Measures of Jiangsu Province on Administration of Catering Kitchen Waste
时间:2012-12-11  浏览次数:

  Chapter I General Provisions
  Article 1 The Measures are formulated in accordance with the relevant laws and regulations, in light of the specific situation of this Province, and for the purpose of strengthening the administration of the catering kitchen waste, safeguarding food safety, promoting resource recycling and maintaining the urban and rural appearance and environmental sanitation.
  Article 2 The catering kitchen waste as mentioned in the Measures refers to the food remains, waste edible oil and other wastes produced in the activities of food processing, food service and collective food supply except those of the daily life by the residents.
  The waste edible oil as mentioned in the preceding paragraph refers to the animal oil, plant oil and various oil and water mixtures that can not be eaten again.
  Article 3 The Measures shall apply to the production, collection, transportation, treatment and relevant management activities of the catering kitchen waste within the administrative region of this Province.
  Article 4 The management of the catering kitchen waste shall follow the principle of reduction, recycling and harmlessness.
  The integrated operation of the collection, transportation and treatment of the catering kitchen waste shall be promoted. 
  Article 5 The competent department of housing and urban and rural construction of the provincial people’s government shall be responsible for the supervision and administration work of the catering kitchen waste in this Province.
  The competent department of city appearance and environmental sanitation of a city or a county (city, district) shall be responsible for the supervision and administration work of the catering kitchen waste within its corresponding administrative region.
  The departments of development and reform, public security, environmental protection, agriculture, commerce, health, industrial and commercial administration, quality control, price, food and drug supervision and relevant departments of the local people"s government at or above the county level shall, in accordance with their corresponding duties and responsibilities, do well the work of supervision and administration of the catering kitchen waste.
  Article 6 The local people"s government at or above the county level shall, in accordance with the national economy and social development planning, safeguard the investment of the funds for the control of the catering kitchen waste. Measures shall be taken to reduce the production of the catering kitchen waste by encouraging selling clean vegetables in the markets, improving food processing techniques and enjoying meals in an economical way and so on; the recycling and hazard-free treatment of the catering kitchen waste shall be promoted by adopting economic and technical measures.
  Article 7 The collection, transportation and treatment fund of the catering kitchen waste shall be drawn from disposal funds of municipal household waste, and the local people"s government shall give certain subsidies to cover the shortfall and shall organize and formulate the resolving measures through overall planning.
  Article 8 The food industry association shall give full play to the role of self-discipline within the trade, join and formulate relevant standards and standardize trade actions; promote the ways of reducing the catering kitchen waste and incorporate the management work of the catering kitchen waste into the range of e rating assessment of the catering enterprises.
  Article 9 Any unit  or inPidual shall be entitled to report or lodge a complaint against any act in violation of the provisions on administration of the catering kitchen waste
  Chapter II The Control Planning and Facility Construction
  Article 10 The competent department of city appearance and environmental sanitation of a city or a county (city) shall, in junction with relevant departments and in accordance with the national economy and social development planning and the overall planning for cities, formulate special plans for environmental sanitation.
  Special plans for environmental sanitation shall include the contents of controlling the catering kitchen waste,  the layout, land and scale of the catering kitchen waste collection, transportation and treatment facilities arranged through overall planning.
  Where the areas are in good conditions, the regional catering kitchen waste treatment facilities shall be planed and constructed in accordance with the mode of regional overall planning.
  Article 11 The land for the catering kitchen waste treatment facilities shall be incorporated into the urban and rural planning as environmental sanitation facilities and any unit or inPidual shall not occupy them or change their purpose without authorization.
  Article 12 The construction of the catering kitchen waste collection and treatment facilities shall comply with the special plans for environmental sanitation.
  Where the scale of the catering kitchen waste treatment facilities reaches 100 tons per day, the construction project shall be examined or approved by the competent department of investment of the provincial people"s government. When the competent department of investment of the provincial people"s government examines or approves a project, it shall solicit opinions from the competent department of housing and urban and rural construction of the provincial people"s government.
