Order of the Ministry of Commerce of the People's Republic of China and the National Development and Reform Commission of the People's Republic of China

No. 1, 2003

The Administrative Measures for the Use and Reporting of Disposable Plastic Products by Business Operators in the Commercial Field have been reviewed and adopted at the 45th Ministerial Meeting of the Ministry of Commerce on January 31, 2023, and with the consent of the Development and Reform Commission, are hereby promulgated and will come into force on June 20, 2023.

Minister Wang Wentao

Director Zheng Zhajie

May 10, 2023

Administrative measures for the use and reporting of disposable plastic products by business operators

Chapter I General provisions

Article 1 These Measures are formulated for the purpose of implementing the provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste on the use and reporting of disposable plastic products.

Article 2 These Measures apply to the supervision and administration of the use and report of disposable plastic products in the commercial field.

The term "commercial field" as mentioned in these Measures refers to the fields within the scope of duties of the competent department of commerce in the use and reporting of disposable plastic products according to national laws and relevant regulations, including commodity retail, e-commerce, catering, accommodation and exhibition.

The term "disposable plastic products" as mentioned in these Measures refers to finished products made of plastic that are provided to consumers by business operators in their business activities and are not intended for reuse.

Article 3 The State promotes the green development mode, advocates a simple, moderate, green and low-carbon lifestyle, encourages the reduction of the use of disposable plastic products, scientifically and steadily promotes the application of alternative products, and guides the public to actively participate in the control of plastic pollution.

Article 4 The state prohibits and restricts the use of non-degradable plastic bags and other disposable plastic products according to law, the specific scope, implementation time and regional requirements of the prohibition and restriction of use shall be standardized and adjusted in accordance with the relevant provisions of the State (hereinafter referred to as the provisions of the State Prohibition of use), and business operators in the commercial field shall comply with the provisions of the State prohibition of use. It may be used if it is not included in the national regulations on prohibited use.

Article 5 Business operators in the commercial field of commodity retail establishments, e-commerce platforms (including take-out platforms) enterprises, take-out enterprises shall report the use and recycling of disposable plastic products to the competent commercial authorities in accordance with these measures.

The term "commodity retail places" as mentioned in these Measures refers to all kinds of supermarkets, shopping malls and market markets that provide retail services to consumers. The establishment unit of a commodity retail place refers to an enterprise legal person that provides a business place for a commodity retail operator and signs a joint venture or lease operation agreement with the commodity retail operator in the place.

The term "e-commerce platform enterprise" as mentioned in these Measures refers to an enterprise that provides online business premises, transaction matching, information release and other services for both parties or parties to the transaction in e-commerce for both parties or parties to independently carry out transaction activities.

The term "takeaway enterprises" as mentioned in these Measures refers to retail and catering enterprises that provide takeaway services.

Article 6 The Ministry of Commerce shall be responsible for the supervision and administration of the implementation of the national regulations on the prohibition of use and the reporting activities of disposable plastic products in the national commercial field.

The Development and Reform Commission and other relevant departments have established a working mechanism to guide and coordinate the control of plastic pollution.

Local competent commercial departments at or above the county level shall, in accordance with their duties, supervise and manage the implementation of the national regulations on prohibited use and the reporting activities of disposable plastic products in the commercial fields of their respective administrative areas. Where the local competent commercial departments at or above the county level are involved in the adjustment of the relevant commercial law enforcement duties in these Measures, the relevant commercial law enforcement duties shall be implemented by the departments designated by the people's governments at the same level to undertake the relevant responsibilities.

Local development and reform departments at or above the county level shall, in accordance with their responsibilities, guide and coordinate the control of plastic pollution in their respective administrative areas.

Article 7 Industry associations related to disposable plastic products shall formulate industry norms, provide consulting, training and other services, and strengthen publicity and guidance and industry self-discipline.

Chapter two business operator norms

Article 8 Business operators in the commercial field shall post, place or set up the national restrictions on the use of slogans, or the link logo of the above information in the prominent position of their business premises or websites, and the link logo shall be clear and eye-catching.

Article 9 Commodity retail operators shall implement the Administrative Measures for the Paid Use of Plastic shopping bags in Commodity Retail Places in accordance with law.

