Order of the president of the people's Republic of China
The anti food waste law of the people's Republic of China, which was adopted at the 28th meeting of the Standing Committee of the 13th National People's Congress of the people's Republic of China on April 29, 2021, is hereby promulgated and shall come into force as of the date of promulgation.
Xi Jinping, President of the people's Republic of China
April 29, 2021
The full text is as follows:
Anti food waste law of the people's Republic of China
(adopted at the 28th meeting of the Standing Committee of the 13th National People's Congress on April 29, 2021)
Article 1 this law is formulated in accordance with the Constitution for the purpose of preventing food waste, ensuring national food security, carrying forward the traditional virtues of the Chinese nation, practicing socialist core values, conserving resources, protecting the environment, and promoting sustainable economic and social development.
Article 2 "food" as mentioned in this Law refers to the food specified in the food safety law of the people's Republic of China, including all kinds of food for human consumption or drinking.
The term "food waste" as mentioned in this Law refers to the failure to make rational use of food that can be safely eaten or drunk according to its functional purpose, including waste, reduction of food quantity or quality due to unreasonable utilization, etc.
Article 3 the State practices strict economy and opposes waste.
The state adheres to the principle of simultaneous development of multiple measures, precise policy implementation, scientific management and social co governance, and adopts technically feasible and economically reasonable measures to prevent and reduce food waste.
The State advocates civilized, healthy, resource-saving and environment-friendly consumption, and advocates a simple and moderate, green and low-carbon lifestyle.
Article 4 the people's governments at all levels shall strengthen the leadership of the anti food waste work, determine the objectives and tasks of the anti food waste work, establish and improve the anti food waste working mechanism, organize the monitoring, investigation, analysis and evaluation of the food waste, strengthen the supervision and management, and promote the anti food waste work.
Local people's governments at or above the county level shall publish to the public the situation of anti food waste every year, put forward measures to strengthen the anti food waste, and continuously promote the anti food waste of the whole society.
Article 5 the development and Reform Department of the State Council shall strengthen the organization and coordination of the national anti food waste work; Work with relevant departments of the State Council to analyze and evaluate the situation of food waste every year, make overall arrangements for the work of combating food waste, and put forward relevant working measures and opinions, which shall be implemented by all relevant departments.
The competent commercial department of the State Council should strengthen the management of the catering industry, establish and improve the industry standards and service standards; In conjunction with the market supervision and Administration Department of the State Council, the food and beverage industry should establish anti food waste system and norms, and take measures to encourage catering service operators to provide catering service and disclose their anti food waste situation to the public.
The market supervision and Administration Department of the State Council shall strengthen the supervision on the anti food waste of food producers and operators, and urge the food producers and operators to implement the anti food waste measures.
The State Grain and material reserve department shall strengthen the management of grain saving and loss reduction in the process of grain storage and circulation, and organize the implementation of grain storage, transportation and processing standards together with relevant departments of the State Council.
The relevant departments under the State Council shall, in accordance with the functions and duties prescribed by this Law and the State Council, take measures to carry out the work of combating food waste.
Article 6 State organs, people's organizations, state-owned enterprises and institutions shall, in accordance with the relevant provisions of the state, refine and improve the dining standards for official reception, meetings, training and other official activities, strengthen management, take the lead in strict economy and oppose waste.
If it is necessary to arrange meals for official activities, the number and form of meals shall be arranged frugally according to the actual situation, and shall not exceed the prescribed standards.
Article 7 catering service operators shall take the following measures to prevent food waste:
（1） Establish and improve the management system of food procurement, storage and processing, strengthen the vocational training of service personnel, and include food treasure and anti waste into the training content;
（2） Take the initiative to remind consumers to prevent food waste, post or place anti food waste signs at eye-catching positions, or prompt and explain by service personnel, and guide consumers to order appropriately according to their needs;
（3） Improve the quality of catering supply, make food according to the standard, reasonably determine the quantity and quantity, and provide different specifications such as small meals;
（4） When providing group meal service, the concept of preventing food waste should be included in the menu design, and the dishes and staple food should be reasonably allocated according to the number of diners;
（5） Those who provide buffet service shall take the initiative to inform the consumption rules and requirements for preventing food waste, provide tableware of different specifications, and remind consumers to take appropriate meals.
Catering service operators shall not induce or mislead consumers to order in excess.
The catering service operators can enrich the menu information by marking the food quantity, specification and suggested number of consumers on the menu, provide ordering tips for consumers, and provide public chopsticks and packing services according to the needs of consumers.
Catering service operators can give rewards to consumers who participate in "CD-ROM action"; Consumers who cause obvious waste can also be charged the corresponding fees for the treatment of kitchen waste, and the charging standard should be clearly stated.
