Notice of Guangzhou Municipal Bureau of Urban Management and Comprehensive Law Enforcement on Printing and Distributing the Measures for the Management of Kitchen Wastes in Guangzhou: Guangzhou Municipal Bureau of Urban Management and Comprehensive Law Enforcement No.7 [2021] Notice of Guangzhou Municipal Bureau of Urban Management and Comprehensive Law Enforcement on Printing and Distributing the Measures for the Management of Kitchen Wastes in Guangzhou District People’s governments, municipal government departments and directly affiliated institutions: In order to strengthen the management of kitchen wastes in Guangzhou, ensure food safety, promote resource recycling and maintain urban environmental sanitation, According to the law of People’s Republic of China (PRC) on the prevention and control of environmental pollution by solid waste, the regulations on the management of urban and rural domestic waste in Guangdong Province, the regulations on the classification management of domestic waste in Guangzhou, the regulations on the management of city appearance and environmental sanitation in Guangzhou and other relevant laws and regulations, combined with the actual situation of our city, our bureau has formulated the measures for the management of kitchen waste in Guangzhou. With the consent of the Municipal People’s Government, it is hereby promulgated, please follow it. I hereby inform you. Guangzhou Urban Management and Comprehensive Law Enforcement Bureau October 26, 2021 Measures for the Management of Kitchen Wastes in Guangzhou Article 1 In order to strengthen the management of kitchen wastes in Guangzhou, ensure food safety, promote resource recycling and maintain urban environmental sanitation, these measures are formulated in accordance with the People’s Republic of China (PRC) Law on the Prevention and Control of Environmental Pollution by Solid Wastes, the Regulations on the Management of Urban and Rural Domestic Wastes in Guangdong Province, the Regulations on the Classified Management of Domestic Wastes in Guangzhou and the Regulations on the Management of City Appearance and Environmental Sanitation in Guangzhou, and other relevant laws and regulations. Article 2 The kitchen waste mentioned in these Measures shall be determined in accordance with the Regulations of Guangdong Province on the Administration of Urban and Rural Domestic Waste, including general kitchen waste and waste edible oil.The measures referred to in general kitchen waste refers to units and individuals engaged in catering services, collective dining distribution and other activities, including hotels, restaurants, restaurants, small restaurants, centralized dining distribution units, unit canteens, etc. (hereinafter referred to as kitchen waste producers), and perishable wastes such as food residues, food processing wastes and expired foods generated in the process of catering services. The measures referred to in waste edible oils and fats refer to animal and vegetable oils and fats that are produced by kitchen waste producers in the process of catering service and do not meet food safety standards, oils and fats extracted from general kitchen waste, and oils and fats produced after oily wastewater is separated by oil-water separator or grease trap. Article 3 These Measures shall apply to the discharge, collection, transportation, disposal and related supervision and management activities of kitchen waste within the administrative area of this Municipality, except for the general activities of self-disposal of kitchen waste nearby. Article 4 The management of kitchen waste shall follow the principles of government leading, market operation, professional supervision and social supervision, and implement graded responsibility, territorial management, standardized discharge, daily production and daily liquidation, unified collection, transportation and centralized disposal. Article 5 The municipal and district people’s governments shall strengthen their leadership in the management of kitchen waste, incorporate the collection, transportation and disposal fees of kitchen waste in the relevant responsible areas into the fiscal budget at the corresponding level in accordance with the special environmental sanitation plan, the relevant national and provincial regulations and the division of responsibilities of the urban governments, ensure the funds for collection, transportation and disposal, and promote the harmless treatment and resource utilization of kitchen waste. Article 6 The municipal administrative department of urban management shall be responsible for the supervision and management of the collection, transportation and disposal of kitchen waste in the whole city, and its main responsibilities are as follows: (1)Guide, coordinate, supervise and inspect the management of kitchen waste in all districts. (two) overall planning and guidance of the city’s kitchen waste disposal facilities. (three) responsible for the delineation of the city’s food waste franchise service area. (four) according to the division of responsibilities of the municipal and district governments, the collection, transportation and disposal units of kitchen waste in the responsible area of the city level shall be determined according to law. (five) standardize and publish the logo, logo style and specifications of the kitchen waste collection and transportation vehicles and containers. (six) to formulate relevant guidelines and technical specifications for the collection, transportation and treatment of kitchen waste, and organize their implementation. Article 7 The district urban management administrative department is responsible for the daily