Retail operators are encouraged to reduce the use of disposable plastic products by setting up self-service sales devices for alternative products and providing shopping baskets and shopping cart rental services.

10th e-commerce operators should give priority to the use of reusable, easy to recycle packaging, comply with the relevant provisions of the State packaging management.

Encourage e-commerce operators to cooperate with commodity production enterprises, design and apply commodity packaging that meets the needs of express logistics distribution, and promote the original straight hair of e-commerce express shipments.

Encourage e-commerce operators to cooperate with express delivery enterprises to promote the application of recyclable express packaging and reduce the use of disposable plastic products.

Article 11 E-commerce platform (including take-out platform) enterprises shall develop platform rules to encourage operators within the platform to reduce the use of disposable plastic products in express packaging and take-out links.

Encourage e-commerce platforms (including takeout platforms) enterprises to cooperate with express delivery companies, sanitation units, recycling companies, etc., and put disposable plastic products recycling facilities in key areas such as office buildings, schools, and large communities.

Encourage e-commerce platforms (including take-out platforms) enterprises to guide consumers to use alternative products by establishing mechanisms such as integral feedback and green credit, and reduce the use of disposable plastic products in express packaging and take-out links.

Article 12 The establishment units of commodity retail places and e-commerce platforms (including takeout platforms) enterprises shall urge their operators to make a commitment to self-discipline in the use of disposable plastic products, and take the initiative to promise to know and comply with the provisions of the national prohibition on the use of plastic products. The operators who have settled in shall make a self-discipline commitment within 60 days from the date of implementation of these Measures.

Article 13 Catering operators shall, according to the contents, reasonably choose alternative products or compliant disposable plastic products to provide packaging or take-out services.

Restaurant operators are encouraged to reduce the use of single-use plastic products through incentives to guide consumers to use alternative products.

Article 14 Accommodation operators shall, in accordance with the relevant provisions of the State, refrain from providing disposable plastic products.

Accommodation operators are encouraged to encourage consumers to reduce the use of single-use plastic products through incentives.

Article 15 Exhibition hall operators shall actively carry out publicity and guidance, and inform the organizers of exhibition activities in writing of the national regulations on prohibited use.

The organizer of the exhibition shall inform the exhibitors and other units related to the exhibition of the national restrictions on the use of the provisions.

Encourage exhibition organizers and exhibitors to use alternative products and reduce the use of disposable plastic products.

16th commodity retail establishment units, e-commerce platform (including take-out platform) enterprises, take-out enterprises shall through the Ministry of Commerce established the national disposable plastic products use, recycling reporting system, to the local county department of commerce to report the use of disposable plastic products, recycling situation. The first half of the report should be completed by July 31 of the current year, and the second half of the report should be completed by January 31 of the following year.

The scope of disposable plastic products report is dynamically adjusted according to relevant national regulations. The report shall be true and complete, shall not contain false information, and shall not contain major omissions.

Article 17 The establishment units of commodity retail places report the paid use of plastic shopping bags by their own, joint operations and operators in their places, the recycling of plastic waste and the self-discipline commitments made by operators in their places.

Where there are establishments of commodity retail establishments of different enterprise legal persons in the commodity retail establishments, the establishments shall report their respective situations separately.

Encourage commodity retail operators outside the reporting scope of the establishment of commodity retail places to report the paid use of plastic shopping bags and the recycling of plastic waste.

Article 18 E-commerce platform enterprises report the use of express plastic packaging (including plastic bags, plastic tape, disposable plastic woven bags, etc.) generated by their own business, the recycling of plastic waste, and the self-discipline commitments made by operators within the platform. Delivery platform companies report the use of plastic shopping bags, disposable plastic tableware (knives, forks, spoons), disposable degradable plastic straws generated by their own business, plastic waste recycling and the self-regulatory commitments made by operators within the platform.

E-commerce platform enterprises and take-out platform enterprises refer to the preceding paragraph to report the object, the use and recycling of disposable plastic products by operators within the platform should be carried out in accordance with the reporting period, and report to the local county-level commerce authorities. The overall evaluation report includes the platform rules formulated by the platform enterprises to encourage operators within the platform to reduce the use of the above disposable plastic products, the relevant governance measures taken, the publicity and promotion activities carried out, and the reduction results achieved by operators within the platform. In addition to the above content of the evaluation report, the delivery platform enterprise should also report the evaluation of the paid use of the above disposable plastic products by the operators in its platform.