  The construction project of the catering kitchen waste treatment facilities for services across administrative regions shall be examined or approved by the competent department of investment of the people"s government at a higher level. When the competent department of investment of the people"s government at a higher level examines or approves a project, it shall solicit opinions from the competent department of city appearance and environmental sanitation at the corresponding level.
  Article 13 The investigation, design, construction and supervision of the construction project of the catering kitchen waste collection and treatment facilities shall strictly implement relevant laws, regulations and technical standards.
  Article 14 After the catering kitchen waste collection and treatment facilities are completed, the construction unit shall, in accordance with the law, organize the inspection for acceptance upon completion, submit the inspection for acceptance and the construction project archive to the competent department of construction of the local people"s government for filing; and shall inform the competent department of city appearance and environmental sanitation of the local people"s government at the same time. The projects failing to be checked and accepted as the qualified or failing to pass the check shall not be put into use.
  The competent administrative department of housing and urban and rural construction of the provincial people’s government shall, in junction with relevant departments, formulate the harzard-free level rating assessment standard for the catering kitchen waste treatment facilities that have been constructed and put into operation. The harzard-free level rating assessment standard shall be organized and implemented by the competent department of housing and urban and rural construction of the provincial people"s government.
  Chapter III The Declaration, Collection and Transportation of Catering Kitchen Waste
  Article 15 Classified disposal, specialized collection and transportation of the catering kitchen waste shall be implemented.
  Article 16 The catering kitchen waste producing units shall sign the agreements with the catering kitchen waste collection and transportation service enterprises and report to the competent department of city appearance and environmental sanitation of the local people"s government for filing; when they apply to the department of environmental protection and food and drug supervision for registration or permit, they shall produce the agreements on their own initiative.
  Article 17 The catering kitchen waste producing units shall report the catering kitchen waste producing condition of the next year to the competent department of city appearance and environmental sanitation of the local people"s government at certain time each year.
  The newly built the catering kitchen waste producing units shall report the catering kitchen waste producing condition to the competent department of city appearance and environmental sanitation of the local people"s government within 10 days since the first production of the catering kitchen waste.
  When the catering kitchen waste producing units report the  catering kitchen waste producing condition, they shall submit the photocopy of the agreements they have signed with the catering kitchen waste collection and transportation service enterprises.
  When the operation sites alter or the waste amount of the catering kitchen waste producing units change greatly, they shall timely report to the competent department of city appearance and environmental sanitation of the local people"s government.
  Article 18 The catering kitchen waste producing units shall follow the following provisions:
  (1) setting the catering kitchen waste collection containers in compliance with the standard;
  (2) collecting and storing the catering kitchen waste and the non-catering kitchen waste separately and setting pollution control facilities such as water-oil separators or oil separation tanks in accordance with relevant provisions of environmental protection;
  (3) ensuring the catering kitchen waste collection containers and the pollution control facilities complete, sealed and tidy and keeping the neighboring environment clean and tidy;
  (4) the catering kitchen waste shall be given to the contracted catering kitchen waste collection and transportation service enterprise within 24 hours since the catering kitchen waste is produced; and
  (5) the catering kitchen waste shall not be discharged into rainwater pipes, the sewage pipes, riverways, lakes, reservoirs, ditches or public toilets.
  Article 19 The competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city) shall make the permit decision on the catering kitchen waste collection and transportation services through fair competition such as the bidding, issue the service licenses of catering kitchen waste collection and transportation to the bid-winning enterprises and sign the agreements of catering kitchen waste collection and transportation operation with the bid-winning enterprises. The agreements of catering kitchen waste collection and transportation operation shall specify the contents such as the operation time limits, the service standards and the liabilities of the breach of the agreements and take them as the attachments to the service licenses of catering kitchen waste collection and transportation..
  Any unit that fails to obtain the catering kitchen waste collection and transportation service license shall not engage in operation activities of the catering kitchen waste collection and transportation.
