435.Administration Measures of Shenzhen Municipality深圳市餐厨垃圾管理办法

发布时间:2016-10-28来源:市法制办字体:【 【内容纠错】

 

Administration Measures of Shenzhen Municipality on Kitchen Garbage

Article 1  These Measures are formulated in accordance with the relevant laws and regulations and on the basis of the actual situation of Shenzhen for the purposes of strengthening the administration of kitchen garbage, safeguarding food safety and improving the urban environment sanitation.

Article 2  These Measures shall apply to the collection, transportation, disposal and supervision of kitchen garbage within the territory of Shenzhen.

Article 3  In these Measures, “kitchen garbage” refers to the residue of food, waste food material, obsolete food products and waste oil and fat generated by producers during the production and operation of food.

In these Measures, “producers” refer to the producers and operators that supply food to consumers through real time production, commercial sales and labor services, etc., including restaurants, snack bars, fast food shops, canteens and the stores or supermarkets that provide consumable food.

In these Measures, the “waste oil and fat” refers to the oil and fat or oil-water mixture contained in the kitchen garbage as well as the oil and fat generated from the separation process by oil water separator or oil-separating tank.

The kitchen garbage generated by residents during their everyday life shall be separated from the other living garbage for the purpose of disposal and gradually included into the scope of kitchen garbage for purpose of collective disposal.

Article 4  The municipal and district governments (including administration bodies of new zones or districts, same below) shall organize the relevant authorities to publicize the administration of kitchen garbage, support the development of technology for disposing of kitchen garbage and the building of relevant facilities, and promote the innocent treatment of kitchen garbage and its utilization as resources.

The producers shall be encouraged to install pre-processing facilities of kitchen garbage for purposes of the preliminary disposal of kitchen garbage.

Article 5  The municipal urban administration authority (hereinafter referred to as the “municipal authority”) shall take charge of the administration of the collection, transportation and disposal of kitchen garbage within the whole city, with the major duties prescribed as below:

(1) Directing, coordinating, supervising and inspecting the administration of kitchen garbage of the districts;

(2) Issuing the license for collecting, transporting and disposing of kitchen garbage and the transportation permit of kitchen garbage vehicle in accordance with the relevant provisions on administration of urban living garbage;

(3) Supervising the operation of facilities for disposing of kitchen garbage;

(4) Formulating the technical standards on collection and disposal of kitchen garbage pursuant to the relevant procedure and organizing their implementation.

Article 6  The district urban administration authority (hereinafter referred to as the “district authority”) shall take charge of the administration of the collection, transportation and disposal of kitchen garbage within the district, with the major duties prescribed as below:

(1) Supervising and inspecting the whole process of the collection, transportation and disposal of kitchen garbage;

(2) Inspecting the records of the collection, transportation and disposal of kitchen garbage;

(3) Investigating and punishing the illegal emission, collection, transportation and disposal of kitchen garbage in accordance with the relevant laws.

Article 7    The market administration department shall supervise and regulate the production, process and circulation of food products, investigate and punish the illegal production and process of food from kitchen garbage, and investigate and punish the illegal sales of fake or inferior oil and fat in accordance with the relevant laws.

The living environment department shall supervise and regulate the waste prevention measures taken by producers and enterprises that collect, transport and dispose of kitchen garbage, and investigate and punish the illegal acts that pollute the environment during the collection, transportation and disposal of kitchen garbage in accordance with the relevant laws.

The water administration department shall regulate the river way and emission of water, and investigate and punish the illegal acts of discharging kitchen garbage into the river way or public drainage facilities in accordance with the relevant laws.

The traffic police department shall issue passes to vehicles that have been registered with the relevant authority and need to pass the restricted or prohibited area within three business days after receiving the application, so as to facilitate the kitchen garbage vehicles to collect and transport kitchen garbage.

The education, health, culture, sports and tourism departments shall assist the relevant authority during the administration of kitchen garbage and urge the entities within its respective industry to perform the duties prescribed in these Measures.

Article 8  The catering industry association shall perform the role of self-discipline and regulate the collection, transportation and disposal of kitchen garbage.  Meanwhile, the catering industry association shall promote the reduction of kitchen garbage and include the disposal of kitchen garbage in the appraisal of a catering enterprise's grade and credit administration, so as to urge the catering enterprises to adopt the innocent treatment of kitchen garbage.

Article 9 Shenzhen shall implement a franchise system for the collection, transportation and disposal of kitchen garbage.

The producers shall deliver the kitchen garbage to the franchised enterprise for transportation and disposal.  No entity or individual may collect, transport or dispose of the kitchen garbage unless it is granted with the franchise.

