1. The necessity of legislation
The party and the state have always insisted on being diligent and thrifty and opposed to extravagance and waste. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has repeatedly issued important instructions on stopping food waste, demanding”practice economy and oppose waste.” However, under the influence of unscientific and uncivilized consumption customs such as ostentation, lavishness, and face-consciousness, the problem of food waste in our country has always existed, and it has become a chronic disease, and the people have strongly responded to it. Some NPC deputies and CPPCC members put forward bills, suggestions, and proposals, calling for the use of legal means to stop food waste. In August 2020, General Secretary Xi Jinping again issued important instructions, emphasizing the need to strengthen legislation, strengthen supervision, take effective measures, establish a long-term mechanism, and resolutely stop food waste. General Secretary Xi Jinping’s important instructions show that the Party Central Committee attaches great importance to and firm determination to stop food waste, which has won the heartfelt support of the broad masses of people and all sectors of society. To implement the spirit of the important instructions of General Secretary Jinping and the decision and deployment of the Party Central Committee, and actively respond to social concerns, it is necessary to formulate an anti-food waste law.
One is the urgent need to ensure national food security. A large population and relatively insufficient land resources are my country’s basic national conditions, and my country’s food supply and demand have been in a tight balance for a long time. Food security is an important foundation of national security. To ensure food security, it is necessary to attach great importance to food production and at the same time to prevent waste, and to put food production and waste prevention in an equally important position. The impact of the global new crown pneumonia epidemic this year has sounded the alarm for us. We need to pass legislation to rectify waste and protect food security.
The second is to promote the traditional virtues of the Chinese nation and practice the internal requirements of the core socialist values. Cherishing food, making the best use of everything, and being diligent and thrifty are the traditional virtues of the Chinese nation. The enactment of the Anti-Food Waste Law transforms the requirements that reflect the traditional virtues of the Chinese nation and the core socialist values into legal norms, which is conducive to the use of the rule of law to lead the formation of correct values and establish a new civilized trend in the whole society.
The third is an important measure to save resources, protect the environment, and promote sustainable economic and social development. Conserving resources and protecting the environment are my country’s basic national policies. The report of the 19th National Congress of the Communist Party of China pointed out that it is necessary to promote comprehensive resource conservation and recycling, advocate a simple and moderate, green and low-carbon lifestyle, and oppose extravagant waste and unreasonable consumption. Catering waste means not only the waste of food, food, and grain itself, but also the ineffective consumption of input water, land, energy and other means of production. The formulation of anti-food waste laws and the promotion of civilized, healthy, rational and green consumption concepts are of great significance for accelerating the construction of a resource-saving and environment-friendly society and promoting sustainable economic and social development.
Fourth is the actual need to consolidate and deepen the existing practical results and establish a long-term mechanism to stop food waste. The formulation of the Anti-Food Waste Law has elevated the policy measures that have been effective in my country’s practice in recent years to legal provisions, and clarifies the responsibilities of all relevant entities. This is conducive to establishing a long-term mechanism, giving play to the leading and regulating role of the law, and establishing catering consumption, Basic code of conduct for daily food consumption.
2. Drafting process and basic ideas
The Party Group of the Standing Committee of the National People’s Congress attaches great importance to the legislative work to stop catering waste, earnestly study and profoundly understand the spirit of General Secretary Xi Jinping’s important instructions, and accelerate the implementation of the work. Comrades Li Zhanshu and Wang Chen have issued instructions on many occasions to conduct research and deployment on speeding up legislation to stop food waste. The Legal Affairs Commission set up a special class for legislative work as soon as possible, and actively carried out research and drafting work. The first is to systematically sort out the documents, policies and current laws, regulations, rules, and normative documents issued by the Party Central Committee, as well as relevant laws, regulations and documents of the United Nations, the European Union, France, Italy, Japan, and the United Kingdom. The second is to listen to opinions extensively, hold several symposiums to listen to the opinions of relevant central departments, relevant special committees of the National People’s Congress, local people’s congresses, industry associations, enterprises, and experts and scholars, solicit opinions from 9 primary-level legislative contact points in writing, and go to China University of Political Science and Law for research ; After the draft is formed for soliciting opinions, the provinces (autonomous regions, municipalities) and relevant departments of the central government shall be issued for soliciting opinions. The third is to strengthen communication and coordination with relevant central departments and local people’s congresses, conduct in-depth research and demonstration on major legislative issues, and hear opinions. In general, all parties have reached a broad consensus on legislation. On the basis of the above work, after repeated research and revision, the”Law of the People’s Republic of China on Anti-Food Waste (Draft)” was formed.
