Administrative Measures For Kitchen Waste Oil Treatment In Shanghai

Original Language Title: 上海市餐厨废弃油脂处理管理办法

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Administrative measures for kitchen waste oil treatment in Shanghai

    (December 17, 2012 the 159th meeting of Shanghai Municipal review through December 26, 2012, the Shanghai Municipal People's Government, the 97th released as of March 1, 2013) article (purpose and basis)

    In order to strengthen the city's kitchen waste oil management, ensure food safety, promotion of resource recycling, according to the People's Republic of China Food Safety Act, the management of city appearance and environmental sanitation regulations, and the Shanghai implementation of People's Republic of China food safety measures on law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

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

    Article III (definition)

    Kitchen waste oils in these measures refers to besides the residents ' daily life in the catering service (including feeding, collectively the "catering service"), food production and processing and food business activities such as sales of waste edible oil and edible animal fat-containing wastewater.

    The fourth section (management) Municipal greening the city Administrative Department is responsible for the city's kitchen waste oil collection and treatment administration.

    The district (County) greening the city administration in accordance with the mandate, responsible regional kitchen waste oil collection and treatment administration.

    The municipal food and drug supervision, quality supervision, industry and commerce administration of entry-exit inspection and quarantine departments in accordance with the Division of responsibilities, responsible for the supervision of kitchen waste oil units.

    The city's development and reform, business, environmental protection, water supply and public security Administrative Department in accordance with their respective responsibilities, coordinate the implementation of these measures.

    Comprehensive food safety coordinating body responsible for the city's kitchen waste oil processing management of cross-sector coordination.

    The fifth section (main responsibility)

    This city engaged in catering service, and food production processing and food now business now sale, activities, produced meal kitchen abandoned oil of business units (containing individual industrial and commercial households, following collectively "produced units") and engaged in meal kitchen abandoned oil received shipped and disposal activities of units is meal kitchen abandoned oil processing of responsibility subject, should strictly implementation national and this city about legal, and regulations, and regulations and food security standard, established sound related management system, found problem immediately processing and to related administration sector report.

    The sixth section (source reduction, resource utilization, and integration)

    This, encouraged by improving process, guide the public to science diet consumption, reduce kitchen waste oil quantity.

    The city imposed on kitchen waste oil industry-driven resource utilization.

    The city promoting the introduction of kitchen waste oil collection and treatment of integration management mode.

    Seventh (collection and transportation units to determine)

    The district (County) greening the city administration should be based on areas of kitchen waste oil in production, by way of bidding to determine the units engaged in the area of kitchen waste oil collection and transportation, and to the public.

    In accordance with the provisions of the preceding paragraph within the unit is unable to meet areas of kitchen waste oils collection needs, district (County) greening the city administration should be increased in accordance with the procedure provided for in the preceding paragraph.

    Units can be set up in accordance with conditions specified in paragraph II of this article eighth collection of kitchen waste oil companies under this unit, and agreed by the municipal greening the city administration.

    Experience in the area of kitchen waste oil collection and transportation activities and collection the in-house kitchen waste oil enterprise (hereinafter "collection") shall comply with the relevant collection requirements of this regulation.

    Any entity or individual discretionally engages in kitchen waste oil collection and transportation activities.

    Eighth (collection and Transportation Unit programme of bidding and tendering requirements)

    The district (County) greening the city administration departments shall organize the preparation of collection and transportation units bidding plan, clear collection unit of quantity and condition, service areas, matters such as length of service, and report, greening the City Administration approval before implementation.

    Collection and transportation units should meet the following requirements:

    (A) have the status of enterprise legal persons, registered capital shall not be less than 5 million Yuan.

    (B) adapt with kitchen waste oil collection capacity and access to road transport vehicle operator's own van freight vehicles and container vehicles and collecting electronic monitoring equipment.

