Article 1 With a view to strengthening the administration of food waste of this Municipality, maintaining the urban appearance and environment, protecting food safety, and promoting resource recycling, these Measures are formulated in accordance with theLaw of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, theRegulations of Wuhan Municipality on Urban Appearance and Environmental Sanitationas well as other relevant laws, regulations and provisions, and in the light of the actual situation of this Municipality.
Article 2 These Measures are applicable to the food waste treatment and its supervision and administration within the urban areas of this Municipality and other areas where urbanized administration is exercised as determined by the Municipal People’s Government.
The food waste treatment is a process of collection, transport and disposal.
Article 3 The “food waste” as used in these Measures refers to food scraps, food processing waste, and fats, oils, and grease (FOG) waste produced in catering service, employee lunchrooms and food production and processing, not including household food waste.
The “FOG waste” as used in the preceding paragraph refers to animal and plant fats, oils, and grease and various oil water mixtures that are not edible (including oil water mixtures coming from water, smoke and sewage discharge facilities such as oil water separators, oil fume separators or grease interceptors).
Article 4 The administration of food waste in this Municipality shall follow the principle of reduction, recycling and harmlessness, and shall adopt unified collection and transport and centralized disposal.
Minimally processing of fruits and vegetables and dining etiquette are advocated. Reduction of food waste is encouraged, as well as technical development and facility construction in harmless disposal and resource utilization of food waste.
Article 5 The Municipal People’s Government and the people’s governments at the district level (including the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, similarly hereinafter) list the administration of food waste into the performance target and role model appraisals on city administration and food safety, and commend units and individuals that have made remarkable achievements in the aspects of harmless disposal and resource utilization of food waste.
The Municipal People’s Government and the people’s governments at the district level shall incorporate the fund for food waste administration into their fiscal budgets, and give fiscal subsidies to the food waste treatment. The specific subsidizing method is worked out separately by the municipal department of city administration jointly with the municipal department of finance.
Article 6 The municipal department of city administration shall be responsible for the supervision and administration of food waste in this Municipality and for the implementation of these Measures.
The departments of city administration at the district level shall be responsible for the supervision and administration of food waste within their respective administrative areas.
Article 7 The departments of food and drug administration, quality supervision, industrial and commercial administration, agriculture (animal husbandry), environmental protection, commence, tourism, education, urban and suburban development, water, public security, finance and pricing shall, in line with their respective functional assignments, do well in the work related to food waste administration.
Article 8 The catering industry association of this Municipality shall strengthen the trade self-discipline, standardize industrial practices, participate actively in the formulation of relevant standards and specifications, and promote the technologies and approaches for reducing food waste.
Article 9 The food waste generation units shall pay the food waste treatment fee, which is incorporated into the charging system of urban domestic waste and the items and rates of which shall conform to the provisions of the departments of finance and pricing.
Article 10 The municipal department of city administration shall, jointly with relevant departments and based on the urban master plan and overall land use plan, formulate a plan for food waste disposal facilities of this Municipality, which shall be incorporated to the special plan for urban appearance and environmental protection of this Municipality.
The land for food waste disposal facilities shall be incorporated into the urban plan as the land for environmental sanitation facilities, and no units or individuals may occupy it or alter its purpose without authorization.
Article 11 The construction of food waste disposal facilities shall conform to the special plan for urban appearance and environmental sanitation facilities, and the relevant formalities for inspection and approval on investment, construction and environmental protection shall be gone through as provided by the State .
After a project of food waste disposal facilities is completed, the developer shall organize the final acceptance according to law, submit the final acceptance materials and the project archives to the department of urban and suburban development for the record, and meanwhile, inform the department of city administration. A project shall not be delivered for use if its final acceptance materials are not submitted for the record.
Article 12 Enterprises engaged in commercial collection and transport or commercial disposal of food waste shall obtain a license for commercial collection and transport or commercial disposal service.
The departments of city administration at the district level shall, by bid and tender or other fair competition modes, determine and issue the licenses to the units of commercial collection and transport of food waste under their respective jurisdictions. The municipal department of city administration shall, by bid and tender or other fair competition modes, determine and issue the licenses to the units of commercial disposal of food waste.
