Chapter I General Principles
Article 1 In order to strengthen the waste management of food processing enterprises, ensure food safety, promote the recycling of resources, and maintain the appearance and environmental sanitation of urban and rural areas, these Measures are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province.
Article 2 The term "wastes produced by food processing enterprises" as mentioned in these Measures refers to food residues and waste edible oils produced in food processing, catering services, collective feeding and other activities other than residents' daily life.
The waste edible oils and fats mentioned in the preceding paragraph refer to animal and vegetable oils and fats that can no longer be eaten and various oil-water mixtures.
Article 3 These Measures shall apply to the generation, collection, transportation, disposal and related management activities of wastes from food processing enterprises within the administrative area of this province.
Article 4 The waste disposal of food processing enterprises shall follow the principles of reduction, recycling and harmlessness.
Promote the integrated operation of garbage collection, transportation and disposal in food processing enterprises.
Fifth provincial people's government housing and urban and rural construction departments responsible for the supervision and management of waste food processing enterprises in the province.
City, county (city, district) people's government department in charge of city appearance and environmental sanitation is responsible for the supervision and management of waste in food processing enterprises within their respective administrative areas.
The relevant departments of the local people's governments at or above the county level, such as development and reform, public security, environmental protection, agriculture, commerce, health, industry and commerce, quality supervision, price, food and drug supervision, shall do a good job in the supervision and management of waste from food processing enterprises according to their respective duties.
Article 6 Local people's governments at or above the county level shall, according to the national economic and social development plan, ensure the investment of waste disposal funds of food processing enterprises. Take measures to encourage the listing of clean vegetables, improve food processing technology, save meals and other ways to reduce the generation of waste in food processing enterprises; Promote the resource utilization and harmless treatment of waste from food processing enterprises through economic and technical means.
Article 7 The waste collection, transportation and disposal expenses of food processing enterprises shall be included in the municipal solid waste treatment expenses, and the local people's government shall give appropriate subsidies to the insufficient part, and formulate overall solutions.
Eighth catering industry associations should play the role of industry self-discipline, participate in the formulation of relevant standards, and standardize industry behavior; Promote methods to reduce waste in food processing enterprises, and bring waste management of food processing enterprises into the rating range of catering enterprises.
Article 9 Any unit or individual has the right to report and complain about acts that violate the waste management regulations of food processing enterprises.
Chapter II Governance Planning and Facilities Construction
Tenth city, county (city) people's government department in charge of city appearance and environmental sanitation shall, jointly with relevant departments, according to the national economic and social development plan, the overall urban planning, etc. , the preparation of environmental sanitation special planning.
The special environmental sanitation plan shall include the contents of waste disposal of food processing enterprises, and make overall arrangements for the layout, land use and scale of waste collection, transportation and disposal facilities of food processing enterprises.
Conditional areas can plan and construct garbage disposal facilities of regional food processing enterprises according to the model of regional master plan.
Article 11 The land for waste treatment facilities of food processing enterprises shall be included in urban and rural planning as the land for environmental sanitation facilities, and no unit or individual may occupy or change its use without authorization.
Article 12 The construction of waste collection and disposal facilities in food processing enterprises shall conform to the special environmental sanitation plan.
Construction projects with the scale of waste treatment facilities of food processing enterprises reaching 100 tons/day or above shall be examined and approved by the investment department of the provincial people's government. The investment department of the provincial people's government shall solicit the opinions of the competent department of housing and urban construction of the provincial people's government when examining and approving the project.
The construction project of garbage disposal facilities of food processing enterprises serving across administrative regions shall be examined and approved by the investment department of the people's government at a higher level. The investment department of the people's government at a higher level shall solicit the opinions of the competent department of city appearance and environmental sanitation of the people's government at the same level when examining and approving the project.
Thirteenth food processing enterprises waste collection and disposal facilities construction survey, design, construction and supervision, should strictly implement the relevant laws, regulations and technical standards.