    (C) adapt with kitchen waste oil collection capacity storage, primary processing establishments as well as parking sites; places of storage, primary processing location and pollution prevention and treatment facilities in line with relevant provisions of national and municipal environmental protection administration, and install electronic monitoring devices.

    (D) comply with the municipal greening the city administration information management system.

    (E) have a sound management system.

    The district (County) greening the city Administrative Department of tender, the tender conditions can set more stringent than the requirements of the preceding paragraph. The district (County) greening the city administration should be signed with the successful collection and transportation unit kitchen waste oil collection service agreement (hereinafter "collection services agreement").

    Collection and transportation service agreement shall express collection service scope, duration of service, service standards, collection of kitchen waste oil where exit mechanisms, liability and so on.

    Nineth (determination of the disposal unit)

    Municipal greening the city Administrative Department shall, in accordance with the city's kitchen waste oil disposal quantities, by way of bidding to determine the units engaged in the city's kitchen waste oil disposal (hereinafter "the disposer"), and to the public.

    Determined according to the provisions of the preceding paragraph the disposal unit is unable to meet the city's demand for kitchen waste oil disposal, municipal greening the city administration should be increased in accordance with the procedure provided for in the preceding paragraph the disposal unit.

    Any unit and individual is prohibited without permission of kitchen waste oil disposal activities.

    Tenth (disposal unit requirement)

    Disposal units should meet the following requirements:

    (A) have the status of enterprise legal persons, registered capital shall not be less than RMB 10 million Yuan.

    (B) meet the disposal requirements of the disposal facilities, measurement and materials testing equipment, industry development, after disposal of the product in accordance with the guidance requirements, disposal technologies, process comply with the relevant national standards adopted.

    (C) the location of disposal sites and pollution control facilities in line with national and relevant provisions of the municipal environmental protection administration, and install electronic monitoring devices.

    (D) more than 5 persons with professional titles.

    (E) comply with the municipal greening the city administration information management system.

    (Vi) have a sound management system.

    , Greening the city administration tender, the tender conditions can set more stringent than the requirements of the preceding paragraph. City greening the city administration should be signed with the successful disposal unit kitchen waste oil disposal services agreement (hereinafter the "disposal agreement").

    Disposal service agreements should explicitly dispose of units of service, length of service, service standards, after disposal of kitchen waste oil product and destination, exit mechanisms, liability and so on.

    11th (directional collection) Kitchen waste oil units shall be referred to the way article seventh collection collection, and collection and transportation contracts with the collection unit.

    Collection and transportation contracts shall specify collection time, frequency, quantity, and kitchen waste oil prices and so on. Kitchen cooking, catering, waste oil acquisition price shall, in accordance with the industry associations, food associations and city appearance and environmental sanitation Industry Association of kitchen waste oil acquisition price determine.

    Municipal greening the city administrative departments shall, in accordance with the principles in favour of kitchen waste oil collection, developed for kitchen waste oil acquisition price guidance.

    Kitchen waste oils must not be provided for collection and transportation of units specified in the first paragraph of this article for additional units or individuals, or allowing other unit or individual collection kitchen waste oil produced by this unit.

    12th (directional disposal) Collection kitchen waste oil should be sent to the first paragraph of this article Nineth determines the disposal unit disposed and disposal contract with the disposal unit.

    Disposal of kitchen waste oil contracts should be clearly communicated to the moisture indicator, kitchen waste oil disposal price for content, in which kitchen waste oil disposal prices shall be formulated in accordance with the municipal city appearance and environmental sanitation industry association kitchen waste oil disposal purchase price determined.

    13th (contract)

    Collection units shall collection 3rd on the date of signing the contract, collection contract collection services area (s) greening the city administration for the record.

    Disposal of units shall, from the date of disposal contracts within the 3rd, the disposal contract, greening the city administration for the record.

    14th (Declaration)

    Units should be in January of each year to the region (s) greening the city administration declared the year of kitchen waste oil type and quantity.

    15th (generating unit of the facility required) Units should set up specialized kitchen waste oil collection container.

