Instructions on the drafting of "Zhaoqing Food Waste Treatment Measures (Draft for Comments)"

In order to strengthen the management of kitchen waste, protect the health of the people, improve urban appearance and environmental sanitation, and promote resource recycling, the Zhaoqing Municipal Urban Management and Comprehensive Law Enforcement Bureau drafted the "Zhaoqing Municipal Food Waste Treatment Measures (Draft for Comments)" (hereinafter referred to as the "Catering and Kitchen Measures"). The drafting situation is now explained as follows:

1. Drafting background and necessity

(1) The formulation of the "Meals for Kitchens" is a need to strengthen the management of kitchen waste. In recent years, our city's catering industry has continued to develop steadily, and the market scale has continued to expand. However, kitchen waste is still basically mixed with domestic garbage or dumped indiscriminately, and there is a hidden danger of flowing to underground farms. To strengthen the management of food waste and establish a collection, transportation and treatment system that meets the characteristics of food waste, legislation must be introduced. In 2010, the General Office of the State Council issued the "Opinions on Strengthening Gutter Oil Remediation and Kitchen Waste Management" (Guobanfa [2010] No. 36), requiring all localities to formulate and improve food waste management measures. In April last year, the municipal government issued the "Implementation Plan for Zhaoqing City to Create a Food Safety Demonstration City in Guangdong Province" (Zhaofu Han [2018] No. 145), requiring that "government-led, clear powers and responsibilities, overall planning and balance, and rectification in accordance with the law" be carried out. Kitchen waste treatment and construction planning, improve the working mechanism and management system of food waste management, introduce food waste management measures, and urge catering enterprises to establish a food waste collection, transportation and treatment system. In order to create a food safety demonstration city in Guangdong Province and standardize the management of food and kitchen waste, it is necessary to issue the "Measures for Food and Kitchen". In April this year, the Provincial Department of Housing and Urban-Rural Development issued the "Guiding Opinions on Strengthening the Collection, Transportation and Treatment of Food Waste" (Guangdong Jiancheng [2019] No. 90), once again emphasizing "strengthening source management, establishing source classification, clean collection, transportation, and standardized processing of food waste" Kitchen waste collection, transportation and processing system”.

(2) The formulation of the "Catering and Kitchen Measures" is a need to improve the urban appearance and environment. At present, the scale of food waste is large, and arbitrary discarding will undoubtedly affect the appearance of the city. At the same time, food waste has high moisture and organic content, decays and deteriorates quickly, easily produces bad odors, and breeds mosquitoes. Mixing waste with other domestic waste can easily cause secondary pollution, thus causing adverse effects on environmental health. Finally, if it is directly discharged into underground channels or rivers, the bacteria and pathogens in food waste are likely to seriously affect the ecological environment. Therefore, only by implementing a separate collection, transportation, and disposal system for food waste can we ensure that food waste does not affect urban environmental sanitation, and these must be implemented through legislation.

(3) The formulation of the "Catering and Kitchen Measures" is a need to deepen the work of garbage classification. Kitchen waste is a component of domestic waste. The quality of kitchen waste management directly affects the progress of waste classification management. Kitchen waste can be extracted into oil and used in the chemical industry; it can also be used to produce biogas through anaerobic fermentation to provide clean energy; it can also be converted into feed protein through detritivorous biological treatment. It can be said that if food waste is treated well, it is a treasure, but if it is not treated well, it is a dangerous substance. In this regard, it is necessary to strengthen supervision through legislation, scientifically dispose of kitchen waste, reduce the harm, realize the transformation of waste into treasure, and promote the reduction, resource utilization and harmlessness of kitchen waste.

II. Main Basis

1. Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste;

2. Urban Appearance and Environmental Sanitation Management Regulations ;

3. Measures for the management of urban domestic waste;

4. Regulations on the prevention and control of environmental pollution by solid waste in Guangdong Province;

5. Regulations on the disposal of urban and rural domestic waste in Guangdong Province ;

6. Opinions of the General Office of the State Council on strengthening the management of waste oil and kitchen waste

;

7. The State Council’s review of the Decision on establishing administrative licenses for administrative approval projects (State Council Order No. 412); 8. Guiding Opinions on Strengthening the Collection, Transportation and Treatment of Food Waste (Guangdong Construction City [2019] 90 No.) etc.

