Eliminate (or reduce) harmful substances on products, reduce the consumption of raw materials and energy in the production process, reduce production costs and reduce the harm to human health and the environment. Temporary measures vary from place to place. For example, enterprises in Dongguan passed the cleaner production audit, and the city rewarded 300,000 yuan; Guangdong enterprises passed the cleaner production audit, and the province rewarded 50,000 yuan; The Hong Kong Productivity Council awarded 6.5438+0.9 million to Hong Kong-funded enterprises in the Pearl River Delta, as well as energy conservation and emission reduction projects. Detailed policies can be found on relevant government websites.
Decree number. State Environmental Protection Administration 16
In order to fully implement cleaner production and standardize cleaner production audit behavior, according to the Cleaner Production Promotion Law of People's Republic of China (PRC) and the division of responsibilities of relevant departments in the State Council, the National Development and Reform Commission and the State Environmental Protection Administration formulated and deliberated and adopted the Interim Measures for Cleaner Production Audit, which are hereby promulgated and shall come into force as of June 6, 2004.
Director of National Development and Reform Commission: Ma Kai.
Director of State Environmental Protection Administration: Xie Zhenhua.
August 2004 16
Chapter I General Principles
Article 1 In order to promote cleaner production and standardize cleaner production audit, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on the Promotion of Cleaner Production.
Article 2 The cleaner production audit mentioned in these Measures refers to the process of investigating and diagnosing the production and service processes according to certain procedures, finding out the causes of high energy consumption, high material consumption and heavy pollution, proposing to reduce the use and generation of toxic and harmful substances, reducing energy consumption, material consumption and waste generation, and then selecting a technically, economically and environmentally feasible cleaner production scheme.
Article 3 These Measures shall apply to all units engaged in production and service activities and departments engaged in related management activities in People's Republic of China (PRC).
Article 4 The National Development and Reform Commission and the State Environmental Protection Administration shall be responsible for managing the national cleaner production audit. The administrative departments of development and reform (economy and trade) of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Xinjiang Production and Construction Corps shall, jointly with the administrative department of environmental protection, organize and carry out cleaner production audits according to the actual situation in the region.
Article 5 Cleaner production audit shall take enterprises as the main body, follow the principle of combining voluntary audit of enterprises with compulsory audit of the state, and combining independent audit of enterprises with external assistance audit, adjust measures to local conditions, carry out it in an orderly manner, and pay attention to actual results.
Chapter II Scope of Cleaner Production Audit
Article 6 Cleaner production audit is divided into voluntary audit and compulsory audit.
Article 7 The State encourages enterprises to voluntarily carry out cleaner production audits. Enterprises whose pollutant emissions meet the national or local emission standards may voluntarily organize the implementation of cleaner production audit and put forward the goal of further saving resources and reducing pollutant emissions.
Article 8 Under any of the following circumstances, compulsory cleaner production audit shall be implemented:
(1) Enterprises with serious pollution whose pollutant emissions exceed national and local emission standards, or whose total pollutant emissions exceed the total emission control targets approved by local people's governments;
(2) Enterprises that use toxic and harmful raw materials for production or discharge toxic and harmful substances during production.
Toxic and harmful raw materials or substances mainly refer to substances that are highly toxic, corrosive, irritating, radioactive (excluding nuclear power facilities and military nuclear facilities), carcinogenic and teratogenic in the List of Dangerous Goods (GB 12268), the List of Dangerous Chemicals, the List of National Hazardous Wastes and the List of Highly Toxic Chemicals.
Article 9 The list of enterprises implementing compulsory cleaner production audit as stipulated in the first paragraph of Article 8 shall be put forward by the local environmental protection administrative department according to the management authority, and submitted to the environmental protection administrative department of the province, autonomous region, municipality directly under the Central Government, cities with separate plans and Xinjiang Production and Construction Corps for approval and determination, and a batch shall be published every year. And notify the enterprise in writing, and send a copy to the administrative department of development and reform (economy and trade) at the same level; At the same time, the list will be published in major local media.
The list of enterprises implementing compulsory cleaner production audit as stipulated in the second paragraph of Article 8 shall be determined by the administrative departments of environmental protection of all provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans and Xinjiang Production and Construction Corps in conjunction with the administrative departments of development and reform (economy and trade), combined with the actual situation of cleaner production audit in the local area, and based on the analysis of the consumption of toxic and harmful raw materials or the discharge of toxic and harmful substances by enterprises and the severity of the possible environmental impact, the list shall be determined by stages, and the enterprises shall be notified in writing and published in the local major media.
