Starting October 1, failure to collect pesticide packaging waste will be subject to a maximum fine of RMB 100,000!

Release Date:

2020-08-31

　On August 27, the Ministry of Agriculture and Rural Affairs and the Ministry of Ecology and Environment issued the “ Pesticide The Measures for the Recycling and Disposal of Packaging Waste were reviewed and approved at the 11th Executive Meeting of the Ministry of Agriculture and Rural Affairs on July 31, 2020, and have been endorsed by the Ministry of Ecology and Environment. They will enter into force on October 1, 2020.

　　The details are as follows:
　　 Pesticide Administrative Measures for the Recycling and Disposal of Packaging Waste
　　Chapter 1 General Provisions
　　Article 1 In order to prevent and control Pesticide Packaging waste pollution, safeguarding public health, and protecting the ecological environment—pursuant to the Law of the People’s Republic of China on the Prevention and Control of Soil Pollution and the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste… Pesticide This Measures is formulated in accordance with the Regulations on Administration and other laws and administrative regulations.
　　Article 2 This Measures shall apply to the agricultural production process. Pesticide The collection and treatment of packaging waste, as well as the supervision and administration thereof.
　　Article 3: For the purposes of these Measures, the term… Pesticide Packaging waste refers to Pesticide Used and then discarded with Pesticide Direct contact or containing Pesticide Packaging materials for residues, including bottles, cans, drums, bags, and the like.
　　Article 4: People’s governments at all local levels shall, in accordance with the provisions of the Soil Pollution Prevention and Control Law of the People’s Republic of China, organize, coordinate, and supervise the relevant departments to perform their duties in compliance with the law. Pesticide Supervisory and administrative responsibilities for the recycling and treatment of packaging waste, establishing and improving a comprehensive recycling and treatment system, and coordinating overall progress. Pesticide Construction of facilities for the collection and treatment of packaging waste, among other initiatives.
　　Article 5: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall be responsible for matters within their respective administrative areas. Pesticide Producers, operators, and users shall fulfill Pesticide Supervision and management of the obligations for the collection and treatment of packaging waste.
　　The ecological and environmental authorities of local people’s governments at or above the county level are responsible for matters within their respective administrative areas. Pesticide Supervision and management of environmental pollution prevention and control in packaging waste recycling and treatment activities.
　　Article 6 Pesticide Producers (including those exporting to China) Pesticide Enterprises, operators, and users shall actively fulfill Pesticide Obligation to collect and process packaging waste; ensure timely collection. Pesticide Package waste is collected and processed.
　　Article 7 The State encourages and supports industry associations in… Pesticide In the recycling and treatment of packaging waste, it plays roles such as organizational coordination, technical guidance, and service provision, while encouraging and supporting specialized service providers to carry out… Pesticide Recycling and treatment of packaging waste.
　　Article 8 The agricultural and rural affairs and ecological environment authorities of local people’s governments at or above the county level shall, by means of various forms, carry out… Pesticide Public awareness and education on the recycling and treatment of packaging waste, with guidance. Pesticide Producers, operators, and specialized service providers carry out Pesticide Recycling and treatment of packaging waste.
　　Encourage Pesticide Producers, operators, and social organizations carry out Pesticide Public awareness and training on the collection and treatment of packaging waste.
　　Chapter Two Pesticide Packaging waste recycling
　　Article 9: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall conduct surveys and monitoring within their respective administrative areas. Pesticide The generation of packaging waste, guiding the establishment of… Pesticide A packaging waste recycling system, with rational deployment at the county, township, and village levels. Pesticide Packaging waste recycling stations (points) shall have clearly defined management responsibilities.
　　Article 10 Pesticide Producers and operators shall, in accordance with the principle of “who produces or operates, who recycles,” fulfill their corresponding obligations. Pesticide Obligation to recycle packaging waste. Pesticide Producers and operators may negotiate and determine. Pesticide Specific methods for fulfilling the obligation to recycle packaging waste.
　　 Pesticide Operators shall establish [something] at their place of business. Pesticide Packaging waste recycling facilities shall not refuse to accept packaging sold by them. Pesticide Packaging waste.
　　 Pesticide Producers and operators shall take effective measures to guide Pesticide User returns it promptly. Pesticide Packaging waste.
　　Article 11 Pesticide Users should collect promptly. Pesticide Package waste and return it. Pesticide Operator or Pesticide Packaging waste collection stations (points) must not be abandoned at will.
　　 Pesticide During application, users should fully utilize the contents of the packaging by rinsing or other methods when preparing the solution. Pesticide , reduce residue Pesticide 。
　　Encourage localities that are able to do so to explore the establishment of inspector positions, among others. Pesticide Packaging waste cleaning and inspection mechanism.
　　Article 12 Pesticide Operators and Pesticide Packaging waste recycling stations (points) shall be established. Pesticide Packaging waste recycling ledger, record Pesticide Information on the quantity and destination of packaging waste. The recycling ledger shall be retained for no less than two years.
