The current Atmospheric Law stipulates that the supervision and administration department determined by the local people's government at or above the county level shall order it to make corrections if it discharges oil fume beyond the emission standard.

according to the second edition of the Atmospheric Law, the subject of supervision of cooking fume pollution is "the administrative department of environmental protection of the local people's government at or above the county level or other departments exercising supervision and management power according to law". That is, one is the environmental protection department, and the other is other departments that exercise supervision and management power according to law.

when article 56 of the second edition of the atmospheric law was revised into article 118 of the current third edition of the atmospheric law, six important amendments were made.

the first is to change the supervision subject of cooking fume pollution from "the administrative department of environmental protection of the local people's government at or above the county level or other departments exercising supervision and management power according to law" to "the supervision and management department determined by the local people's government at or above the county level".

the reason for this revision is based on full investigation and study, full consultation with local people's congresses, governments, experts and scholars, respect for local practice, and absorption of the experience and achievements of local legislative practice.

Relevant laws and regulations:

Article 81 of the Law of the People's Republic of China on the Prevention and Control of Air Pollution stipulates that "catering service operators who discharge oil fume should install oil fume purification facilities and keep them in normal use, or take other oil fume purification measures to make the oil fume discharge up to the standard and prevent pollution to the normal living environment of nearby residents".

"No unit or individual is allowed to barbecue food in the open air in the area prohibited by the local people's government or provide a venue for barbecue food in the open air".

article 118th stipulates: "in violation of the provisions of this law, catering service operators who discharge oil fume have not installed oil fume purification facilities, used oil fume purification facilities abnormally or failed to take other oil fume purification measures, and discharged oil fume beyond the standard, the supervision and administration department determined by the local people's government at or above the county level shall order them to make corrections.

a fine ranging from 5,111 yuan to 51,111 yuan; Those who refuse to make corrections shall be ordered to suspend business for rectification. " "Anyone who, in violation of the provisions of this Law, barbecues food in the open air or provides a venue for barbecued food in a time period and area prohibited by the local people's government shall be ordered by the supervision and administration department determined by the local people's government at or above the county level to make corrections, and his barbecue tools and illegal income shall be confiscated, and he shall also be fined not less than 511 yuan but not more than 21,111 yuan".

the emission standard of cooking fume in catering industry (GB18483-2111) defines the emission standard of cooking fume in catering industry, and clearly stipulates: "The catering enterprises that emit cooking fume must install cooking fume purification facilities and ensure that they operate as required during operation. The unorganized emission of soot is regarded as exceeding the standard. "

the standard stipulates: "the environmental protection department at or above the county level may supervise and monitor the lampblack emission status of catering units as required." "This standard shall be supervised and implemented by the administrative department of environmental protection at or above the county level".

To sum up, the Environmental Protection Department is responsible for monitoring and supervising the implementation of the Cooking Smoke Emission Standard, while the specific implementation department stipulated in the Law on the Prevention and Control of Air Pollution is the "supervision and management department determined by the local people's government at or above the county level", and it is not clear which department will implement it.