Chapter III Implementation of Cleaner Production Audit
Article 10 An enterprise that implements the compulsory cleaner production audit stipulated in the first paragraph of Article 8 shall publish the discharge of major pollutants in the local major media within one month after the list is published. The main contents of the announcement shall include: enterprise name, legal representative, enterprise address, name of discharged pollutants, discharge mode, discharge concentration and total amount, and the situation and total amount exceeding the standard. The competent administrative department of environmental protection below the provincial level shall verify the discharge of major pollutants announced by enterprises in accordance with the management authority.
Eleventh enterprises listed in the compulsory cleaner production audit list shall implement cleaner production audit within two months after the list is published.
Paragraph 2 of Article 8 stipulates that the interval between two audits shall not exceed five years for enterprises that implement compulsory cleaner production audit.
Twelfth enterprises that voluntarily carry out cleaner production audit can provide cleaner production audit plans to the administrative departments of development and reform (economy and trade) and environmental protection, and organize cleaner production audit according to the contents and procedures of cleaner production audit plans.
Thirteenth cleaner production audit procedures in principle include audit preparation, pre-audit, audit, the generation, screening and determination of implementation plans, and the preparation of cleaner production audit reports.
(1) Audit preparation. Carry out training and publicity, set up a cleaner production audit working group composed of enterprise managers and technicians, and make a work plan;
(2) Pre-trial. On the basis of comprehensive investigation of the basic situation of enterprises, through qualitative and quantitative analysis, the focus of cleaner production audit and cleaner production objectives are determined;
(3) review. Through the input-output analysis in the process of production and service, the material balance, water balance, resource balance and pollution factor balance are established to find out the causes of material loss, resource waste and pollutants.
(4) Generation and screening of implementation schemes. Analyze the material loss, resource waste, pollutant generation and discharge, put forward the implementation plan of cleaner production, and preliminarily screen the plan;
(5) Determination of implementation scheme. Analyze the technical, economic and environmental feasibility of the preliminary screened cleaner production scheme, and determine the cleaner production scheme to be implemented by the enterprise;
(six) the preparation of cleaner production audit report. The cleaner production audit report shall include the basic information of the enterprise, the process and results of cleaner production audit, the summary of cleaner production scheme and benefit forecast analysis, and the implementation plan of cleaner production scheme, etc.
Chapter IV Organization and Management of Cleaner Production Audit
Fourteenth cleaner production audit is mainly organized by enterprises themselves. Enterprises that do not have the ability to independently carry out cleaner production audits may entrust industry associations, cleaner production centers, engineering consulting units and other consulting services to assist in carrying out cleaner production audits.
Fifteenth consulting services to assist enterprises to organize cleaner production audit work, shall meet the following conditions:
(1) Having the qualification of an independent legal person;
(2) Having technicians who are familiar with the production process, technology and pollution prevention and control management of relevant industries, know the knowledge of cleaner production and master the cleaner production audit procedures;
(3) Having institutional measures to provide fair, just and efficient services for cleaner production audit of enterprises.
Article 16 Enterprises listed in the compulsory cleaner production audit list shall submit the cleaner production audit report to the local administrative department of environmental protection and the administrative department of development and reform (economy and trade) within one year from the date of publication of the list. Enterprises directly under the central government shall submit the cleaner production audit report to the local administrative department of environmental protection, development and reform (economic and trade), and send a copy to the State Environmental Protection Administration and the National Development and Reform Commission.
Seventeenth voluntary enterprises to carry out cleaner production audit, can refer to the provisions of article sixteenth of these measures to submit cleaner production audit report.
Eighteenth levels of development and reform (economic and trade) administrative departments and environmental protection administrative departments shall, according to the implementation plan put forward in the cleaner production audit report, actively guide and urge enterprises to organize the implementation of cleaner production implementation plan.
Nineteenth levels of development and reform (economic and trade) administrative departments, environmental protection administrative departments and consulting services should keep technical and commercial secrets for enterprises that implement cleaner production audit.
