Food Packaging Law of the People's Republic of China
Chapter 1 General Provisions
Article 1 is to protect the ecological environment, save earth resources, and benefit the human body Health, benefit future generations, promote the sustainable development of our country's national economy and the implementation of "green
packaging projects", so as to eliminate the harm caused by packaging waste, especially "white pollution", and thus create new opportunities for mankind. A good self-survival space
is the purpose. In accordance with the relevant provisions of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste", the "Interim Management Measures for the Recycling of Packaging Resources" (hereinafter referred to as the "Measures") are specially formulated.
Article 2: This "Measures" clarifies packaging terminology and packaging classification, and stipulates the management principles for the recycling of paper, wood, plastic, metal, glass and other packaging waste
Principles, recycling channels, recycling methods, classification principles, storage and transportation, recycling and reuse varieties, reuse methods, reuse technical requirements, test methods, inspection rules,
Handling and rewards and punishments of packaging waste principles, by-laws, etc.
Article 3: This "Measures" applies not only to the recycling and management of packaging resources such as paper, wood, plastic, metal, glass, etc., but also to the recycling of other packaging resources
Utilization and management.
Article 4 During the formulation process of these Measures, relevant national standards were referenced and quoted.
Chapter 2 Packaging Terminology and Classification
Article 5 Packaging: This "Measures" mainly refers to various packaging materials made from recycled paper, wood, plastic, metal, and glass. Packaging containers and auxiliary rib materials.
Article 6 Comprehensive utilization: refers to the use of damaged packaging and leftover materials after processing and transformation of packaging to make a variety of auxiliary packaging materials or other products.
Article 7 Recycling: refers to using paper, wood, plastic, metal, glass and other packaging waste and processed scraps as raw materials or mixed with raw materials to make pulp,
< p>Recycled packaging materials such as fiberboard, degradable plastics, metal ingots and glass. Article 8 Packaging recycling management: refers to the organization, guidance, coordination and supervision of activities throughout the entire process of packaging recycling and packaging waste disposal. Article 9 Return unit: refers to the unit that provides recycling packaging.Article 10 Reuse unit: refers to the unit that utilizes reuse packaging.
Article 11 Packaging recycling and reuse business units: refers to institutions engaged in the organization, management, processing, distribution, etc. of packaging recycling and reuse. Article 12 Packaging waste: refers to packaging that has been used and cannot be reused.
Article 13 Packaging waste treatment: refers to the intermediate treatment of packaging waste before final treatment (i.e. recycling, transformation of other products of packaging raw materials),
and packaging waste final disposal by incineration and landfill.
Article 14 Hazardous packaging waste: refers to packaging waste that can cause harm to the human body, livestock and the ecological environment and other biological pollution effects.
Article 15 Paper packaging: refers to various types of paper packaging or potato pulp molded packaging made of paper or cardboard as the main raw material. Article 16 This packaging: refers to packaging made of wood, plywood, and fiberboard as the main raw materials. Article 17 Plastic packaging: refers to packaging made of degradable plastics and non-degradable plastics.
Article 18 Metal packaging: refers to packaging made of steel, iron, aluminum and other metal or alloy materials.
Article 19 Glass packaging: refers to packaging made of glass as raw material.
Article 20 Special packaging: refers to one or a series of packaging specially used for a certain type or category of commodities: such as special packaging for food, medicine, etc. Article 21 Dangerous goods packaging: refers to materials containing radioactive, toxic, explosive, flammable, corrosive, infectious and other harmful properties to the human body, animals, plants and the ecological environment< /p>
Funded packaging.
Article 22 Non-special packaging: refers to packaging that can be widely used in addition to special packaging.
Article 23 Recyclable packaging: refers to packaging that can be recycled and reused.
Article 24 Reusable packaging: refers to packaging that is returned to the user for reuse, including packaging that can be used without finishing, repaired packaging and modified packaging.
Article 25 Repaired packaging: refers to packaging that can be used after repair processing.
Article 26 Remanufactured packaging: refers to packaging made from recycled packaging as the main raw material.
