Article 1 (Purpose and Basis)
In order to strengthen the management of kitchen waste oil treatment in this city, ensure food safety and promote the recycling of resources, according to the Food Safety Law of People's Republic of China (PRC), the Regulations on the Administration of City Appearance and Environmental Sanitation and the Shanghai Municipal Implementation? People's Republic of China (PRC) Food Safety Law? Measures "and other relevant laws and regulations, combined with the actual city, the enactment of this approach.
Article 2 (Scope of Application)
These Measures shall apply to the generation, collection, transportation, disposal and related supervision and management activities of kitchen waste oil within the administrative area of this Municipality.
Article 3 (Definitions)
The measures referred to in kitchen waste oil refers to the waste edible animal and vegetable oil and waste water containing edible animal and vegetable oil produced in catering service (including unit dining, hereinafter referred to as "catering service"), food production and processing, and food ready-to-eat and instant selling activities, in addition to the daily life of residents.
Article 4 (Administrative Department)
The municipal greening administrative department is responsible for the supervision and management of the collection, transportation and disposal of kitchen waste oil in this city. The district (county) greening administrative department is responsible for the supervision and management of the collection, transportation and disposal of kitchen waste oil within its jurisdiction.
The administrative departments of food and drug supervision, quality and technical supervision, industry and commerce, entry-exit inspection and quarantine in this Municipality shall be responsible for the supervision and management of the kitchen waste oil producing units in accordance with the division of responsibilities.
The administrative departments of development and reform, commerce, environmental protection, water affairs, public security, etc. of this Municipality shall, in accordance with their respective responsibilities, coordinate the implementation of these measures.
City food safety comprehensive coordination agency is responsible for the inter-departmental comprehensive coordination of the treatment and management of kitchen waste oil in this city.
Article 5 (Main Responsibilities of Units)
Business units (including individual industrial and commercial households, hereinafter referred to as "producing units") engaged in catering services, food production and processing, and food production and sales in this Municipality and units engaged in the collection, transportation and disposal of kitchen waste oil are responsible subjects for the treatment of kitchen waste oil, and shall strictly implement relevant national and municipal laws, regulations, rules and food safety standards, establish and improve relevant management systems, and immediately deal with and report to relevant administrative departments when problems are found.
Article 6 (Source Reduction, Resource Utilization and Comprehensive Management)
The city encourages reducing the amount of kitchen waste oil by improving processing technology and guiding the public to eat scientifically.
The implementation of resource utilization of kitchen waste oil in this city conforms to the industrial development orientation.
The city promoted the implementation of the integrated business model of collection, transportation and disposal of kitchen waste oil.
Article 7 (Determination of Receiving and Transportation Units)
The district (county) administrative department of greening and city appearance shall, according to the amount of kitchen waste oil produced in this area, determine the units engaged in the collection and transportation of kitchen waste oil in this area through bidding, and announce it to the public.
If the units determined in accordance with the provisions of the preceding paragraph cannot meet the demand for the collection and transportation of kitchen waste oil in this area, the district (county) administrative department of greening and city appearance shall increase it in accordance with the procedures specified in the preceding paragraph.
The generating unit may set up an enterprise that meets the conditions stipulated in the second paragraph of Article 8 of these Measures to collect and transport the kitchen waste oil generated by the unit, and it shall be approved by the municipal administrative department of greening and city appearance.
Units engaged in the collection and transportation of kitchen waste oils and fats and enterprises that collect and transport the kitchen waste oils and fats produced by this unit (hereinafter referred to as the collection and transportation units) shall meet the relevant collection and transportation requirements as stipulated in the present Measures.
It is forbidden for any unit or individual to engage in the collection and transportation of kitchen waste oil without authorization.
Article 8 (Bidding Scheme and Bidding Requirements of Receiving and Shipping Units)
The district (county) greening administrative department shall organize the preparation of the bidding scheme for the collection and transportation units, clarify the quantity and conditions, service scope and service period of the collection and transportation units, and report to the municipal greening administrative department for review and implementation.
The collection and transportation unit shall meet the following requirements:
(1) It has the qualification of an enterprise as a legal person with a registered capital of not less than 5 million yuan.
(2) It has its own van-type freight vehicles and collection containers suitable for the collection of kitchen waste grease, and has obtained a road transport vehicle operation license; Vehicles and collection containers are equipped with electronic monitoring equipment.
(3) Having storage, primary processing places and vehicle parking places suitable for the collection and transportation of kitchen waste grease; The site selection of storage and primary processing sites and pollution prevention facilities shall comply with the provisions of the state and this Municipality on environmental protection management, and electronic monitoring equipment shall be installed.
