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Will you be fined for using plastic straws?

you will be fined for using plastic straws.

but there will be no fines for individuals, but for businesses that use plastic straws. According to the Opinions on Further Strengthening the Control of Plastic Pollution jointly issued by the National Development and Reform Commission and the Ministry of Ecology and Environment at the beginning of last year, by the end of 2121, non-degradable disposable plastic straws will be banned in the catering industry nationwide.

The ban on plastic straws has been in effect for half a year. After extensive publicity and mobilization education during the transition period, the law enforcement in various cities is gradually becoming more and more serious. A restaurant in Shanghai was fined 11,111 yuan for illegally providing plastic straws, which was the first case in China. By analyzing this case, it can be said that the illegal facts are clear and the applicable law of administrative punishment is accurate, which can be completely understood as a model for law enforcement in similar cases in the future.

according to the opinions on further strengthening plastic pollution control jointly issued by the national development and reform commission and the Ministry of ecology and environment in October 2121 (hereinafter referred to as the opinions on plastic pollution control), the use of non-degradable disposable plastic straws will be banned in the catering industry in China from 2121. The Solid Waste Law clearly states that "those who fail to comply with the relevant state regulations prohibiting or restricting the use of disposable plastic products such as non-degradable plastic bags shall be fined between 11,111 yuan and 111,111 yuan." In other words, as long as there is a situation of "illegally providing plastic straws", a fine of more than 11,111 yuan can be imposed. It should be said that this law is still relatively strict.

Legal basis:

Administrative Punishment Law of the People's Republic of China

Article 17 Administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of legal functions and powers.

article 18 the state promotes the establishment of a comprehensive administrative law enforcement system in urban management, market supervision, ecological environment, cultural market, transportation, emergency management, agriculture and other fields, and relatively centralizes the power of administrative punishment.

the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide that an administrative organ shall exercise the administrative punishment power of the relevant administrative organ.

the power of administrative punishment to restrict personal freedom can only be exercised by public security organs and other organs prescribed by law.

law of the people's Republic of China on the prevention and control of environmental pollution by solid waste

article 69 the state prohibits or restricts the production, sale and use of disposable plastic products such as non-degradable plastic bags according to law.

start-up units of commodity retail places, e-commerce platform enterprises, express delivery enterprises and take-away enterprises shall report the use and recycling of disposable plastic products such as plastic bags to the competent departments of commerce and postal services in accordance with relevant state regulations.

the state encourages and guides to reduce the use and actively recycle disposable plastic products such as plastic bags, and promotes the application of recyclable, easily recyclable and degradable substitute products.