Catering service operators can use information technology to analyze meal demand, through the construction of central kitchen, distribution center and other measures, scientific management of food procurement, transportation, storage, processing, etc.
Article 8 units with canteens shall establish and improve the management system of canteens, formulate and implement measures to prevent food waste, strengthen publicity and education, and enhance the awareness of anti food waste.
The canteen of a unit shall strengthen the dynamic management of food procurement, storage and processing, purchase, prepare and match meals according to the number of diners, improve the utilization rate of raw materials and cooking level, provide food according to the principles of health, economy and standardization, and pay attention to the balance of diet.
The canteen of the unit shall improve the mode of food supply, post or place anti food waste signs at eye-catching positions, and guide the diners to order and take meals in an appropriate amount; Those who have waste behaviors shall be reminded and corrected in time.
Article 9 schools shall monitor, analyze and evaluate the number and structure of dining staff, and strengthen the management of catering services in school canteens; If you choose an off campus catering unit, you should establish and improve the introduction and exit mechanism and choose the best.
The school canteen and off campus catering units should strengthen the fine management, provide meals according to needs, improve the mode of meal supply, scientifically and nutritiously prepare meals, enrich the catering of different specifications and taste choices, regularly listen to the opinions of the dining staff, and ensure the quality of dishes and staple food.
Article 10 the catering delivery platform shall prominently prompt consumers to order appropriately. If the catering service operator provides services through the catering delivery platform, it shall provide the consumers with the information of food quantity, specification or suggested number of consumers on the platform page.
Article 11 tourist operators shall guide tourists to eat in a civilized and healthy way. Travel agencies and tour guides should reasonably arrange group meals and remind tourists to order and take meals appropriately. The relevant industries shall incorporate the anti food waste work of tourism operators into the relevant quality standard grade evaluation indexes.
Article 12 supermarkets, shopping malls and other food business operators shall strengthen the daily inspection of the food they operate, classify and manage the food close to the shelf life, make special marks or display them for sale in a centralized way.
Article 13 people's governments at all levels and their relevant departments shall take measures to combat extravagance and waste, encourage and promote civilized and thrifty activities, so as to create an atmosphere in which waste is shameful and thrifty is honored.
Where meals are needed for weddings, funerals, family gatherings, business activities, etc., the organizers and participants shall appropriately prepare and order meals and eat in a civilized and healthy manner.
Article 14 an individual shall establish a civilized, healthy, rational and green consumption concept, and order and take meals reasonably according to the individual's health status, eating habits and dining needs when dining out.
In family life, families and their members should cultivate good habits of scientific health, making the best use of everything and preventing waste, and purchase, store and prepare food according to the actual needs of daily life.
Article 15 the State shall improve the standards for the production, storage, transportation and processing of grain and other edible agricultural products, popularize the use of new technologies, new techniques and new equipment, guide the appropriate processing and comprehensive utilization, and reduce the losses.
Food producers and business operators shall take measures to improve the conditions of food storage, transportation and processing, prevent food deterioration and reduce the loss in storage and transportation; Improve the utilization rate of food processing, avoid over processing and excessive use of raw materials.
Article 16 in formulating and revising relevant national, industrial and local standards, the prevention of food waste shall be taken as an important consideration, and waste shall be prevented to the greatest extent on the premise of ensuring food safety.
The shelf life of food should be set scientifically and reasonably, marked prominently and easily identified.
Article 17 the people's governments at all levels and their relevant departments shall establish an anti food waste supervision and inspection mechanism, and timely supervise and urge the rectification of food waste problems found.
Where a food producer or business operator wastes food seriously in the process of food production and operation, the market supervision and administration department and Commerce Department of the local people's government at or above the county level may interview its legal representative or principal responsible person. The food producers and operators to be interviewed shall immediately rectify the situation.
Article 18 the administrative department of government affairs shall, together with relevant departments, establish the effectiveness evaluation and notification system for the work of anti food waste in government canteens, and incorporate the anti food waste into the assessment of energy conservation and resource conservation of public institutions and the creation of conservation oriented organs.
Article 19 the food and catering industry associations shall strengthen the industry self-discipline, formulate and implement the anti food waste and other relevant group standards and industry self-discipline norms in accordance with the law, publicize and popularize the knowledge of preventing food waste, promote advanced models, guide members to consciously carry out anti food wave activities, and take necessary self-discipline measures for members who have waste behaviors.
Food and catering industry associations shall carry out food waste monitoring, strengthen analysis and evaluation, publish relevant anti food waste situation and monitoring and evaluation results to the society every year, provide support for state organs to formulate laws, regulations, policies, standards and carry out research on relevant issues, and accept social supervision.
Consumer associations and other consumer organizations shall strengthen the education on food consumption among consumers and guide them to form the habit of consciously resisting waste.