(four) an information management system that meets the requirements of the municipal administrative department of greening and city appearance.
(5) Having a sound enterprise management system.
The district (county) administrative department in charge of greening and city appearance may set the bidding conditions stricter than those stipulated in the preceding paragraph when bidding.
The district (county) greening administrative department shall sign a collection and transportation service agreement with the winning collection and transportation unit (hereinafter referred to as the "collection and transportation service agreement"). The collection and transportation service agreement shall specify the service scope, service period, service specifications, the destination of the collected kitchen waste oil, the withdrawal mechanism, the liability for breach of contract, etc.
Article 9 (Determination of Disposal Units)
The municipal administrative department of greening and city appearance shall, according to the disposal amount of kitchen waste oil in this city, determine the units engaged in the disposal activities of kitchen waste oil in this city (hereinafter referred to as the "disposal units") through bidding, and announce them to the public.
If the disposal units determined in accordance with the provisions of the preceding paragraph cannot meet the needs of the disposal of kitchen waste oil in this city, the municipal administrative department of greening and city appearance shall increase the disposal units in accordance with the procedures specified in the preceding paragraph.
It is forbidden for any unit or individual to engage in the disposal of kitchen waste oil without authorization.
Article 10 (Bidding Requirements for Disposal Units)
The disposal unit shall meet the following requirements:
(1) It has the qualification of an enterprise as a legal person, and its registered capital is not less than1000000 yuan.
(2) Having disposal facilities, measuring and raw material testing equipment that meet the disposal requirements; After disposal, the products meet the requirements of the city's industrial development orientation, and the disposal technology and technology adopted meet the relevant national standards.
(3) The site selection and pollution prevention facilities of the disposal site conform to the provisions of the state and this Municipality on environmental protection management, and electronic monitoring equipment has been installed.
(four) there are more than five people with professional and technical titles.
(five) an information management system that meets the requirements of the municipal administrative department of greening and city appearance.
(6) Having a sound enterprise management system.
When inviting tenders, the municipal administrative department of greening and city appearance may set the tender conditions stricter than those stipulated in the preceding paragraph.
The municipal administrative department of greening and city appearance shall sign a service agreement on the disposal of kitchen waste oil with the winning bidder (hereinafter referred to as the "disposal service agreement"). The disposal service agreement shall specify the service scope, service term, service specification, products after the disposal of kitchen waste oil and its destination, withdrawal mechanism, liability for breach of contract and other contents.
Article 11 (Directional Collection and Transportation)
The generating unit shall deliver the generated kitchen waste oil to the collection and transportation unit determined in Article 7 of these Measures, and sign a collection and transportation contract with the collection and transportation unit. The collection and transportation contract shall specify the collection and transportation time, frequency, quantity and the purchase price of kitchen waste oil.
The purchase price of kitchen waste oil shall be determined according to the guiding price for the purchase of kitchen waste oil formulated by the catering and cooking industry association, food association and city appearance and environmental sanitation industry association of this Municipality. The municipal administrative department of greening and city appearance shall, in accordance with the principle of being conducive to the collection and transportation of kitchen waste oil, give guidance on the formulation of the guiding price for the purchase of kitchen waste oil.
The generating unit shall not provide the kitchen waste oil to other units and individuals other than the collection and transportation unit specified in the first paragraph of this article, or allow other units and individuals to collect and transport the kitchen waste oil generated by this unit.
Article 12 (Directional Disposal)
The collection and transportation unit shall send the kitchen waste oil to the disposal unit determined in the first paragraph of Article 9 of these Measures for disposal, and sign a disposal contract with the disposal unit. The disposal contract shall clearly send the water content index of kitchen waste oil, the purchase price of kitchen waste oil disposal and other contents; Among them, the purchase price of kitchen waste oil disposal is determined according to the guiding price of kitchen waste oil disposal formulated by the city appearance and environmental sanitation industry association.
Article 13 (Contract Filing)
The collection and transportation unit shall, within 3 days from the date of signing the collection and transportation contract, report the collection and transportation contract to the district (county) where the transportation service is located for the record.
The disposal unit shall, within 3 days from the date of signing the disposal contract, report the disposal contract to the municipal greening and city appearance administrative department for the record.
Article 14 (Declaration of Production Units)
The generating unit shall report the type and output of kitchen waste oil this year to the local (county) administrative department of greening and city appearance with 1 every year.
Article 15 (Installation Requirements of Production Devices)
The generating unit shall set up a special container to collect kitchen waste oil. Among them, catering service units should also install oil-water separators that meet the requirements in accordance with the relevant promotion plans of this Municipality.
