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Procedures of Shanghai Municipality on Preventing and Controlling Pollution by Waste Edible Oils and Fats
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| (Promulgated by Decree No. 80 of Shanghai Municipal People's Government on December 29, 1999) Article 1 Purpose and Basis These Procedures are formulated pursuant to relevant laws and regulations to prevent pollution by waste edible oils and fats caused by the catering trade and the food processing industry of this Municipality, to protect and improve the environment, and to protect the health of the people. Article 2 Definition "Waste edible oils and fats" in these Procedures (hereinafter referred to as "waste oils and fats") mean the no longer edible vegetable and animal oils and fats produced by the catering trade and the food processing industry in the course of doing business, including the no longer edible oils and fats in the form of used oils and fats and the no longer edible oils and fats resulting from treatment of waste water containing oils and fats by oil water separators and oil separation tanks. Article 3 Scope of Application These Procedures shall apply to all that engage in the disposal, collection and recycling of waste oils and fats and in related management activities in this Municipality. Article 4 Competent Administrative Departments The Shanghai Municipal Commerce Commission shall be responsible for coordinating the work of fixing and appointing the sites for the collection and recycling of waste oils and fats. The Shanghai Municipal Environmental Protection Bureau (hereinafter referred to as the Municipal Environmental Protection Bureau) shall be responsible for the unified supervision and administration of preventing and controlling pollution by waste oils and fats. The District /County Environmental Protection Bureau (hereinafter referred to as the District/County Environmental Protection Bureau) shall be responsible for the supervision and administration of preventing and controlling pollution by waste oils and fats within their respective jurisdiction in accordance with their given job responsibilities. The administrative departments in charge of industry and commerce, public health, public security and environment sanitation shall act together in preventing and controlling by waste oils and fats in accordance with their respective job responsibilities. Article 5 Provision for Disposal Catering and food processing businesses must use special purpose containers for keeping waste oils and fats when they dispose of them. They must use facilities like oil water separators or oil separation tanks in prescribed ways when they dispose of waste water that contains oils and fats. Article 6 Reporting and Registration of Disposal When catering and food processing businesses dispose of waste oils and fats, they must, as provided for by rules and regulations, report truthfully to and register with the Environmental Protection Bureau of the district/county where they are respectively located as to the types, quantities and destinations of the waste oils and fats and facilities and modes of pollution prevention. In case there is need to change the types, quantities and destinations of the waste oils and fats to be disposed of, the formalities of reporting and registering the change must be completed within 30 days prior to the change. Article 7 Provisions for Collection and Recycling Waste oils and fats disposed of by catering and food processing business must be collected and recycled by organizations that are appointed by the Municipal Environmental Protection Bureau to engage in such business. Article 8 Qualifications of Collection Organizations An organization that engages in the activity of collecting waste oils and fats must acquire a business license for industry/commerce, and must meet the following qualifications: 1.It must have a collection team that has had training and is equipped with knowledge about the prevention of pollution by waste oils and fats; 2.It must have a signed agreement with waste oils and fats recycling organizations appointed by the Municipal Environmental Protection Bureau to engage in such business; 3. It must have means of transportation that satisfies the requirements of environment sanitation and public security traffic control. The collection and distribution centers and storage sites for further shipment of waste oils and fats and facilities thereof must meet the requirements of environmental protection. Article 9 Qualifications of Recycling Organizations An organization that engages in the activity of recycling waste oils and fats must acquire a business license for industry/commerce and must meet the following qualifications: 1. It must have a professionally trained staff with full mastery of the technology of recycling waste oils and fats; 2. It must have a signed agreement with collection organizations that are appointed by the Municipal Environmental Protection Bureau to engage in such business; 3. It must have an acceptance certificate for its facilities for pollution control. Article 10 Qualifications of Organizations Doubling as Collection and Recycling Organizations An organization that doubles as both a collection and a recycling organization of waste oils and fats must meet all the qualifications set forth in Articles 8 and 9 of these Procedures, with the exception of those regarding signed