Article 20 The National Development and Reform Commission, together with the State Environmental Protection Administration, shall establish a national cleaner production expert database, issue a catalogue of cleaner production guidance for key industries and a guide to cleaner production audit for industries, organize cleaner production training, and provide information and technical support for enterprises to carry out cleaner production audit.
Local development and reform (economic and trade) administrative departments at all levels in conjunction with the environmental protection administrative department may, according to local actual conditions, organize cleaner production audit training and establish a local cleaner production expert database.
Chapter V Reward and Punishment
Twenty-first enterprises that voluntarily implement cleaner production audit and have achieved remarkable results after the implementation of cleaner production plan shall be commended by the administrative departments of development and reform (economy and trade) and environmental protection at or above the provincial level, and announced in the local major media.
Article 22 When formulating and implementing national key investment plans and local investment plans, the administrative departments of development and reform (economy and trade) at all levels should include cleaner production projects such as energy saving, water saving and comprehensive utilization, improving resource utilization rate and pollution prevention as key areas, and increase investment support.
Twenty-third sewage charges can be used to support enterprises to implement cleaner production. Financial departments at all levels and environmental protection departments should give priority to the use of sewage charges for cleaner production projects that meet the requirements of the Regulations on the Administration of the Collection and Use of Sewage Charges.
Twenty-fourth small and medium-sized enterprise development fund should arrange an appropriate amount to support small and medium-sized enterprises to implement cleaner production according to needs.
Twenty-fifth enterprises to carry out cleaner production audit costs, allowed to be included in the operating costs of enterprises or related expenses.
Twenty-sixth enterprises can establish an internal cleaner production recognition and reward system according to the actual situation, and give certain rewards to those who have made remarkable achievements in cleaner production audit.
Twenty-seventh enterprises in violation of the provisions of article tenth, shall be punished in accordance with the provisions of article forty-first of the "People's Republic of China (PRC) cleaner production promotion law"; Enterprises that violate the provisions of Article 16 of the second paragraph of Article 8 shall be punished in accordance with the provisions of Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Cleaner Production.
Article 28 If the consulting service institutions entrusted by enterprises fail to carry out cleaner production audit according to the prescribed contents and procedures, resort to deceit or provide false audit reports, the development and reform (economic and trade) departments of provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps shall, jointly with the competent administrative department of environmental protection, order them to make corrections and make them public. Causing serious consequences, will be investigated for legal responsibility.
Article 29 Where the administrative department of development and reform (economic and trade) and the staff of the administrative department of environmental protection neglect their duties and disclose the technical and commercial secrets of the enterprise, thus causing economic losses to the enterprise, they shall be dealt with in accordance with the relevant laws and regulations of the state.
Chapter VI Supplementary Provisions
Article 30 These Measures shall be interpreted by the National Development and Reform Commission and the State Environmental Protection Administration.
Thirty-first provinces, autonomous regions, municipalities directly under the central government, cities under separate state planning and Xinjiang Production and Construction Corps may formulate detailed implementation rules according to these measures.
Thirty-second military enterprises cleaner production audit can refer to these measures. People's Republic of China (PRC) Cleaner Production Promotion Law (Amendment)
catalogue
Chapter I General Provisions
Chapter II Implementation of Cleaner Production
Chapter III Implementation of Cleaner Production
Chapter IV Incentive Measures
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with a view to promoting cleaner production, improving the utilization efficiency of resources, reducing and avoiding the generation of pollutants, protecting and improving the environment, safeguarding human health and promoting sustainable economic and social development.
Article 2 The term "cleaner production" as mentioned in this Law means that in the process of production, service and product use, measures such as improving design, using clean energy and raw materials, adopting advanced technology and equipment, improving management and comprehensive utilization are continuously taken to reduce pollution at the source, improve resource utilization efficiency, reduce or avoid the generation and discharge of pollutants, and reduce or eliminate the harm to human health and the environment.
Article 3 Within the territory of People's Republic of China (PRC), units engaged in production and service activities and departments engaged in related management activities shall organize and implement cleaner production in accordance with the provisions of this Law.
Article 4 The State encourages and promotes cleaner production. The State Council and local people's governments at or above the county level shall incorporate cleaner production promotion into national economic and social development plans, annual plans, environmental protection, resource utilization, industrial development and regional development plans.