The departments of city administration at the municipal and district level shall, in accordance with the provisions on franchise management of municipal utilities, sign with the bid winners the franchise agreements on food waste collection and transport or food waste disposal separately, which shall cover the business term, service rates and business areas. Franchise agreements signed by the departments of city administration at the district level shall be submitted to the municipal department of city administration for the record.
Article 13 Whoever engages in the commercial collection and transport of food waste shall meet the following conditions:
(1) having the qualification of legal unit, with a registered capital of not less than RMB3,000,000;
(2) for food waste collection, using totally-enclosed dedicatedcollection containers withsplit bins;
(3) for food waste disposal, using totally-enclosed automatic discharge trucks which prevent from odor spreading, scattering or leakage;
(4) having reliable technology, quality, safety, monitoring and management system, which are implemented effectively;
(5) having legal Road Transport Licenses and vehicle licenses;
(6) having fixed offices and parking places for machines, equipment and vehicles; and
(7) other conditions as specified by laws and regulations.
Article 14 Whoever engages in the commercial disposal of food waste shall meet the following conditions:
(1) having the qualification of enterprise legal person, with a registered capital of not less than RMB5,000,000 for a capacity below 100 tons/day, or not less than RMB50,000,000 for a capacity of or above 100 tons/day;
(2) having a site that conforms to the urban and suburban development plan, and having acquired relevant approval documents for planning and construction;
(3) adopting technologies and processes that conform to relevant standards;
(4) having reliable management systems in the aspects of process control, equipment management, environmental monitoring and protection, financial management, work safety, and quantitative statistics, which are implemented effectively;
(5) having a feasible technical scheme for food waste water, gas and residue treatment and an acceptable discharge scheme; and
(6) other conditions as specified by laws and regulations.
Article 15 The food waste generation and treatment units shall establish a machine account system in accordance with the following provisions:
(1) The food waste generation units shall record the quantity and whereabouts of their food waste;
(2) The food waste collection and transport units shall record the source, quantity and whereabouts of their food waste;
(3) The food waste disposal units shall record the source, quantity, disposal methods, product whereabouts and operation data of their food waste; and
(4) The records shall be true and complete, and be kept for two years or longer.
The food waste generation and treatment units shall submit their machine accounts within the time limit prescribed by the departments of city administration and acquire corresponding receipts.
A manifest system shall be practiced for food waste generation and treatment. The specific measures shall be formulated by the municipal department of city administration separately.
Article 16 The food waste generation units shall abide by the following provisions:
(1) collecting food waste separately, and not mixing it with disposable tableware, non-alcoholic and alcoholic drinks containers, plastic tablecloth and other solid domestic wastes;
(2) placing dedicated collection containers for food waste at prescribed places, and keeping the containers intact and enclosed and the surroundings clean and tidy;
(3) installing pollution control facilities, such as oil water separators, oil fume separators or grease interceptors, keeping their normal use, and ensuring the pollutant discharge conform to relevant standards;
(4) within 24 hours after generation of the food waste, transfer the food waste to the collection and transport units that have acquired licenses or to the urban appearance and environmental sanitation agencies under the departments of city administration at the district level, for unified collection and transport; and
(5) other provisions as specified by laws, regulations and rules.
Article 17 The food waste collection and transport units shall abide by the following provisions:
(1) pursuant to the standards and codes for environmental sanitation, collecting and transporting food waste within a prescribed time limit and at least once a day at the food waste generation units;
(2) collecting and transporting food waste separately from other garbage, with its categories and quantity confirmed by the food waste generation units;
(3) using dedicated trucks and relevant transfer facilities as provided, keeping them intact and clean, and ensuring an enclosed transport;
(4) without scattering, leakage or exposed storage during transport;
(5) signing a service agreement withthe units licensed to dispose food waste, transporting food waste to designated disposal sites, with its categories and quantity confirmed by the disposal units;
(6) other conditions as specified by laws, regulations and rules.