    Among them, the food service units should also be in accordance with the municipality on promoting the plan in accordance with the requirements of oil-water separator.

    Oil-water separator's technical specifications, should conform to the State of the catering waste oil (CJ/T 295-2008) requirements.

    Food service unit is not installed in accordance with the requirements of the new oil-water separator, the food and drug supervision departments not be issued to food service permit, entry-exit inspection and quarantine departments will not be issuing health licenses, the Environmental Protection Department not to approve environmental impact assessment reports.

    16th (production unit of collection requirements)

    Production units shall keep kitchen waste oil collection container and oil-water separator in good condition and proper use.

    Kitchen waste oil should be collected separately, kitchen waste oils must not be mixed with food waste and other refuse or bare store.

    17th (collection)

    Generating units to the collection unit delivered at the kitchen waste oil should be on delivery of kitchen waste oil type and amount confirmation and collection units in the format prescribed by the municipal greening the city administration of kitchen waste oil collection service (hereinafter called "collection") signed and sealed.

    Collection single retention period shall be not less than two years.

    18th (collection and transportation requirements)

    Collection units shall in accordance with collection and transportation service agreements, collection of contract requirements, from the collection of kitchen waste oil on a regular basis.

    Collection, green, unit shall, in accordance with the requirements in the city administration, in the collection of kitchen waste oil outside of the vehicle showed that the unit name, logo and other information.

    When the collection of kitchen waste oil collection units, collection vehicles and collecting electronic monitoring devices of the container should be kept open and the district (County) greening the city administration information management system network in real time.

    Collection of units should be sealed against kitchen waste oil transport, no dropping leakage and scattered.

    19th (collection personnel requirements)

    Collection, transportation and personnel engaged in the kitchen when the waste oil collection operation, should be in accordance with the requirements of municipal city appearance and environmental sanitation industry association, wearing a work clothes, and wear an identity card.

    Collection personnel shall participate in the municipal city appearance and environmental sanitation industry association training and pass an assessment test.

    20th (places of storage, primary processing requirements)

    Vehicles of the collection of kitchen waste oil storage, primary processing establishments, transportation units should be collection of single records of kitchen waste oil types and quantities and actual collection of kitchen waste oil types and quantities checked.

    Storage, primary processing establishments to install electronic monitoring devices should be kept open throughout the day, and with the district (County) greening the city administration information management system network in real time.

    Storage and processing sites in early discharge of waste water, waste gas, and waste residue shall meet the relevant requirements of the State and the municipal administration of environmental protection.

    21st (handling single)

    Collection units sent to the disposal unit at the kitchen waste oil, should be sent to the restaurant confirmed the types and quantities of waste oil and disposal units in the format prescribed by the municipal greening the city administration on kitchen waste oil disposal services single signed and sealed.

    Kitchen waste oil disposal services single retention period shall be not less than two years.

    22nd (disposal requirements) Disposal unit shall, in accordance with the disposal requirements of the service agreement, to dispose of kitchen waste oil.

    After disposal of kitchen waste oil products shall comply with the appropriate standards.

    Disposal sites to install electronic monitoring devices should be kept open throughout the day, and greening and city appearance administrative departments of real-time network information management system.

    Disposal of kitchen waste oil disposal facilities, equipment should be maintained in good condition, regularly associated facilities, equipment and test and assessment of environmental indicators.

    Disposal site discharges of waste water, waste gas, and waste residue shall meet the relevant requirements of the State and the municipal administration of environmental protection.

    23rd (disposal ban requirements)

    Disposal unit shall be permitted without the disposal of kitchen waste oil or do not meet the quality standards of the product after disposal of products to be resold or used for other purposes.

    Without consent of the municipal greening the city administration, disposal unit are not allowed to go out of business, out of business.

    24th (accounting and information management requirements)

    Units, collection, transportation and disposal unit shall establish a record of kitchen waste oil accounts, faithfully record daily delivery, collection or disposal of kitchen waste oil type, quantity, time and unit name.