Article 10  To apply for the license for collecting, transporting and disposing of kitchen garbage, the enterprise shall satisfy the following basic conditions:

(1) It has  the status of an enterprise legal person;

(2) Its technology and technique are consistent with the requirements of the national standard and have passed the relevant professional review;

(3) It has at least 10 kitchen garbage vehicles that are wholly-closed for preventing the leaking of smell and overflow or leaking of kitchen garbage and equipped with the driving and loading/unloading recorder;

(4) Its capacity of kitchen garbage disposal shall be no less than 200 tons per day;

(5) It shall have at least 5 professionals that have technical qualifications in the fields of environment protection, chemical industry, biology and mechanics, etc; specifically, at least one of the professionals has the associate senior qualification, and the technical officer must have the intermediate qualification and at least five years in disposal of garbage;

(6) It has installed and uses the online video monitor equipment connected with the relevant authority;

(7) It has a fixed office, the mechanic equipments and a parking lot.

Article 11  The municipal government may, on the basis of actual requirement of administration, divide the whole city into several parts and grant the franchise right of each part to different enterprises that collect, transport and dispose of kitchen garbage.

The enterprise that is authorized to collect, transport and dispose of kitchen garbage shall collect and transport the kitchen garbage in the authorized area in a uniform way and dispose of the kitchen garbage collectively.

Article 12  The municipal government shall determine the franchised enterprises by bidding and tendering, public recruitment, auction or other fair competition methods, and the license for collecting, transporting and disposing of kitchen garbage shall be issued by the municipal authority.  The municipal authority shall issue the license for collecting, transporting and disposing of kitchen garbage within 10 business days after receiving the application.

The municipal government shall enter the franchise agreement on collection, transportation and disposal of kitchen garbage with the franchised enterprise to clearly prescribe the scope of collection and transportation, service standard, conditions and process for terminating the franchise right.

Article 13  The period of franchise for collection, transportation and disposal of kitchen garbage shall be ten years, and the operator may apply to the municipal authority for an extension of the franchise six months prior to the expiry of the above period. If its service is appraised by the municipal authority as qualified, the municipal government may extend the period of franchise by five years. When the extended period of franchise expires, the municipal government shall determine the franchised enterprises once again by bidding and tendering, public recruitment, auction or other fair competition methods.

The municipal authority shall formulate the specific measures on appraisal of service quality.

Article 14  If the enterprise collecting, transporting and disposing of kitchen garbage is in any of the following situation, the franchise right shall be terminated by the municipal government:

(1) It subcontracts its right of operation to another enterprise or individual;

(2) It transfers or pledges its right of operation without approval;

(3) Its technology or technique is inconsistent with the national standards or apparently obsolete and cannot be improved;

(4) Its disposal capacity is insufficient and cannot be improved;

(5) Its improper disposal causes a significant accident of environment pollution within its franchised area;

(6) It illegally sells the waste oil and fat.

Article 15  The producers shall sign the contract on collection and transportation of kitchen garbage with the franchised enterprise and report the contract to the district authority for filing.

The producers shall publicize its delivery of kitchen garbage for transportation and disposal at an apparent position of its premises.

Article 16  The producers shall separate the kitchen garbage from other living garbage for collection, and may not mix the kitchen garbage with other living garbage and deliver them to the enterprise collecting, transporting and disposing of garbage.

The producers shall adopt the containers of kitchen garbage that are consistent with the standard prescribed by the municipal authority, so as to deliver the kitchen garbage to the enterprise collecting, transporting and disposing of garbage.

The producers may not discharge the kitchen garbage directly into the river way, public drainage facilities, public toilets or the facilities used for collecting living garbage.

Article 17 The enterprises collecting, transporting and disposing of kitchen garbage shall observe the following provisions on collection, transportation and disposal of kitchen garbage:

(1)It shall collect kitchen garbage from the producers at least once each day (including statutory public holidays);

(2)It shall use wholly closed vehicles for transportation, no leaking or overflow may occur during the process of transportation and no kitchen garbage may be exposed during the period of transit;

(3) The vehicle shall be kept clean and tidy, painted with the prescribed logo and drive on the time and along the route provided in the pass issued by the traffic police department

(4) It shall kept the disposal facilities in continuous and stable operation; if any disposal facility needs stopping the operation temporarily due to routine maintenance, it shall report to the municipal authority in writing fifteen days in advance;

(5) It shall establish and regularly inspect the system for weighing the kitchen garbage;

(6) It shall establish a sound safety management system, provide safety facilities, and prepare the safety emergency scheme, so as to ensure disposal facilities to operate safely;

(7) It shall maintain the urban environment sanitation of the disposal site and take effective measures to prevent environment pollution during the disposal of garbage;

(8) The products produced from the disposal of kitchen garbage shall comply with the quality standard prescribed by the State.