  Article 20 Anyone that engages in the operational catering kitchen waste collection and transportation service shall meet the following conditions:
  (1) obtaining enterprise legal person qualification and having registered capital of not less than RMB 3,000,000 yuan;
  (2) adopting completely sealed specialized collection containers with classified collection function to collect the catering kitchen waste;
  (3) adopting completely sealed self-discharging vehicles with the function to prevent odour from spreading, littering and leaking to transport the catering kitchen waste;
  (4) having sound administration system for technology, quality, security and monitoring and effectively implementing it;
  (5) having legal road transportation operation licenses and the vehicle driving licenses;
  (6) having fixed sites for offices, machines, facilities and vehicles; and
  (7) other conditions prescribed by laws and regulations.
  Article 21 The enterprises engaging in the catering kitchen waste collection and transportation services shall follow the following provisions:
  (1) collecting and transporting the catering kitchen waste timely within the prescribed time limit in accordance with the environmental sanitation operation standards and specifications. Going to the catering kitchen waste producing units to clean up and remove the catering kitchen waste for at least one time every day;
  (2) transporting the catering kitchen waste collected to the catering kitchen waste treatment sites that comply with the provisions of the Measures;
  (3) the vehicles for the catering kitchen waste collection and transportation shall be completely sealed self-discharging vehicles and shall ensure they are sealed, complete and tidy and shall be sprayed prescribed signs on them;
  (4) the catering kitchen waste production, collection, transportation and treatment shall adopt the duplicate forms system;
  (5) the book account system for the catering kitchen waste collection and transportation shall be established and submitted to the competent department of city appearance and environmental sanitation of the local people"s government once a month; and
  (6) not closing or suspending operation without the approval of the competent department of city appearance and environmental sanitation of the local people"s government.
  Article 22 The catering kitchen waste collection and transportation enterprises that transport the catering kitchen waste out of their administrative regions for treatment shall report to the competent department of city appearance and environmental sanitation of the corresponding people"s government for filing and shall provide the following materials:
  (1) the photocopy of the business licenses and the treatment approval documents of the treatment units ;
  (2) the certifying materials to prove the products of the treatment units comply with quality standards and the treatment units have conducted hazard-free treatment; and
  (3) the certificate of accepting the treatment issued by the competent department of city appearance and environmental sanitation of the people"s government of the place where the  treatment units are located.
  Anyone that fails to provide the materials prescribed in the preceding paragraph and fails to submit them for filing shall not transport the catering kitchen waste out of its administrative region for treatment.
  Chapter IV Catering Kitchen Waste Treatment
  Article 23 The central treatment of the catering kitchen waste shall be adopted and any unit or inPidual shall not treat the catering kitchen waste without authorization.
  It is prohibited to utilize the catering kitchen waste as the raw material to produce food or to utilize the catering kitchen waste without hazard-free treatment to feed livestock and poultry.
  Article 24 The technology and facilities for the treatment of the catering kitchen waste shall comply with the relevant technical standards for the treatment of the catering kitchen waste issued by the State and this Province and shall prevent causing environmental pollution. Where new technology and facility are adopted, the competent department of housing and urban and rural construction of the provincial people"s government shall organize the technical assessment.
  Article 25 The competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city) shall make the permit decision on the catering kitchen waste treatment through fair competition such as the bidding, issue the service licenses of  catering kitchen waste treatment to the bid-winning enterprises and sign the operation agreements of catering kitchen waste treatment with the bid-winning enterprises. The agreements of catering kitchen waste treatment operation shall specify the contents such as the operation time limits, the service standards and the liabilities of the breach of agreement and take them as the attachments to the catering kitchen waste treatment operation service licenses.
  The unit that fails to obtain the catering kitchen waste treatment operation service license shall not engage in the catering kitchen waste operational treatment activities.
  Article 26 Anyone that engages in the catering kitchen waste operational treatment service shall meet the following conditions:
  (1)  obtaining enterprise legal person qualification and having registered capital of not less than RMB 5,000,000 yuan where the scale is less than 100 tons per day; having registered capital of not less than RMB 50,000,000 yuan where the scale is more than 100 tons per day;
  (2) selecting the site in accordance with the urban and rural planning and obtaining the corresponding planning permit documents;
  (3) adopting technologies and techniques that comply with relevant standards;
  (4) having sound administration systems for technical operation, facility management, environmental monitoring and protection, financial management, manufacturing safety, measurement and statistics and effectively implementing them;
  (5) having the feasible technical plan to treat the waste water, waste gas and waste residue of the catering kitchen waste and having the feasible plan to make the discharge reach the standard; and
  (6) other conditions prescribed by laws and regulations.
