PRC Law on Countering Food Waste

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Article 1: This Law is formulated in accordance with the Constitution in order to prevent food waste, ensure national food security, carry forward the traditional virtues of the Chinese people, practice the Core Socialist Values, conserve resources, protect the environment, and promote sustainable economic and social development.

Article 2: "Food" as used in this Law refers to foods provided for in the "PRC Food Security Law" including all foods provided for human consumption or drinking.

“Food waste” as used in this law refers to the failure to reasonably use foods that may be safely eaten or drunk for their intended purpose, including discarding or unreasonable use, resulting in the reduction of food quality or quantities.

Article 3: The state is to practice strict frugality and oppose waste.

The state is to adhere to the principles of concurrently using multiple methods, targeted policy, scientific management, and societal co-governance, employing technologically feasible and economically reasonable measures to stop and reduce food waste.

The state is to advocate methods of consumption that are civilized, healthy, conserve resources, and protect the environment, and encourage lifestyles that are simple and moderate, environmentally friendly and low-carbon.

Article 4: All people's governments shall strengthen the guidance of efforts to counter food waste, designate goals and tasks for countering food waste, establish and complete working mechanisms for efforts to counter food waste; organize monitoring, investigations, and analysis, and assessments of the food waste situation, and strengthen oversight and management to advance efforts to counter food waste.

Local people's governments at the county level or above shall publish annually to the public on the food waste situation and raise measures for strengthening efforts to counter food waste and continue urging the entire society to counter food waste.

Article 5: The State Council departments for reform and development shall strengthen organization and coordination of the entire nation's efforts to counter food waste; and, in conjunction with the relevant departments of the State Council, are to annually analyze and assess the food waste situation and make overall allocations for efforts to counter food waste, put forward relevant work measures and opinions to be implemented by relevant departments.

The State Council departments for commerce shall strengthen the management of the food and beverage industry, establishing and completing industry standards and service specifications; and, in conjunction with the State Council departments for Market Regulation and other departments shall establish specifications for systems to counter food waste in the food and beverage industry, and employ measures to encourage food and beverage service operators that provide meals to disclose their situation in countering food waste to the public.

The State Council departments for market regulation shall strengthen oversight of food producers' situations in countering food waste, and urge food producers to implement measures to counter food waste.

The national departments for grain and material reserves shall strengthen the management of grain conservation and loss reduction in the process of grain storage and circulation, and organize the implementation of standards for grain storage, transportation, and processing in conjunction with relevant departments of the State Council.

The relevant departments of the State Council are to employ measures to carry out efforts on countering food waste in accordance with this Law and State Council Provisions.

Article 6: In accordance with relevant state provisions, state organs, people's groups, state-owned enterprises, and public institutions shall refine and improve regulations of food use at public activities such as receptions, meetings, and trainings, to strengthen management and lead the way in practicing strict frugality and countering food waste.

Where public affairs activities need to arrange for food, they shall frugally make arrangements for the quantity and format of food based on the actual conditions, and must not exceed the standards provided.

Article 7: Food and beverage service operators shall employ the following measures to prevent food waste:

(1) Establish and complete systems for managing food purchasing, storage, and processing, and strengthen professional training for service personnel, making treasuring food and countering food waste a part of training content;

(2) Conduct proactive notices and reminders for consumers on preventing food waste, posting or placing reminders to counter food waste in conspicuous locations, or having service personnel give reminders and explanations to guide consumers to order appropriate amounts.

(3) Improve the quality of food and beverage supplies, prepare food in accordance with standards and specifications, reasonably set quantities and portions, and provide different options such as smaller portions.

(4) Those providing group meal services shall include the idea of preventing food waste in their menu design, reasonably allocating dishes and staples [bread/rice/noodles] according to the number of persons eating.

(5) Those providing self-serve [buffet] food services shall proactively give notice of customer rules and requirements for preventing food waste, provide different types of utensils, and remind consumers to take food appropriately.

Food and beverage service operators must not entice or mislead consumers into ordering excess food.

Food and beverage service operators may indicate food quantities, specifications, and the recommended number of consumers on the menu to enrich menu information, provide consumers with alerts when ordering, and provide serving spoons or chopsticks and packaging services as needed by consumers.

Food and beverage service operators may give rewards to consumers who participate in the 'clean plate initiative', and may also collect fees for the disposal of kitchen trash from consumers who create clear waste, and the fee standards shall be clearly indicated.

Food and beverage service providers may use information technology tactics to analyze meal needs, using methods such as establishing central kitchens and distribution systems to conduct scientific management of food purchasing, transport, storage, and processing.

Article 8: Units with cafeterias shall establish and complete systems for managing them, draft and implement measures for preventing food waste, strengthening publicity and education, and enhancing awareness of countering food waste.