Article 18 The enterprises collecting, transporting and disposing of kitchen garbage may not engage in any of the following activities:

(1) Refusing to collect kitchen garbage from the producers that have signed the contract on collection and transportation of kitchen garbage;

(2) Using the kitchen garbage as material for producing or processing food;

(3) Illegally selling the waste oil and fat;

(4) Directly using the kitchen garbage to feed animal or poultry without innocent treatment;

(5) Directly burying or burning the kitchen garbage, unless it is approved by the municipal authority due to maintenance of facilities.

Article 19 The collection, transportation and disposal of kitchen garbage shall be a paid service and the producers shall pay the cost of collection, transportation and disposal of kitchen garbage according to the relevant provisions.  The specific charge standards and measures shall be included in the charge standards and charge system for living garbage.

Article 20 The finance department shall reasonably subsidize the enterprises collecting, transporting and disposing of kitchen garbage on the basis of their actual operation, with the specific measures on subsidies formulated separately by the municipal finance department together with other relevant department and submitted to the municipal government for approval.

Article 21 When the producers deliver kitchen garbage to the enterprise collecting, transporting and disposing of kitchen garbage, the parties shall sign and confirm the record which keeps the quantity and category of the kitchen garbage delivered.

The enterprises collecting, transporting and disposing of kitchen garbage shall establish a record for the collection, transportation and disposal of kitchen garbage and accurately and completely keep the following situation: category, quantity and source of kitchen garbage; category, quantity and flow of the products produced from the kitchen garbage; operation and maintenance of the disposal facilities; driving record of the vehicles, and etc.

The enterprises collecting, transporting and disposing of kitchen garbage shall report the record for the collection, transportation and disposal of kitchen garbage to the municipal authority at the end of each month.

The municipal authority shall announce the annual operation, financial reports and other information of the enterprises collecting, transporting and disposing of kitchen garbage on the annual basis.

Article 22 The enterprises collecting, transporting and disposing of kitchen garbage shall install and use online video monitor equipment under the guidance and supervision of the municipal authority and may not dismantle, change, disuse or destroy such equipment.

The enterprises collecting, transporting and disposing of kitchen garbage shall install the driving and loading/unloading recorder on the kitchen garbage vehicles and connect the driving information to the information platform of the traffic police department.

The authority may, if necessary, dispatch personnel to the enterprises collecting, transporting and disposing of kitchen garbage to conduct on-site supervision.

Article 23 The authority shall accept the reporting or complaints from the public by establishing complaint hotlines or through other methods.  After the reporting or complaint is received, the authority shall conduct on-site investigation and dispose of the case timely, and notify the reporter or complainant of the result within fifteen business days.

If the reporting or complaint is proved to be true, the authority shall reward the reporter or complainant according to the relevant provisions.

When a producer or enterprise collecting, transporting and disposing of kitchen garbage is frequently reported or complained, the authority shall list it as the major target of supervision and increase the intensity and frequency of supervision.  After the violation is confirmed, the authority may publicize the relevant result of investigation on the media.

Article 24 The municipal authority may regularly organize the living environment, market administration, traffic police, education, health, culture, sports and tourism departments to conduct joint regulation of kitchen garbage, so as to investigate and punish the violations during the collection, transportation and disposal of kitchen garbage in accordance with the relevant laws..

The district governments shall organize their respective departments and the functionaries of the municipal authorities to conduct joint regulation of kitchen garbage when necessary.

Article 25 The municipal authority and the market administration, living environment and other relevant departments shall establish the system to share the information on administration of kitchen garbage.

The municipal market administration department shall notify the municipal authority of the list of food producers and operators as well as the list of new enterprises established in the current year.  The authority shall, on the basis of the lists provided by the municipal market administration authority, inspect and check the contracts on collection and transportation of kitchen garbage signed by the food producers and operators with regard to the disposal of kitchen garbage; any food producer or operator that fails to sign the contract on collection and transportation of kitchen garbage or fails to dispose of kitchen garbage in accordance with the law shall be punished by the authority pursuant to these Measures, with the result of punishment informed to the municipal market administration and living environment departments.

When conducting the annual inspection of enterprises, the municipal market administration authority shall pay attention to the sanitation and disposal of kitchen garbage of those food producers and operators that have been informed and handle the relevant situation pursuant to the relevant laws.

The punishment on food producers and operators by the authority, market administration or living environment department shall be recorded in the credit system and disclosed to the public.