supervision and management of the collection, transportation and disposal of kitchen waste within its jurisdiction, and its main responsibilities are as follows: (1) Supervise and inspect the collection, transportation and disposal of kitchen waste. (II) Issuing the Permit for Operating Cleaning, Collection and Transportation of Urban Domestic Waste and the Permit for Operating Disposal of Urban Domestic Waste for the collection, transportation and disposal units of kitchen waste registered in this area. (three) according to the division of responsibilities of the municipal and district governments, the collection, transportation and disposal units of kitchen waste in the responsible area of the district level shall be determined according to law. (four) the establishment of the kitchen waste management ledger system in this area. (five) to supervise and guide the towns and streets to carry out the management and law enforcement of the collection, transportation and disposal of kitchen waste. Article 8 The town people’s government and sub-district offices shall, according to their respective functions and duties, do a good job in the supervision and management of the discharge and collection of kitchen waste, urge the kitchen waste producers in their respective areas to fulfill the relevant provisions of these Measures, and organize and guide the kitchen waste producers to sign collection and transportation contracts with legally determined kitchen waste collection and transportation units.Organize to investigate and deal with violations of kitchen waste discharge, collection, transportation and disposal according to law, urge kitchen waste producers to pay domestic waste treatment fees in time, reasonably set up kitchen waste collection points, supervise and manage the environmental sanitation of collection points, and establish a kitchen waste management ledger system in their respective jurisdictions. Article 9 The administrative department in charge of development and reform shall be responsible for the project establishment of kitchen waste disposal facilities. The competent administrative department of ecological environment is responsible for the supervision and management of the implementation of pollution prevention and control measures in centralized kitchen waste disposal units, and investigate and deal with environmental violations such as failure to implement pollution prevention and control measures and excessive discharge in centralized kitchen waste disposal units according to law. The administrative department in charge of agriculture and rural areas is responsible for the supervision and management of livestock breeding, urging farms (households) to abide by the provisions of the state on prohibiting the use of kitchen waste that has not been treated harmlessly to feed livestock and poultry, investigating and dealing with illegal acts of dumping kitchen waste into aquaculture waters according to law, and assisting relevant functional departments to investigate and deal with illegal acts of using kitchen waste that has not been treated harmlessly to feed livestock and poultry according to law. The water administrative department is responsible for the supervision and management of drainage behavior to public drainage facilities, and investigate and deal with illegal acts of excessive discharge to public drainage facilities according to law. The administrative department in charge of market supervision and management is responsible for investigating and dealing with illegal acts of food production and operation with kitchen waste as raw materials according to law, and cooperating with the administrative department in charge of urban management to guide the kitchen waste producers to sign a contract for the collection and transportation of kitchen waste with qualified units determined according to law. Other administrative departments in charge of public security, finance, planning, natural resources, housing, urban and rural construction, etc. shall implement supervision and management according to their respective functions and duties.Assist in the implementation of these measures. Article 10 The producers, collection and transportation units and disposal units of kitchen waste in this Municipality are the main bodies responsible for the treatment of kitchen waste, and shall strictly implement the relevant laws, regulations and food safety standards of the State and this Municipality, establish and improve the relevant management system, deal with the problems immediately when found and report to the relevant administrative departments. Article 11 It is forbidden for livestock and poultry farms and farming communities to feed livestock and poultry with kitchen waste that has not been treated harmlessly. Units and individuals engaged in aquaculture production shall not dump kitchen waste into aquaculture waters. Article 12 The charge management system shall be implemented for general kitchen waste according to the principle that whoever produces pays and pays more. The kitchen waste producers shall pay the general kitchen waste treatment fee in accordance with the charging standard of domestic waste treatment fee in our city and relevant regulations. The waste edible oil collected separately by the kitchen waste producer shall be purchased with compensation by the collection, transportation and disposal unit of the waste edible oil that serves the region according to law, and the purchase price shall be determined by the kitchen waste producer and the collection, transportation and disposal unit of the waste edible oil according to the quality and market conditions of the waste edible oil. The