Fourteenth food processing enterprises waste collection and disposal facilities after the completion of the project, the construction unit shall organize the completion acceptance according to law, to the local people's government construction department for the completion acceptance record and submit the construction project files; At the same time, inform the competent department of city appearance and environmental sanitation of the local people's government. Without acceptance or unqualified acceptance, it shall not be delivered for use.
For the waste disposal facilities of food processing enterprises that have been built and put into operation, the competent department of housing and urban and rural construction of the provincial people's government shall, jointly with relevant departments, formulate harmless grade standards. Harmless rating shall be organized and implemented by the competent department of housing and urban construction of the provincial people's government.
Chapter III Declaration, Collection and Transportation of Wastes from Food Processing Enterprises
Fifteenth food processing enterprises waste classified delivery, professional collection and transportation.
Article 16 The waste generating unit of a food processing enterprise shall sign an agreement with the waste collection and transportation service enterprise of the food processing enterprise and report it to the competent department of city appearance and environmental sanitation of the local people's government for the record; When applying for registration or permission from environmental protection, food and drug supervision and other departments, you should take the initiative to show the agreement.
Seventeenth food processing enterprises waste generating units shall regularly report to the local people's government department in charge of city appearance and environmental sanitation next year.
The newly established waste generating unit of food processing enterprises shall report the waste generation of food processing enterprises to the competent department of city appearance and environmental sanitation of the local people's government within 10 days from the day when the first batch of waste is generated by food processing enterprises.
When applying to declare the waste generation of food processing enterprises, the waste generation unit of food processing enterprises shall submit a copy of the agreement signed with the waste collection and transportation service enterprises of food processing enterprises.
When the business premises of waste generating units of food processing enterprises change or the waste output of food processing enterprises changes greatly, it shall report to the competent department of city appearance and environmental sanitation of the local people's government in time.
Eighteenth food processing enterprises waste generating units shall comply with the following provisions:
(1) Set up waste collection containers of food processing enterprises that meet the standards;
(2) Wastes from food processing enterprises and non-food processing enterprises shall be collected and stored separately, and pollution prevention facilities such as oil-water separators or grease traps shall be set up in accordance with the relevant provisions of environmental protection;
(three) to ensure that the waste collection containers and pollution prevention facilities of food processing enterprises are in good condition, sealed and clean, and keep the surrounding environment clean and tidy;
(four) within 24 hours after the waste of food processing enterprises is produced, the waste of food processing enterprises shall be handed over to the waste collection and transportation service enterprises of food processing enterprises that have signed an agreement with them;
(five) the waste of food processing enterprises shall not be discharged into rainwater pipes, sewage pipes, rivers, lakes, reservoirs, ditches and public toilets.
Article 19 The competent department of city appearance and environmental sanitation of the people's government of the city or county (city) shall make a decision on the license of waste collection and transportation service of food processing enterprises through fair competition such as bidding, issue the license of waste collection and transportation service of food processing enterprises to the winning bidder, and sign an agreement on waste collection and transportation of food processing enterprises with the winning bidder. The operating agreement of waste collection and transportation of food processing enterprises shall clearly stipulate the operating period, service standards, liability for breach of contract and other contents. , and as an annex to the License for Waste Collection and Transportation Services of Food Processing Enterprises.
Units that have not obtained the Service License for Waste Collection and Transportation of Food Processing Enterprises shall not engage in the business activities of waste collection and transportation of food processing enterprises.
Twentieth food processing enterprises engaged in the collection and transportation of kitchen waste shall meet the following conditions:
(1) Having the qualification of an enterprise as a legal person with a registered capital of not less than 3 million yuan;
(two) the waste collection of food processing enterprises should adopt closed special collection containers, and have the function of classified collection;
(three) the waste transportation of food processing enterprises should adopt fully enclosed automatic unloading vehicles, which have the function of preventing odor from spreading, spilling and dripping;
(four) a sound technology, quality, safety and monitoring management system and effectively implemented;
(5) Having a legal road transport business license and vehicle driving license;
(six) a fixed office space and mechanical equipment, vehicle parking places;
(seven) other conditions stipulated by laws and regulations.
