The hotel was given a warning for wasting 43 bottles of water and not posting anti-waste signs. Is there any legal basis? Is the hotel or the enterprise or institution holding the meeting the main responsible party for accountability and waste?
A number of lawyers said that the administrative punishment was in line with the Anti-Food Waste Law of People's Republic of China (PRC). As a manager, the hotel has the behavioral obligation to remind the wasteful behavior. The administrative penalty imposed on the hotel by the Market Supervision Administration is based on the fact that the hotel, as a catering service operator, failed to post anti-food waste signs as required.
Triggered a hot discussion among netizens
Dump 43 bottles of Kaifeng mineral water after presiding over the meeting.
A hotel in Nanjing was ordered to rectify.
On March 7, a hotel in Jiangning District, Nanjing dumped 43 unopened bottles of mineral water after hosting a meeting of 48 people, which was warned by law enforcement officers of Nanjing Municipal Market Supervision Administration and triggered a heated discussion among netizens.
The video shows that the hotel staff is pouring the unopened mineral water in the meeting room into the bucket, next to the staff of the Market Supervision Administration who came to make a surprise inspection. Law enforcement officers also found that the restaurant's lobby dining area did not post anti-food waste signs as required, and the hotel did not take the initiative to remind consumers to prevent food waste, which violated the Anti-Food Waste Law of People's Republic of China (PRC), so they issued an administrative penalty decision on the spot, warned the company and ordered it to rectify immediately.
Video screenshot
Some netizens questioned that "the law enforcement officers of the State Administration of Markets should not punish hotels, but should warn enterprises and institutions that hold meetings." Some netizens also believe that there is nothing wrong with the punishment decision of law enforcement officers. During the meeting, it is suggested to use 330 ml or less mineral water to reduce waste. Some local netizens in Jiangsu pointed out that hotels are the hardest hit areas for waste, and water and food are wasted very seriously for meetings or banquets.
On the 7th, Red Star journalists randomly consulted several hotels providing conference services in Nanjing. According to the staff of the hotel, it is actually very common not to post in a conspicuous position in the store, or to put signs against food waste, and most hotels will provide mineral water supply services during the conference. Some hotels are also concerned about the waste of bottled water. At present, bottled mineral water is mostly used in conference rooms to provide disposable paper cups for participants.
Nanjing State Administration of Market Supervision:
I hope to take this case as a starting point.
Carry out comprehensive anti-waste work
On the afternoon of the 7th, Red Star News learned from Nanjing Jiangning District Market Supervision Administration that the administrative punishment made by law enforcement departments in the video was executed by Nanjing Market Supervision Administration. "At present, the hotels involved have been rectified. Not only anti-waste slogans were posted in meetings and lobbies, but also hotel service personnel were required to strengthen communication with guests to remind them to avoid waste. "
The staff of Nanjing State Administration of Market Supervision said that in view of netizens' views and confusion on this matter, they have paid attention to the fact that the resulting national discussion can also help the anti-waste propaganda work. "We hope to take this case as a starting point, comprehensively launch anti-waste work and increase publicity."
In view of future anti-waste actions, the above-mentioned staff said that (Nanjing) city will deploy relevant work, and administrative guidance measures will become more and more specific in the implementation process.
The lawyer said:
Although the hotel is not the main body of wasteful behavior.
However, it did not take the initiative to remind whether the punishment was in compliance with the regulations.
Fu Jian, director of Henan Jinze Law Firm, told Red Star News that 48 bottles of mineral water were placed at the venue, and 43 bottles of unsealed mineral water were dumped after the meeting. There are many factors influencing this wasteful behavior. Perhaps the participants were not conscious enough to waste the unfinished water at will, and secondly the organizer was not careful enough to remind the participants. As the organizer of this conference, the hotel is also to blame, and the law enforcement department punished the hotel for complying with relevant regulations. Moreover, according to the principle of proportionality, it is reasonable for law enforcers to ask the hotel to rectify and give a warning.
Fu Jian said that judging from the punishment information and legal provisions, the basis of law enforcement behavior is the Anti-Food Waste Law, which was formally implemented on April 29th, 20021year. It is the operator's responsibility that the operator fails to remind consumers to prevent food waste. Conference organizers use hotel venues to hold activities, which belongs to consumption behavior. Although it is not the main body of waste behavior, the hotel as a manager has the obligation to urge the organizers to save resources and oppose extravagance and waste, "instead of indulging the organizers' waste behavior."
In Fu Jian's view, the warning given by law enforcement officers to hotels is not for punishment, but to remind catering service operators to establish environmental awareness of saving resources and avoiding extravagance and waste, and advocate civilized, healthy and environmentally friendly consumption patterns.
Lawyer Zhao Liangshan, a partner of Shaanxi Hengda Law Firm, also told Red Star News that the administrative penalty imposed on the hotel by the Market Supervision Administration was based on the fact that the hotel, as a catering service operator, failed to post the anti-kitchen waste logo as required, which violated the relevant provisions of the People's Republic of China (PRC) Anti-kitchen Waste Law.
The regulations require that catering service operators should take the initiative to remind consumers to prevent food waste, post or place signs to prevent food waste in eye-catching positions, or be prompted by service personnel to guide consumers to order food in moderation as needed. If the operator fails to take the initiative to remind consumers to prevent food waste, the competent department shall order it to make corrections and give a warning. Therefore, the administrative punishment imposed on the hotel by the law enforcement officers of the Market Supervision Administration complies with the law.
Zhao Liangshan pointed out that it is everyone's responsibility to save resources. Whether it is CD operation or light bottle operation, reducing waste is the proper meaning. "From the perspective of reminding to prevent waste, it is understandable to punish the hotel."