collection of domestic garbage disposal fees as stipulated in the first paragraph shall be subject to territorial management, and shall be collected by relevant units authorized by the territorial government. The charging unit shall promptly turn over the collected domestic garbage disposal fees to the finance according to regulations, and implement the management of two lines of revenue and expenditure, which shall be used exclusively for the collection, transportation and disposal of domestic garbage and shall not be used for other purposes. Units that are not paid in full and on time shall be dealt with according to the stranded financial funds. Article 13 The collection, transportation and disposal of kitchen waste shall be franchised.Units or individuals that have not obtained the franchise right shall not collect, transport or dispose of kitchen waste. The provisions of the first paragraph of this article shall not apply to the non-operating collection and transportation activities of general kitchen waste organized by the town people’s government and street offices. Article 14 The municipal administrative department of urban management shall, according to the needs of management, divide the whole city into several service areas for the collection, transportation and disposal of general kitchen waste and waste edible oil, combined with the output of general kitchen waste and waste edible oil, the distribution of disposal facilities and the unified collection and transportation cost. The service area division plan shall be formulated separately by the administrative department of city management. The collection, transportation and disposal unit shall engage in corresponding collection, transportation and disposal activities within the service area agreed in the franchise agreement. Article 15 According to the division of responsibilities between the municipal and district governments, the municipal and district urban management administrative departments shall determine the collection, transportation and disposal units of general kitchen waste and waste edible oil with franchise conditions through open bidding and other market competition methods, and announce them to the public. Article 16 A franchise entity for the collection and transportation of general kitchen wastes and waste edible oils and fats shall meet the following conditions: (1) an enterprise registered according to law; (2) Having a legal road transport business license and vehicle driving license; (3) Having a fixed office space, mechanical equipment and parking places for vehicles; (four) equipped with special collection containers to meet the needs of collection and transportation; (five) equipped with fully enclosed automatic unloading vehicles to meet the demand of collection and transportation, and installed driving recorder, loading and unloading metering system, video monitoring equipment and wireless data transmission system; (6)Having a corresponding number of personnel in key positions such as technology, finance and management; (seven) a sound management system in terms of technology, quality, safety, monitoring and finance; (eight) other conditions stipulated by laws, regulations and rules. A franchise entity for the disposal of general kitchen waste and waste edible oil shall meet the following conditions: (1) an enterprise registered according to law; (2) The disposal facilities meet the design requirements and have passed the project completion acceptance and environmental assessment acceptance respectively, and the disposal site has equipment such as video monitoring and online monitoring of pollutants; (3) The handling capacity of the disposal facilities meets the disposal requirements of the service area; (four) the disposal technology, process and resource products after disposal shall meet the relevant national standards; (five) a sound system of process operation, equipment management, safety production, environmental monitoring, ecological environment protection, measurement and statistics, financial management, etc.; (six) a corresponding number of technical, financial, business and other key positions; (seven) it has a feasible technical scheme for pollution prevention and control, and the pollution prevention facilities and equipment adopted comply with the relevant provisions of the state and this Municipality on the protection and management of ecological environment; (8) Having a plan to deal with emergencies; (nine) other conditions stipulated by laws, regulations and rules. Article 17 According to the division of powers between the municipal and district governments, the municipal and district urban management administrative departments shall sign franchise service contracts with legally determined kitchen waste collection and transportation units and disposal units.Franchise service contracts shall include the types, service scope, service standards, service period, service fees, market withdrawal mechanism and liability for breach of contract of kitchen waste collected, transported and disposed. Article 18 Units engaged in the collection, transportation and disposal of kitchen waste shall apply for the Permit for Operating Cleaning, Collection and Transportation of Urban Domestic Waste and the Permit for Operating Disposal of Urban Domestic Waste in accordance with the relevant provisions of the Measures for the Administration of Urban Domestic Waste and the Provisions of Guangzhou Municipality on the Administration of City Appearance and Environmental Sanitation, and specify that the permitted content is the collection, transportation and disposal of kitchen waste. Article 19 In the process of discharging kitchen