Chapter 3 Management Principles of Packaging Resource Recycling
Article 27 Principle of Conservation
1. Each commodity business unit shall vacate or All types of idle packaging that can be recycled should be recycled as much as possible. Only when it is determined that they are no longer suitable for further use should they be discarded or disposed of for final disposal.
2. Packaging recycling should be carried out in a timely manner, and certain personnel and venues should be arranged for collection, sorting, and delivery. When opening the package, try to avoid or reduce damage to the package.
3. Recycling packaging should follow the principles of "reuse first, then recycle" and "can be recycled, not discarded" and "mainly reuse original materials, supplemented by processing and transformation", as much as possible
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The recycled packaging can be used after being slightly modified and repaired.
4. Special packaging should be recycled at corresponding designated points, while non-special packaging should be recycled according to reasonable transportation channels and economic areas. 5. Units that use packaging, except for military industry, military supplies, exports, goods supplying foreign ships, and goods with special requirements for packaging, must implement the principle of "first the old before the new" to ensure product safety.
Reusable packaging should be used first.
6. Commodity producers and sellers, in order to protect the commodities while appropriately packaging them, should try to reduce the volume and weight of various packaging materials or packaging containers.
To economize on the use of packaging raw materials.
Article 28 Safety Principles.
1. Reusable packaging should comply with the relevant national technical standards for product packaging and the requirements of this "Measures" to ensure the safety of goods during transportation, storage and use.
2. Reusable food packaging and pharmaceutical packaging should comply with the national Food Hygiene Law, Drug Law and relevant hygienic standards.
3. The recycling and utilization of dangerous goods packaging should comply with the relevant national standards and regulations on dangerous goods packaging and hazardous solid waste management. At the same time, dangerous goods packaging should be recycled and reused at designated locations. Other items must not be packaged without harmless treatment, and must not be mixed with ordinary packaging or sold.
4. The collection, stacking, transportation and storage of recycling and reuse of general packaging and recycling and reuse of dangerous goods packaging should be strictly separated.
5. When dangerous goods packaging does have recycling value, it should be harmlessly treated and inspected to meet relevant national standards before it can be used as general packaging. Dangerous goods
Danger signs on packages must not be removed or changed until they are determined to be harmless.
6. Any packaging that meets or exceeds national standards and relevant prescribed service life is prohibited from recycling.
7. Packaging recycling and packaging waste disposal should also comply with national regulations and requirements on environmental protection, labor protection, public health and fire safety.
8. Product sellers are not allowed to sell or give away free plastic packaging or containers without recycling marks, and are not allowed to sell or give away free plastic packaging or containers with a thickness less than 0.015 mm
bag.
Article 29 Principle of preventing counterfeiting.
1. Product sales packaging containers that have applied for design patents or have well-known trademarks can only be recycled and reused by the original manufacturer of the product. No other unit
or individual may recycle or reuse it.
2. For reusable packaging of the same type and used by other manufacturers, all original packaging logos and trademarks must be removed, and the product logos and trademarks of the reused unit must be re-covered. Strictly
Prevent counterfeiting.
3. Recycling of relatively intact packaging should be strictly controlled and managed. It is strictly prohibited for any unit or individual to use it to package counterfeit and shoddy goods. Violators will be punished in accordance with relevant national laws
Give appropriate penalties.
Article 30 Business Principles.
1. Packaging recycling should follow the principles of combining benefits with economic benefits, and combining free recycling with paid recycling.
2. The operating principle of packaging recycling is to "benefit both ends and take into account the middle". The "two ends" refer to the return unit and the reuse unit, and the "middle" refers to packaging recycling
business unit.
3. Packaging recycling business units should provide good services and facilitate return units and reuse units in terms of recycling, processing, use, settlement, etc.
Chapter 4 Packaging Resource Recycling Channels, Recycling Methods, Grading Principles, Storage and Transportation
Article 31 Recycling Channels.