　　Article 13 Pesticide Producers should improve. Pesticide Packaging that is easy to clean and recycle.
　　The state encourages Pesticide Producers shall use packaging materials that are easily recyclable and easy to dispose of, water-soluble polymer packaging, or environmentally degradable packaging, and phase out aluminum foil packaging. The use of large-capacity packaging that is convenient for recycling is encouraged.
　　Chapter 3 Pesticide Packaging Waste Management
　　Article 14 Pesticide Operators and Pesticide Packaging waste collection stations (points) shall strengthen the management and maintenance of relevant facilities, equipment, and premises, and properly handle the collected… Pesticide Packaging waste shall be properly stored and may not be dumped, piled up, or scattered without authorization. Pesticide Packaging waste.
　　Article 15 Transportation Pesticide Packaging waste shall be managed in a manner that prevents environmental pollution and may not be discarded or scattered. Pesticide Packaging waste and transport vehicles shall meet requirements for rain protection, leak prevention, and prevention of spillage.
　　Article 16 The State encourages and supports the… Pesticide Packaging waste shall be subjected to resource recovery; any packaging waste not suitable for resource recovery shall, in accordance with applicable laws and regulations, undergo harmless disposal methods such as landfilling or incineration.
　　Resource utilization shall, in accordance with the principles of “controllable risks, designated locations and purposes, and end-to-end traceability,” be determined by the agricultural and rural affairs authorities and the ecological environment authorities of the provincial people’s government, in conjunction with local needs, and the designated entities shall be publicly announced. Resource utilization must not be used to manufacture food‑contact utensils, children’s toys, or other such products, so as to prevent harm to human health. Entities engaged in resource utilization are prohibited from reselling the materials. Pesticide Packaging waste.
　　The agricultural and rural affairs authorities and the ecological environment authorities of local people’s governments at or above the county level shall provide guidance to resource‑utilization entities on the utilization and disposal of recovered materials. Pesticide Packaging waste.
　　Article 17 Pesticide The costs for the treatment of packaging waste shall be borne by the relevant… Pesticide The producers and operators shall bear; Pesticide If the producer or operator is unidentified, the disposal costs shall be borne by the finance department of the county-level people’s government where the waste is located.
　　Encourage relevant local authorities to increase financial investment and provide subsidies, preferential policies, and other measures to support… Pesticide Activities related to the collection, storage, transportation, disposal, and resource recovery of packaging waste.
　　Chapter Four: Legal Liability
　　Article 18: If the agricultural and rural affairs authorities or the ecological environment authorities of people’s governments at or above the county level fail to perform their duties in accordance with the relevant provisions, the persons directly in charge and other persons directly responsible shall be subject to disciplinary sanctions in accordance with the law; if their actions constitute a crime, they shall be investigated for criminal liability in accordance with the law.
　　Article 19 Pesticide Producers, operators, and users have failed to fulfill their obligations as prescribed. Pesticide Those who fail to fulfill their obligations for the collection and treatment of packaging waste shall be subject to penalties imposed by the agricultural and rural affairs authorities of the local people’s government in accordance with Article 88 of the Soil Pollution Prevention and Control Law of the People’s Republic of China.
　　Article 88 of the Soil Pollution Prevention and Control Law of the People’s Republic of China:
　　In violation of the provisions of this Law, producers, sellers, or users of agricultural inputs fail to promptly collect and dispose of packaging waste from fertilizers and other agricultural inputs, or agricultural plastic film, as required, or fail to do so in a timely manner. Pesticide Where packaging waste is entrusted to a specialized agency or organization for harmless treatment, the agricultural and rural affairs department of the local people’s government shall order rectification and impose a fine of no less than RMB 10,000 but no more than RMB 100,000; if the user of agricultural inputs is an individual, a fine of no less than RMB 200 but no more than RMB 2,000 may be imposed.
　　Article 20 Pesticide In the course of the collection and treatment of packaging waste, any environmental pollution shall be subject to penalties imposed by the local people’s government’s department in charge of ecological environment, 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 and other applicable laws.
　　Article 21 Pesticide Operators and Pesticide The packaging waste recycling station (or collection point) has not been established in accordance with the relevant regulations. Pesticide Those who fail to maintain records of packaging waste recycling shall be ordered by the agricultural and rural affairs department of the local people’s government to make corrections; if they refuse to correct or the circumstances are serious, they may be subject to a fine of no less than RMB 2,000 and no more than RMB 20,000.
　　Chapter V Supplementary Provisions
　　Article 22. For the purposes of these Measures, “specialized service institutions” refer to entities engaged in… Pesticide An organization engaged in activities such as the collection and treatment of packaging waste.
　　Article 23 This Measures shall come into force on October 1, 2020.