Article 5 The comprehensive coordination department of cleaner production in the State Council is responsible for organizing and coordinating the promotion of cleaner production throughout the country. The State Council environmental protection, industry, science and technology, finance and other relevant departments in accordance with their respective responsibilities, responsible for the promotion of cleaner production.
The local people's governments at or above the county level shall be responsible for leading the work of promoting cleaner production within their respective administrative areas. The comprehensive coordination department of cleaner production determined by the local people's governments at or above the county level shall be responsible for organizing and coordinating the promotion of cleaner production within their respective administrative areas. Other relevant departments of the local people's governments at or above the county level shall be responsible for the promotion of cleaner production according to their respective functions and duties.
Article 6 The State encourages scientific research, technological development and international cooperation related to cleaner production, and organizes the publicity and popularization of cleaner production knowledge and technology.
The state encourages social organizations and the public to participate in the publicity, education, promotion, implementation and supervision of cleaner production.
Chapter II Implementation of Cleaner Production
Article 7 the State Council shall formulate fiscal and tax policies conducive to the implementation of cleaner production.
The State Council and its relevant departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate industrial policies and technology development and popularization policies conducive to the implementation of cleaner production.
Article 8 The comprehensive coordination department of cleaner production in the State Council shall, jointly with the relevant departments of environmental protection, industry, science and technology in the State Council, formulate a national cleaner production implementation plan according to the national economic and social development plan and the national requirements of saving resources, reducing energy consumption and reducing the discharge of key pollutants, and publish it in time after being approved by the State Council.
The national cleaner production implementation plan shall include the objectives, main tasks and safeguard measures of cleaner production, and determine the key areas, industries and projects of cleaner production according to the consumption of resources and energy and the level of pollutant discharge.
According to the national cleaner production implementation plan, the relevant industry authorities in the State Council determine the key cleaner production projects in this industry, formulate the cleaner production implementation plan and organize its implementation.
The local people's governments at or above the county level shall, according to the national implementation plan for cleaner production and the special implementation plan for cleaner production in related industries, and in accordance with the requirements of saving resources, reducing energy consumption and reducing the discharge of key pollutants in the region, determine key cleaner production projects in the region, formulate cleaner production implementation plans and organize their implementation.
Article 9 The central finance shall strengthen the capital investment for cleaner production promotion, including the special funds for cleaner production and other cleaner production funds arranged by the central finance, and support the implementation of cleaner production and its technology in key areas, industries and projects identified in the national cleaner production promotion plan and projects in ecologically fragile areas. The specific measures for the use of funds in the central budget to support the promotion of cleaner production shall be formulated by the financial department of the State Council and the comprehensive coordination department of cleaner production in conjunction with the relevant departments of the State Council.
Local people's governments at or above the county level shall co-ordinate the cleaner production promotion funds arranged by local finance, guide social funds and support key cleaner production projects.
Article 10 The relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize and support the establishment of information systems and technical consulting service systems to promote cleaner production, and provide the society with information and services such as cleaner production methods and technologies, supply and demand of renewable wastes, and cleaner production policies.
Eleventh the State Council cleaner production comprehensive coordination department in conjunction with the State Council environmental protection, industry, science and technology, construction, agriculture and other relevant departments regularly publish cleaner production technology, technology, equipment and product oriented catalogue.
The comprehensive coordination department of cleaner production in the State Council, the Ministry of Environmental Protection and the departments responsible for the comprehensive coordination of cleaner production in the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with relevant departments at the same level, organize the compilation of cleaner production guidelines for key industries or regions to guide the implementation of cleaner production.
Article 12 The state implements a system of eliminating backward production technologies, processes, equipment and products that waste resources and seriously pollute the environment within a time limit. The relevant departments of the State Council shall, according to the division of responsibilities, formulate and publish the catalogue of production technologies, processes, equipment and products to be eliminated within a time limit.
Thirteenth relevant departments of the State Council can, according to the needs, approve the establishment of product labels in energy saving, water saving, waste recycling and environmental and resource protection, and formulate corresponding standards in accordance with state regulations.
Article 14 The science and technology departments of the people's governments at or above the county level and other relevant departments shall guide and support the research and development of cleaner production technologies and products that are conducive to environmental and resource protection, as well as the demonstration and popularization of cleaner production technologies.
Fifteenth the State Council education departments should incorporate cleaner production technology and management courses into the relevant higher education, vocational education and technical training system.
