How to evaluate that a hotel in Nanjing dumped 43 bottles of mineral water after holding a meeting for 48 people?

On March 7, a hotel in Nanjing, Jiangsu Province dumped 43 bottles of Kaifeng mineral water after a meeting of 48 people in relevant units, and did not post anti-waste slogans in a conspicuous place. It was ordered by the Nanjing State Administration of Market Supervision to make rectification, which triggered a hot discussion among netizens. On the afternoon of the 7th, Red Star News learned from Jiangning District Market Supervision Bureau in Nanjing that the hotel involved had been rectified, and it also paid attention to the relevant opinions of netizens on this matter. They think: "I hope to take this case as a starting point, start the anti-waste work in an all-round way and increase publicity."

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?

Many lawyers believe that this administrative punishment is 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 7th, a hotel in Jiangning District, Nanjing dumped 43 unopened bottles of mineral water after holding a meeting for 48 people, which was warned by the law enforcement officers of Nanjing Municipal Market Supervision Administration and triggered a hot discussion among netizens.

The video shows that the hotel staff is pouring unopened mineral water into the bucket in the meeting room, 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 dining area in the lobby failed to post anti-food waste signs as required, and the restaurant failed to take the initiative to remind consumers to prevent food waste, which violated the People's Republic of China (PRC) Anti-Food Waste Law. Therefore, the company was issued an administrative penalty decision on the spot, given a warning and ordered to make immediate rectification.

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 in meetings or banquets.

On the 7th, Red Star journalists randomly consulted several hotels providing conference services in Nanjing. According to the hotel staff, it is actually very common that the conspicuous position in the store is not posted, or anti-food waste signs are placed. During the conference, most hotels will provide mineral water supply services. 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 want 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 Jiangning District Market Supervision Administration of Nanjing 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 General Administration of Market Supervision in charge of this matter said that in view of the opinions and puzzles of netizens on this matter, they have been concerned 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 and clear 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 organizers did not remind the participants carefully. As the organizer of this conference, the hotel is also to blame, and the law enforcement department's punishment of the hotel complies 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 law enforcement behavior was based on the Anti-Food Waste Law, which was formally implemented on April 29th, 20021. It is aimed at the failure of operators to remind consumers to prevent food waste, which is the responsibility of operators. It is a consumption behavior for conference organizers to use hotel venues to hold activities. 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, "rather than letting go and conniving at the organizers' waste behavior."

In Fu Jian's view, law enforcement officers warned the hotel not to punish, 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 methods.

Lawyer Zhao Liangshan, a partner of Shaanxi Hengda Law Firm, also told Red Star that the basis of the administrative punishment imposed by the Market Supervision Administration on the hotel was that the hotel, as a catering service operator, failed to post anti-food waste signs as required, which violated the relevant provisions of the People's Republic of China (PRC) Anti-Food Waste Law.

The "Regulations" require that catering service operators should take the initiative to remind consumers to prevent food waste, post or place anti-food waste signs in eye-catching positions, or be prompted by service personnel to guide consumers to order food 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-ROM operation or light bottle operation, it is the proper meaning to reduce waste. "From the perspective of reminding to prevent waste, it is understandable to punish the hotel."