agreements. Article 11 Provisions for Collection and Recycling Organizations An organization that is appointed by the Municipal Environmental Protection Bureau to engage in waste oils and fats collection and/or recycling must make a practice of keeping a regular ledger for its waste oils and fats collection and sales business and keep a clear record of all transactions. An organization that engages in the activity of collecting waste oils and fats must provide its collection workers with a special identical insignia; collection workers must wear this special identical insignia at work. An organization that engages in the activity of collecting waste oils and fats must not sell them to organizations or individual persons that are not appointed by the Environmental Protection Bureau to engage in such business. An organization that engages in the activity of recycling waste oils and fats must not use or sell the recycled waste oils and fats as edible oils and fats. Article 12 Publication The Municipal Environmental Protection Bureau must publicize to society at large the names, business address and legal representatives of organizations that are appointed to engage in the collection and recycling of waste oils and fats. Article 13 Disciplinary Penalty Anyone that has committed any of the following acts in violation of these Procedures shall be ordered by the administrative department in charge to correct it or do so within a specified period of time, and shall be subjected to punishment in accordance with the following stipulations: 1. Anyone that fails to dispose of waste oils and fats in accordance with rules and regulations shall receive a warning from the Municipal or District/County Environmental Protection Bureau and may be subjected to a fine of 1,000 to 10,000 yuan inclusive; 2. Anyone that fails to observe the formalities of reporting and registration with regard to the disposal of waste oils and fats shall receive a warning from the Municipal or District/County Environment Protection Bureau, and may be subject to a fine of 10,000 yuan at the maximum; 3. Anyone that sells waste sells waste oils and fats to organizations or individual persons that are not appointed by the Municipal Protection Bureau to engage in such business shall receive a warning from the Municipal Environment Protection Bureau or the District/County Environmental Protection Bureau concerned and may be subjected to a fine of 1,000 to 30,000 yuan inclusive; 4. Any waste and fats collection worker that fails to wear his/her special identical insignia at work shall be subjected to a fine of 100 yuan at the maximum by the Municipal Environment Protection Bureau or the District/County Environmental Protection Bureau concerned; 5. Any organization or individual person that engages in the collection or recycling of waste oils and fats without appointment by the Municipal Environmental Protection Bureau to engage in such business shall be subjected to a fine of 500 to 30,000 yuan inclusive; 6. Anyone that fails to make a practice of keeping a regular ledger for waste oils and fats collection and sale shall be subjected to a fine of 10,000 yuan at the maximum by the Municipal Environmental Protection Bureau or the District/County Environmental Protection Bureau concerned; or 7. Those who sell waste oils and fats as edible oil shall be subject to a fine of 5,000 to 30,000 yuan by the municipal or district/county environmental protection bureau; Any organization or individual person that purchase waste oils and fats for purposes of food processing, or use waste oils and fats to process food shall be punished by the administrative department in charge of public health in accordance with relevant laws and regulations; anyone that violates the provisions of these Procedures may be punished by the administrative department in charge of industry and commerce in accordance with relevant laws and regulations. Article 14 Liability of Law Enforcement Persons Government functionaries of the administrative concerned shall observe laws and disciplines and be impartial in enforcing the law. Anyone that neglects his/her duty, abuses his/her power, commits fraudulent acts for personal gains, or asks for or takes bribes or perverts the law in enforcement shall be subjected to disciplinary sanctions by the organization to which he/she belongs or by a higher administrative department in charge. If the offense constitutes a crime, the criminal responsibility shall be investigated into according to law. Article 15 Review and Legal Proceedings If the party concerned refuses to accept a particular administrative action of the administrative department concerned, it may apply for administrative review or institute administrative proceedings in accordance with the Law of the People's Republic of China on Administrative Review and the Administrative Procedure Law of the People's Republic of China. If the party concerned does not apply for administrative review or institute administrative proceedings within the period of time prescribed by law, and yet does not comply with the administrative action, the administrative department in charge that has taken the administrative action may resort to forcible enforcement according to law, or apply to the people's court for forcible enforcement. Article 16 Effective Date These Procedures shall become effective on March 1, 2000 . |
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