1. Give full play to the role of the main channels of commerce, food, supply and marketing, materials, foreign trade, light industry, chemical industry, medicine and all departments and units engaged in commodity operations
Encourage When selling goods, all types of packaging that have a certain value and can be recycled should be recycled as much as possible. 2. Organize professional institutions (i.e. packaging resource recycling companies) and professional teams for recycling.
3. Recommend garbage classification and organize urban neighborhood committees, sanitation teams and sales vendors to recycle.
4. Give full play to the role of individuals and waste material recycling stations (points) for recycling.
Article 32 Recycling Methods.
According to the specific conditions of each region and department, the following different recycling methods can be adopted.
1. Store recycling: that is, the packaging business unit sets up a recycling store for recycling.
2. Door-to-door recycling: that is, the packaging business unit regularly visits each return unit for recycling.
3. Mobile recycling: that is, the packaging business unit goes to various locations for recycling from time to time.
4. Entrusted recycling: that is, the packaging business unit entrusts other units or individuals to collect on its behalf.
5. Counter recycling: that is, retail and wholesale shopping malls (stores) recycle goods at a discount to customers when selling goods.
6. Counterpart recycling: Bulk special packaging will be returned directly to the operating unit or manufacturer by the purchasing unit or user.
7. Turnover recycling: that is, the packaging turnover boxes (barrels) used internally by each manufacturer and commodity business department shall adopt certain systems or economic means to organize directed turnover
Recycling.
8. Fixed-point recycling: that is, in urban residential areas, streets, factories, schools, agencies, troops, hospitals, mass organizations, office buildings, parks, theaters, stations, terminals, etc.
Different models and categories of "ecological boxes", "ecological barrels" or "ecological bags" are set up in public places, and specialized recycling units are responsible for recycling paper, wood, metal
containers, glass, Plastics are classified for recycling at regular intervals, at fixed points, and by designated personnel.
9. Deposit recycling: For packaging resources that should be recycled, each commodity business unit can collect a deposit when selling goods to ensure that they are fully recycled.
10. Reward recycling: Each unit, department, agency and group can adopt the method of commission reward to encourage effective recycling.
Article 33. Principles of recycling classification.
1. First-level recycling packaging: packaging that can be reused without modification or with slight modification.
2. Secondary recycling packaging: that is, packaging that is somewhat damaged, but can be reused as the original after repair and processing.
3. Third-level recycling packaging: that is, packaging that is more damaged and has no original reuse value, but can be used as remade raw materials or for other purposes.
4. Other outer packaging: that is, packaging that can only be used for recycling.
Article 34 Storage and transportation of recycled packaging resources.
1. The recycled packaging resources should be stored, cleaned, classified, organized and packaged to avoid rain, exposure, moisture, insect infestation and pollution.
2. Dangerous goods packaging should be stored and transported separately.
3. Biodegradable plastic packaging products and non-degradable plastic packaging products should also be stored and transported separately.
4. Vehicles transporting recycling packaging should be kept clean and hygienic.
Chapter 5 Recycling and reuse varieties and reuse methods of packaging resources and technical requirements for reuse
Article 35 Recycling and reuse packaging varieties.
1. Paper packaging: corrugated boxes, cardboard boxes, paper plywood, various paper bags, various cartons, pulp molded products, honeycomb cardboard products, paper pallets, etc.
2. Wooden packaging: ordinary wooden boxes, frame wooden boxes, plywood boxes (barrels), fiberboard boxes, wooden transport packaging pallets, etc.
3. Plastic packaging: According to the requirements of the State Council’s environmental protection administrative department to formulate, adjust and publish the compulsory recycling catalog of waste plastic products, all plastic packaging included in the recycling catalog
Or containers can be recycled; those not included in the recycling catalog are prohibited from recycling and will be treated as packaging waste.
4. Metal packaging: thin steel drums, galvanized iron drums, aluminum drums, iron-plastic composite drums, etc.
5. Glass packaging: all types of glass wine bottles, beverage bottles, can bottles, medical bottles, etc.
Article 36 Methods for packaging reuse.