The relevant departments of the people's governments at or above the county level shall organize publicity and training on cleaner production, raise the awareness of cleaner production of state functionaries, business operators and the public, and train cleaner production management and technical personnel.
Press and publication, radio, film and television, culture and other units and relevant social organizations should give full play to their respective advantages to do a good job in cleaner production propaganda.
Article 16 People's governments at all levels should give priority to purchasing energy-saving, water-saving and waste recycling products that are conducive to protecting the environment and resources.
People's governments at all levels should encourage the public to buy and use energy-saving, water-saving and waste recycling products that are conducive to environmental and resource protection through publicity and education.
Article 17 The departments responsible for the comprehensive coordination of cleaner production and the environmental protection departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of promoting cleaner production, publish the list of enterprises that fail to meet the energy consumption control targets and the emission control targets of key pollutants in the local major media, so as to provide a basis for the public to supervise the implementation of cleaner production by enterprises.
The enterprises listed in the preceding paragraph shall, in accordance with the provisions of the comprehensive coordination department of cleaner production and the environmental protection department of the State Council, announce the energy consumption or the generation and discharge of key pollutants, and accept public supervision.
Chapter III Implementation of Cleaner Production
Eighteenth new construction, renovation and expansion projects should carry out environmental impact assessment, analyze and demonstrate the use of raw materials, resource consumption, comprehensive utilization of resources and the generation and disposal of pollutants, and give priority to the use of clean production technologies, processes and equipment with high resource utilization and low pollutant production.
Nineteenth enterprises in the process of technological transformation, should take the following cleaner production measures:
(a) the use of non-toxic, harmless or low toxic and harmful raw materials to replace toxic and harmful raw materials;
(two) the use of technology and equipment with high resource utilization and low pollutant production, instead of technology and equipment with low resource utilization and high pollutant production;
(three) comprehensive utilization or recycling of waste, waste water and waste heat generated in the production process;
(four) the use of pollution prevention and control technologies that can meet the national or local pollutant emission standards and total pollutant emission control indicators.
Twentieth products and packaging design should consider the impact on human health and the environment in the life cycle, giving priority to the use of non-toxic, harmless, easy to degrade or easy to recycle programs.
The packaging of products should be reasonable, and the material, structure and cost of packaging should be suitable for the quality, specification and cost of the products, so as to reduce the generation of packaging waste and not over-package.
Article 21 Enterprises that produce large-scale mechanical and electrical equipment, motor vehicles and other products designated by the competent department of industry in the State Council shall indicate the standard grades of materials and components on the main parts of products in accordance with the technical specifications formulated by the competent department of standardization in the State Council or its authorized institutions.
Article 22 Agricultural producers should scientifically use chemical fertilizers, pesticides, agricultural films and feed additives, improve planting and breeding techniques, realize high-quality and harmless agricultural products and recycle agricultural production wastes, and prevent agricultural environmental pollution.
It is forbidden to use toxic and hazardous wastes as fertilizers or for land reclamation.
Twenty-third catering, entertainment, hotels and other service enterprises should adopt energy-saving and water-saving technologies and equipment that are conducive to environmental protection, and reduce or not use consumer goods that waste resources and pollute the environment.
Twenty-fourth construction projects should adopt energy-saving and water-saving architectural design schemes, building and decoration materials, building components and equipment that are conducive to environmental and resource protection.
Building and decoration materials must meet the national standards. It is forbidden to produce, sell and use building and decoration materials with toxic and harmful substances exceeding the national standards.
Twenty-fifth exploration and mining of mineral resources, should be conducive to the rational use of resources, environmental protection and pollution prevention exploration and mining methods and technologies, improve the level of resource utilization.
Article 26 An enterprise shall, under economically and technically feasible conditions, recycle by itself or transfer the waste and waste heat generated in the process of production and service to other qualified enterprises and individuals.
Twenty-seventh enterprises should monitor the resource consumption and waste generation in the process of production and service, and carry out cleaner production audit on production and service as required.
Enterprises under any of the following circumstances shall implement compulsory cleaner production audit:
(a) the pollutant discharge exceeds the national or local emission standards, or although it does not exceed the national or local emission standards, it exceeds the total emission control index of key pollutants;
(2) Exceeding the energy consumption limit standard per unit product constitutes high energy consumption;
(3) using toxic and harmful raw materials for production or discharging toxic and harmful substances during production.
