licenses;

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

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

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

    The seventh chapter by-laws 49th article of the rules take effect on June 1, 2011.