Procedures of Shanghai Municipality on the Administration of the Disposal of Kitchen Wastes

· Document Number：Decree of Shanghai Municipal People's Government No. 98

· Area of Law： Catering Services

· Level of Authority： Local Government Rules

· Date issued：12-26-2012

· Status： Effective

· Issuing Authority： Shanghai Municipality

Procedures of Shanghai Municipality on the Administration of the Disposal of Kitchen Wastes
(Promulgated by Decree No. 45 of Shanghai Municipal People's Government on January 13, 2005; amended for the first time according to the Decision of Shanghai Municipal People's Government on Amending 148 Government Regulations Including the Interim Procedures of Shanghai Municipality on the Disposal of Agricultural Machine Accidents promulgated by Decree No. 52 of Shanghai Municipal People's Government on December 20, 2010; amended for the second time according to the Decision of Shanghai Municipal People's Government on Amending the Procedures of Shanghai Municipality on the Administration of the Disposal of Kitchen Wastes promulgated by Decree No. 98 of Shanghai Municipal People's Government on December 26, 2012 and re-promulgated)
Article 1 (Purposes and Basis)
With a view to strengthening the administration of the disposal of kitchen wastes of this Municipality, maintaining the cleanness and tidiness of the city appearance and environment, and ensuring the physical health of citizens, these Procedures are formulated according to relevant laws and regulations, and the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.
Article 2 (Definition of Relevant Terms)
The kitchen wastes mentioned in these Procedures refer to the food leftovers and food processing wastes produced in the activities of food processing, restaurant service and unit canteens excluding citizens' domestic garbage.
Article 3 (Application Scope)
These Procedures apply to the collection, transportation, disposal, and other relevant management activities of kitchen wastes within the administrative area of this Municipality.
These Procedures shall not apply to the administration of the disposal of kitchen waste oils.
Article 4 (Administrative Department)
Shanghai Municipal Greening and City Appearance Administration (hereinafter referred to as the MGCAA) shall be responsible for the administration of the disposal of kitchen wastes in this Municipality; the district/county greening and city appearance departments shall be responsible for the routine administration of the disposal of kitchen wastes in their respective administrative areas.
The relevant administrative departments of environmental protection, industry and commerce, public security, agriculture, commerce, food and drug supervision, sanitation, quality and technical supervision of this Municipality shall, according to their respective functions and duties, coordinate in the implementation of these Procedures.
Article 5 (Minimizing and Recycling)
This Municipality promotes the minimization of the production of kitchen wastes by means of marketing pre-processed vegetables and improving food processing technology.
This Municipality encourages the recycling of kitchen wastes as useful resource.
Article 6 (Main Body of Duties)
The kitchen wastes producing units, such as food processing units, restaurants and unit canteens (including self-employed workers, the same below) shall have the duties of collection, transportation, and disposal of kitchen wastes.
Article 7 (Reporting of Waste Production)
The kitchen wastes producing unit shall report annually to the local greening and city appearance department the type and quantity of its kitchen wastes.
Article 8 (Requirements on Collection)
The kitchen wastes producing unit shall, according to the Provisions of Shanghai Municipality on the Installation of Urban Environmental Sanitation Facilities, install standardized containers for the collection of kitchen wastes.
The kitchen wastes producing unit shall collect kitchen wastes and non-kitchen wastes separately.
The kitchen wastes producing unit shall keep the kitchen wastes collecting containers in good condition and ensure their normal use.
This Municipality encourages the kitchen wastes producing unit to install the kitchen wastes disposal devices.
Article 9 (Self Collection and Disposal)
The kitchen wastes producing unit shall, if collecting and disposing kitchen wastes by itself, meet the requirements provided by the MGCAA, and report to the district/county greening and city appearance department for filing before its first time collection and transportations of the wastes.
In case the kitchen wastes producing unit disposes kitchen wastes by using microbial treatment devices by itself, it shall, according to the provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, go through relevant procedures with the MGCAA or the district/county greening and city appearance department for its microbial disposal devices.
Except the cases of self collection and disposal of kitchen wastes as provided in Clause I and Clause 2 of this Article, the kitchen wastes shall be collected and disposed by the collection and disposal unit as provided in Article 10 and Article 13 of these Procedures.
Article 10 (Collection and Transportation Unit)
The domestic garbage collection and transportation unit designated through public bidding organized by the MGCAA or the district/county greening and city appearance department shall be the collection and transportation unit of kitchen wastes within the same area, and shall be responsible for the collection and transportation of kitchen wastes within the area.
Article 11 (Requirements for Collection and Transportation)