  Article 27 The enterprises that engage in the catering kitchen waste treatment service shall follow the following provisions:
  (1) treating the catering kitchen waste in accordance with relevant provisions and technical standards strictly;
  (2) the waste water, waste gas and waste residue produced in the treatment process shall comply with environmental protection standard and prevent secondary pollution;
  (3) the treatment of the catering kitchen waste by microbial agents shall comply with relevant provisions of the State and corresponding security control measures shall be taken;
  (4) the products produced shall comply with relevant quality standards;
  (5) collecting the catering kitchen waste in accordance with the prescribed time and requirements;
  (6) equipping itself with the catering kitchen waste treatment facilities, devices in accordance with the requirement and guaranteeing they operate properly;
  (7) installing the catering kitchen waste storing facilities at the catering kitchen waste treatment site (factory) and make them comply with the environmental standard;
  (8) conducting environmental impact monitoring in accordance with the requirement to examine and assess the performance and the environmental protection index of the catering kitchen waste treatment facilities and reporting the results to the competent department of city appearance and environmental sanitation and the competent department of environmental protection of the local people"s government;
  (9) the treatment, collection and transportation of the catering kitchen waste shall adopt the duplicate forms system;
  (10) establishing the book account system for the catering kitchen waste treatment; and
  (11) not closing or suspending operation without the permission of the competent department of city appearance and environmental sanitation of the local people"s government.
  Chapter V Supervision and Administration
  Article 28 The local people"s governments at various levels shall establish and perfect the supervision and administration system of edible oil and food market, prevent the products made or processed by the materials of the catering kitchen waste from entering the food production and operation procedures.
  Article 29 The competent department of city appearance and environmental sanitation shall establish and perfect the supervision and administration system, establish the common information platform for the production, collection, transportation and treatment on the catering kitchen waste and conduct supervision and inspection of the implementation of the Measures by the catering kitchen waste producing units and the collection, transportation and treatment service enterprises.
  Article 30 The competent department of development and reform shall strengthen the research and perfection of the relevant policies and measures, promote recycling and hazard-free treatment of the catering kitchen waste and actively support the development of relevant enterprises.
  The competent department of finance shall strengthen supervision and administration on the funds for operation and construction of the facilities for collection, transportation, hazard-free treatment and recycling of the catering kitchen waste that have been incorporated into urban public affair administration.
  The competent department of price shall rationally formulate the charging policies for disposal fees of municipal household waste and relevant sewage discharging fees and do well the work of monitoring the cost of the collection, transportation and treatment of the catering kitchen waste.
  Article 31 The competent department of agriculture shall strengthen supervision and administration on the fertilizer products made by the materials of the catering kitchen waste, investigate into and handle the acts of utilizing the catering kitchen waste without hazard-free treatment to feed livestock and poultry according to law.
  The competent department of commerce shall strengthen the industry administration on the catering industry, urge the catering service enterprises to entrust the enterprises with the collection, transportation and treatment permit to collect, transport and treat the catering kitchen waste; guide the catering service enterprises to operate honestly and hook up the catering kitchen waste treatment with the rank assessment of the enterprises, strengthen the supervision and administration on the inedible animal residual and oil produced in the process of pig slaughter.
  Article 32 The competent department of environmental protection shall strengthen the prevention and control on environmental pollution of the catering kitchen waste production, collection, transportation, storage and treatment and other relevant activities and shall implement unified supervision and administration.
  Article 33 The competent department of health shall strengthen the comprehensive coordination work of food safety, strengthen the risk monitoring on edible oil safety and perfect relevant inspection method.
  The competent department of food and drug supervision shall strengthen supervision and administration on the catering service enterprises ,  supervise the catering service enterprises of the establishment and implementation of edible oil purchase inspection system and certificate and bill collecting system, investigate into and handle illegal acts of purchasing, utilizing the food oil made by the raw materials of the catering kitchen waste according to law.
