Несколько положений администрации Шанхая о сокращении объёмов упаковочных материалов для товаров

[ppzhan abstract] The Several Provisions of Shanghai Municipality on the Reduction of Commodity Packaging were adopted at the 37th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 21, 2012, and are hereby promulgated, effective as of February 1, 2013.

Several Provisions of Shanghai Municipality on the Reduction of Commodity Packaging

(Adopted at the 37th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 21, 2012)

Article 1 These Provisions are formulated in accordance with the Cleaner Production Promotion Law of the People's Republic of China, the Circular Economy Promotion Law of the People's Republic of China, the Standardization Law of the People's Republic of China and other laws and regulations, and in light of the actual conditions of this Municipality, in order to limit excessive packaging of commodities, reduce consumption costs, reduce the generation of packaging waste, rationally utilize resources and protect the environment.

Article 2 These Provisions apply to the packaging of commodities produced and sold within the administrative area of this Municipality and to the supervision and administration thereof.

Article 3 The reduction of packaging materials shall adhere to the principles of corporate self-discipline, government management and guidance, industry self-regulation, and joint supervision by society.

Article 4 The quality and technical supervision department shall be responsible for the supervision and administration of the reduction of commodity packaging.

Administrative departments such as industry and commerce, and food and drug supervision shall, when carrying out supervision and inspection of the quality of relevant commodities, include the packaging of commodities in the scope of inspection, and shall inform the quality and technical supervision department at the same level of the inspection results.

The administrative department of development and reform shall, together with the relevant departments, formulate and improve policies and measures to promote the reduction of commodity packaging in accordance with these Provisions.

Administrative departments such as economy and informatization, and environmental protection shall include the packaging of commodities in the scope of cleaner production audits, and urge production enterprises to package their products reasonably.

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

Administrative departments such as landscaping and city appearance, and pricing shall, within the scope of their respective duties, cooperate in the reduction of commodity packaging.

Article 5 Commodity packaging shall be reasonable; on the premise of meeting normal functional requirements, its materials, structure and cost shall be commensurate with the characteristics, specifications and cost of the commodity contained therein, so as to reduce the generation of packaging waste.

For commodities for which the State has formulated standards limiting excessive packaging, this Municipality shall exercise key supervision; for those for which the State has not yet formulated such standards, the municipal quality and technical supervision department may, together with the relevant administrative departments and industry associations, formulate guiding specifications for commodity packaging.

Article 6 Producers and sellers shall not violate the mandatory provisions in the State standards limiting excessive packaging of commodities (hereinafter referred to as the mandatory provisions) when packaging commodities.

Sellers shall not sell commodities that violate the mandatory provisions. Sellers shall clearly agree with the commodity supplier that commodity packaging must comply with the mandatory provisions, and shall verify the packaging of commodities during incoming goods inspection and acceptance; where necessary, they may require the commodity supplier to issue proof that the commodity packaging complies with the mandatory provisions. Where the commodity packaging violates the mandatory provisions, or the commodity supplier refuses to provide the relevant proof, the seller may refuse to take delivery in accordance with the contract.

Article 7 This Municipality encourages enterprises to do a good job in reducing commodity packaging while ensuring the safety and hygiene of commodities, and encourages enterprises to give priority to packaging materials that are recyclable, renewable, recoverable or readily degradable.

This Municipality advocates that producers and sellers clearly indicate on the outer packaging of commodities information such as the recovery and reuse of packaging materials and packaging costs, and carry out the recovery and reuse of packaging materials.

When sellers and commodity suppliers conclude supply and marketing contracts, they may make provisions for the recovery of commodity packaging materials. For commodity packaging materials listed in the State mandatory recovery catalogue, the producers or the sellers entrusted by them to carry out recovery shall recover them.

Where commodities are procured using fiscal funds, under equal conditions, priority shall be given to procuring commodities that comply with the guiding specifications of this Municipality, and commodities violating the mandatory provisions shall not be procured.

Article 8 Industry associations shall strengthen industry self-discipline, urge enterprises to implement the laws, regulations, standards and specifications on limiting excessive packaging of commodities, guide enterprises to make public commitments to society on matters such as the reduction of packaging materials, and promote the reduction of packaging materials.

Industry associations may formulate and organize the implementation of industry self-discipline rules that are stricter than the State mandatory provisions and the guiding specifications of this Municipality; for commodities for which neither the State nor this Municipality has formulated standards or guiding specifications limiting excessive packaging, they may formulate and organize the implementation of corresponding industry self-discipline rules.

Under the guidance of the relevant government departments, industry associations may organize and carry out the certification of simple packaging of commodities.

Article 9 The quality and technical supervision department shall adopt a combination of supervisory spot checks and special inspections in its supervision and inspection of commodity packaging, and testing work shall be entrusted to qualified technical institutions. The funds for supervision and inspection shall be allocated by the finance department at the same level and shall not be charged to those subject to inspection.

The municipal quality and technical supervision department shall promptly make public the results of supervision and inspection, and shall publicly announce through the media the producers and sellers with serious illegal circumstances and the commodities involved.

When the quality and technical supervision department organizes and carries out supervision and inspection of commodity packaging, other relevant government departments shall coordinate in the supervision and inspection work.

Article 10 The municipal quality and technical supervision department shall publish on its government website the standards and specifications formulated by the state and this municipality for restricting excessive packaging of commodities, to facilitate public inquiry.

Where the public finds that commodity packaging violates mandatory provisions, they may report it to the quality and technical supervision department, and the quality and technical supervision department shall promptly investigate and handle it.

Media such as radio stations, television stations, newspapers and periodicals, and Internet websites shall carry out social supervision and public-interest publicity on reducing commodity packaging materials, expose and criticize illegal acts in commodity packaging, and guide consumers to consume reasonably. They shall not publicize or advertise commodities that violate mandatory provisions.

Article 11 Where a producer packages commodities in violation of mandatory provisions, the quality and technical supervision department shall order it to stop the illegal act and make corrections within a prescribed time limit.

Where a seller sells commodities that violate mandatory provisions, the quality and technical supervision department shall order it to stop sales and make corrections within a prescribed time limit; if it refuses to stop sales, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed.

Article 12 These Provisions shall come into force on February 1, 2013.

— This article is reposted from China Packaging Network (pack.cn). Original link: http://news.pack.cn/show-361996.html