318 Provisional Measures of the Shenzhen Municipality on the Management of Kitchen Wastes[深圳市餐厨垃圾管理暂行办法(2007)]

Archived（May 31, 2018）

Order of the Shenzhen Municipal People’s Government 

No. 172 

       Provisional Measures of the Shenzhen Municipality on the Management of Kitchen Wastes was deliberated and adopted at the 67^th Executive Meeting of the Fourth Session of the Shenzhen Municipal People’s Government, now is promulgated, and shall take effect as of October 1, 2007. 

                                          Mayor Xu Zongheng 

                                          September 12, 2007 

Provisional Measures of the Shenzhen Municipality on the Management of Kitchen Wastes 

       Article 1 In order to strengthen the management of kitchen wastes, guarantee the safety of food and drink, and raise the level of the urban environmental sanitation, these measures are hereby formulated in accordance with the related laws, regulations, and in light of the practical conditions of this city. 

       Article 2 These measures shall apply to the collection, removal, disposal, supervision and management of the kitchen wastes within the administrative regions of this municipality. 

       Article 3 The kitchen wastes referred to in these measures shall mean the food wastes, expired food produced by catering and service trades, provision units for collective dining, and the food leftovers after on-the-spot food consumption, including discarded edible oil and wastes after cooking.  

       The discarded edible oil referred to in these measures shall mean the animal and vegetable oil which is no longer edible and the mix of discarded edible oil and water. 

       The wastes after cooking referred to in these measures shall mean the other kitchen wastes than the discarded edible oil. 

       Article 4 The municipal, district people’s governments shall organize the related departments to stage propaganda on the management of kitchen wastes, encourage and support the technology development and facilities construction for the disposal of  

kitchen wastes, and advocate the utilization of kitchen wastes as resources. 

       The kitchen wastes which cannot be used as resources shall be turned over to a sanitary landfill to have neutralizing treatment. 

       It shall be prohibited to use kitchen wastes and their processed products as raw materials to produce and process food. It shall be prohibited to use the kitchen wastes, which have not had neutralizing treatment, to feed livestock and poultry.  

       Article 5 The municipal department of urban management (hereinafter referred to as the municipal responsible department) shall be responsible for the unitary management of the kitchen wastes of the whole city, and its main duties shall be as follows: 

(1)   to formulate the measures on the management of kitchen wastes and to organize their implementation; 

(2)   to direct, coordinate, supervise, inspect the various districts’ management of kitchen wastes; 

(3)   to check and issue the licenses for removal, disposal of urban consumer wastes and the permits for vehicles to transport urban consumer wastes; 

(4)   to supervise and manage the operation and use of the facilities to dispose of kitchen wastes; 

(5)   to make investigations and imposes punishments for illegal acts in discharging, removing, and disposing of kitchen wastes. 

Article 6 The district departments of urban management (hereinafter referred to 

as the district responsible departments) shall be responsible for the day-to-day management of kitchen wastes within the areas under their jurisdiction, and their main duties shall be as follows: 

(1)   to carry out the measures on the management of kitchen wastes formulated by the municipal responsible department; 

(2)   to supervise and inspect the producing, collecting, removing of kitchen wastes, and to conduct the through follow-up management; 

(3)   to be responsible for putting the amount of produced kitchen wastes, contracts on removal, sets of bills, statistical tables on record; 

(4)   to make investigations and imposes punishments for illegal acts in discharging, removing, and disposing of kitchen wastes. 

Article 7 The department of quality and technology supervision shall be  

responsible for the supervision of the processing links in the food production chain, strengthen the means of inspection and test, and make investigations and impose punishments according to law for the illegal acts to use kitchen wastes as raw materials to produce, process food. 

       The department of industrial and commercial administration shall be responsible for the supervision of the links in the food distribution chain, put into practice the system of demanding certificates, tickets for the entry into the market, and make investigations and impose punishments according to law for the illegal acts to sell counterfeit, inferior edible oil. 

       The department of health shall be responsible for the supervision of the links in the food consumption chain, make investigations and impose punishments according to law for the illegal acts to use kitchen wastes as raw materials to produce food. 

       The department of environmental protection shall be responsible for the supervision of the pollution control measures of the units producing, disposing of kitchen wastes. 

       The department of agriculture shall be responsible for the supervision of the sites to produce livestock and poultry, make investigations and impose punishments according to law for the illegal acts to use the kitchen waste, which have not had neutralizing treatment, to feed livestock and poultry. 