  Article 34 The competent department of the quality and technical supervision shall strengthen supervision and administration of the quality and standard of the products of the enterprises that utilize the catering kitchen waste as materials; and shall, in accordance with the law, investigate into and handle illegal acts of food producing and processing units that utilizes the oil made from the catering kitchen waste to produce food.
  The competent administrative department of industrial and commercial administration shall strengthen the supervision on the operation of edible oil in the process of circulation , and shall, in accordance with the law, investigate into and handle the acts of operating edible oil that fails to comply with the food safety standard of the State.
  The public security organ shall strengthen the administration on road traffic safety of the vehicle for collection and transportation of the catering kitchen waste, and shall, in accordance with the law, investigate into and handle the criminal acts of collecting, transporting and treating the catering kitchen waste without certificates or licenses and producing and operating the oil made from the catering kitchen waste to damage the environment and people"s health.
  Article 35 The competent department of city appearance and environmental sanitation and other relevant departments shall be entitled to take the following measures when they supervise and inspect:
  (1) reading and duplicating relevant documents and materials;
  (2) requiring the inspected unit and inPidual to explain the relevant issue;
  (3) entering the spot and conducting inspection;
  (4) ordering the relevant unit and inPidual to correct illegal acts;
  The relevant unit and inPidual shall support and cooperate with the supervision and inspection and provide conveniences to the work and shall not obstruct or hinder the supervisors and inspectors from performing official duties in accordance with the law.
  Article 36 The bid-winning catering kitchen waste collection, transportation and treatment enterprises shall be put into the name list of the catering kitchen waste collection, transportation and treatment enterprises and made known to the public by the competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city).
  The competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city) shall entrust the institution which has obtained the metrological certification to conduct monitoring on the amount, quality and environmental impact of the catering kitchen waste treatment at the catering kitchen waste treatment sites (plants) regularly.
  Article 37 Where the valid time limit of catering kitchen waste collection, transportation and treatment service permit expires, the enterprise that would continue to engage in the activities of catering kitchen waste the collection, transportation and treatment shall apply to the competent department of city appearance and environmental sanitation of the local people"s government for renewal procedures within 30 days before the time limit expires. Where the renewal is permitted, the competent department of city appearance and environmental sanitation of the local people"s government shall sign a new operation agreement with the service enterprise of catering kitchen waste collection, transportation and treatment.
  Article 38 Where the service enterprise of catering kitchen waste collection, transportation and treatment  definitely needs to close or suspend operation, it shall report to the competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city) 6 months in advance and may only close or suspend operation after obtaining the approval.
  The competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city) shall implement the measures to ensure the collection, transportation and treatment of the catering kitchen waste are conducted timely before the service enterprise of catering kitchen waste collection, transportation and treatment closes or suspends operation.
  Article 39 The competent department of city appearance and environmental sanitation of the people"s government of a city or county (city) shall, in junction with relevant departments, formulate the contingent plan for rapid response to the collection, transportation and treatment of the catering kitchen waste, establish the rapid response system for handling the catering kitchen waste, and ensure the catering kitchen waste is collected, transported and treated properly in an emergency or special situation.
  The service enterprise of catering kitchen waste collection, transportation and treatment shall formulate the contingent plan for rapid response to prevent the pollution of catering kitchen waste in case of emergencies and submit it to the competent department of city appearance and environmental sanitation of the people"s government of a city or a county (city) for filing.
  Chapter VI Legal Liability
  Article 40 For the acts in violation of the provisions of the Measures, where legal liabilities provisions already exist in the laws and regulations, those provisions shall prevail.
  Article 41 Where the catering kitchen waste producing unit commits any one of the following acts, they shall be ordered by the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level to make correction within a prescribed time limit and a fine of not less than RMB5,000 yuan but not more than RMB30,000 yuan shall be imposed concurrently:
  (1) failing to utilize collection containers in compliance with the standard to store the catering kitchen waste;
  (2) failing to store the catering kitchen waste and the non-catering kitchen waste separately;
  (3) discharging the catering kitchen waste  into rainwater pipes, the sewage pipes and public toilets; or
  (4) entrusting the unit or inPidual that does not comply with the provisions of the Measures to collect, transport and treat the catering kitchen waste.