1. Original factory reuse, that is, packaging that is intact or damaged but can be reused after repair is provided to the original product manufacturer for use.
2. Same type of packaging, that is, packaging with uniform specifications and sizes can be used by manufacturers that produce similar products.
3. Substitution in other factories: that is, the recycled packaging that is temporarily unused by the original manufacturer can be used in other factories through trial installation and packaging.
4. Modify the packaging, that is, use the packaging that is more damaged or find the original reuse market as raw materials, and re-make the packaging according to the specifications and sizes required by the user.
5. Transform other products, that is, use recycled packaging as raw materials to transform other products, so that waste can be reused, one thing can be used for multiple purposes, and waste can be turned into treasure. At the same time, diesel and gasoline or other useful substances can be re-refined from the recycled waste plastics and returned to nature.
6. Recycling of original products, that is, using recycled packaging as raw materials to produce packaging products of the same type or different specifications.
7. Energy recovery, that is, making full use of the heat energy generated when packaging waste is incinerated.
Article 37 Technical requirements for reusable packaging.
1. Technical requirements for reusable paper packaging:
① The corrugated cartons reused in the original box should comply with the national standard GB6544 Class III cartons, and the material and adhesion should comply with the national standard. The regulations of GB6543.
②Repair the carton
The box body should be kept hard, dry, not damp or moldy, the box body should not be bent at the waist, the box corners should not collapse, and the box body and bottom of the cover should be intact. No nails, no missing layers, no delamination. The carton
The inside and outside of the carton are clean and pollution-free, and the signs on the outside of the carton are complete and clear.
③The box shape, dimensional deviation, box quality, box surface printing, joint nailing (gluing), indentation quality, rocking lid quality, etc. of the modified cartons are all required to comply with national standards
According to the provisions of GB6543, the relevant categories of items should be no less than those of Category III cartons.
④The moisture content of repaired and remade cartons reaches the range of 14±4%, and the surface moisture-proof treatment shall be carried out according to the agreement between the supplier and the buyer.
⑤ Mechanical technical requirements for repairing and modifying cartons such as compressive strength, impact strength, and stacking strength, as well as when using corrugated cartons for specific products, according to their relevant
Standards or technical regulations shall be implemented, or agreed upon by both parties.
2. Technical requirements for reused wooden packaging:
① Recycled reused wooden boxes and frame wooden boxes should comply with the national standards GB7284 and GB12464 second-class wooden boxes respectively. Unqualified materials should be eliminated during trimming and processing.
② When repairing wooden box boards, the material of the board should comply with the requirements of the national standard GB12464 for second-class wooden boxes. It is allowed to use methods such as digging, patching, and patchwork to remove unqualified materials. The box body, lid and accessories should be intact, the box frame should be firmly nailed, the inside and outside of the wooden box should be clean and pollution-free, and the signs should be complete and clear. ③Technical conditions such as box shape, dimensional deviation, splicing, nailing, paneling, box straps, box handle straps, reinforcement, plate spacing of grate boxes, etc. of modified wooden boxes, as well as frame wood The box should comply with the provisions of the national standard GB7284, and other wooden boxes should comply with the provisions of the national standard GB12464.
④The moisture content and mechanical properties of reusable wooden boxes (the items are the same as cartons) are stipulated in the standards or technical requirements for wooden boxes used in specific products, or by the supplier
Must be agreed upon by both parties.
⑤The materials of recycled and reused glued cartons (barrels) and fiberboard boxes (barrels) should comply with the national standards GB738, GB1349, GB1923, etc. before they can be reused.
The technical requirements for repairing
and modifying plywood boxes (barrels) and fiberboard boxes (barrels) shall be implemented in accordance with relevant standards or technical requirements when specific products use such packaging.
< p> OK, or agreed upon by both supply and demand parties.3. Technical requirements for reusable plastic packaging:
① The recycled reusable plastic packaging itself must comply with the provisions of national standards GB5737-5739, GB8946, GB8947, GB10454, and GB10806. Calcium plastic Corrugated boxes should comply with
national standard GB6890.