waste, kitchen waste producers shall abide by the following provisions: (1) Equipped with a corresponding number of special collection containers for waste edible oils and general kitchen waste that meet the standards, are clearly marked and have identification electronic tags. (2) Waste edible oils and general kitchen wastes shall be collected separately and stored in a sealed manner, and shall not be mixed with other solid wastes. (3) Pretreatment facilities such as oil separation tank and oil-water separator shall be set up and maintained regularly to achieve oil-water separation and discharge up to standard. (four) shall not be directly or crushed kitchen waste discharged into public waters, toilets or municipal drainage pipes. (5) Signing a collection and transportation service contract with the kitchen waste collection and transportation unit legally determined to serve this area. The collection and transportation service contract shall specify the collection and transportation time, frequency, purchase price of waste edible oil, type and quantity of garbage, etc. (6) handing over the kitchen waste to the kitchen waste collection and transportation unit that is legally determined to serve this area for collection and transportation,It shall not be handed over to other units and individuals other than the collection, transportation and disposal units that serve this area according to law. (seven) the establishment of kitchen waste discharge management ledger, detailed records of the type, quantity, collection, transportation and disposal of kitchen waste and other information. Article 20 In the process of collection and transportation service, the collection and transportation unit of kitchen waste shall abide by the following provisions: (1) Equipped with a corresponding number of special collection and transportation vehicles for kitchen waste, and equipped with driving recorders, loading and unloading metering systems, video monitoring equipment and wireless data transmission systems to ensure the normal use of instruments and equipment. (two) the data in the process of operation in real time access to the city’s kitchen waste management information platform. (3) It is not allowed to collect and transport classified general kitchen waste and waste edible oil, and it is not allowed to throw away, scatter kitchen waste or drip sewage along the way; If environmental pollution is caused by dripping, it shall be cleaned up immediately. (four) in the process of collection and transportation, water shall not be mixed into the kitchen waste, and other solid wastes shall not be mixed. (five) to keep the collection and transportation vehicles, collection containers and working areas clean and tidy. (six) in accordance with the provisions of the time, frequency, route and requirements of the classification of kitchen waste to the designated disposal sites, shall not be changed without authorization. (seven) the operation, the implementation of closed transportation, transportation equipment and collection containers should be unified identification, intact and clean. (eight) the kitchen waste shall be handed over to the disposal unit determined according to law to serve the region for harmless treatment. (9) Not to collect and transport kitchen waste across the service area agreed in the franchise agreement without authorization,If it is really necessary to collect and transport kitchen waste across service areas due to emergency support, it should be approved by the municipal administrative department of urban management. (ten) shall not transfer the franchise of food waste collection and transportation, nor shall the franchise project be dismantled and transferred to others. Subcontracting part of the non-main and non-critical work of a franchise project to others shall comply with the provisions of relevant laws, regulations and rules. Article 21 In the process of disposal services, the kitchen waste disposal unit shall abide by the following provisions: (1) Equip the kitchen waste disposal facilities and equipment that meet the disposal needs of the service area as required, and ensure its good operation and clean environment. (two) improve the safety management system, formulate safety emergency plans, equipped with safety facilities, to ensure the safe and stable operation of disposal facilities. (3) It is not allowed to dispose of kitchen waste across the service area agreed in the franchise agreement without authorization. If it is really necessary to dispose of kitchen waste across the service area due to emergency support, it should be approved by the municipal administrative department of urban management. (four) shall not transfer the franchise of kitchen waste disposal, nor shall the franchise project be dismantled and transferred to others. Subcontracting part of the non-main and non-critical work of a franchise project to others shall comply with the provisions of relevant laws, regulations and rules. (5) General kitchen waste that has not been treated harmlessly, waste edible oil that has not been processed or does not meet the corresponding quality standards after processing shall not be transferred to other cities for disposal. (six) strictly abide by the relevant provisions of environmental protection, and regularly carry out environmental monitoring to ensure that the pollutants produced in the disposal process meet the standards.Disposal facilities should be installed and used in accordance with the requirements of metering, video monitoring, online monitoring of pollutants and other equipment. (seven) the products formed by resource utilization shall meet the quality standards stipulated