Article 21 Food processing enterprises engaged in waste collection and transportation services shall abide by the following provisions:
(a) in accordance with the standards and norms of environmental sanitation operations, timely collect and transport the wastes of food processing enterprises within the specified time. Go to the waste generating unit of food processing enterprises at least once a day to remove the waste of food processing enterprises;
(2) transporting the wastes collected by food processing enterprises to the waste disposal sites of food processing enterprises that meet the requirements of these Measures;
(3) Vehicles used for collecting and transporting wastes from food processing enterprises shall be fully enclosed, automatically unloaded, sealed, intact and neat, and painted with specified identification marks;
(four) the implementation of the system of waste generation, collection, transportation and disposal of food processing enterprises;
(five) the establishment of food processing enterprises waste collection and transportation ledger system, collection and transportation ledger shall be submitted to the local people's government department in charge of city appearance and environmental sanitation once a month;
(six) without the approval of the competent department of city appearance and environmental sanitation of the local people's government, it shall not suspend business without authorization.
Article 22 Where the wastes of food processing enterprises are transported outside the administrative area for disposal, the waste collection and transportation enterprises of food processing enterprises shall file with the competent department of city appearance and environmental sanitation of the local people's government and provide the following materials:
(a) a copy of the business license of the disposal unit and a copy of the disposal permit document;
(two) the certification materials that the products produced by the disposal unit meet the product quality standards or have undergone harmless treatment;
(three) the certificate that the competent department of city appearance and environmental sanitation of the people's government where the disposal unit is located agrees to receive the disposal.
If the materials specified in the preceding paragraph are not provided and not filed, the wastes of food processing enterprises shall not be transported out of their administrative areas for disposal.
Chapter IV Waste Disposal of Food Processing Enterprises
Twenty-third food processing enterprise waste centralized disposal, no unit or individual may arbitrarily dispose of food processing enterprise waste.
It is forbidden to produce and process food with the wastes of food processing enterprises as raw materials, and it is forbidden to raise livestock and poultry with the wastes of food processing enterprises that have not been treated harmlessly.
Twenty-fourth food processing enterprises waste treatment technology and equipment, should comply with the national and provincial standards on waste treatment of food processing enterprises, to prevent environmental pollution. The adoption of new technologies and equipment shall be organized by the competent department of housing and urban construction of the provincial people's government for technical demonstration.
Article 25 The competent department of city appearance and environmental sanitation of the people's government of the city or county (city) shall make a decision on the license for waste disposal of food processing enterprises through fair competition such as bidding, issue a service license for waste disposal of food processing enterprises to the winning bidder, and sign a business agreement for waste disposal of food processing enterprises with the winning bidder. The operating agreement on waste disposal of food processing enterprises shall clearly stipulate the operating period, service standards, liability for breach of contract and other contents. , and as an annex to the License for Waste Disposal Service of Food Processing Enterprises.
Units that have not obtained the Service License for Waste Disposal of Food Processing Enterprises shall not engage in the business disposal activities of waste from food processing enterprises.
Twenty-sixth food processing enterprises engaged in food waste treatment services shall meet the following conditions:
(1) Having the qualification of an enterprise as a legal person, with a scale of no more than 65.438 million tons/day and a registered capital of no less than 5 million yuan; If the scale is above100t/day, the registered capital shall not be less than 50 million yuan;
(two) the site is in line with urban and rural planning, and the corresponding planning permission documents have been obtained;
(3) The technologies and processes adopted meet the relevant standards;
(4) It has a sound management system for process operation, equipment management, environmental monitoring and protection, financial management, safe production, metrology and statistics, and has been effectively implemented;
(5) It has a feasible technical scheme for the treatment of wastewater, waste gas and waste residue from food processing enterprises and a discharge scheme that meets the standards;
(6) Other conditions stipulated by laws and regulations.
