The 24th session of the Standing Committee of the 13th National People's Congress deliberated on the "Anti-food-Waste Law of the People's Republic of China (Draft)" (the "Draft"), which has been published for public comments.
There are 32 articles in the Draft, which mainly stipulate the principles and requirements of anti-food waste, the responsibilities of the government and its departments, the responsibilities of various subjects, regulatory measures and legal responsibilities. Comment deadline: January 29th, 2021!
Let's take a look at the main points of the Draft.
"Food Waste"
According to Article 2, Food refers to the food specified in the Food Safety Law, including all kinds of food for human consumption or drinking.
Food Waste refers to the failure to utilize the food that can be safely eaten or drunk based on its functional purpose.
NB - The purpose of food and beverage is to taste and drink, but if it is wantonly thrown or discarded, it is not used according to its functional purpose, and this is called waste.
Dining of official activities
The Draft clarifies that government organs, state-owned enterprises and institutions should refine and improve the dining standards for official reception, meetings, training and other official activities, and strengthen the management.
Standardized diet shall be carried out for dining in official activities, and the amount and form shall be arranged scientifically and reasonably.
NB - Government organs, state-owned enterprises and institutions need to order in advance when they are participated in official activities and should not be given special treatment.
Catering Service Providers
Catering industry, collective catering and takeout (catering service providers) should:
1. Be equipped with management systems such as procurement and storage, conduct anti- food waste training, and actively provide signs to prevent food waste, and the service personnel should prompt and explain the order amount to guide consumers to order according to their needs.
NB - catering service providers should bear their duties of reminding consumers in various ways. If the consumer orders too much, catering service providers have the obligation to remind consumers to order the appropriate amount.
2. Reasonably determine the amount and portion of food, and provide consumers with different specifications such as small amount.
NB – catering service providers should provide small amount of food for consumers to choose.
3. For the buffet service, inform consumers about rules and requirements of anti-food-waste, provide different specifications of tableware, and remind consumers to take appropriate amount of food.
NB – catering service providers should place notice boards and small plates.
4. Enrich the menu information and the menu can be marked with ordering tips for consumers, such as food amount, recommended number of consumers, etc. and provide public tableware and packaging service according to the needs of consumers.
Canteens
Canteens of working units should improve the way of serving meals, such as post or place anti-food-waste signs at eye-catching spots, and guide diners to take and have meals in an appropriate amount.
In addition, they should strengthen the inspection during meals, and timely correct the wasteful behaviors.
NB – Signs and inspections must be in parallel, and waste of food should be corrected when necessary. Highly suggested to provide boxes for take away leftover food; if the food is not suitable for packing, it is possible to supervise the diners to finish the meal on site.
For school canteens and off campus catering units, we should strengthen fine management, provide meals on demand, and improve the pattern of feeding.
More importantly, the scientific diet shall be promoted and the canteens should enrich the choices of different specifications, ensure the quality of dishes and staple foods, and constantly improve and enhance the taste, so as to improve the satisfaction of diners.
NB – Diners with small appetite can share food with diners with a larger appetite: this will not only maintain friendship, but also save the food.
Takeout Platform
The food and beverage take out platform shall prominently remind consumers to order a proper amount of food. If the catering service provider provides services through the take out platform, it shall provide prompt information such as food portion, specification and recommended number of consumers on the platform page.
Supermarkets & Shopping Malls
Supermarkets, shopping malls and other food operators shall strengthen the daily inspection of the food, and classify and manage the food close to the shelf life, and display and sell it in a centralized way.
NB – On the premise of ensuring food safety, food business operators can sell or donate food near the shelf life at a discount, which is not a waste of food but also beneficial to others.
Regulations and Standards of Food
The Draft provides for relevant rules at national, industrial and local level to be formulated and reviewed, and for food waste prevention to be taken as an important factor in preventing and minimising waste while maintaining food safety guarantees.
The shelf life of food shall be set reasonably and marked according to law.
NB – Food waste should be considered when setting the shelf life.
Food Production and Operation
If a food producer or business operator wastes food severely in the process of food production or business operation and fails to take measures for rectification, the relevant competent department of the local people's government at the county level (or above)may make an interview with the legal representative or principal person in charge.
The food producers and operators to be interviewed shall make rectification immediately. This poses a challenge to some food enterprises that focus on grain processing, such as the proportion of defective materials in the production of various potato chips.
NB – Producers and operators of potato chips and other types of puffed food should pay attention to the fact that improper proportion may cause food waste.
Monitoring on Food Waste
The food and catering industry association shall carry out food waste monitoring, strengthen analysis and evaluation, and publish relevant results of anti-food waste work and monitoring and evaluation to the public every year, provide support for state organs to formulate laws, regulations, policies, standards and conduct research on relevant issues, and accept social supervision.
New Mission: Monitoring evaluation of food waste
Live-streaming
It is forbidden to produce, publish and broadcast programs or audio and video information that publicize food waste, such as eating and drinking with big amount.
If a network audio and video service provider find any violation of the provisions of the preceding, it shall stop the transmission of relevant contents timely; if the circumstances are serious, it shall stop the services immediately.
Programs like King of big stomach may be banned
Donation
The civil affairs departments of the local people's governments at or above the county level shall establish a donation demand docking mechanism: this will guide food producers and operators to donate unsold food (that can be safely consumed within the shelf life) to relevant social organizations, welfare institutions and relief agencies.
Punishment
If a catering service provider, in violation of the provisions of this law, induces or misleads consumers to order excessive amount of food, causing obvious waste, the market supervision and administration department, or the competent commercial department of the local people's government at or above the county level, shall order to make corrections and issue a warning; if it refuses to make corrections, it shall be fined not less than 1,000 yuan but not more than 10,000 yuan.
In violation of the provisions of this law, if a unit with a canteen fails to formulate or implement measures to prevent food waste, the relevant competent department of the local people's government at or above the county level shall order it to make corrections within a time limit and issue a warning. If it fails to make corrections within the time limit, it shall be fined not more than 2,000 yuan.
If, in violation of the provisions of this law, a radio station, television station or network audio and video service provider produces, publishes or broadcasts programs or audio and video information promoting waste of food, such as overeating, the competent department of radio and television and the Department of network information, in accordance with their respective functions and duties, shall order to make corrections and issue a warning; if they refuse to make corrections or if the circumstances are serious, they shall be fined not less than 10,000 yuan but not more than 100,000 yuan, and it may also order the relevant business to be suspended and closed for rectification. Furthermore, the person in charge and other persons directly responsible can be investigated for legal responsibility in accordance with the law.
What's your plan for your next meal?
Originally published 26 January 2021.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