    Collection, transportation and disposal of records accounting records provided for in the preceding paragraph shall be formed in accordance with the third paragraph of this article 22nd test and assessment results and other information, enter the Organization's information management system, and monthly management information system records the information submitted to the greening the city administration.

    Collection, transportation, greening the city administration, and disposal of units shall, in accordance with the requirements step by step to the in-house information management systems and greening the city administration of information management systems.

    Units, collection, transportation, greening the city administration, and disposal of units shall, in accordance with the requirements, using an electronic form step by step.

    25th (self-regulation)

    , Restaurant cooking, food industry association, the Association of city appearance and environmental sanitation industry association should develop a system of industry self-regulation, urging units, collection, transportation and disposal units to strengthen food waste oil management, collection, transportation and disposal activities; violation of industry self-regulation of members, can take the appropriate disciplinary measures of self-discipline.

    26th (appraisal)

    City and district (County) green city administration sector should with food security integrated coordination institutions, and food drug supervision, and quality technology supervision, and business, and environmental, and water works, and police, and Chengguan law enforcement and immigration test quarantine, related administration sector, annual on received shipped units, and disposal units engaged in meal kitchen abandoned oil received shipped, and disposal activities of situation for comments, and to social announced comments results.

    Collection, transportation, disposal unit review failed, greening the city administration can be based on collection and transportation service agreements, management services agreements, suspend or terminate their kitchen waste oil collection and disposal activities.

    27th (license compliance)

    The municipal food and drug supervision and administration for entry-exit inspection and quarantine departments shall, in accordance with the regulations, food service units of oil-water separator installation and use and declarations, kitchen waste oil collection contract, collection account and records management, such as the establishment and implementation of the system as a food service license, health permit issuance, continuation of audits part.

    The city of quality and technical supervision departments should be food production kitchen waste oil processing unit of produce reporting, collection and transportation contracts, account collection and records management system is established and implementation as one of food production licensing, renewal of approval.

    In shopping malls, supermarkets and other food business units of undertakings engaged in the food business of selling activities, the city administration of industry and Commerce kitchen waste oils should be declared, collection and transportation contracts, collection and record account management system is established and implementation as food distribution license issuance, continuation of the examination content.

    28th (information-sharing)

    City greening the city Administrative Department shall coordinate with the municipal food safety agencies and municipal food and drug supervision, quality supervision, industry and commerce, environmental protection, water supply, public security, law enforcement and administration of entry-exit inspection and quarantine, and other related departments to strengthen their communication and establishment of kitchen waste oil regulations information sharing system.

    29th (emergency)

    Municipal, district (County) greening the city Administrative Department shall prepare a kitchen waste oil handling emergency plans, kitchen waste oil collection and disposal activities in emergency response work.

    30th (complaints)

    No units or individuals found to be in violation of these regulations, may submit to the municipal administration complaints or reports.

    Relevant administrative departments after receiving complaints and reports, are part of our responsibility in this sector, should be dealt with within the prescribed time, feedback and results; not part of the duties of the Department, should be transferred to competent to deal with the Department.

    31st (processing of unauthorized collection, transportation, disposal)

    Violation this approach seventh article fifth paragraph, and Nineth article third paragraph provides, unauthorized engaged in meal kitchen abandoned oil received shipped or disposal activities of, Chengguan law enforcement sector should ordered violations people immediately stop violations, at 50,000 yuan above 100,000 yuan following of fine; violations people should in Chengguan law enforcement sector of supervision Xia, will unauthorized received shipped or disposal of meal kitchen abandoned oil referred to the meet this approach provides of received shipped units or disposal units processing, by needed costs by violations people bear.

    Any entity or individual discretionally engages in kitchen waste oil collection and disposal activities, disrupts market order, if the circumstances are serious, shall be investigated for criminal liability.