The take-out platform enterprises shall inform the platform internal and external sales enterprises of the national regulations on the use and recycling of disposable plastic products in an appropriate manner.

Article 19 Take-out enterprises report the use of plastic shopping bags, disposable plastic tableware (knives, forks, spoons), disposable degradable plastic straws and plastic waste recycling. Food delivery companies report data that does not differentiate between in-store instant consumption and delivery business. The establishment units of commodity retail places providing take-out services shall be reported in accordance with Article 17 of these Measures and the provisions of this Article.

Article 20 When each reporting body reports the use of disposable plastic products, it can fill in the "usage", "sales" or "purchase amount" according to the actual situation, and the reporting caliber must always be consistent in the reporting process.

All reporting bodies are encouraged to take the initiative to report on the use and recycling of alternative products.

Chapter III Supervision and administration

Article 21 The local competent commercial departments at or above the county level shall adopt the "double random and one open" method to carry out daily supervision and inspection on the implementation of the state prohibited use provisions and the use and recycling reporting activities of business operators within the administrative area, focusing on the following aspects:

(A) the use of disposable plastic products;

(b) business operators in the field of Posting, placing or setting up the state prohibited use of the provisions of the slogan or link signs;

(3) The establishment units of commodity retail places and e-commerce platforms (including takeout platforms) enterprises make self-discipline commitments to supervise and manage their settled operators;

(D) e-commerce platform (including takeout platform) enterprise platform rules;

(5) The operator of the exhibition hall notifies the performance of its obligations;

(6) Report on the use and recycling of disposable plastic products.

Article 22 Local competent commerce departments at or above the county level may take the following measures to carry out supervision and inspection according to law:

(1) entering places where disposable plastic products are used for inspection;

(2) To question the units or individuals concerned with the matters of supervision and inspection and ask them to explain the situation;

(3) to consult and copy relevant documents and materials;

(4) Other measures taken in accordance with relevant laws and regulations.

Article 23 Business operators in the commercial field suspected of illegal use of non-degradable plastic bags and other disposable plastic products, or commodity retail establishments, e-commerce platforms (including take-out platforms) enterprises, take-out enterprises suspected of illegal report the use of disposable plastic products, recycling, local commercial authorities at or above the county level can interview the above operators.

Article 24 The local competent commercial departments at or above the county level shall strengthen the quality review and publicity and guidance of the disposable plastic products report in the administrative area, and do a good job in the analysis of the use and recycling reports of disposable plastic products. The implementation and analysis of the reporting system shall be reported to the competent commercial department at the next level within 30 days after the completion of the reporting work, and a copy of the development and reform department at the same level.

Chapter IV Legal liability

Article 25 Business operators in the commercial field who fail to comply with the provisions of the State on prohibited use shall be ordered by the local competent Commerce Department at or above the county level to make corrections within a time limit, and those who fail to make corrections within a time limit shall be imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 26 In violation of the provisions of Article 16, Article 17, the first and second paragraphs of article 18, and Article 19, the establishment units of commodity retail places, e-commerce platforms (including take-out platforms) enterprises and take-out enterprises fail to report the use of disposable plastic products in accordance with the measures, the local competent Commerce Department at or above the county level shall order a correction within a time limit. A fine of not less than 10,000 yuan but not more than 100,000 yuan.

Chapter V Supplementary Provisions

Article 27 The provincial competent department of commerce, together with the development and reform departments at the same level, may formulate the implementation rules of these measures in light of the local actual situation, and report to the Ministry of Commerce and the Development and Reform Commission for the record.

Article 28 The local people's government at or above the county level may, according to the actual situation of the region, determine the departments to implement the supervision and administration responsibilities of the local commercial departments at or above the county level as provided for in these measures, and the supervision and administration departments determined by the local people's government at or above the county level shall assume the responsibilities.

Article 29 These measures shall be interpreted jointly by the Ministry of Commerce and the National Development and Reform Commission.

Article 30 These Measures shall come into force as of June 20, 2023. The Measures for Reporting the use and recycling of disposable plastic products in the Commercial Field (Trial) (Announcement No. 61 of the Ministry of Commerce, 2020) shall be repealed at the same time.