by the state, and the products shall have product quality inspection reports, factory sales flow records and be included in the ledger. (eight) shall not use the waste edible oil and its disposed products to produce and process food, and shall not resell the untreated waste edible oil or the disposed products that do not meet the corresponding product quality standards or use them for other purposes. (nine) the operation data of disposal facilities should be real-time access to the city’s kitchen waste management information platform. Article 22 The municipal administrative department in charge of urban management shall establish a unified information platform for the management of kitchen waste in the whole city, collect information related to the discharge, collection, transportation and disposal of kitchen waste, generate an electronic account and an electronic bill for the management of kitchen waste discharge, collection, transportation and disposal, and realize the information management of the whole process of kitchen waste discharge, collection, transportation and disposal. Twenty-third kitchen waste discharge, collection and disposal of electronic single management. The collection, transportation and disposal of kitchen waste shall be subject to the delivery confirmation system. Producers, collection and transportation units and disposal units of kitchen waste shall mutually confirm their types and quantities when delivering, collecting, transporting and disposing of kitchen waste. If the matters specified in the joint statement are inconsistent with the actual situation, both parties shall record the joint statement and hand it over according to the actual situation. If the delivery party refuses to confirm the joint receipt according to the actual situation, the receiving party may refuse to accept the kitchen waste and report it to the district urban management administrative department in time for handling.Article 24 the kitchen waste discharge, collection, transportation and disposal shall be subject to the ledger management system, and the district urban management administrative department, the town people’s government, the sub-district office, the kitchen waste producer, the collection and transportation unit and the disposal unit shall give priority to using the kitchen waste management information platform to establish an electronic ledger. The management ledger of kitchen waste producers shall truly and completely record the information such as the type, quantity and destination of kitchen waste. The management ledger of the collection and transportation unit shall truly and completely record the signing of the collection and transportation service contract, the source, type, quantity and destination of kitchen waste and other information. The management ledger of the disposal unit shall truly and completely record the sources, types and quantities of kitchen waste, types and quantities of recycled products, records of ex-factory sales flow of recycled products, and operation data of facilities. The retention period of ledger records and vouchers for discharge, collection, transportation and disposal shall not be less than two years. Twenty-fifth kitchen waste disposal units shall not suspend business without approval; If it is really necessary to suspend business, a written report shall be submitted to the municipal administrative department of urban management six months in advance, and the business can be suspended only after approval, except in cases where it is impossible to continue to operate due to force majeure. Article 26 the administrative department of urban management shall supervise and inspect the generation, collection, transportation and disposal of kitchen waste within its jurisdiction by means of ledger inspection, spot check and on-site verification, and establish corresponding supervision and management records. Twenty-seventh any unit or individual has the right to complain and report violations of these measures. The administrative department of urban management shall establish a complaint reporting system,Accept complaints and reports from the public about the illegal activities of the generation, collection, transportation and disposal of kitchen waste, and keep the complainant or informant confidential. After accepting the complaint or report, the relevant functional departments shall promptly go to the site for investigation and handling, and inform the complainant or informant of the handling results within 60 days from the date of accepting the complaint or report. If there are other provisions in laws and regulations, such provisions shall prevail. Twenty-eighth city, district urban management administrative departments should guide and supervise the street town law enforcement team to carry out law enforcement actions regularly. The District People’s Government shall, according to the actual needs of the management of kitchen waste within its jurisdiction, regularly organize relevant functional departments to carry out joint law enforcement. Article 29 Trade associations in catering services, environmental sanitation and ecological environment shall, in accordance with laws, regulations and articles of association, strengthen industry self-discipline, timely reflect industry demands, and provide information consultation, publicity and training, market expansion, rights protection, dispute settlement and other services for kitchen waste producers, collection and transportation units and disposal units. Article 30 Illegal Liability (1) Livestock and poultry farms and farming communities that use kitchen waste that has not been treated harmlessly to feed livestock