On November 21st, 2012, the 37th meeting of the Standing Committee of the 13th People’s Congress of Shanghai adopted the first article to restrict excessive packaging of goods, reduce the cost of consumption, reduce the generation of packaging waste, rationally use resources, and protect the environment. These regulations are formulated in accordance with laws and regulations such as the “Promotion Law of the People’s Republic of China on Cleaner Production,†“The People’s Republic of China Circular Economy Promotion Law,†and “Standardization Law of the People's Republic of China†and in light of the actual conditions in the city.
Article 2 These Provisions apply to the packaging and supervision of goods produced and sold within the administrative area of ​​this Municipality.
Article 3 The reduction of packaging materials insists on the principle of self-discipline, self-discipline by the government, self-discipline in the industry, and common supervision in society.
Article 4 The quality and technical supervision department shall be responsible for the supervision and management of the reduction of commodity packaging materials.
The administrative departments for industry and commerce, food and drug supervision, etc. shall, when carrying out supervision and inspection on the quality of commodities, include the contents of commodity packaging in the inspection content, and inform the quality and technical supervision department at the same level of the inspection status.
The development and reform administrative department shall, in conjunction with relevant departments, formulate and improve policies and measures to promote the reduction of commodity packaging materials in accordance with these provisions.
The administrative departments of economic information, environmental protection, etc. shall incorporate the contents of commodity packaging into the contents of the clean production audit, and supervise the production enterprises to rationally package the products.
The commercial administrative department shall supervise and urge the commercial enterprises to strengthen inspection and acceptance of incoming goods in accordance with the requirements of this regulation, and work with relevant departments to promote the recovery and reuse of commodity packaging.
The administrative departments of greening city appearance, prices, etc. shall coordinate within the scope of their respective duties to do a good job of reducing the volume of commodity packaging.
Article 5 The packaging of commodities shall be reasonable. Under the premise of satisfying the normal functional requirements, the materials, structures, and costs shall be adapted to the characteristics, specifications, and costs of the products contained therein, so as to reduce the generation of packaging waste.
For the country that has already established commodities that restrict the over-packaging standards for commodities, this Municipality shall implement key supervision; if the country has not yet established standards for restricting over-packaging of commodities, the municipal quality and technical supervision department may formulate guidelines for commodity packaging in conjunction with relevant administrative departments and industry associations. .
Article 6 Producers and sellers shall not carry out the packaging of commodities, and they shall not violate the mandatory provisions of the State's restrictions on excessive packaging of goods (hereinafter referred to as mandatory provisions).
Sellers may not sell goods that violate mandatory regulations. The seller shall clearly agree with the commodity supplier that the commodity packaging must comply with the mandatory regulations, and check the packaging of the commodity at the time of incoming inspection and acceptance. If necessary, the supplier of the commodity may be required to issue a certificate that the commodity packaging meets the mandatory requirements. If the commodity packaging violates the mandatory regulations or the supplier of the commodity refuses to provide the relevant certification, the seller may refuse to purchase the goods according to the contract.
Article 7 This Municipality encourages enterprises to do a good job of reducing the volume of commodity packaging under the conditions of ensuring the safety and hygiene of commodities, and encourages enterprises to give priority to the use of packaging materials that are recyclable, renewable, recyclable, or easily degradable.
This Municipality encourages producers and sellers to express information on packaging recycling and packaging costs on the packaging of goods, and to recycle and reuse the packaging.
When a seller enters into a supply and sales contract with a supplier of goods, it may agree on the recovery of the packaging of goods. For commodity packaging included in the national mandatory collection list, the producer or the seller who is responsible for the collection shall collect the goods.
Where fiscal funds are used to purchase commodities, under the same conditions, commodities that meet the guidelines of this Municipality shall be procured preferentially, and commodities that violate the mandatory regulations may not be procured.
Article 8 Industry associations shall strengthen self-discipline in the industry, supervise and urge enterprises to implement laws, regulations and standards that restrict over-packaging of goods, and guide enterprises to make public commitments to the society regarding reductions in packaging materials, etc., and promote the reduction of packaging materials.
Industry associations may formulate and organize the implementation of industry self-regulatory regulations that are stricter with national mandatory regulations and this Municipality's guiding norms; they may formulate corresponding industry self-regulation standards for countries and cities that have not yet formulated goods that restrict excessive packaging standards or guiding standards for commodities. And organize the implementation.
Under the guidance of relevant government departments, trade associations can organize the certification of simple goods packaging.
Article 9 The quality and technical supervision department shall supervise and inspect the commodity packaging by means of a combination of supervision, random inspection and special inspection. The inspection work shall be conducted by a qualified technical institution. The funds for supervision and inspection shall be financed by the financial department at the same level and shall not be charged to the sampled persons.
The municipal quality and technical supervision department shall publicly supervise the results of inspections in a timely manner. The producers, sellers, and the commodities involved with serious violations shall be announced through the media.
When the quality and technical supervision department organizes the supervision and inspection of commodity packaging, other relevant government departments shall coordinate and do a good job of supervision and inspection.
Article 10 The municipal quality and technology supervision department shall publish on its government website the standards and regulations for restricting excessive packaging of goods formulated by the State and this Municipality so as to facilitate public enquiries.
If the public finds that the packaging of goods violates mandatory regulations, it may report it to the quality and technical supervision department, and the quality and technical supervision department shall promptly investigate and deal with them.
Radio and television stations, newspapers, magazines, and Internet sites shall mediate and supervise the reduction of commodity packaging materials to conduct social supervision and public welfare publicity, expose and criticize the illegal behavior of commodity packaging, and guide consumers to rational consumption. You must not advertise or advertise products that violate mandatory regulations.
Article 11 Where a producer violates the mandatory provisions for commodity packaging, the quality and technical supervision department shall order it to stop the illegal activities and make corrections within a time limit.
If the seller sells commodities that violate the mandatory regulations, the quality and technical supervision department shall order them to stop the sale and correct them within a time limit; if they refuse to stop selling, they shall be fined between 2,000 yuan and 20,000 yuan; if the circumstances are serious, they shall be 20,000 yuan or more. Ten thousand dollars shall be fined.
Article 12 These regulations shall come into force on February 1, 2013.
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