The technical specifications of the oil-water separator shall meet the requirements of the National Food Waste Water Separation Tank (CJ/T295-2008).
If the newly established catering service unit fails to install the oil-water separator as required, the food and drug supervision department shall not issue the catering service license, the entry-exit inspection and quarantine department shall not issue the port hygiene license, and the environmental protection department shall not approve the environmental impact assessment document.
Article 16 (Requirements for Collection and Use of Generator Sets)
The generating unit shall keep the kitchen waste oil collection container and oil-water separator intact and in normal use.
The generating unit shall collect the kitchen waste oil separately, and shall not mix the kitchen waste oil with other domestic garbage such as kitchen waste or store it naked.
Article 17 (Receipt and Transportation Joint Sheet)
When the production unit delivers the kitchen waste oil to the collection and transportation unit, it shall confirm the type and quantity of the delivered kitchen waste oil, and sign and seal the list of collection and transportation services for kitchen waste oil (hereinafter referred to as the list of collection and transportation) in accordance with the format prescribed by the municipal administrative department of greening and city appearance.
The storage period of receipts and transport documents shall not be less than two years.
Article 18 (Collection and Transportation Requirements)
The collection and transportation unit shall, in accordance with the requirements of the collection and transportation service agreement and the collection and transportation contract, regularly collect and transport the kitchen waste oil of the generating unit.
The collection and transportation unit shall, in accordance with the requirements of the municipal administrative department of greening and city appearance, display its name, logo and other information outside the vehicle for collecting and transporting kitchen waste oil.
When the collection and transportation unit collects and transports the kitchen waste oil, the electronic monitoring equipment of the collection and transportation vehicles and containers shall be kept on, and connected with the information management system of the district (county) greening and city appearance administrative department in real time.
The collection and transportation unit shall carry out closed transportation of kitchen waste oil, and shall not drip or spill.
Article 19 (Requirements for Receiving and Transportation Personnel)
The collection and transportation personnel engaged in the collection and transportation of kitchen waste oil shall wear uniform work clothes and identity labels in accordance with the requirements of the city appearance and environmental sanitation industry association.
Collection and transportation personnel shall participate in the training organized by the city appearance and environmental sanitation industry association and pass the examination.
Article 20 (Requirements for Storage and Primary Processing Sites)
When vehicles collecting and transporting kitchen waste oil enter the storage and primary processing places, the collection and transportation unit shall check the types and quantities of kitchen waste oil recorded in the collection and transportation list with the types and quantities of kitchen waste oil actually collected and transported by vehicles.
Electronic monitoring equipment installed in storage and primary processing places shall be kept on all day, and connected with the information management system of the district (county) administrative department of greening and city appearance in real time.
Waste water, waste gas and waste residue discharged from storage and primary processing sites shall meet the requirements of the state and this Municipality on environmental protection management.
Article 21 (Handling of Joint Documents)
When the collection and transportation unit sends the kitchen waste oil to the disposal unit, it shall confirm the type and quantity of the kitchen waste oil, and sign and seal it with the disposal unit in the "Joint List of Kitchen Waste Oil Disposal Service" in accordance with the format prescribed by the municipal administrative department of greening and city appearance.
The storage period of the joint list of kitchen waste oil disposal services shall not be less than two years.
Article 22 (Disposal Requirements)
The disposal unit shall dispose of the kitchen waste oil according to the requirements of the disposal service agreement. The products after the disposal of kitchen waste oil shall meet the corresponding product quality standards.
The electronic monitoring equipment installed in the disposal site should be kept open all day, and connected with the information management system of the municipal administrative department of greening and city appearance in real time.
The disposal unit shall keep the kitchen waste oil disposal facilities and equipment in good condition, and regularly test and evaluate the performance and environmental protection indicators of relevant facilities and equipment.
Waste water, waste gas and waste residue discharged from disposal sites shall meet the requirements of the state and this Municipality on environmental protection management.
Article 23 (Requirements for Prohibition of Disposal)
The disposal unit shall not resell or use for other purposes untreated kitchen waste oil or products that do not meet the corresponding product quality standards after disposal.
Without the consent of the municipal administrative department of greening, the disposal unit shall not suspend business without authorization.
Article 24 (Accounting and Information Management Requirements)
The generating unit, the collection and transportation unit and the disposal unit shall establish a record account of kitchen waste oil, and truthfully record the type, quantity, time and the name of the relevant unit of daily delivery, collection, transportation or disposal of kitchen waste oil.
The collection and transportation unit and the disposal unit shall record the contents of the record book specified in the preceding paragraph and the information such as the detection and evaluation results formed in accordance with the provisions of the third paragraph of Article 22 of these Measures into the information management system of the unit, and submit the information recorded by the information management system to the administrative department of greening and city appearance every month.
Collection and transportation units and disposal units shall, in accordance with the requirements of the municipal greening administrative department, gradually connect the information management system of their own units with the information management system of the greening administrative department.
Production units, collection and transportation units and disposal units shall, in accordance with the requirements of the municipal administrative department of greening and appearance, gradually use electronic forms.
Article 25 (Industry Self-discipline)
The city's catering and cooking industry associations, food associations and city appearance and environmental sanitation industry associations shall formulate industry self-discipline systems, and urge production units, collection and transportation units and disposal units to strengthen the management of the production, collection, transportation and disposal activities of kitchen waste oil; For member units that violate the industry self-discipline system, corresponding self-discipline and disciplinary measures can be taken.
Article 26 (Assessment System)
The municipal and district (county) greening administrative departments shall, jointly with the relevant administrative departments of food safety comprehensive coordination agencies, food and drug supervision, quality and technical supervision, industry and commerce, environmental protection, water affairs, public security, urban management and law enforcement, entry-exit inspection and quarantine, review the collection, transportation and disposal activities of kitchen waste oil by collection and transportation units and disposal units every year, and announce the review results to the society.
If the collection, transportation and disposal unit fails to pass the examination, the administrative department in charge of greening can suspend or terminate its collection, transportation and disposal activities of kitchen waste oil according to the collection, transportation and disposal service agreement.
Article 27 (Relevant License Supervision)
The administrative departments of food and drug supervision, entry-exit inspection and quarantine in this Municipality shall, in accordance with the provisions of these Measures, take the establishment and implementation of the installation and use of oil-water separators in catering service units, as well as the management systems of declaration, collection and transportation contracts, collection and transportation receipts and records, as one of the audit contents for the issuance and extension of catering service licenses and port health licenses.
The municipal quality and technical supervision department shall take the establishment and implementation of the management system of food production and processing units' kitchen waste oil production declaration, collection and transportation contract, collection and transportation list and record account as one of the audit contents of food production license issuance and renewal.
Shopping malls, supermarkets and other food business premises, the municipal administrative department for Industry and Commerce shall be the establishment and implementation of the management system of kitchen waste oil production declaration, collection and transportation contract, collection and transportation list, record account, etc. as one of the audit contents of the issuance and continuation of food circulation licenses.
Article 28 (Access to Information)
The municipal administrative department of greening and city appearance shall strengthen communication with the relevant administrative departments of the municipal food safety comprehensive coordination agency and the municipal food and drug supervision, quality and technical supervision, industry and commerce, environmental protection, water supply, public security, urban management and law enforcement, entry-exit inspection and quarantine, and establish a supervisory information sharing system for kitchen waste oil.
Article 29 (Emergency Disposal)
City and district (county) greening administrative departments shall prepare emergency plans for the treatment of kitchen waste oil, and do a good job in the emergency disposal of kitchen waste oil collection, transportation and disposal activities.
Article 30 (Handling of Complaints)
Any unit or individual who finds any violation of these measures may complain or report to the relevant administrative departments of this Municipality.
After receiving complaints and reports, the relevant administrative departments shall handle the cases within their own scope of duties within the prescribed time limit and feedback the results; If it does not belong to the responsibilities of this department, it shall be handed over to the department that has the right to handle it.
Article 31 (Disposal of Unauthorized Collection, Transportation and Disposal)
Whoever, in violation of the provisions of the fifth paragraph of Article 7 and the third paragraph of Article 9 of these measures, engages in the collection, transportation and disposal of kitchen waste oil without authorization, shall be ordered by the urban management law enforcement department to stop the illegal act immediately and be fined not less than 50,000 yuan but not more than 654.38+10,000 yuan; The violator shall, under the supervision of the urban management and law enforcement department, hand over the kitchen waste oil collected, transported or disposed of without authorization to the collection and transportation unit or disposal unit that conforms to the provisions of the present Measures, and the expenses required shall be borne by the violator.
Any unit or individual who engages in the collection, transportation and disposal of kitchen waste oil without authorization and disrupts the market order, if the circumstances are serious, shall be investigated for criminal responsibility according to law.
Article 32 (Penalties for Production Units)
In violation of the provisions of the third paragraph of Article 11 of these measures, if the generating unit provides the kitchen waste oil to other units and individuals or allows other units and individuals to collect and transport it, the urban management law enforcement department shall order it to make corrections within a time limit and impose a fine of more than 20,000 yuan and less than 50,000 yuan.