Twenty-seventh food processing enterprises engaged in waste treatment services shall abide by the following provisions:
(1) Dispose of wastes generated by food processing enterprises in strict accordance with relevant regulations and technical standards;
(2) Waste water, waste gas and waste residue generated in the process of disposal meet environmental protection standards to prevent secondary pollution;
(3) Food processing enterprises shall comply with the relevant provisions of the state when using microbial agents to treat wastes, and take corresponding safety control measures;
(4) The products produced shall meet the relevant quality standards;
(5) Receiving wastes from food processing enterprises according to the specified time and requirements;
(six) according to the requirements for food processing enterprises equipped with waste treatment facilities and equipment, and ensure its good operation;
(seven) set up waste storage facilities for food processing enterprises in the waste treatment field (factory) of food processing enterprises, and meet the environmental protection standards;
(8) Monitoring the environmental impact as required, testing and evaluating the performance and environmental protection indicators of waste disposal facilities of food processing enterprises, and reporting the testing and evaluation results to the competent department of city appearance and environmental sanitation of the local people's government and the competent department of environmental protection;
(9) A single system shall be implemented for waste disposal, production, collection and transportation in food processing enterprises;
(ten) the establishment of food processing enterprises waste disposal ledger system;
(eleven) without the approval of the competent department of city appearance and environmental sanitation of the local people's government, it shall not suspend business without authorization.
Chapter V Supervision and Administration
Twenty-eighth local people's governments at all levels should establish and improve the supervision and management system of edible oil and food market to prevent food processing enterprises from using waste products to enter food production and operation.
Article 29 The competent department of city appearance and environmental sanitation shall establish and improve the supervision and management system, establish a general information platform for waste generation, collection, transportation and disposal of food processing enterprises, and supervise and inspect the implementation of these Measures by waste generation units and collection, transportation and disposal service enterprises of food processing enterprises.
Thirtieth development and reform departments should strengthen research, improve relevant policies and measures, promote the recycling and harmless treatment of waste in food processing enterprises, and actively support the development of related enterprises.
The competent financial department shall strengthen the supervision and management of the funds for the operation and construction of waste collection, transportation, harmless treatment and resource utilization facilities of food processing enterprises that are included in the management of urban public utilities.
The competent pricing department shall reasonably formulate the charging policy of municipal solid waste treatment fees and related sewage charges, and do a good job in monitoring the price cost of garbage collection, transportation and disposal in food processing enterprises.
Thirty-first agricultural departments should strengthen the supervision and management of the processing of waste from food processing enterprises into fertilizer products, and investigate and deal with the behavior of feeding livestock and poultry with waste from food processing enterprises without harmless treatment according to law.
The competent department of commerce shall strengthen the management of the catering industry, and urge the catering service enterprises to hand over the wastes generated by food processing enterprises to the enterprises that have obtained the permission of collection, transportation and disposal for collection, transportation and disposal; Guide catering service enterprises to operate in good faith, and link waste treatment of food processing enterprises with enterprise rating; Strengthen the supervision and management of non-edible livestock residual oil produced in the process of pig slaughtering.
Article 32 The competent department of environmental protection shall strengthen the prevention and control of environmental pollution caused by waste generated, collected, transported, stored, disposed of and utilized by food processing enterprises, and implement unified supervision and management.
Thirty-third health authorities should strengthen the comprehensive coordination of food safety, strengthen the monitoring of edible oil safety risks, and improve the relevant detection methods.
The competent food and drug supervision department shall strengthen the supervision and management of catering service enterprises. Supervise catering service enterprises to establish and implement the system of edible oil purchase inspection and ticket claim; Investigate and deal with the illegal purchase and use of edible oil processed by waste in food processing enterprises according to law.