The unit engaged in kitchen wastes collection and transportation shall, when collecting and transporting the kitchen wastes, get the confirmation from the kitchen wastes producing unit of the categories and quantity of the kitchen wastes.
The unit engaged in kitchen wastes collection and transportation shall, at the delivery of kitchen wastes, get the confirmation from the wastes disposal unit of the categories and quantity of the kitchen wastes delivered.
The kitchen wastes shall adopt the sealed transportation, and be ensured that no leakage or scattering happens in the process of transportation.
The vehicles and equipment for the transportation of kitchen wastes shall be kept in clean, tidy and good condition.
Article 12 (Day-to-day Account of Collection and Transportation)
The unit engaged in kitchen wastes collection and transportation shall set up a day-to-day account for recording the collection and transportation, and report quarterly to the district/county greening and city appearance department the source, categories, and quantity of kitchen wastes it collected and transported in the preceding quarter of the year, and the situations of the wastes disposal unit.
Article 13 (Disposal Unit)
The kitchen wastes disposal unit shall be designated by the district/county greening and city appearance department through public bidding.
The MGCAA and the district/county greening and city appearance department shall announce to the public the name, categories of wastes for disposal, and business location of the kitchen wastes disposal unit.
Article 14 (Requirements for Disposal)
The unit engaged in kitchen wastes disposal shall, according to the standard of urban domestic garbage disposal, implement decontaminated disposal, and maintain the city appearance and environmental sanitation around the disposal site.
The unit engaged in kitchen wastes disposal shall, according to relevant state and municipal provisions on environmental protection, adopt effective measures of pollution prevention in the process of disposal. In case of using microbial inocula to dispose kitchen wastes, the unit shall, according to the provisions of the Procedures of Shanghai Municipality on the Control of Environmental Safety in Use of Microbial Inocula, use the microbial inocula that has environmental safety license, and take appropriate measures of safety control.
Article 15 (Day-to-day Account of Disposal)
The unit that engages in kitchen wastes disposal shall open a day-to-day account for recording the disposal, and report quarterly to the district/county greening and city appearance department the source, categories, and quantity of kitchen wastes disposed in the preceding quarter of the year.
Article 16 (Gathering of Reported Information)
The district/county greening and city appearance department shall, after gathering the information of the producing, collecting and transporting and disposing of kitchen wastes reported by relevant units, submit the information to the MGCAA.
Article 17 (Disposal Fee)
Except the units that dispose of kitchen wastes by themselves through microbial treatment devices, the kitchen wastes producing unit shall, according to the categories and quantity of kitchen wastes collected and transported by the collecting and transporting unit, pay kitchen wastes disposal fees to the agency designated by the district/county greening and city appearance department. The detailed fee-collecting standard and method shall be separately formulated by the municipal administrative department of price control jointly with the MGCAA.
The MGCAA or the district/county greening and city appearance department shall pay collecting and transporting fee to the collecting and transporting unit according to the categories and quantity collected; and pay disposal fee to kitchen wastes disposal unit according to relevant agreements of the public bidding for disposal.
Article 18 (Acts Forbidden)
In the process of collection, transportation and disposal of kitchen wastes, the following acts are forbidden:
1.arbitrarily engaging in the collection, transportation and disposal of kitchen wastes;
2.using kitchen waste as livestock and poultry fodder;
3.supplying kitchen wastes to the unit or individual other than those provided in Article 10 and Article 13 of these Procedures for collection and transportation;
4.mixing kitchen wastes with other domestic garbage for collection and transportation; and
5.storing kitchen wastes in uncovered manner.
Article 19 (Supervision and Inspection)
The MGCAA and the district/county greening and city appearance department shall strengthen the supervision and inspection on the activities of collection, transportation and disposal of kitchen wastes; and may, jointly with relevant administrative departments of industry and commerce, environmental protection and agriculture, conduct joint examination and handling of the illegal acts of kitchen wastes collection, transportation and disposal.
The unit or individual being inspected shall report the true facts, provide material relevant to the inspection items, shall not play trickery or hide the facts, and shall not refuse or interfere with the inspection by the administrative personnel.
Article 20 (Complaint and Report)
The MGCAA and the district/county greening and city appearance department shall establish a complaint and report system to accept and handle the public's complaint and report against the activities of kitchen wastes collection, transportation and disposal. After accepting and handling the complaint or report, the MGCAA and the district/county greening and city appearance department shall go to the site for supervision and inspection in a timely manner, and inform the complainer or reporter of the handling result within 15 days.