       The department of water shall be responsible for the supervision and administration of the permits for water discharging, make investigations and impose punishments according to law for acts to discharge kitchen wastes against the permits for water discharging. 

       Article 8 The units engaging in the business of the removal of kitchen wastes shall apply to the municipal responsible department according to the related rules, and obtain the license for the removal of urban consumer wastes and the shipping permit of means of transport.  

       Article 9 The units engaging in the business of the disposal of kitchen wastes shall apply to the municipal responsible department according to the related rules, and obtain the license for the disposal of urban consumer wastes. 

       Article 10 The units producing kitchen wastes shall be responsible for the collection, removal, and disposal of the kitchen wastes produced by them. 

       Article 11 The units producing kitchen wastes shall count the amount of the produced kitchen wastes, delegate the removal of kitchen wastes to the units which have obtained the license for the removal, and sign the contracts on the removal. 

       Article 12 The units producing kitchen wastes shall report the amount of the produced kitchen wastes and submit the contracts on the removal for record to the responsible departments of the districts where the units are located and obtain the acknowledgement of receipt. If an item put on record has changed, the formalities for the change shall be gone through within 5 days from the date of the change. 

       When having the annual inspection of the related certificates and licenses such as Permit for Discharging Pollutants, Health Permit, etc., the units producing kitchen wastes shall present to the departments of environmental protection, health, etc. the acknowledgements of receipt of the contracts on the removal for record.  

       Article 13 The units producing kitchen wastes shall collect kitchen wastes and other urban consumer wastes separately. Colleting containers shall be kept in good conditions and airtight, and have “Collecting Container for Kitchen Wastes” printed on them. 

       It shall be prohibited to directly discharge or randomly dump, throw, pile kitchen wastes in the drainage pipelines. 

       Article 14 The units removing kitchen wastes shall remove kitchen wastes to the units disposing of kitchen wastes or sanitary landfills to be disposed of, and abide by the following rules: 

(1)   to remove kitchen wastes at the units producing kitchen wastes at least once every day (including legal holidays); 

(2)   to collect, remove kitchen wastes and other urban consumer wastes separately; 

(3)   to have totally airtight transportation, to have no dripping, leaking, and scattering in transporting, and to have not left kitchen wastes open for storage during the period of transshipping; 

(4)   the exterior of means of transport should be kept clean and have a prescribed mark sprayed on it. 

Article 15 When disposing of kitchen wastes, the units disposing of kitchen 

wastes and sanitary landfills shall abide by the following rules: 

(1)   to maintain the continuing and smooth operation of the disposal facilities, to report in writing to the municipal responsible department 15 days in advance if the operation of disposal facilities needs to be stopped for normal inspection and repair; 

(2)   to set up and to test, maintain a waste measuring system on a regular basis; 

(3)   to set up a safety office with the full-time personnel of safety management, to improve and put into practice a safety management system, to provided with safety facilities, to make a safety emergency plan, and to guarantee the safe operation of disposal facilities; 

(4)   to take effective pollution-control measures in the process of disposal according to the related rules of the state and this municipality on environmental protection; 

(5)   to follow the related rules of the state on the use of microbial agents and to take the corresponding safety control measures in case of using microbial agents to dispose of kitchen wastes; 

(6)   to make the products meet the quality requirements. 

Article 16 It shall be prohibited for the units disposing of kitchen wastes and 

sanitary landfills to engage in the following activities: 

(1)   to accept, dispose of the kitchen wastes transported by the units and individuals without license; 

(2)   to accept, dispose of the kitchen wastes coming from the places out of this city; 

(3)   to use kitchen wastes as raw materials to produce, process food on their own or to turned kitchen wastes to others to do so. 

Article 17 In case of transporting kitchen wastes to the places out of the city for  

disposal, the units removing kitchen wastes shall report to the municipal responsible department for record and submit the following materials: 

(1)   the copy of the business license of the units undertaking the disposal, the copy of the document to permit the disposal; 

(2)   the certificates that the products meet the quality requirements or the certificates of neutralizing treatment; 

(3)   the certificates that the responsible departments of the places out of the city for disposal agree to accept and dispose of kitchen wastes. 

If the materials referred to in the previous section are not presented and put on 

record, kitchen wastes may not be transported to the places out of the city for disposal.  