Article 34 The competent department of quality and technical supervision shall strengthen the supervision and management of the product quality and standards of processing enterprises that use the wastes of food processing enterprises as raw materials; Investigate and deal with the illegal acts of food production and processing units in making food by using oil processed from waste generated by food processing enterprises.
The administrative department for industry and commerce shall strengthen the supervision of the operation of edible oil in circulation, and investigate and deal with the operation of edible oil that does not meet the national food safety standards according to law.
The public security organ shall strengthen the road traffic safety management of vehicles for collecting and transporting waste from food processing enterprises, and investigate and deal with all kinds of criminal acts of collecting, transporting and disposing waste from food processing enterprises and using oil processed from waste from food processing enterprises that endanger the environment and personal health according to law.
Thirty-fifth city appearance and environmental sanitation departments and other relevant departments have the right to take the following measures when implementing supervision and inspection:
(1) To consult and copy relevant documents and materials;
(two) to require the units and individuals under inspection to explain the relevant issues;
(3) Entering the site for inspection;
(four) to order the relevant units and individuals to correct the illegal acts.
The relevant units and individuals shall support and cooperate with the supervision and inspection, and provide convenience for their work, and shall not hinder or obstruct the supervision and inspection personnel from performing their official duties according to law.
Article 36 The bid-winning enterprises for waste collection, transportation and disposal of food processing enterprises shall be listed in the list of waste collection, transportation and disposal enterprises of food processing enterprises by the competent department of city appearance and environmental sanitation of the people's government of the city or county (city) and announced to the public.
The competent department of city appearance and environmental sanitation of the people's government of the city or county (city) shall entrust an institution with metrological certification qualification to regularly monitor the quantity, quality and environmental impact of waste treatment of food processing enterprises in the waste treatment field (factory) of food processing enterprises.
Article 37 If the service license for waste collection, transportation and disposal of food processing enterprises expires and it is necessary to continue to engage in waste collection, transportation and disposal activities of food processing enterprises, it shall apply to the competent department of city appearance and environmental sanitation of the local people's government for renewal 30 days before the expiration. If the extension is granted, the competent department of city appearance and environmental sanitation of the local people's government shall re-sign a business agreement with the waste collection, transportation and disposal service enterprises of food processing enterprises.
Article 38 If it is really necessary for a food processing enterprise to suspend its business, it shall report to the competent department of city appearance and environmental sanitation of the people's government of the city or county (city) six months in advance, and it shall not suspend its business until it is approved.
The competent department of city appearance and environmental sanitation of the people's government of the city or county (city) shall implement measures to ensure the timely collection, transportation and disposal of waste from food processing enterprises before the service enterprises for waste collection, transportation and disposal close down.
Article 39 The competent department of city appearance and environmental sanitation of the people's government of a city or county (city) shall, jointly with relevant departments, formulate emergency plans for the collection, transportation and disposal of wastes from food processing enterprises, and establish an emergency disposal system for wastes from food processing enterprises to ensure the normal collection, transportation and disposal of wastes from food processing enterprises under emergency or special circumstances.
Food processing enterprise waste collection, transportation and disposal service enterprises shall formulate emergency plans to prevent food processing enterprise waste pollution emergencies, and report to the competent department of city appearance and environmental sanitation of the people's government of the city or county (city) for the record.
Chapter VI Legal Liability
Fortieth acts in violation of the provisions of these measures, laws and regulations have legal liability provisions, from its provisions.
Article 41 Where a waste generating unit of a food processing enterprise commits any of the following acts, the competent department of city appearance and environmental sanitation of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan:
(1) Failing to use standard collection containers to store wastes generated by food processing enterprises;
(2) Failing to store wastes generated by food processing enterprises separately from wastes generated by non-food processing enterprises;
(3) Discharging wastes from food processing enterprises into rainwater pipes, sewage discharge pipes and public toilets;
(4) handing over the wastes of food processing enterprises to units or individuals that do not conform to the provisions of these Measures for collection, transportation and disposal.
