Is there a basis on the legal level for the hotel to be issued an administrative penalty decision giving a warning for wasting 43 bottles of water and failing to post an anti-waste sign? Is the main responsible party for the accountable wasteful behavior the hotel, or the enterprises and institutions organizing the conference?
Multiple lawyers, the administrative penalty in line with the "Chinese People's *** and State Anti-Food Waste Law", the hotel as a manager, there is a reminder of wasteful behavior prompted by reminders of the behavioral obligations of the Market Supervision Bureau of the hotel's administrative penalties, based on the hotel as a catering service operators did not post the anti-food waste signs in accordance with the provisions of the law.
Triggered by netizens
Hosting a meeting after dumping 43 bottles of opened mineral water
Nanjing a hotel was ordered to rectify
March 7, the Internet rumor that a hotel in Jiangning District, Nanjing City, Nanjing City, due to hosting a meeting of 48 people dumped 43 bottles of opened mineral water, Nanjing City, Market Supervision and Administration Bureau of law enforcement officers warned, triggered netizens hot debate.
The video shows hotel staff pouring opened bottles of mineral water from the conference room into buckets, with Market Supervision Administration staff coming to conduct the raid beside them. Law enforcement officials also found that the hotel lobby dining area did not post the required anti-food waste signs, the hotel also did not take the initiative to consumers to prevent food waste tips reminders, in violation of the "People's Republic of China *** and the State of Anti-food Waste Law", so on the spot on the business issued an administrative penalty decision letter to warn, and ordered the business to immediately rectify.
Screenshot of the video
Some netizens questioned, "Municipal supervisory bureau law enforcement officers should not punish the hotel, but should warn the enterprises and institutions that organized the meeting." Some netizens also argued that the law enforcement officers' decision to punish the hotel was not wrong, and suggested that mineral water of 330 milliliters or smaller sizes be used in meetings as a way to reduce waste. Some local netizens in Jiangsu pointed out that hotels are the worst hit by waste, and that water and food waste in occasions such as meetings or banquets is very serious.
7, the red star news reporter randomly consulted the Nanjing city to provide hosting services for the meeting of several hotels, according to the hotel staff, the store is not posted in a conspicuous position, or placed the phenomenon of anti-food waste signs are actually more common, and most hotels will provide the meeting of the mineral water supply services. There are also hotels that have paid attention to the phenomenon of bottled water waste, and are now using barrels of mineral water in meeting rooms and providing disposable paper cups for participants.
Nanjing Municipal Supervision Bureau:
I hope that this case as a starting point
To fully launch the anti-waste work
7 pm, Red Star News from the Nanjing Jiangning District Market Supervision Administration, Nanjing City, the video of the law enforcement agencies to make the administrative penalties for the behavior is promoted by the Nanjing Municipal Market Supervision Bureau. "At present, the hotel involved has been rectified, not only in the meeting and the lobby are posted in the anti-waste slogans, but also requires the hotel service personnel to strengthen the communication with guests, reminding guests to avoid waste."
Nanjing Municipal Supervision Bureau staff in charge of this matter, in response to the netizens' opinions and confusion on this matter, they have paid attention to, this triggered a national discussion can also contribute to the anti-waste publicity work. "We hope to use this case as a starting point for the anti-waste work to be fully launched to increase publicity."
For future anti-waste actions, the staff said the city will deploy relevant work, and administrative guidance measures will become more and more specific and clear in the implementation process.
Lawyer's statement:
The hotel is not the main wasteful behavior
But did not take the initiative to remind remind the penalty in line with the regulations
Henan Zegen Law Firm Director Fu Jian told Red Star News, the venue placed 48 bottles of mineral water, 43 bottles of open mineral water after the meeting was poured, resulting in a lot of wasteful behavior of the influence of factors. It may be that the participants were not conscious enough to waste the undrinkable water at will, and secondly, the conference organizers were not meticulous enough to remind the participants. The hotel, as the organizer of this conference, is equally to blame, and it is in line with the relevant regulations for the enforcer to penalize the hotel. And, according to the principle of proportionality, the way the law enforcers demanded the hotel to rectify the situation and gave a warning as a punishment is also reasonable.
Fu Jian introduced, from the penalty information and legal provisions, law enforcement action based on China's April 29, 2021 officially implemented the "Anti-Food Waste Law", for the operator failed to remind consumers to prevent food waste tips reminding the behavior of the operator is held responsible. Conference organizers use hotel venues to hold activities belong to the consumer behavior, although not the subject of wasteful behavior implementation, but the hotel as a manager has the obligation to supervise the contractor to save resources and oppose wastefulness, "rather than indulge and condone the wasteful behavior of the contractor."
In Fu Jian's view, law enforcement officials made a warning to the hotel, the purpose is not to punish, but to remind the majority of food service operators should set up to conserve resources, to avoid wasteful environmental awareness, and to advocate civilization, health, and protection of the environment of the way of consumption.
Shaanxi Hengda Law Firm partner Zhao Liangshan lawyers also told Red Star News that the Market Supervision Administration of the hotel's administrative penalty is based on the hotel as a food service operator did not post the anti-food waste signs in accordance with the regulations, in violation of the "People's Republic of China *** and the State of Anti-food Waste Act" relevant provisions.
The regulations require that food service operators should take the initiative to remind consumers to prevent food waste, posting or placing anti-food waste signs in a conspicuous position, or by the service staff to prompt the instructions to guide consumers to order according to the need for the right amount of food. If the operator does not take the initiative to remind consumers to prevent food waste, the competent authority shall order correction and give a warning. Therefore, the administrative penalty imposed on the hotel by law enforcement officers of the Market Supervision Administration is in line with the law.
Zhao Liangshan pointed out that saving resources is everyone's responsibility, and that both the CD-ROM action and the light bottle action are proper ways to reduce waste. "From the perspective of reminding to prevent waste, it is also unjustifiable to penalize the hotel."