② Various plastic barrels and boxes for reuse must be intact, clean inside and outside, and clearly marked.
③ For reused plastic closed-top barrels, the lid and other accessories should be intact and have good sealing performance.
④ Reuse of various plastic food packaging must be cleaned and disinfected, and its hygienic conditions must comply with the national standard GB9681-9693 food packaging hygiene standards.
⑤ For plastic packaging that has been included in the recyclable catalog according to national regulations, producers should label the plastic packaging products produced in accordance with the national standard GB/T16288-1996
There should be a recycling mark on the packaging, and the degradable plastic packaging should be marked with a "degradable" mark.
4. Technical requirements for reused metal packaging:
① Recycling and reusing closed steel drums should comply with the technical requirements of the national standard GB2001. Other metal barrels must comply with relevant professional standards before they can be reused.
② Reused metal barrels must go through processing procedures such as shaping, rust removal, cleaning, paint stripping, and coating to make them as old as new without defects such as dents and wrinkles in the paint film. The inside of the barrel is clean, free of rust, slag and other impurities.
③The accessories for the reused metal bucket mouth should be fully assembled and have good sealing performance.
④ Reusable metal barrels must be leak-proof and the leak-proof air and water pressure tests must comply with the national standard GB325 and related professional standards.
5. Technical requirements for reused glass packaging:
① Recycling and reusing various glass bottles (cans) packaging containers should comply with the national standard GB4544- Technical requirements in standards such as 1996, GB2638, GB2639 and GB6552. For pressurized glass containers with a prescribed service life, those that have exceeded the service life cannot be recycled and can only be disposed of as waste glass raw materials.
② Reusing various glass bottles (cans) packaging containers requires new accessories such as complete and highly sealable bottle caps and stoppers.
③Reused packaging containers of various glass bottles (cans) must be cleaned and disinfected, and their hygienic conditions must meet the hygienic conditions for relevant product packaging.
6. The technical requirements for reuse and comprehensive utilization of other packaging products shall be agreed upon by both parties. Article 38 Test methods for reusable packaging.
1. For reusable packaging, raw material performance tests should be conducted based on the type and needs of the packaging, and packaging strength tests should be conducted if necessary.
2. The compressive strength of empty packaging for reusable packaging shall comply with the provisions of national standard GB4857.3.
3. The compressive strength of empty packaging for reusable packaging shall be in accordance with the provisions of national standard GB4857.4.
4. The impact resistance strength of reusable packaging shall be in accordance with the provisions of national standard GB4857.5.
Article 39 Inspection rules for reusable packaging.
1. Products of the same specification, same material, same process and the same production date shall be used in reusable packaging as one batch. The delivery shall be in accordance with the provisions of this "Measures" and the ordering contract
< p>Acceptance inspection will be carried out.2. Randomly sample reusable packaging of more than 500 pieces per batch, no less than 10 pieces, no less than 5 pieces for 101-499 pieces, and no less than 2 pieces for small batches of less than 100 pieces.
3. This "Measures" stipulates that if two items of reusable packaging (each single item cited in the relevant standards is regarded as one item) do not match during sampling, the sampling will be doubled and re-inspected.
If there are still two unqualified items in the inspection, this batch of reusable packaging products will be deemed as unqualified products.
Article 40 Packaging methods and requirements for reusable packaging. The storage method shall be agreed upon by both parties of supply and demand and shall be the same as Article 34.
Chapter 6 Disposal of Packaging Waste
Article 41 Principles for the Disposal of Packaging Waste.
1. In order to strengthen the processing of packaging waste, all large and medium-sized cities across the country should establish special recycling and processing agencies and related enterprises wherever possible.
2. When dealing with general packaging waste, it should be separated and classified according to its nature. The principle of resource conservation should be adhered to and comprehensive utilization or recycling should be done as much as possible
, those that are truly unavailable will be dealt with eventually. Its final treatment must be handed over to a specialized recycling and processing agency.
3. Packaging waste should be disposed of in a timely manner and in compliance with relevant national and international environmental protection regulations.