       Article 18 The rates and the methods to collect the fees for the removal and disposal of kitchen wastes shall be the same as those to collect the fees for the removal and disposal of urban consumer wastes. The rates and the methods to pay the wastes disposal fees to the units disposing kitchen wastes shall be put into implementation in accordance with Measures of the Shenzhen Municipality on the Administration of the Collection and Use of Urban Consumer Wastes Disposal Fees. 

       Article 19 The system of sets of bills and statistical tables shall be put into practice in the production, removal, and disposal of kitchen wastes. 

       Article 20 The units removing kitchen wastes shall obtain sets of bills from the responsible departments of the places where they are located. A set of bills shall have 4 bills for one set, the unit producing kitchen wastes, the unit removing kitchen wastes, and the unit disposing of kitchen wastes shall keep one bill respectively and put it on file, the last bill shall be one for the record. 

       The following items shall be made clear in a set of bills: the name of the unit, the types and amount of kitchen wastes, the signature of the head of the unit or the signature of another person who is designated by the head to check the bill. 

       In the process of removing kitchen wastes, the set of bills except the bill to be put on file shall go with the cargo, the person to check the set of bills shall verify the items of the set of bills and make sure that the cargo corresponds with what is recorded in the set of bills. 

       Article 21 The units producing, removing, disposing of kitchen wastes or sanitary landfills shall do monthly counting of the items of the sets of bills and fill out statistical tables, affix to them the seals of these units and submit them for record to the responsible departments of the places where these units are located (the units disposing kitchen wastes or sanitary landfills shall attach the bills for the record also). 

       Article 22 The main items under the supervision and inspection by the municipal, district responsible departments shall be as follows: 

(1)   the counting of the amount of produced kitchen wastes, the signing of contracts on removal, and the putting them on record; 

(2)   the implementing of the system of sets of bills by the units producing, removing, disposing of kitchen wastes or sanitary landfills and the putting of monthly statistical tables on record; 

(3)   the operation, use of the facilities to dispose of kitchen wastes; 

(4)   the removal vehicles of the units removing kitchen wastes, the stations of kitchen wastes transshipping. 

The methods of inspection shall include documentary inspection, on-the-spot 

inspection,  and on-the-spot verification.  

       Article 23 The municipal responsible department shall promptly provide the information on the management of kitchen wastes for the related departments, and conduct the joint supervision and inspection of kitchen wastes with the related departments. If any illegal acts are found in the inspection, the related departments shall take coercive measures such as seizure, distress, etc. according to law and impose administrative sanctions. 

       Article 24 The municipal, district responsible departments shall accept the reports and complains from the public against illegal activities concerning kitchen wastes through the channels such as setting up a hotline telephone for reporting, etc. After accepting reports and complaints, the municipal, district responsible departments shall promptly make on-the-spot investigations, handle the problems, and inform reporters or complainants of the results within 15 business days. 

       If a report or a compliant is checked and found true, the municipal responsible department may give a reward.  

       Article 25 The system of scores and public announcements shall be put into practice in the management of kitchen wastes. 

       If the units producing, removing, disposing of kitchen wastes or sanitary landfills violate these measures, the municipal responsible department shall deduct their scores according to rules in addition to imposing administrative sanctions according to law. If the deducted scores of a unit reach a certain amount, the municipal responsible department shall make a public announcement of the name of the unit violating the measures, the cause to deduct scores, and the deducted scores. 

       The specific methods of scoring and making public announcement shall be formulated by the municipal responsible department separately. 

       Article 26 In case of violation of Articles 8, 9 of these measures by engaging in the business of removing or disposing of kitchen wastes without license, the municipal responsible department shall order to stop illegal acts and impose a fine of 30,000 RMB. 

       Article 27 If any unit and individual use the kitchen wastes, which have not had neutralizing treatment, to feed livestock and poultry, the municipal department of agriculture shall order to stop illegal acts, to have the livestock and poultry fed directly by the kitchen wastes accept the neutralizing treatment, and impose a fine of more than 1,000 but less than 3,000 RMB. 