and poultry in violation of the provisions of the first paragraph of Article 11 of these measures shall be punished by the administrative department of urban management in accordance with the provisions of Article 111 of the Law of People’s Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste. (two) units and individuals engaged in aquaculture production violate the provisions of the second paragraph of Article 11 of these measures, and shall be punished by the administrative department of agriculture and rural areas in accordance with the provisions of Article 40 of the Regulations on Fisheries Management in Guangdong Province. (3) The producer of kitchen waste violates the second paragraph of Article 19 of these Measures,Failing to implement the requirements of separate classification and sealed storage, the competent department of urban management shall be punished in accordance with the provisions of Article 57 of the Regulations of Guangzhou Municipality on the Classification and Management of Domestic Waste. (4) If the kitchen waste producer violates the provisions of Item 6 of Article 19 of these Measures and fails to deliver the kitchen waste to the kitchen waste collection and transportation unit that is legally determined to serve the region, the urban management administrative department shall punish it in accordance with the provisions of Article 111 of the Law of People’s Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste. (5) If the kitchen waste collection and transportation unit violates the provisions of the third paragraph of Article 20 of these measures, it collects and transports classified general kitchen waste and waste edible oil in the process of collection and transportation, or discards, scatters kitchen waste and drips sewage along the way, it shall be punished by the administrative department of urban management in accordance with the provisions of Article 55 of the Regulations on the Administration of Urban and Rural Domestic Waste in Guangdong Province. (VI) The collection and transportation unit of kitchen waste, in violation of the provisions of Item 6 of Article 20 of these Measures, fails to classify the kitchen waste into designated disposal sites according to the specified time, frequency, route and requirements during the collection and transportation process, and shall be punished by the urban management administrative department in accordance with the provisions of Article 58 of the Regulations on the Classification and Management of Domestic Waste in Guangzhou. (7) If the kitchen waste collection and transportation unit violates the provisions of Item 8 of Article 20 of these Measures and fails to hand over the kitchen waste to the disposal unit that serves the region according to law for harmless treatment, the urban management administrative department shall punish it in accordance with the provisions of Article 111 of the Law of People’s Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste. (8)If the kitchen waste producers, collection and transportation units and disposal units violate the provisions of the second paragraph of Article 23 of these Measures and fail to correctly perform the obligation of truthfully recording or timely reporting, the administrative department of urban management shall punish them in accordance with the provisions of Article 60 of the Regulations on the Classification and Management of Domestic Waste in Guangzhou. (9) If a collection and transportation franchise unit or a disposal franchise unit violates laws, administrative regulations and national mandatory standards, seriously endangering public interests, or causing major quality and safety accidents or sudden environmental incidents, the relevant departments shall, in accordance with the provisions of Article 53 of the Measures for the Administration of Infrastructure and Public Utilities Franchising, order it to make corrections within a time limit and impose administrative penalties according to law; Refuses to correct, if the circumstances are serious, the franchise agreement may be terminated; If a crime is constituted, criminal responsibility shall be investigated according to law. In accordance with the provisions of the second and third items of Article 18 of the Measures for the Administration of Municipal Public Utilities Franchise, the competent department shall terminate the franchise agreement according to law, cancel its franchise, and may take over temporarily. Article 31 Before the entry into force of these Measures, the collection, transportation and disposal project of kitchen waste authorized by the government or the service contract of collection, transportation and disposal of kitchen waste executed by the government can continue to collect, transport and dispose of kitchen waste according to the provisions of the project or the contract within the period specified in the project or the validity of the contract. An inter-regional catering chain service enterprise that has signed a contract for the collection, transportation and disposal of kitchen waste with the classified collection, transportation and disposal unit of domestic waste according to law and has actually fulfilled the contract before the implementation of the Regulations on the Management of Domestic Waste Classification in Guangzhou.The third paragraph of Article 34 of the Regulations of Guangzhou Municipality on the Classification and Management of Domestic Waste shall be implemented. Article 32 These Measures shall come into force as of the date of issuance and shall be valid for three years. Disclosure method: voluntary disclosure
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