Where the waste generating units of food processing enterprises discharge the waste of food processing enterprises into rivers, lakes, reservoirs and ditches, the competent department of city appearance and environmental sanitation of the local people's government at or above the county level or relevant departments shall investigate and deal with it according to law.
Article 42 If the waste generating unit of a food processing enterprise fails to file the waste collection and transportation agreement of the food processing enterprise with the competent administrative department of city appearance and environmental sanitation of the local people's government according to law, the competent administrative department of city appearance and environmental sanitation of the local people's government at or above the county level shall order the filing; Those who refuse to put on record may be fined 1 10,000 yuan but not more than 30,000 yuan.
Article 43 Where livestock and poultry are raised with wastes from food processing enterprises that have not been treated harmlessly, the competent agricultural department of the local people's government at or above the county level shall order it to stop the illegal act; If the circumstances are serious, the unit shall be fined 10000 yuan to 30000 yuan; Impose a fine of more than 200 yuan 1000 yuan on individuals.
Article 44 Whoever engages in collecting and transporting wastes from food processing enterprises without permission shall be ordered by the competent department of city appearance and environmental sanitation of the local people's government at or above the county level to stop the illegal act, confiscate the illegal income and impose a fine of not less than 30,000 yuan but not more than 65,438 yuan on the unit; Impose a fine of more than 200 yuan 1000 yuan on individuals.
Those who engage in waste management and disposal activities of food processing enterprises without permission shall be ordered by the competent department of city appearance and environmental sanitation of the local people's government at or above the county level to stop the illegal act, confiscate the illegal income, and impose a fine of 1 10,000 yuan but not more than 30,000 yuan on the unit; Impose a fine of more than 200 yuan 1000 yuan on individuals.
Article 45 If an enterprise engaged in waste collection and transportation services of food processing enterprises randomly dumps, scatters or discards the waste of food processing enterprises during transportation, the competent department of city appearance and environmental sanitation of the local people's government at or above the county level shall order it to be removed within a time limit and impose a fine of more than 5,000 yuan/kloc-0,000 yuan.
Article 46 Where an enterprise engaged in waste collection and transportation services of food processing enterprises violates the provisions of Items (1) to (5) of Article 21 of these Measures, the competent department of city appearance and environmental sanitation of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 5,000 yuan/kloc-0,000 yuan.
Enterprises engaged in waste treatment services of food processing enterprises, in violation of any of the circumstances in Item (1) to Item (10) of Article 27 of these Measures, shall be ordered by the competent department of city appearance and environmental sanitation of the local people's government at or above the county level to make corrections within a time limit and be fined 1 10,000 yuan to 20,000 yuan; If losses are caused, it shall be liable for compensation according to law.
Article 47 Where an enterprise engaged in waste collection, transportation and disposal services of food processing enterprises closes down or closes down without approval, the competent department of city appearance and environmental sanitation of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine ranging from 20,000 yuan to 30,000 yuan; If losses are caused, it shall be liable for compensation according to law.
Article 48 If the competent department of city appearance and environmental sanitation of the local people's government at or above the county level and other relevant departments and their staff members commit any of the following acts, the competent department or the higher authorities shall order them to make corrections, and the persons in charge and the persons directly responsible shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law:
(a) in violation of the provisions of the authority and procedures, the issuance of food processing enterprises waste collection, transportation and disposal service license;
(2) Failing to perform the duties of supervision and management according to law;
(three) found illegal acts or received a report of illegal acts, not to investigate and deal with according to law;
(four) there are other acts of abuse of power, dereliction of duty, favoritism.
Chapter VII Supplementary Provisions
Article 49 These Measures shall come into force as of June 65438, 20 1 year.
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