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Interim Procedures of Shanghai Municipality for the Administration of Throwaway Plastic Food Containers
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| (Promulgated by Decree No. 84 of the Shanghai Municipal People' s Government on June 14, 2000) Article 1 Purpose and Basis In order to strengthen the supervision and administration of throwaway plastic food containers, and protect and improve the environment, these Procedures are formulated in accordance with the provisions of the relevant laws and regulations and in light of the actual conditions of this Municipality. Article 2 Scope of Application These Procedures shall apply to the production, sale, use, recycle and relevant administrative activities within the administrative areas of this Municipality. Article 3 Principles of Administration The administration of throwaway plastic food containers shall follow the principles of control at the source, recycle, step-by-step prohibition and encouragement of substitution. Article 4 Administrative Departments The Shanghai Municipal Construction and Administration Committee shall be responsible for the comprehensive coordinated administration of throwaway plastic food containers. The Shanghai Municipal City Appearance and Environmental Sanitation Administrative Bureau (hereinafter referred to as the Municipal City Appearance and Environmental Sanitation Bureau) shall be responsible for the supervision and administration of the production, sale, use and recycle of throwaway plastic food containers. The city appearance and environmental sanitation administrative departments of the districts and counties (hereinafter referred to as district/county city appearance and environmental sanitation departments) shall be responsible for the supervision and administration of the production, sale, use and recycle of throwaway plastic food containers within their respective administrative areas. All relevant administrative departments of this Municipality shall, in accordance with their respective duties, coordinate in the implementation of these Procedures. Article 5 Registration Any unit within this Municipality that produces throwaway plastic food containers shall register with the Municipal City Appearance and Environmental Sanitation Bureau for registration within 30 days following the issuance of industry and commerce business license. If throwaway plastic food containers produced in foreign provinces or municipalities are to be sold in this Municipality, the sales agency shall go, before starting sale, to the district/county city appearance and environmental sanitation department in its locality. The district/county city appearance and environmental sanitation department shall timely report the registration to the Municipal City Appearance and Environmental Sanitation Bureau for the record. Article 6 Environmental of Directory The Municipal City Appearance and Environmental Sanitation Bureau shall, within 7 days upon registration, publicize the directory of registered units that produce or sell throwaway plastic food containers. Article 7 Payment of Fees Units that have registered for the production or sale of throwaway plastic food containers shall, before the fifteenth of every month, pay to the registration departments the fees for recycle and disposal according to the volume of production or sale of the previous month. The specific rate of the recycle and disposal fees shall be set by the competent municipal price control department in consultation with the Municipal City Appearance and Environmental Sanitation Bureau. Article 8 Requirements on Production and Sales Units Units that have not gone through registration shall not produce or sell throwaway plastic food containers. Units within this Municipality that produce throwaway plastic food container shall indicate on their products their name and address. In the case of throwaway plastic food containers that are produced in other provinces and municipalities but are sold in this Municipality, the sales agency shall indicate on the product its name and address. Units that produce throwaway plastic food containers shall, in the process of production and sale, set up a day-to-day account settlement system and a system of production and sale joint set of bills. Specific measures for this system shall be formulated separately by the Municipal City Appearance and Environmental Sanitation. Article 9 Requirements on Units That Use Throwaway Plastic Food Containers Units that use throwaway plastic food containers shall purchase them from units that have gone through registration for production and sale of such food containers. Hotels, restaurants, snack bars, boxed food stands and other food and drinks supply units that use throwaway plastic food containers shall install recycle containers to get back the throwaway plastic food containers and clean and sort them out for recycle. Littering throwaway plastic food containers round at will shall be strictly prohibited. Article 10 Recycle by Production or Sales Units Units that produce or sell throwaway plastic food containers may organize the recycling. If production and sales units organize recycling, the Municipal City