Enterprises whose pollutant discharge exceeds the national or local emission standards shall be dealt with in accordance with the laws on environmental protection.
Enterprises that implement compulsory cleaner production audit shall report the audit results to the departments responsible for comprehensive coordination of cleaner production and environmental protection departments of local people's governments at or above the county level, and publish them in local major media, subject to public supervision, except those involving commercial secrets.
The relevant departments of the local people's governments at or above the county level shall supervise the implementation of compulsory cleaner production audit by enterprises, organize the evaluation and acceptance of the effect of cleaner production by enterprises when necessary, and include the required expenses in the financial budget of the government at the same level. The departments or units undertaking the assessment and acceptance shall not charge fees to the enterprises assessed and accepted.
The specific measures for the implementation of cleaner production audit shall be formulated by the comprehensive coordination department of cleaner production in the State Council and the Ministry of Environmental Protection in conjunction with relevant departments in the State Council.
Article 28 Enterprises other than those specified in the second paragraph of Article 27 of this Law may voluntarily sign agreements with the comprehensive coordination department of cleaner production and the environmental protection department to further save resources and reduce pollutant emissions. The comprehensive coordination department of cleaner production and the environmental protection department shall publish the name of the enterprise and the results of resource conservation and pollution prevention and control in the major media in the region.
Article 29 An enterprise may, on a voluntary basis, entrust a certification institution recognized by the certification and accreditation supervision and administration department of the State Council to carry out certification in accordance with the provisions of the relevant national environmental management system, so as to improve the level of cleaner production.
Chapter IV Incentive Measures
Article 30 The State shall establish a system of commendation and reward for cleaner production. Units and individuals that have made remarkable achievements in cleaner production shall be commended and rewarded by the people's government.
Article 31 The people's governments at or above the county level shall provide financial support for the research, demonstration and training of cleaner production, the implementation of national key technological transformation projects of cleaner production and the technological transformation projects stipulated in the agreement on voluntary resource conservation and pollutant emission reduction stipulated in Article 28 of this Law.
Thirty-second in the small and medium-sized enterprise development fund established in accordance with state regulations, an appropriate amount should be arranged to support small and medium-sized enterprises to implement cleaner production according to needs.
Article 33 Those who make use of wastes and recover raw materials from wastes to produce products according to law shall enjoy preferential tax treatment in accordance with state regulations.
Thirty-fourth enterprises for cleaner production audit and training costs, can be included in the operating costs of enterprises.
Chapter V Legal Liability
Article 35 If the comprehensive coordination department for cleaner production or other relevant departments fail to perform their duties in accordance with the provisions of this Law, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 36 In violation of the provisions of the second paragraph of Article 17 of this Law, if the energy consumption or the production and discharge of key pollutants are not announced in accordance with the provisions, the department responsible for comprehensive coordination of cleaner production and the environmental protection department of the local people's government at or above the county level shall order the announcement according to the division of responsibilities and may impose a fine of not more than 100,000 yuan.
Article 37. In violation of the provisions of Article 21 of this Law, if the ingredients of products and materials are not marked or are not true, the quality and technical supervision department of the local people's government at or above the county level shall order it to make corrections within a time limit; Refuses to correct, a fine of fifty thousand yuan.
Article 38 Whoever, in violation of the provisions of the second paragraph of Article 24 of this Law, produces or sells building decoration materials with toxic and harmful substances exceeding the national standards shall be investigated for administrative, civil and criminal legal responsibilities in accordance with the Product Quality Law and relevant civil and criminal laws.
Article 39. If, in violation of the provisions of the second and fourth paragraphs of Article 27 of this Law, the compulsory cleaner production audit is not carried out, or the enterprises that carry out the compulsory cleaner production audit do not report or truthfully report the audit results, the departments responsible for the comprehensive coordination of cleaner production and the environmental protection departments of the local people's governments at or above the county level shall order them to make corrections within a time limit according to their division of responsibilities; Refuses to correct, a fine of 50 thousand yuan and 500 thousand yuan.
In violation of the provisions of the fifth paragraph of Article 27 of this Law, departments or units undertaking assessment and acceptance and their staff members charge fees from the enterprises assessed and accepted, fail to truthfully assess and accept, or practice fraud in assessment and acceptance, or seek benefits by taking advantage of their positions, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions