Interpretation of the Several Provisions of Shanghai Municipality on the Reduction of Commodity Packaging

[ppzhan abstract]

On July 23, the 35th session of the 13th Shanghai Municipal People's Congress Standing Committee deliberated on China's first local regulation on reducing commodity packaging — the Several Provisions of Shanghai Municipality on the Reduction of Commodity Packaging (Draft) (hereinafter referred to as the "Draft Provisions") — and widely solicited opinions from society. The Draft Provisions set out clear provisions on the scope of responsibilities of each department. The Draft Provisions make clear that the sales link, as the end point, serves as the regulatory lever, and strengthen sellers' obligation to check goods on purchase. The Draft Provisions also attach great importance to the recycling and reuse of packaging materials and stipulate reduction measures.

■ Administrative departments such as those for environmental protection shall incorporate the packaging of commodities into the content of cleaner production audits and urge manufacturing enterprises to package their products reasonably.

■ For commodity packaging materials listed in the national mandatory recycling catalogue, producers and sellers shall recycle them in accordance with relevant provisions.

■ Where the public finds that commodity packaging violates mandatory provisions, it may demand that sellers stop selling and report the matter to the quality and technical supervision department.

Shanghai is saying "no" to excessive commodity packaging through local legislation. On July 23, the 35th session of the 13th Shanghai Municipal People's Congress Standing Committee deliberated on China's first local regulation on reducing commodity packaging — the Several Provisions of Shanghai Municipality on the Reduction of Commodity Packaging (Draft) (hereinafter referred to as the "Draft Provisions") — and widely solicited opinions from society.

This is China's first local regulation on reducing commodity packaging, and it strengthens sellers' obligation to check goods on purchase

To implement this regulation on reducing commodity packaging, all relevant functional departments need to perform their respective duties and form a joint force. The Draft Provisions sets out clear provisions on the scope of responsibilities of each department:

"The quality and technical supervision department is responsible for the supervision and administration of the reduction of commodity packaging."

"Administrative departments such as those for industry and commerce and for food and drug supervision shall, when carrying out supervision and inspection of commodity quality, incorporate the packaging of commodities into the scope of inspection and inform the quality and technical supervision department at the same level of the inspection results."

"The administrative department for development and reform shall, together with the departments of finance and other relevant departments, formulate incentive measures for the reduction of commodity packaging in accordance with these Provisions."

"Administrative departments such as those for economic informatization and environmental protection shall incorporate the packaging of commodities into the content of cleaner production audits and urge manufacturing enterprises to package their products reasonably."

"The administrative department for commerce shall urge commercial enterprises to strengthen the inspection and acceptance of incoming goods in accordance with the requirements of these Provisions, and, together with relevant departments, advance the recycling and reuse of commodity packaging."

"Administrative departments such as those for landscaping and city appearance and for pricing shall, within the scope of their respective duties, coordinate in doing a good job in the reduction of commodity packaging."

The Draft Provisions sets out packaging requirements: "Commodity packaging shall be reasonable; on the premise of meeting normal functional needs, its material, structure and cost shall be compatible with the characteristics, specifications and cost of the packaged commodity, so as to reduce the generation of packaging waste."

At present, the national standards limiting excessive packaging of commodities cover only food and cosmetics, while the packaging of some electronic products, gifts and toys also clearly exceeds the necessary limits, yet there is a lack of standards for making such a determination. In response, the Draft Provisions proposes a corresponding provision: "For commodities for which the state has already formulated standards limiting excessive packaging, this Municipality shall carry out key supervision; for those for which the state has not yet formulated standards limiting excessive packaging, the municipal quality and technical supervision department may, together with relevant administrative departments and industry associations, formulate guiding specifications for commodity packaging."

In terms of standard formulation, the standards of some developed countries for limiting excessive packaging of commodities should have reference value. Japan has detailed data provisions on packaging volume and packaging value, making clear that the empty space inside a container should not exceed 20% of the container volume; that packaging costs should not exceed 15% of the product's selling price; and requiring that the value of the product be indicated on the packaging. The United States prohibits "deceptive packaging," providing that where the packaging volume clearly exceeds that of the commodity by 10%, and the packaging cost exceeds 30% of the commodity, it should be judged as "commercial fraud" that infringes on consumers' rights and interests. Therefore, relevant departments should refer to the standards of some developed countries for limiting excessive packaging of commodities, formulate relevant standards and specifications as soon as possible, and further improve the operability of the Draft Provisions.

— This article is reposted from China Packaging Network (pack.cn). Original link: http://news.pack.cn/show-362047.html