Appearance and Environmental Sanitation Bureau and the district/county city appearance and environmental sanitation departments shall refund the recycle and disposal fees in proportion with the amount recycled. Article 11 Recycle by Special Units The Municipal City Appearance and Environmental Sanitation Bureau shall organize and carry out the work of recycling the throwaway plastic food containers. It shall specifically designate units to engage in the recycle of throwaway plastic food containers. The recycling units shall set up a certain number of recycling sports within this Municipality. Article 12 Disposal Upon being got back, the throwaway plastic food containers, except for those directly transported to recycling enterprises, shall be carried to designated sites specified by the Municipal City Appearance and Environmental Sanitation Bureau. Discarding them at will shall be strictly prohibited. Article 13 Supervision by Finance and Auditing Departments Administrative departments of finance and auditing and other relevant departments shall strengthen supervision over the use of fees for recycle and disposal of throwaway plastic food containers. Article 14 Prohibition within Certain Areas At train and bus stations, wharfs, airports as well as in national scenic spots and nature reserves, use of throwaway plastic food containers is prohibited. The specific extent in which the prohibition shall apply shall be stipulated on by the Municipal Construction and Administration Commission. Article 15 Administrative Punishments by City Appearance and Environmental Sanitation Departments Anyone who commits one of the following acts in violation of the provisions of these Procedures shall be enjoined by the Municipal City Appearance and Environmental Sanitation Bureau, the district/county city appearance and environmental sanitation departments or the supervision teams under them to rectify their behavior or to make rectification within a specified period of time. In addition, cumulative penalties may be imposed in accordance with the following provisions: 1. Those who produce or sell throwaway plastic food containers without registering with the Municipal City Appearance and Environmental Sanitation Bureau or the district/county city appearance and environmental sanitation departments for registration or without paying the fees for recycle and disposal shall be penalized with a fine of 5,000 to 30,000 yuan inclusive. 2. In case of throwaway plastic food containers produced in foreign provinces or municipalities but sold in this Municipality, failure by the sales agency to indicate on the product its name and address shall be penalized with a fine of 500 to 5,000 yuan inclusive. 3. Failure by the unit that produce and sell throwaway plastic food containers to set up a day-to-day account settlement system and the system of production and sale joint set of bills in accordance with the regulations shall be penalized with a fine of 200 to 5,000 yuan inclusive. 4. Purchase of throwaway plastic food containers from unregistered production units or sales agencies shall be penalized with a fine of 200 to 2,000 yuan inclusive. 5. Failure by food and drinks supply units to recycle throwaway plastic food containers in accordance with the provisions shall be penalized with a fine of 500 to 2,000 yuan inclusive. 6. Failure by recycling units to dispose of throwaway plastic food containers in accordance with the provisions shall be penalized with a fine of 500 to 5,000 inclusive. 7.Use of throwaway plastic food containers in areas where use of such containers is prohibited shall be penalized with a fine of 200 to 2,000 yuan inclusive. Article 16 Administrative Punishments by Relevant Administrative Departments The production unit that fails to indicate its name and address on the throwaway plastic food container or the sales agency that fails to indicate its name and address on the throwaway plastic food container shall be penalized by product quality and technology supervision departments in accordance with relevant laws, rules and regulations. Article 17 Administrative Punishments by Sub-district Supervision Teams Anyone who discards at will throwaway plastic food containers to the detriment of environmental sanitation shall be enjoined by the sub-district supervision teams to make rectification. And cumulatively, a fine of not more than 50 yuan may be imposed on an individual and a fine of not more than 1,000 yuan may be imposed on a unit. Article 18 Retroaction Units that have already started production of throwaway plastic food containers in this Municipality before the implementation of these Procedures or units that have already started selling in this Municipality throwaway plastic food containers produced in other provinces or municipalities before the implementation of these Procedures shall, within 30 days upon the promulgation of these Procedures, register with the Municipal City Appearance and Environmental Sanitation Bureau or the district/county city appearance and environmental sanitation departments for registration. Article 19 Date of Implementation These Procedures shall become effective on October 1, 2000. |
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