Article 21 (Supervision File and Award and Punishment Measures)
The MGCAA and the district/county greening and city appearance department shall strengthen the supervision and inspection on the kitchen wastes producing unit, the collection and transportation unit and the disposal unit, and establish corresponding supervision files.
To the units whose quantity of kitchen wastes is lower than the average quantity in the same trade for three consecutive years, the MGCAA shall publish their names and may give them certain awards. The detailed procedures of awarding shall be separately formulated by the MGCAA.
To the acts that violate the provisions on kitchen wastes collection, transportation and disposal, this Municipality shall, in addition to the imposition of administrative punishment according to law, adopt a system of accumulated scoring. To the units whose accumulated scores reach the provided scores, The MGCAA or the district/county greening and city appearance department may terminate the agreements of collection, transportation and disposal signed with them at the public bidding; the unit whose agreement is terminated shall not be allowed to participate in the public bidding for garbage collection, transportation and disposal in this Municipality for three years. The detailed procedures of scoring shall be separately formulated by the MGCAA.
Article 22 (Administrative Punishment)
To the acts in the commercial activities that violate these Procedures, with the exception of those separately provided by laws and regulations, the greening and city appearance department or the urban management and law enforcement department shall impose punishment according to the following provisions:
1.An act of not having gone through the procedures of reporting in violation of the provisions of Article 7 of these Procedures shall be ordered a rectification within a time limit; in case of failing to rectify within the time limit, a fine of not less than 100 yuan but not more than 1,000 yuan shall be imposed.
2. An act of not having installed kitchen wastes collecting containers or not having kept the collecting containers in good condition for normal use in violation of the provisions of Clause 1 and Clause 3 of Article 8 of these Procedures shall be ordered a rectification within a time limit; in case of failing to rectify within the time limit, a fine of not less than 300 yuan but not more than 2,000 yuan shall be imposed.
3. An act of not having opened a day-to-day account for recording the collection, transportation and disposal, or not having reported the situations of collection, transportation and disposal in violation of the provisions of Article 12 and Article 15 of these Procedures shall be ordered a rectification within a time limit; in case of failing to rectify within the time limit, a fine of not less than 100 yuan but not more than 1,000 yuan shall be imposed.
4. An act of not having paid kitchen wastes disposal fees in violation of the provisions of Clause 1 of Article 17 of these Procedures shall be ordered a make-up payment within a time limit; in case of failing to pay the make-up payment within the time limit, a fine of 500 yuan per ton (less than one tone is calculated as one tone) shall be imposed, however, the fine shall not exceed 30,000 yuan.
5. An act of arbitrarily engaging in kitchen wastes collection, transportation and disposal, or using kitchen wastes as livestock and poultry fodder in violation of the provisions of Item 1, Item 2 and Item 3 of Article 18 of these Procedures, or an act of supplying kitchen wastes to the unit or individual other than those named by Article 10 and Article 13 of these Procedures for collection, transportation or disposal shall be ordered a rectification within a time limit, and a fine of not less than 3,000 yuan but not more than 30,000 yuan may be imposed.
With any one of the situations listed in the preceding clause occurred in non-commercial activities, and except those separately provided by laws and regulations, the greening and city appearance department or the urban management and law enforcement department shall order a rectification within a time limit; in case of failing to make the rectification within the time limit, a fine of not less than 100 yuan but not more than 1,000 yuan shall be imposed.
Article 23 (Handling of Violation of Provisions on Environmental Protection)
The environmental protection department shall handle the matters that do not meet the requirements on environmental protection in the process of kitchen wastes disposal according to relevant provisions of the State and this Municipality.
Article 24 (Reconsideration and Lawsuit)
The party concerned who does not accept the specific administrative acts made by relevant administrative departments may, according to the provisions of the Law of the People's Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People's Republic of China, apply for administrative reconsideration or lodge an administrative lawsuit.
In case that the party concerned does not apply for a reconsideration, nor lodge a lawsuit, nor perform the specific administrative act within the time limit, the department that has made the specific administrative act may apply to the people's court for enforcement.
Article 25 (Effective Date and Repeal Item)
These Procedures shall be effective as of April 1, 2005. The Procedures of Shanghai Municipality on the Administration of Preventing and Controlling Pollution of Waste Edible Oils promulgated by Decree No. 80 of Shanghai Municipal People's Government on December 29, 1999 shall be repealed at the same time.