4. In the storage, transportation and processing of packaging waste, hazardous packaging waste and non-hazardous packaging waste should be separated and carried out in strict accordance with their respective technical requirements
deal with.
5. During the storage, transportation and processing of packaging waste, effective protective measures should be taken according to the different properties of the waste to ensure the safety of operators and prevent accidents.
accidents or other hazards.
Article 42 Technical requirements for packaging waste treatment.
1. Non-toxic packaging waste can be disposed of by incineration. During incineration, it should be prevented from polluting the environment and emitting odor, and should be recycled as much as possible.
The waste produced during incineration of thermal energy.
2. Packaging waste with explosive contamination should be incinerated or landfilled after the explosives have been eliminated.
3. Hazardous packaging waste should be clearly marked when accumulated, transported and processed.
4. Packaging waste containing pesticides or other toxic substances can only be disposed of in landfills without harmless treatment. When this type of packaging waste is landfilled, attention should
be noted that the moisture content must be ≤85%. The landfill site must be treated to prevent leakage to prevent contamination of surface water and groundwater. At the same time, it must be covered immediately. It shall not pollute the environment, emit stench or produce biological pollution.
In addition, landfill sites and facilities should be approved by the local government or environmental protection department.
5. Special venues and facilities should be used for the accumulation, transportation and treatment of packaging waste to prevent rain, moisture, mildew, leakage, flying, leakage and the generation of odor and pollution
< p>dye.Chapter 7 Principles of Rewards and Punishments
Article 43 No matter whether any unit or individual develops new packaging materials, new technologies, new designs, new processes, etc. that are beneficial to recycling, In addition to the patent rights that they should enjoy for new products, it is recommended that relevant government departments at all levels and relevant industry management organizations should also provide them with corresponding material and spiritual rewards.
Article 44 During the recycling and final processing of packaging waste, regardless of the unit or individual, it is beneficial to protecting the environment, eliminating pollution, saving resources,
For those who have made outstanding contributions to human health and the promotion of the sustainable development of my country's national economy and the implementation of the "green packaging project", it is recommended that relevant government departments at all levels should provide corresponding and preferential tax policies and financial support.
Article 45: News media at all levels should appropriately reduce or waive advertising fees for publicity reports that promote new packaging scientific research results and advanced experience in packaging waste treatment
Advertising and publicity expenses to show support and encouragement.
Article 46 Any packaging production enterprise that does not pay attention to the research and development of new packaging materials and new packaging products, does not pay attention to the recycling and comprehensive utilization of packaging resources, and does not pay attention to environmental protection
(Including relevant scientific research institutes), government departments at all levels and relevant industry management organizations should strengthen their macro management, or allow them to be shut down and transferred, or adjust
their product structure, and some even Necessary economic penalties should be imposed based on the degree and severity of waste of resources and environmental pollution, and should be exposed in a timely manner to fundamentally ensure the effective conservation of resources and eliminate sources of waste packaging pollution. of production.
Chapter 8 Supplementary Provisions
Article 47 This "Measures" is proposed and managed by China Packaging Technology Association and China Packaging Corporation, and is responsible for the interpretation of this "Measures" right.
Article 48: This "Measures" is drafted by the Comprehensive Utilization Committee of Packaging Resources of China Packaging Technology Association, and is responsible for this under the authorization of China Packaging Association and China Packaging Corporation
The specific organization and implementation of the "Measures".
Article 49: Local administrative departments, packaging departments, packaging industry organizations at all levels, and relevant professional committees of the China Packaging Technology Association shall propose recommendations based on this "Measures"
According to the basic principles and requirements, corresponding specific implementation rules should be formulated as soon as possible. The relevant local packaging waste recycling management rules originally formulated by each region or professional committee shall be as similar as this "Measures". In case of conflict, the implementation of these Measures shall prevail. At the same time, local administrative departments should also establish
corresponding management agencies and provide appropriate financial support to strengthen the recycling, processing and transformation of packaging resources, packaging waste treatment and environmental protection.