Article 20 government organs, people's organizations, social organizations, enterprises and institutions and grass-roots mass self-governing organizations shall take strict economy and anti waste as the contents of mass spiritual civilization creation activities, and incorporate them into the relevant establishment evaluation system, local citizens' conventions, village rules and regulations, and industrial norms, and strengthen publicity, education and scientific popularization of anti food waste, We will promote the development of "CD-ROM action", advocate a civilized, healthy and scientific diet culture, and enhance the public's awareness of anti food waste.
The people's governments at or above the county level and their relevant departments shall continue to organize and carry out publicity and education on anti food waste, and make anti food waste an important part of the national food security publicity week.
Article 21 the administrative department of education shall guide and urge schools to strengthen the education and management of anti food waste.
Schools should carry out education on national conditions in accordance with the regulations, incorporate the strict practice of thrift and anti waste into the teaching contents, and carry out special education activities on anti food waste through learning practice and experiencing labor, so as to cultivate students' habit of thrifty and thrifty and cherish food.
Schools should establish a supervision and inspection mechanism to prevent food waste and formulate and implement corresponding reward and punishment measures.
Article 22 the news media shall carry out publicity of anti food waste laws, regulations and relevant standards and knowledge, report advanced models, expose waste phenomena, guide the public to establish a correct concept of food consumption, and conduct public opinion supervision on food waste behavior. The publicity report on anti food waste should be true and fair.
It is forbidden to produce, publish, and disseminate programs or audio and video information that propagate food waste, such as eating or overeating.
If the network audio and video service provider discovers that the user has violated the provisions of the preceding paragraph, it shall immediately stop transmitting relevant information; If the circumstances are serious, it shall stop providing information services.
Article 23 the civil affairs and market supervision and administration departments of the local people's governments at or above the county level shall establish a matching mechanism for donation demand, and guide food producers and operators to donate food to relevant social organizations, welfare institutions, relief agencies and other organizations or individuals on the premise of ensuring food safety. Relevant organizations shall receive and distribute food in time as needed.
The State encourages social forces to participate in food donation activities. Network information service providers can build a platform to provide services for food donation.
Article 24 units, families and individuals that produce kitchen waste shall fulfill the obligation of reducing kitchen waste at source according to law.
Article 25 the State shall organize the monitoring of nutritional status and the popularization of nutritional knowledge, guide citizens to form scientific eating habits and reduce the risk of diseases caused by unhealthy diet.
Article 26 people's governments at or above the county level shall take measures to support scientific research and technological development to prevent food waste.
Government procurement of relevant goods and services should help prevent food waste.
The State implements tax policies conducive to preventing food waste.
Article 27 Any unit or individual who discovers food waste by food producers or business operators shall have the right to report to the relevant departments and organs. The departments and organs that receive the reports shall deal with them in time according to law.
Article 28 If, in violation of the provisions of this law, a catering service operator fails to remind consumers of the prevention of food waste, the market supervision and Administration Department of the local people's government at or above the county level or the Department designated by the local people's government at or above the county level shall order it to make corrections and give a warning.
If, in violation of the provisions of this law, a catering service operator induces or misleads consumers to order excessive meals, causing obvious waste, the market supervision and Administration Department of the local people's government at or above the county level or the Department designated by the local people's government at or above the county level shall order it to make corrections and give a warning; If he refuses to make corrections, he shall be fined not less than 1000 yuan but not more than 10000 yuan.
If a food producer or operator, in violation of the provisions of this law, causes serious food waste in the course of food production and operation, the market supervision and Administration Department of the local people's government at or above the county level or the Department designated by the local people's government at or above the county level shall order it to make corrections. If it refuses to make corrections, it shall be fined not less than 5000 yuan but not more than 50000 yuan.
Article 29 If, in violation of the provisions of this law, a unit with a canteen fails to formulate or implement measures to prevent food waste, the Department designated by the local people's government at or above the county level shall order it to make corrections and give it a warning.
Article 30 if, in violation of the provisions of this law, a radio station, a television station or an Internet audio and video service provider produces, publishes or disseminates programs or audio and video information that waste food, such as eating mostly or eating too much and eating too much, shall be ordered to correct and given a warning by the departments of radio and television, network and information technology according to their respective functions and duties; If it refuses to make corrections or if the circumstances are serious, it shall be fined not less than 10000 yuan but not more than 100000 yuan, and may be ordered to suspend relevant business and suspend business for rectification. The person in charge directly responsible and other persons directly responsible shall be investigated for legal responsibility according to law.
Article 31 provinces, autonomous regions, municipalities directly under the central government or cities divided into districts or autonomous prefectures shall, according to the specific conditions and actual needs, formulate specific measures for local anti food waste.
Article 32 this Law shall enter into force on the date of promulgation.