Shanghai's Commodity Packaging Reduction Rules: Key Compliance Points Taking Effect February 1, 2013

The Several Provisions of Shanghai Municipality on Reducing Commodity Packaging Materials were voted through and promulgated at the 37th session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 21, 2012, and became effective on February 1, 2013.

Several Provisions of Shanghai Municipality on Reducing Commodity Packaging Materials

(Adopted on November 21, 2012 at the 37th session of the Standing Committee of the 13th Shanghai Municipal People's Congress)

Article 1 These Provisions are formulated to curb excessive packaging of commodities, lower consumption costs, cut the generation of packaging waste, put resources to rational use and protect the environment, in accordance with the Cleaner Production Promotion Law of the People's Republic of China, the Circular Economy Promotion Law of the People's Republic of China, the Standardization Law of the People's Republic of China and other laws and regulations, and in light of the actual conditions of this Municipality.

Article 2 These Provisions apply to the packaging of commodities produced and sold within the administrative area of this Municipality, and to the supervision and administration of that packaging.

Article 3 Reduction of packaging materials follows the principles of corporate self-restraint, government management and guidance, industry self-regulation, and joint supervision by society.

Article 4 The quality and technical supervision department is responsible for supervising and administering the reduction of commodity packaging materials.

Administrative departments for industry and commerce, food and drug supervision and others must include commodity packaging in the scope of their quality supervision and inspection work, and must notify the quality and technical supervision department at the same level of the results.

The administrative department for development and reform, together with the relevant departments, is to draw up and refine policies and measures that promote packaging reduction in line with these Provisions.

The administrative departments for economy and informatization, environmental protection and others must bring commodity packaging into the scope of cleaner production audits and press manufacturing enterprises to package their products in a reasonable manner.

The administrative department for commerce must urge commercial enterprises to strengthen incoming goods inspection and acceptance as required by these Provisions, and, together with the relevant departments, advance the recovery and reuse of commodity packaging materials.

The administrative departments for landscaping and city appearance, pricing and others are to work together on packaging reduction within the scope of their respective duties.

Article 5 Commodity packaging must be reasonable. On the premise that normal functional needs are met, its materials, structure and cost should suit the characteristics, specifications and cost of the commodity it contains, so as to limit the generation of packaging waste.

For commodities already covered by national standards restricting excessive packaging, this Municipality applies focused supervision. Where the State has not yet issued such standards, the municipal quality and technical supervision department may join with the relevant administrative departments and industry associations to set guiding specifications for commodity packaging.

Article 6 In packaging commodities, producers and sellers must not contravene the mandatory provisions of the national standards that restrict excessive packaging of commodities, referred to below as the mandatory provisions.

Sellers must not sell commodities that breach the mandatory provisions. A seller should state expressly in its arrangement with the commodity supplier that the packaging has to comply with the mandatory provisions, verify the packaging during incoming goods inspection and acceptance, and, where necessary, ask the supplier for evidence that the packaging meets the mandatory provisions. If the packaging breaches the mandatory provisions, or the supplier refuses to provide such evidence, the seller may refuse to take delivery as agreed in the contract.

Article 7 This Municipality encourages enterprises to carry out packaging reduction work while safeguarding the safety and hygiene of commodities, and encourages them to give priority to packaging materials that are recyclable, renewable, recoverable or readily degradable.

This Municipality also advocates that producers and sellers disclose on the outer packaging information such as packaging recovery and reuse and packaging costs, and that they operate recovery and reuse of packaging materials.

When sellers and commodity suppliers conclude supply and marketing contracts, they may include terms on the recovery of commodity packaging materials. For packaging materials listed in the State mandatory recovery catalogue, the producer, or a seller entrusted by the producer to handle recovery, must collect them.

Where commodities are procured with fiscal funds, priority should be given, under equal conditions, to commodities that comply with this Municipality's guiding specifications, and commodities that breach the mandatory provisions must not be procured.

Article 8 Industry associations must strengthen industry self-discipline, urge enterprises to implement the laws, regulations, standards and specifications on restricting excessive commodity packaging, guide enterprises to make public commitments to society on packaging reduction and similar matters, and promote packaging reduction work.

Industry associations may formulate and implement self-discipline rules that are stricter than the State mandatory provisions and this Municipality's guiding specifications. For commodities for which neither the State nor this Municipality has issued standards or guiding specifications restricting excessive packaging, associations may formulate and implement corresponding self-discipline rules.

Under the guidance of the relevant government departments, industry associations may organize and carry out certification of simple packaging for commodities.

Article 9 In supervising and inspecting commodity packaging, the quality and technical supervision department uses a combination of supervisory spot checks and special inspections, and testing must be entrusted to qualified technical institutions. Funding for supervision and inspection is allocated by the finance department at the same level and must not be collected from those inspected.

The municipal quality and technical supervision department must disclose supervision and inspection results in a timely manner, and publicly announce through the media the producers and sellers with serious violations and the commodities involved.

When the quality and technical supervision department organizes supervision and inspection of commodity packaging, other relevant government departments are to coordinate in that work.

Article 10 The municipal quality and technical supervision department must publish on its government website the State and municipal standards and specifications restricting excessive packaging of commodities, so that the public can look them up easily.

Where the public finds commodity packaging that breaches the mandatory provisions, it may report the matter to the quality and technical supervision department, which must investigate and handle it promptly.

Media such as radio stations, television stations, newspapers and periodicals, and websites are expected to carry out social supervision and public-interest publicity on packaging reduction, expose and criticize unlawful packaging practices, and guide consumers toward sensible consumption. They must not publicize or advertise commodities that breach the mandatory provisions.

Article 11 Where a producer packages commodities in breach of the mandatory provisions, the quality and technical supervision department must order it to stop the unlawful act and to make corrections within a prescribed time limit.

Where a seller sells commodities that breach the mandatory provisions, the quality and technical supervision department must order it to stop sales and make corrections within a prescribed time limit. If the seller refuses to stop sales, a fine of not less than 2,000 yuan and not more than 20,000 yuan applies; in serious cases, a fine of not less than 20,000 yuan and not more than 50,000 yuan applies.

Article 12 These Provisions take effect on February 1, 2013.

— This article is reposted from China Packaging Network (pack.cn). Original link: http://news.pack.cn/show-361996.html