Article 26 If any entity or individual engages in the collection, transportation or disposal of kitchen garbage without approval, the municipal authority shall order the violator to stop the illegal action with the tools used for committing the illegal action detained temporarily and to pay a fine of  50000 RMB yuan; if it commits the illegal action again, the fine shall be 100000 RMB yuan.

Article 27 If any producer violates any of these Measures, the authority shall order it to stop the illegal action and punish the violator as prescribed below:

(1) If the producer fails to sign the contract on collection and transportation of kitchen garbage with the franchised enterprise or fails to report the contract to the district authority for filing, it shall be fined 2000 RMB  yuan;

(2) If the producer delivers any kitchen garbage to any individual or entity that has not obtained the qualification of franchise operation, it shall be fined 2000 RMB  yuan per time;

(3) If the producer fails to deliver the kitchen garbage by using the container consistent with the prescribed standard, it shall be fined 500  RMB yuan;

(4) If the producer mixes other living garbage into the kitchen garbage, it shall be fined 50 RMB  yuan for per kilogram of the other living garbage in case the total living garbage exceeds 10 kilograms.

Article 28 If any enterprise collecting, transporting and disposing of kitchen garbage violates these Measures and commits any of the following actions, the authority shall order it to stop the illegal action and rectify the behavior within the prescribed time limit, and pay the fine as prescribed below:

(1) If it refuses to sign the contract on collection and transportation of kitchen garbage with the producers, it shall be fined 2000 RMB yuan;

(2) If it fails to collect and transport kitchen garbage at least one time per day or refuses to collect kitchen garbage from the producers who have signed the contract on collection and transportation of kitchen garbage with it, it shall be fined 500 RMB yuan per time, provided the total fine shall not exceed 10000 RMB  yuan per day;

(3) If the kitchen garbage leaks or overflows from the container during transportation, it shall be fined  3000 RMByuan;

(4) If it terminates the operation of the disposal facilities without approval by the municipal authority, it shall be fined 10000 RMB yuan for each day the operation is terminated;

(5) If it fails to establish the records of the collection, transportation and disposal of kitchen garbage or the recording is incomplete, it shall be fined  10000 RMB yuan;

(6) If it disuses, dismantles, changes, destroys the online video monitor equipment without approval, it shall be fined 30000 RMB  yuan;

(7) If it directly uses the kitchen garbage to feed animal or poultry without innocent treatment, it shall be fined 2000 RMB  yuan; if the kitchen garbage used to feed animal or poultry exceeds one ton, it shall be fined  5000 RMB yuan;

(8) If it buries or burns the kitchen garbage directly without approval by the municipal authority, it shall be fined  2000 RMB yuan; if the kitchen garbage directly buried or burned exceeds one ton, it shall be fined 5000 RMB  yuan;

(9) If it uses any dishonest method to gain subsidies by cheating, it shall be fined five times of the subsidies obtained by cheating.

Article 29 If any enterprise collecting, transporting or disposing of kitchen garbage violates any of these Measures and uses the kitchen garbage as material to produce or process food or sells the waste oil and fat illegally, the authority shall order it to stop the illegal action and pay a fine of  50000 RMB yuan in case the total value of product or sales is less than10000 RMB  yuan, or a fine of ten times of the total value of products or sales if the total value of products or sales exceeds 10000 RMB  yuan.  If it may constitute any crime, the violator shall be delivered to the judicial authority for punishment.

If any other entity or individual uses the kitchen garbage as material to produce or process food or sells any fake or inferior oil and fat illegally, it shall be punished by the municipal market administration department in accordance with the relevant laws and regulations on administration of food safety.  If it may constitute any crime, the violator shall be delivered to the judicial authority for punishment.

Article 30 If any canteen or restaurant of the administrative authorities or public institutions violate these Measures, it shall be punished in accordance with the relevant provisions of these Measures and its principal and the people directly in charge of the matter shall be pursued with the administrative responsibilities.

Article 31 If the urban administration, living environment, market administration, traffic police, water, education, health, culture, sports and tourism authority, etc or any of their personnel commits any of the following actions during the administration and supervision of kitchen garbage, the administrative responsibilities shall be pursued with; if any crime is constituted, the violators shall be delivered to the judicial authority for punishment:

(1) Issuing any illegal approval, awarding any illegal punishment or taking any illegal enforcement measure;

(2) Neglecting the duties, abusing the powers, or taking advantage of the post for personal purposes;

(3) Refusing to participate in or cooperate with the joint regulation of kitchen garbage;

(4) Other failure to perform the administrative duties of supervision and regulation.

Article 32    These Measures shall enter into force as of August 1, 2012, and the Provisional Measures on Administration of Kitchen Garbage of Shenzhen City implemented as from October 1, 2007 shall be rescinded simultaneously.