  Where the catering kitchen waste producing units discharge the catering kitchen waste into riverways, lakes, reservoirs or ditches, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level or relevant departments shall investigate into and handle in accordance with laws.
  Article 42 Where the catering kitchen waste producing unit fails to submit the catering kitchen waste collection and transportation agreement to the competent administrative department of city appearance and environmental sanitation of the local people"s government for filing, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to submit the agreement for filing; Where the unit refuses to execute the order, a fine of not less than RMB10,000 yuan but not more than RMB30,000 yuan may be imposed.
  Article 43 Anyone that utilizes the catering kitchen waste without hazard-free treatment to feed livestock and poultry shall be ordered by the competent department of agriculture of the local people"s government at or above the county level to stop the illegal acts; where the situation is serious,a fine of not less than RMB10,000 yuan but not more than RMB30,000 yuan shall be imposed on the unit; a fine of not less than RMB200 yuan but not more than RMB1,000 yuan shall be imposed on the inPidual.
  Article 44 Where anyone engages in the activities of catering kitchen waste operational collection and transportation without permission, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to stop the illegal acts and confiscate its illegal gains and a fine of not less than RMB10,000 yuan but not more than RMB30,000 yuan shall be imposed on the unit; a fine of not less than RMB200 yuan but not more than RMB1,000 yuan shall be imposed on the inPidual.
  Where anyone engages in the activities of catering kitchen waste operational treatment without permission, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to stop the illegal acts and confiscate its illegal gains and a fine of not less than RMB10,000 yuan but not more than RMB30,000 yuan may be imposed on the unit; a fine of not less than RMB200 yuan but not more than RMB1,000 yuan shall be imposed on the inPidual.
  Article 45 Where the enterprise engaging in the catering kitchen waste collection and transportation service arbitrarily dumps, litters or discards the catering kitchen waste in transportation, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to clear away within a prescribed time limit and and a fine of not less than RMB5,000 yuan but not more than RMB10,000 yuan shall be imposed concurrently.
  Article 46 Where the enterprise engaging in the catering kitchen waste collection and transportation service commits any act in violation of the provisions in sub-paragraphs (1) to (5) of Article 21 in the Measures, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to make correction within a prescribed time limit and a fine of not less than RMB5,000 yuan but not more than RMB10,000 yuan shall be imposed concurrently.
  Where the enterprise engaging in the catering kitchen waste treatment service commits any act in violation of the provisions in sub-paragraphs (1) to (10) of Article 27 in the Measures, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to make correction within a prescribed time limit and a fine of not less than RMB10,000 yuan but not more than RMB20,000 yuan shall be imposed concurrently; where loss or losses are caused, the enterprise shall bear the compensation liabilities in accordance with laws.
  Article 47 Where the enterprise engaging in the catering kitchen waste collection, transportation and treatment service closes or suspends operation without permission, the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level shall order it to make correction within a prescribed time limit and a fine of not less than RMB20,000 yuan but not more than RMB30,000 yuan shall be imposed concurrently; where loss or losses are caused,  the enterprise shall bear the compensation liabilities in accordance with laws.
  Article 48 Where the competent department of city appearance and environmental sanitation of the local people"s government at or above the county level and other relevant departments and their staff members commit any one of the following acts, the competent department or the competent department at the higher level shall order them to make correction and give administrative sanctions to the person in charge and other personnel with direct responsibility in accordance with laws; where a crime is constituted, the criminal liabilities shall be investigated into and handled by the judicial organ in accordance with laws:
  (1) approving and issuing the service license of catering kitchen waste collection, transportation and treatment in violation of prescribed power and procedure;
  (2) failing to perform the functions and duties of supervision and administration in accordance with laws;
  (3) failing to investigate into and handle the illegal acts where such acts are found or reported; or
  (4) other acts of abusing power, neglecting duties and engaging in malpractices for personal gains.
  Chapter VII Supplementary Provisions
  Article 49 The Measures shall enter into effect as of June 1, 2011.