The cafeterias of units shall strengthen dynamic management of food purchasing, storage, and processing; purchasing, preparing, and serving food based on the number of people eating, to increase the rate at which ingredients are used and the level of cooking, and providing a diet in accordance with the principles of health, economics, and standardization, and emphasizing a balanced diet.

The cafeterias of units shall improve methods of providing food, posting or placing signs about countering food waste in conspicuous positions, guiding eaters to order or take appropriate amounts of food; and shall promptly remind or correct those with wasteful behavior.

Article 9: Schools shall monitor, analyze, and assess the numbers and composition of people eating, to strengthen themanagement of school cafeteria's food and beverage services; and where off-campus food suppliers are selected, shall establish and complete mechanisms for their introduction and dismissal to select the best.

School cafeterias and off-campus food suppliers shall strengthen and refine management, provide food as needed, provide scientific and healthy foods, provide rich and varied foods and flavor choices, periodically hear the opinions of food users, and ensure the quality of dishes and staples.

Article 10: Platforms for food and beverage delivery shall remind consumers in a conspicuous fashion to order food appropriately. Food and beverage service operators providing services through delivery platforms shall provide information to consumers on the platform page such as on food quantity, specifications, and the recommended number of consumers.

Article 11: Travel companies shall guide travellers to use food in a civil and healthy manner. Travel agencies and guides shall reasonably arrange for group meals, and remind travellers to appropriately order and take food. Relevant industries should include travel companies' situation of efforts to counter food waste into the relevant quality standard ratings indicators.

Article 12: Supermarkets, malls, and other food business operators shall strengthen routine inspections of the food they trade in, and conduct management by type for foods nearing their expiration dates, giving special indications or consolidated display for sale.

Article 13: All levels of people's government and their relevant departments shall employ measures to counter extravagant waste and hold activities to encourage and promote civility and frugality, forming an environment in which waste is shameful and frugality is honored.

Where weddings and funerals, gatherings of friends and family, commercial activities, and so forth require meals, the organizers and participants shall prepare and order meals appropriately, and eat in a civil and healthy fashion.

Article 14: Individuals shall establish a civil, healthy, rational, and environmentally friendly concept of consumerism, reasonably ordering or taking food based on their personal health, dietary habits, and desires when going out to eat.

In family life, families and their members shall cultivate positive habits that are scientific and healthy, making the best use of materials, and prevent waste; to purchase, store, and make food based on the actual needs of daily life.

Article 15: The state it to improve standards for the production, storage, transport, and processing of grains and other agricultural products, spreading the use of new technologies, techniques, and equipment, and guiding the appropriate processing and overall usage to reduce spoilage.

Food production operations shall employ measures to improve capacity for food storage, transport, and processing to prevent food going bad and reduce spoilage during transport and storage; and shall increase the efficiency of processing and use to avoid excessive processing and overuse of ingredients.

Article 16: Countering food waste shall be an important consideration in the formulation and revision of the relevant national standards, industry standards, and local standards, to prevent waste to the greatest extent possible while guaranteeing food safety.

Food expiration dates shall be scientifically and reasonably set, clearly indicated, and easy to identify.

Article 17: All levels of people's governments and their relevant departments shall establish mechanisms for the oversight and inspection of countering food waste, and promptly urge corrections where food waste issues are discovered.

Where food production operations seriously waste food in the course of production, the local people's governments at the county level and above's departments for market regulation, commerce, and so forth, may give their legal representatives or primary responsible persons a talking to. Food production operations that are given a talking to shall immediately make changes.

Article 18: In conjunction with relevant departments, state organ's management departments are to establish systems for assessing and reporting the efficacy of efforts to counter food waste in the units' cafeterias and include countering food waste in evaluations of public bodies' conservation of energy and resources and in activities to create conservative organs.

Article 19: Food and beverage industry associations and the like shall strengthen self-discipline in the industry, drafting and implementing group standards and industry discipline specifications for food waste and the like, publicizing and spreading knowledge on preventing food waste, promoting advance examples, and guiding members to conscientiously carry out activities to counter food waste and employ necessary disciplinary measures against members with wasteful conduct.

Food and beverage industry associations shall carry out monitoring of food waste, strengthening analysis and assessment, and reporting to the public annually on the outcome of monitoring and assessment outcomes related to countering food waste; shall support state organs in drafting laws, regulations, policies, and standards, and in carrying out research into related issues; and shall accept societal oversight.

Consumer associations and other consumer organizations shall strengthen education on food and beverage consumption for consumers, guiding them in developing consumer habits of consciously resisting waste.