Article 18 The food waste disposal units shall abide by the following provisions:
(1) implementing harmless disposal in accordance with relevant provisions and technical standards;
(2) ensuring that the wastewater, waste gas and waste residue generated during disposal meet the environmental protection standards, so as to prevent a secondary pollution;
(3) in case of treating food waste with microbial agents, abiding by the relevant provisions of the State and taking corresponding safety control measures;
(4) pursuant to relevant provisions and relevant safety technology procedures, employing qualified managers and operators, formulating a detailed management system and an emergency plan to ensure safe operation of treatment facilities;
(5) producing products that meet relevant quality standards;
(6) monitoring the environmental impact as required, detecting and assessing the performance and environmental protection indexes of food waste disposal facilities, and submitting the detection and assessment results to the municipal department of city administration and the municipal department of environmental protection;
(7) not accepting or disposing food waste transported by unlicensed units or individuals; and
(8) other conditions as specified by laws, regulations and rules.
Article 19 During the food waste generation and treatment processes, the following acts are prohibited:
(1) using food waste and its processed products as raw materials in food production or processing;
(2) selling processed FOG waste as edible oil or using it in food processing;
(3) using food waste without harmless treatment in livestock or poultry feeding;
(4) discharging food waste into public utilities like rainwater or wastewater drains, or waters like rivers or lakes;
(5) transporting food waste out of the administrative areas of this Municipality for disposal; or
(6) other acts prohibited by laws, regulations and rules.
Article 20 Unless its business operation cannot be continued due to force majeure, a food waste treatment unit shall not suspend or terminate its business without permission. If a suspension or termination of business is really needed, the unit shall report to the municipal department of city administration three months in advance, and may suspend or terminate its business upon approval.
Article 21 The departments of city administration at the municipal and district levels shall, by paper inspection, field sampling inspection and site verification, strengthen their supervision and inspection over food waste generation and treatment, and establish corresponding supervision and administration archives.
The departments of city administration at the district level shall, within a prescribed time limit, submit to the municipal department of city administration the summarized information about food waste generation and treatment handed over by the relevant units.
The departments of food and drug administration, quality supervision, industrial and commercial administration, agriculture (animal husbandry), and environmental protection shall, within the scope of their respective functions and duties, strengthen their supervision and inspection over the food waste treatment.
Article 22 The municipal department of city administration shall, jointly with relevant departments, establish a common information supervision platform for food waste generation and treatment, and disclose the following information to the public on a regular basis: categories and quantities of food waste generated;
(1) licensing for food waste treatment;
(2) harmless treatment and resourceful utilization of food waste;
(3) punishment against the illegal acts committed by the food waste generation and treatment units; and
(4) other information that shall be disclosed as specified by laws, regulations and rules.
The departments of city administration at the municipal and district levels shall establish a complaint and offence report system to accept from the public the complaints and offence reports against food waste treatment, and inform the complainants or offence reporters of the punishment results. A case which is under the jurisdiction of another department shall be handed over to the right department.
Article 23 Relevant departments and their employees, while exercising supervision and administration of food waste, shall not commit the following acts:
(1) setting extra charging items or increasing the rates without authorization;
(2) requiring enterprises mandatorily to use designated products or accept designated services; or
(3) other acts that disturb enterprises’ normal business operations or damage the legitimate rights and interests of enterprises and enterprise operators.
In case of any act described in the preceding paragraph, the food waste generation and treatment units shall have the right to refuse, and may report or complain to the relevant competent departments and the supervisory organs.
Article 24 The municipal department of city administration shall, jointly with relevant departments, formulate a municipal emergency plan for food waste treatment, establish an emergency treatment system, and ensure normal collection, transport and disposal of food waste in emergencies or special situations.
Article 25 The relevant departments of city administration and food safety administration shall conduct propaganda and education in various ways, popularize the food safety knowledge and relevant legal knowledge on edible oil and other aspects, guide the citizens in scientific consumption, and improve citizens’ awareness of health, food safety and environmental protection. The enterprises’ integrity and self-discipline education shall be intensified, the employees’ trainings shall be increased, and the legal awareness and food safety awareness of food production, service and operation enterprises shall be improved, so as to form a favorable social environment where food safety is guaranteed.
