According to the website of the Ministry of Commerce on May 16, in order to thoroughly implement Xi Jinping's thoughts on ecological civilization and solidly promote the work of plastic pollution control in the business field, in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, the Ministry of Commerce and the National Development and Reform Commission jointly formulated and recently issued the "Management Measures for the Use and Reporting of Disposable Plastic Products by Business Operators" (hereinafter referred to as the "Management Measures").

The "Management Measures" propose that the country promotes a green development mode, advocates a simple, moderate, green and low-carbon lifestyle, encourages the reduction of the use of disposable plastic products, promotes the application of alternative products in a scientific and steady manner, and guides the public to actively participate in the treatment of plastic pollution. Business operators in the retail, e-commerce, catering, accommodation, exhibitions and other business fields shall abide by the state's regulations on prohibiting and restricting the use of disposable plastic products such as non-degradable plastic bags.

The "Management Measures" clearly state that the operators of retail outlets, e-commerce platforms (including food delivery platforms) and food delivery companies should follow the principles of truthfulness and completeness and regularly report the use and recycling of disposable plastic products. At the same time, each reporting entity is encouraged to actively report the use and recycling of alternative products.

The Management Measures require that relevant departments supervise and manage the implementation of the national prohibition and restriction on the use of disposable plastic products such as non-degradable plastic bags and the reporting of disposable plastic products by business operators in their administrative regions.

The head of the Circulation Industry Development Department of the Ministry of Commerce interprets the Management Measures for the Use and Reporting of Disposable Plastic Products by Business Operators

Recently, the Ministry of Commerce and the National Development and Reform Commission jointly issued the Management Measures for the Use and Reporting of Disposable Plastic Products by Business Operators (hereinafter referred to as the Management Measures). The Management Measures focus on standardizing the use and reporting of disposable plastic products by business operators.

Question 1: What is the background and significance of the issuance of the Management Measures?

Answer: Plastics are widely used in social production and residents' lives. If plastic products are improperly disposed of during use, they will cause "white pollution", have serious impacts on natural resources and the ecological environment, and pose a huge challenge to global sustainable development.

For many years, the Party Central Committee and the State Council have attached great importance to the work of plastic pollution control. In January 2020, the 10th meeting of the Central Committee for Comprehensively Deepening Reforms reviewed and adopted the "Opinions on Further Strengthening Plastic Pollution Control", which determined the work goals of banning and restricting the production, sale and use of some plastic products by industry, stage and region. In April of the same year, the 17th meeting of the Standing Committee of the 13th National People's Congress revised and adopted the "Law on the Prevention and Control of Environmental Pollution by Solid Waste" (hereinafter referred to as the "Solid Waste Law"), adding special provisions for plastic pollution control in the business field. In September 2021, the "14th Five-Year Plan for Plastic Pollution Control" jointly issued by the National Development and Reform Commission and the Ministry of Ecology and Environment detailed and clarified specific tasks from the aspects of actively promoting the reduction of plastic production and use at the source, accelerating the standardized recycling and disposal of plastic waste, and vigorously carrying out the cleanup and rectification of plastic waste in key areas. In November 2022, the Chinese government and the International Bamboo and Rattan Organization jointly launched the "Bamboo Instead of Plastic" initiative to promote the reduction of plastic pollution and accelerate the implementation of the United Nations 2030 Agenda for Sustainable Development.

The business sector occupies an important position in the whole chain of plastic pollution governance. It can not only influence the product design concept of upstream manufacturers by feedback on consumer market demand, but also bear the social responsibility of regulating the use and reporting of some plastic products.

In recent years, the Ministry of Commerce has conscientiously implemented the requirements of the "Solid Waste Law" and related policy documents, established a disposable plastic product reporting system, continuously strengthened the management of key industries such as commodity retail, e-commerce, catering, accommodation, and exhibitions, and continuously improved the supporting system of the "Solid Waste Law".

The Ministry of Commerce and the National Development and Reform Commission jointly issued the "Management Measures", which is an important measure to promote the formation of green and low-carbon production and lifestyles. It is a concrete action to reduce the use of traditional plastics and jointly promote carbon reduction, pollution reduction, and green expansion. It is of great significance to enhance the green alternative supply of plastic products and cultivate green consumption concepts.

Question 2: What does the "Management Measures" specifically include?

Answer: The Management Measures have five chapters and 30 articles, mainly including: Chapter 1, General Provisions, covering the purpose of legislation, scope of application, overall requirements, division of labor, responsibilities of associations, etc.; Chapter 2, Business Operator Norms, mainly including the obligations of business operators in the business fields of commodity retail, e-commerce, catering, accommodation, exhibition, etc., and clarifying the requirements, norms, time limits, etc. for reporting entities to report disposable plastic products; Chapter 3, Supervision and Management, stipulates the implementation of the national requirements for prohibiting and restricting the use of plastic products and the implementation of daily supervision and inspection of use and recycling reporting activities; Chapter 4, Legal Liability, clarifies the corresponding legal liability for violations of the prohibition and restriction of the use of plastic products and the use and recycling reporting regulations; Chapter 5, Supplementary Provisions, including implementation details, interpretation authority, implementation time, etc.

Question 3: What are the specific normative requirements of the Management Measures for the use of disposable plastic products by business operators in the business field?

Answer: The Management Measures clearly state that five types of operators, including commodity retail, e-commerce, catering, accommodation, exhibition, etc., should abide by the national regulations on prohibiting and restricting the use of non-degradable plastic bags and other disposable plastic products.

The Management Measures require that retail operators should provide consumers with plastic shopping bags for a fee, and reduce the use of disposable plastic products by setting up alternative product sales devices, providing shopping baskets and shopping cart rentals, etc. E-commerce operators should give priority to reusable and recyclable packaging, and promote the original direct delivery of e-commerce express parcels. E-commerce platforms should formulate platform rules to encourage operators on the platform to reduce the use of disposable plastic products in express packaging and takeaway links. When providing packaged or takeaway services, catering operators should reasonably choose alternative products or compliant disposable plastic products. Accommodation operators shall not actively provide consumers with disposable plastic products in accordance with relevant national regulations prohibiting or restricting the use of some plastic products. Exhibition hall operators shall inform exhibitors and other relevant national regulations prohibiting or restricting the use of some plastic products through the organizer of the exhibition.

It should be noted that market entities in the business field should post, place or set up slogans or link signs of national prohibition and restriction regulations in conspicuous locations of business premises or websites. At the same time, consumers are encouraged to use alternative products to reduce the use of disposable plastic products.

Question 4: How does the Management Measures regulate the reporting of the use and recycling of disposable plastic products by operators in the business field?

Answer: The Management Measures implement the relevant requirements of the Solid Waste Law and stipulate that the operators of retail outlets, e-commerce platform companies and takeaway companies shall report the use and recycling of disposable plastic products such as plastic shopping bags, express plastic packaging, and disposable plastic tableware to the local county-level commercial authorities every six months.

The Management Measures have different requirements for the use and reporting of disposable plastic products in the business field. For example, the use behavior is regulated for five types of entities, including retail, e-commerce, catering, accommodation, and exhibitions; the reporting behavior is regulated for three types of entities, including retail outlets, e-commerce platform companies, and takeaway companies. For another example, the use behavior is regulated for disposable plastic products such as non-degradable plastic bags, while the reporting behavior is regulated for disposable plastic products such as plastic bags, regardless of whether they are degradable or not.

The Management Measures propose that when each reporting entity reports the use of disposable plastic products, the caliber must be consistent. At the same time, the Management Measures encourage all reporting entities to actively report the use and recycling of alternative products.

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