Article 20: State organs, people's groups, social organizations, enterprises, public institutions, and basic-level mass autonomous organizations shall make strict frugality and countering food waste part of activities to establish a spiritual civilization, include it in the creation of evaluation systems and local government conventions, village and resident rules, industry norms, and so forth; shall strengthen publicity, education, and popular science outreach on countering food waste, promote the 'clean plate action'; and advocate a civil, health, and scientific dietary culture, to strengthen public awareness of countering food waste.

People's governments at the county level and above and their relevant departments shall continue to organize publicity and education on countering food waste and include countering food waste as an important part of national grain security publicity week content.

Article 21: Administrative departments of education shall guide and urge schools to strengthen education and management on countering food waste.

Schools shall carry out education on national conditions in accordance with provisions, and make include strict conservation and countering food waste part of the educational and teaching content, using study, practice, labor experience, and other forms to carry out special educational activities on countering food waste to cultivate student habit of being industrious and frugal and treasuring food.

Schools shall establish mechanisms for the oversight and inspections of food waste prevention, and draft and implement corresponding rewards and punishment measures.

Article 22: News media shall carry out public interest publicity on laws and regulations about countering food waste as well as food waste standards and knowledge, reporting on advanced examples, exposing wasteful phenomena, guiding the public to establish the correct understand of food and beverage consumerism and conducting oversight of public opinion on acts of food waste. Publicity reports on countering food waste shall be truthful and just.

It is forbidden to produce, publish, and disseminate programs or audio and video information that promotes food waste such as overeating and binge eating.

Network audio and video service providers that discover users who engaged in conduct provided in the previous paragraph shall immediately halt the transmission of the relevant information; and where the circumstances are serious, shall cease the provision of information services.

Article 23: The civil affairs department, market regulatory department, and other such departments of the people's governments at or above the county level shall establish mechanisms for matching donations with needs and guide food manufacturers, operators, and others to donate foods to the relevant organizations such as social organizations, welfare institutions, and aid agencies, or individuals, on the condition that food safety is guaranteed. The relevant organizations shall timely receive and distribute foods based on needs.

The state encourages social forces to participate in food donation activities. Internet information service providers may set up platforms to provide services such as food donations.

Article 24: Units, households, and individuals that produce kitchen waste shall perform their duty to reduce the amount of kitchen waste at its source in accordance with law.

Article 25: The State organizes and carries out the monitoring of nutritional status and popularization of nutritional knowledge and guides the citizens to form scientific dietary habits to reduce the risk of diseases caused by unhealthy diets.

Article 26: People's governments at the county level or above shall employ measures to support scientific research and technological development activities in the prevention of food waste.

Government procurement of goods and services shall be conducive to preventing food waste.

The state is to implement taxation policies conducive to preventing food waste.

Article 27: All units and individuals that discover that food producers and the like have conduct that is wasting food have the right to make a report to the relevant departments or state organs. Departments and state organs receiving reports shall promptly address them in accordance with law.

Article 28: Where food or beverage service operators fail to proactively conduct notices or reminders for consumers on preventing food waste in violation of the provisions of this Law, the department for market regulation of the local people's government at the county level or above, or the department designated by the local people's government at the county level or above, is to order corrections and give a warning.

Where food or beverage service providers entice or mislead consumers into ordering excess food, resulting in obvious waste, the department for market regulations of the local people's government at the county level or above, or the department designated by the local people's government at the county level or above, is to order corrections and give a warning; and where corrections are refused, give a fine of between 1,000 and 10,000 RMB.

Where food production operations cause serious food waste in the course of producing food in violation of this Law, the department for market regulation of local people's government at the county level or above, or the department designated by the local people's government at the county level or above, is to order corrections, and where corrections are refuse give a fine of between 5,000 and 50,000 RMB.

Article 29: Where units with cafeterias violate this law by failing to formulate or implement measures to prevent food waste, the department designated by the local people's government at the county level or above is to order corrections and give warnings.

Article 30: Where television stations, radio stations, or online audio and video service providers produce, publish, or disseminate programs or audio and video information that promotes food waste, such as overeating and binge-eating, in violation of the provisions of this Law, the radio and television as well as internet information departments, in accordance with their respective duties, are to order corrections and give a warning; and where the corrections are refused, a fine of between 10,000 and 100,000 RMB is to be given, and they may order the suspension of the relevant services or suspension of operations for rectification, and pursue the legal responsibilities of the directly responsible managers and other directly responsible persons.

Article 31: The provinces, autonomous regions, and directly governed municipalities, or sub-districted cities and autonomous prefectures may specific measures for countering food waste locally in accordance to the specific circumstances and actual needs.

Article 32: This law come into force on the date of promulgation.

 

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