    32nd (on penalties)

    In violation of these regulations section 11th paragraph, kitchen waste oil to other units and individuals or allows collection of other units and individuals, law enforcement departments should be ordered to rectify, at more than 20,000 yuan to 50,000 yuan fine.

    33rd (penalties for collection unit)

    Violation of these rules, and collection unit, one of the following acts, ordered by the city law enforcement department corrected and punished in accordance with the following provisions:

    (A) in violation of these regulations the 12th article, not kitchen waste oil disposal unit disposed of this way to determine, at more than 20,000 yuan to 50,000 yuan fine;

    (B) disobey the 13th article, is not in accordance with the requirements of transportation contract, between 3000 and 1000 Yuan Yuan fines;

    (C) in violation of this article 18th and 20th in the third paragraph of article, no electronic monitoring devices, as required to maintain an open position or real-time networked, more than 3000 Yuan and 10,000 yuan fine;

    (D) violation of these measures the 20th article, is not in accordance with the requirements for checks, between 5000 and 2000 Yuan Yuan fine.

    34th (penalties for disposal unit)

    Violation of these rules to dispose of units of any of the following acts, ordered by the city law enforcement department corrected and punished in accordance with the following provisions:

    (A) disobey the 13th paragraph, is not in accordance with the requirements of the disposal contract, between 3000 and 1000 Yuan Yuan fines;

    (B) the breach of paragraph II of this article 22nd, did not follow the requirements for electronic monitoring devices to keep open or real-time networking, between 10,000 and 3000 Yuan Yuan fines;

    (C) in violation of this article 23rd paragraph, without the suspension, without the permission of business, fines of between 50,000 yuan and 100,000 yuan.

    Unauthorised disposal unit closed for business, seriously affecting the public interest and safety, greening the city administration can lift the disposal service agreement.

    35th (penalties for violations of accounting and information management requirements)

    Violation of these rules, any of the following acts, rectification by the city law enforcement department, between 5000 and 2000 Yuan Yuan the following fines:

    (A) the first paragraph of article 24th of this approach, units, collection or disposal of units is not in accordance with the requirements set up kitchen waste oil account records;

    (B) violation of the second paragraph of article 24th of this approach, collection or disposal unit has not submitted in accordance with the requirements of information management system to record information.

    Article 36th (removal)

    The municipal food and drug supervision, quality supervision, industry and Commerce and the entry-exit inspection and quarantine Administration found in violation of these regulations and is not part of the duties of the Department, should collect the relevant evidence, and timely case transferred to the city law enforcement department.

    37th (administrative)

    Violation of this regulation, municipal, district (County) greening the city administration, the law enforcement departments and other relevant administrative departments and their staff, one of the following acts, by the unit or by the competent authorities directly responsible for the personnel and other persons given demerits or demerit; serious, demotion or dismissal:

    (A) an identified collection, transportation and disposal units or units;

    (B) failure to audit requirements into relevant administrative license as provided herein;

    (C) have not been found or complaints, reporting of illegal collection, disposal kitchen waste oil;

    (D) other acts of abuse of authority, dereliction of duty or engages in.

    38th (animals, animal products and food processing wastes in the production of edible oil processing)

    On death and deterioration of domestic animals and fowls, animals and animal products shall be in accordance with the People's Republic of China on animal epidemic prevention law, the Shanghai Municipal animal epidemic prevention regulations and other laws and regulations for treatment cannot be used as raw material in the production of cooking oil.

    Food processing wastes shall be in accordance with the regulation on food waste treatment in Shanghai and other rules and regulations regulations for processing shall not be used as raw material in the production of cooking oil.

    Technology, agriculture, the food and drug administration, quality supervision, industry and commerce, greening and city appearance administrative departments should strengthen the death and deterioration of domestic animals and fowls, animals and animal products, food processing, supervision and control of waste processing activities.

    39th (execution date)

    These measures shall take effect on March 1, 2013.