       Article 28 If a unit producing kitchen wastes violates these measures by taking one of the following acts, the municipal, district responsible departments shall order to stop illegal acts and to correct by a deadline: 

(1)   to delegate the removal of kitchen wastes to individuals or the units without license; 

(2)   as it has been verified, the amount of the actually produced kitchen wastes exceed the amount reported by the unit producing kitchen wastes by 20%; 

(3)   to fail to report the amount of produced kitchen wastes or submit the contract on removal to the district responsible department for record; 

(4)   to fail to collect kitchen wastes and other urban consumer wastes separately; 

(5)   to fail to keep collecting containers in good conditions and airtight, and print “Colleting Container for Kitchen Wastes” on them; 

(6)   to dump, throw, and pile kitchen wastes randomly. 

If a unit producing kitchen wastes takes the act referred to in Item (1) of the 

previous section, a fine of more than 20,000 but less than 50,000 RMB shall be imposed; in case of taking one of the other acts referred to in the previous section, a fine of more than 1,000 but less than 3,000 RMB shall be imposed. 

       Article 29 If a unit removing kitchen wastes violates these measures by taking one of the following acts, the municipal, district responsible departments shall order to stop illegal acts and to correct by a deadline: 

(1)   to use the vehicles, which have not obtained shipping permits, in the activities of removal; 

(2)   to fail to report and submit the materials for record when transporting kitchen wastes to the places out of the city for disposal; 

(3)   to turn over the removed kitchen wastes to individuals or the units without license for disposal; 

(4)   to fail to reach the number of times per day to remove kitchen wastes; 

(5)   to fail to collect, remove kitchen wastes and other urban consumer wastes separately; 

(6)   to fail to carry out the through airtight transportation or to leave kitchen wastes open in storage during the period of transshipping; 

(7)   to fail to keep the exterior of means of transport clean and spray the prescribed mark on it. 

If a unit removing kitchen wastes takes one of the acts referred to in Items (1), (2), 

(3) of the previous section, a fine of more than 10,000 but less than 30,000 RMB shall be imposed, if the circumstances are serious, the license for removing urban consumer wastes shall be revoked according to law; in case of taking one of the acts referred to in Items (4), (5), (6), (7) of the previous section, a fine of more than 1,000 but less than 3,000 RMB shall be imposed. 

       Article 30 If a unit disposing of kitchen wastes and a sanitary landfill violates these measures by taking one of the following acts, the municipal responsible department shall order to stop illegal acts, to correct by a deadline, and impose a fine of more than 30,000 but less than 100,000 RMB; if the circumstances are serious, the license for disposing of urban consumer wastes shall be revoked according to law: 

(1)   to fail to maintain the continuing and smooth operation of the disposal facilities, to fail to report in writing to the municipal responsible department 15 days in advance of a normal inspection and repair; 

(2)   to fail to set up and to test, maintain a waste measuring system; 

(3)   to accept, dispose of the kitchen wastes coming from the places out of the city; 

(4)   to accept, dispose of the kitchen wastes removed by individuals or the units without license; 

(5)   to use kitchen wastes as raw materials to produce, process food on its own or to turn the kitchen wastes to others to do so. 

If a unit disposing of kitchen wastes violates the other stipulations of Article 15 of  

these measures, the related departments shall impose punishments within the scope of their respective duties according to law. 

       Article 31 If the units producing, removing, disposing of kitchen wastes or sanitary landfills violate the stipulations set by the system of sets of bills and statistical tables, the municipal, district responsible departments shall order to correct by a deadline; if the correction has not been made after the deadline, a fine of more than 1,000 but less than 3,000 RMB shall be imposed. 

       Article 32 The catering and service trade referred to in these measures shall mean the trades of food production and distribution which provide food, consumption places and facilities for consumers by means of processing and producing, commercial marketing, and service labor, etc., including restaurants, snack bars, fast-food shops, canteens, etc. 

       The provision units for collective dining referred to in these measures shall mean the units which engage in centralized production and separate delivery of food according to the orders of collectives to be served, but provide no place for dining.  

       Article 33 The expired food referred to in these measures shall mean the food whose term of guaranteed quality expires according to Item (9) of Article 9 of Law of the People’s Republic of China on Food Hygiene. 

       The departments of quality inspection, agriculture, industrial and commercial administration, etc. shall, in accordance with laws, regulations such as Law of the People’s Republic of China on Food Hygiene, etc., strengthen the supervision and administration of the expired food produced by the other enterprises of food production and distribution than the catering and service trades and the provision units for collective dining. 

       The other enterprise of food production and distribution than the catering and service trades and the provision units for collective dining shall be encouraged to report, remove, and dispose of the expired food in light of these measures.