Article 26 Whoever, in violation of these Measures, commits any of the following acts shall be dealt with by a law enforcement department of city administration in accordance with the Measures for the Administration of Municipal Domestic Waste (Order No. 157 of the Ministry of Construction):
(1) whoever engages in commercial collection, transport or disposal of food waste without approval shall be ordered to stop the illegal act and fined RMB30,000 concurrently;
(2) whoever fails to pay the food waste treatment fee as provided shall be ordered to make corrections within a prescribed time limit; an offender who fails to make corrections within the prescribed time limit may be fineda maximum of three times the payable treatment fee and not more than RMB30,000 if such offender is a unit, or a maximum of three times the payable treatment fee and not more than RMB1,000 if such offender is an individual;
(3) in case of scattering or leakage of food waste along the way during transport, a food waste collection and transport unit shall be ordered to stop its illegal act and to make corrections within a prescribed time limit, and be fined not less than RMB5,000 but not more than RMB50,000 concurrently;
(4) a food waste collection and transport unit that violates the provisions of Item (1), (3) or (5) of Article 18 herein shall be ordered to make corrections within a prescribed time limit and be fined not less than RMB5,000 but not more than RMB30,000 concurrently;
(5) a food waste disposal unit that violates the provisions of Item (1), (2), (3), (4) or (6) of Article 19 herein shall be ordered to make corrections within a prescribed time limit and be fined not less than RMB30,000 but not more than RMB100,000 concurrently; if losses are caused, such offender shall bear the responsibility for compensation according to law; or
(6) whoever suspends or terminates its business without approval shall be ordered to make corrections within a prescribed time limit, and be fined not less than RMB10,000 but not more than RMB30,000 if it is a food waste collection and transport unit, or not less than RMB50,000 but not more than RMB100,000 if it is a food waste disposal unit; if losses are caused, such offender shall bear the responsibility for compensation according to law.
Article 27 Whoever, in violation of these Measures, uses the food waste disposal facilities that have not been inspected or have failed to pass such acceptance inspection shall be ordered by a department of urban and suburban development to make corrections and be fined not less than 2% but not more than 4% of the project contract price in accordance with the provisions of the Measures for the Administration of Municipal Domestic Waste; if losses are caused, such offender shall bear the responsibility for compensation according to law.
Article 28 Whoever, in violation of these Measures, commits any of the following acts shall be ordered by a law enforcement department of city administration tomake corrections within a prescribed time limit; whoever fails to make corrections within a prescribed time limit shall be punished in accordance with the following provisions:
(1) whoever fails to establish, record or submit the machine accounts of food waste or to practice the manifest system as provided shall be fined not less than RMB500 but not more than RMB3,000;
(2) whoever fails to collect, transport or store food waste separately as provided and mixes it with domestic waste shall be fined not less than RMB1,000 but not more than RMB10,000;
(3) a food waste generation unit that fails to place dedicated collection containers for food waste as provided or to use dedicated collection containers placed at fixed locations shall be fined not less than RMB1,000 but not more than RMB10,000; or
(4) whoever transfers the food waste to an unlicensed unit or individual for collection, transport or disposal, or accepts and disposes the food waste transported by an unlicensed unit or individual shall be fined not less than RMB1,000 but not more than RMB3,000 if it is an individual, or not less than RMB10,000 but not more than RMB30,000 if it is a unit.
Article 29 Whoever, in violation of these Measures, uses food waste without harmless treatment to feed livestock or poultry shall be ordered by a department of agriculture (animal husbandry) to stop such illegal act and to conduct harmless treatment on thelivestock or poultrythat has been fed directly with the aforementioned food waste within a prescribed time limit, and be fined not less than RMB1,000 but not more than RMB5,000 if it is an individual, or not less than RMB5,000 but not more than RMB30,000 if it is a unit.
Article 30 Violations of these Measures, which concern environmental protection, food safety, water resource and lake protection, or drainage management, shall be dealt with by relevant departments according to law.
Article 31 The departments of city administration, other relevant departments or their employees who commit any of the following acts shall be ordered by their superior competent authorities to make corrections, and the person-in-charge and other persons directly responsible shall be given administrative penalties according to law; if a crime is constituted, criminal responsibilities shall be investigated according to law:
(1) failing to issue the service licenses for food waste collection, transport or disposal as provided;
(2) failing to perform the functions and duties of administrative supervision and administration according to law; or
(3) other acts of abuse of power, neglect of duties or malpractice for personal gains.
Article 32 These Measures shall come into force as of December 1, 2013.