Article 33 (Penalties for Collection and Transportation Units)
In violation of the provisions of these measures, the collection and transportation unit has one of the following acts, and the urban management law enforcement department shall order it to make corrections within a time limit, and shall be punished in accordance with the following provisions:
(a) in violation of the provisions of Article 12 of these measures, the kitchen waste oil is not sent to the disposal unit determined in these measures for disposal, and a fine of 20,000 yuan to 50,000 yuan is imposed;
(two) in violation of the provisions of the first paragraph of Article 13 of these measures, the contract of collection and transportation is not filed as required, and a fine of more than 3000 yuan 1000 yuan is imposed;
(three) in violation of the provisions of the third paragraph of Article 18 and the second paragraph of Article 20 of these measures, the electronic monitoring equipment is not kept on or connected to the Internet in real time as required, and a fine of 3,000 yuan to 10000 yuan is imposed;
(four) in violation of the provisions of the twentieth paragraph of these measures, not in accordance with the requirements of the inspection, a fine of 2000 yuan to 5000 yuan.
Article 34 (Penalties for Disposal Units)
In violation of the provisions of these measures, the disposal unit has one of the following acts, and the urban management law enforcement department shall order it to make corrections within a time limit, and shall be punished in accordance with the following provisions:
(a) in violation of the provisions of the second paragraph of article thirteenth of these measures, failing to handle the disposal contract for the record, a fine of more than 3000 yuan 1000 yuan shall be imposed;
(two) in violation of the provisions of the second paragraph of article twenty-second, failing to keep the electronic monitoring equipment open or real-time networking, and impose a fine of 3000 yuan to 10000 yuan;
(three) in violation of the provisions of the second paragraph of article twenty-third, without consent, suspend business without authorization, and impose a fine of 50 thousand yuan to 65438+ 10 thousand yuan.
If the disposal unit suspends business without authorization, which seriously affects public interests and safety, the municipal administrative department of greening and city appearance may terminate the disposal service agreement.
Article 35 (Penalties for Violation of Accounting and Information Management Requirements)
In violation of the provisions of these measures, one of the following acts shall be ordered by the urban management law enforcement department to make corrections within a time limit and impose a fine of 2000 yuan to 5000 yuan:
(a) in violation of the provisions of the first paragraph of Article 24 of these measures, the production unit, the collection and transportation unit or the disposal unit fails to establish a record ledger of kitchen waste oil as required;
(two) in violation of the provisions of the second paragraph of article twenty-fourth, the collection and transportation unit or the disposal unit fails to submit the information recorded in the information management system as required.
Article 36 (Transfer of Cases)
The administrative departments of food and drug supervision, quality and technical supervision, industry and commerce, entry-exit inspection and quarantine of this Municipality shall collect relevant evidence materials and transfer the case materials to the urban management and law enforcement departments in a timely manner if they find that the production unit has violated these measures and does not belong to the responsibilities of this department.
Article 37 (Administrative Responsibility)
In violation of the provisions of the present measures, the municipal and district (county) greening administrative departments, urban management law enforcement departments and other relevant administrative departments and their staff members have one of the following acts, and their units or the competent department at a higher level shall give demerits or gross demerits to the directly responsible personnel in charge and other directly responsible personnel according to law; If the circumstances are serious, demotion or dismissal shall be given:
(1) Illegally determining the collection and transportation unit or the disposal unit;
(two) the conditions stipulated in these Measures are not included in the relevant administrative licensing examination;
(3) failing to deal with the illegal collection, transportation and disposal of kitchen waste oil found or complained or reported according to law;
(four) other acts of abuse of power, dereliction of duty, favoritism.
Article 38 (Treatment of Producing Edible Oil from Animals, Animal Products and Food Processing Wastes)
Livestock, poultry and other animals and animal products. Those who have died of illness or deteriorated shall be treated harmlessly in accordance with the Law of People's Republic of China (PRC) on Animal Epidemic Prevention and the Regulations of Shanghai on Animal Epidemic Prevention, and shall not be used as raw materials for the production of edible oil.
Food processing wastes shall be disposed of in accordance with the provisions of laws and regulations such as the Measures for the Administration of the Disposal of Kitchen Wastes in Shanghai, and shall not be used as raw materials for the production of edible oil.
The administrative departments of agriculture, food and drug supervision, quality and technical supervision, industry and commerce, greening, city appearance, etc. of this Municipality shall strengthen the supervision and management of the disposal activities of dead livestock and poultry, animal products and food processing wastes according to law.
Article 39 (Effective Date)
These Measures shall come into force on March 1 day, 2065.