3. Main contents

The main contents of the "Catering and Kitchen Measures" are: first, it clarifies the definition of kitchen waste and the responsibilities of the competent departments and relevant departments; second, it clarifies The service licensing system for the collection, transportation and disposal of kitchen waste strictly controls the market access of kitchen waste collection, transportation and disposal units through the commercial collection, transportation and disposal service license of urban domestic waste; the third is to establish franchise operations model, hand over kitchen waste to the consignors and disposers determined through franchising, achieve unified management of food waste, and prevent food waste from flowing into illegal areas; fourth, establish a joint billing system and ledger system so that the management department can grasp the production, flow and disposal of kitchen waste in the city, and strengthen the daily supervision of food waste; fifth, a business closure reporting system and an emergency management system have been established to facilitate the management department in the disposal of food waste Carry out scientific dispatch; sixth, put forward operational requirements for kitchen waste generation, collection, transportation and disposal units, and standardize the generation, collection, transportation and disposal of kitchen waste; seventh, clarify the supervision and joint law enforcement responsibilities of relevant departments, establish and form Work together to improve the management mechanism; eighth, clarify the legal responsibilities for violating the relevant provisions of the "Catering and Kitchen Measures".

4. Issues that need explanation

(1) Regarding the name of the "Meals for Kitchens". In local legislation, names such as "food waste" or "food waste" are used respectively. According to the "Opinions on Strengthening the Remediation of Gutter Oil and Management of Kitchen Waste" issued by the General Office of the State Council in 2010 (Guobanfa [2010] No. 36), this method adopts the "Measures for the Treatment of Kitchen Waste in Zhaoqing" A name that is consistent with the spirit of relevant national documents.

(2) Definition of kitchen waste. Kitchen waste belongs to the category of domestic waste and has the characteristics of complex composition, high organic matter and grease content, and perishability. From a national perspective, there is currently no unified definition of food waste. Since the collection of household kitchen waste needs to be based on a complete domestic waste classification work, and the conditions for full implementation are not yet available, the "Catering and Kitchen Measures" refer to the definition of kitchen waste in other local government regulations. The term "kitchen waste" as mentioned in the regulations refers to the food residues, non-edible waste animal and vegetable oils and various types of oil and water generated in food processing, catering services, collective meals and other activities other than residents' daily lives. mixture.

(3) Regarding the scope of application of the measures. Food waste generating units are widely distributed and unevenly distributed. At the same time, taking into account the actual financial resources and other conditions of each county (city, district), the determination and adjustment of specific implementation areas shall be reported to the city and county (city, district) urban management and comprehensive law enforcement departments for approval by the people's government at the same level. Social announcement.

(4) Regarding management responsibilities. The management of food waste involves many departments. The "Measures on Food and Kitchen" stipulates the specific responsibilities of the main functional departments such as urban management and comprehensive law enforcement, market supervision and management, agriculture and rural areas, ecological environment and commerce. Other administrative departments shall, in accordance with their respective responsibilities, jointly manage food and kitchen waste. supervision and management work.

(5) Regarding financial security. The management of kitchen waste in our city is in its infancy and does not yet have the conditions to rely entirely on market mechanisms to maintain operation. The effect of kitchen waste management is directly related to public interests, public safety and people's health. To this end, the "Measures for Food and Kitchen" stipulates that the collection, transportation and disposal of food and kitchen waste shall be appropriately subsidized by finance at all levels. Specific measures shall be formulated separately by the city and county (city, district) urban management and comprehensive law enforcement departments in conjunction with relevant departments. It shall be implemented after approval by the people's government at the same level.

(6) Regarding the licensing system for kitchen waste collection, transportation and disposal units. The biggest obstacle to implementing this work is the strong obstruction of the existing collection, transportation and disposal system and the conflict with the food waste generating units. Because in the existing collection, transportation and disposal system, the collection, transportation and disposal party can make a profit by using food waste as feed or refining oil, and the party producing food waste can also make a profit by selling it.

(8) Regarding the setting of legal liability. The legal responsibilities of the "Catering and Kitchen Measures" do not create administrative penalties as required, and are further clarified in accordance with existing laws and regulations to reflect the seriousness of the regulations.