Food waste is the waste of food, food, and grain. It involves eating, sales, processing, storage and transportation, and harvesting. It needs to be systematically governed from legislative, regulatory, technical, and guidance aspects. Among them, legislation is commanding and can make institutional arrangements for preventing waste in all aspects. The overall idea is to coordinate the establishment of a system to prevent food waste through a combination of special legislation and the Food Security Law and other relevant legislation. The special legislation is to formulate the anti-food waste law, and the drafting work adheres to the guidance of Xi Jinping’s new era of socialism with Chinese characteristics. It thoroughly studies and implements the spirit of the 19th National Congress of the Communist Party of China and the second, third, fourth and fifth plenary sessions of the 19th Central Committee To implement the spirit of General Secretary Jinping’s important instructions on stopping food waste and the Party Central Committee’s decision-making arrangements, pay attention to the following points in the work:First, pass on legislation to inherit and promote the traditional virtues of the Chinese nation, cultivate and practice the core socialist values, for protection National food security creates an atmosphere of shame in waste and pride in saving to provide legal protection for the whole society. The second is to accurately grasp the legislative positioning, highlight the key points, and focus on the food consumption, anti-waste in the sales process, and strict management and control of food consumption, anti-waste in the sales process, and deal with the food that will be formulated. The relationship between the Security Guarantee Law and other relevant laws. The third is to pay equal attention to regulation and guidance, focus on establishing a long-term mechanism for anti-food waste, strengthen supervision of bad food waste behaviors, adhere to the unity and promotion of the rule of law and the rule of morality, and actively advocate a civilized, healthy and scientific diet culture, and strengthen public opposition Food waste awareness.
3. The main content of the draft
The draft consists of 32 articles, which respectively stipulate definitions, principles and requirements for anti-food waste, responsibilities of the government and its departments, responsibilities of various entities, regulatory measures, and legal responsibilities. The main content is as follows:
(1) Definition of food and food waste
In order to clarify the scope of application of this law, the relevant terms of this law are defined, and the food referred to in this law refers to the food specified in the Food Safety Law of the People’s Republic of China, including all kinds of food for human consumption or drinking. The food waste mentioned in this law refers to the failure to use food that is safe to eat or drink according to its functional purpose. (Article 2 of the draft)
(2) Principles and requirements for anti-food waste
emphasizes the country’s strict economy and opposition to waste. It is clear that the state adheres to the principles of multiple measures, precise policy implementation, scientific management, and social governance, and adopts technically feasible and economically reasonable measures to prevent and reduce food waste. The country advocates civilized, healthy, resource-saving, and environmentally friendly consumption methods, and advocates a simple, moderate, green and low-carbon lifestyle. (Article 3 of the draft)
(3) Regarding the responsibilities of the government and its departments
Consolidate the responsibilities of the people’s governments at all levels and relevant departments against food waste. The first is to clarify that people’s governments at all levels should strengthen their leadership in anti-food waste work, establish and improve anti-food waste work mechanisms, determine anti-food waste goals and tasks, strengthen supervision and management, and promote anti-food waste work. The second is to require local people’s governments at or above the county level to publicize their anti-food waste work to the public every year, and propose measures to strengthen anti-food waste. The third is to focus on clarifying the responsibilities of the State Council’s development and reform department, the competent commercial department, the market supervision and management department, and the grain and material reserve department in anti-food waste. (Article 4 and Article 5 of the draft)
(4) Regarding various main responsibilities
Adhere to the combination of restraint and advocacy, restrain official meals, regulate the catering service behavior of catering service providers and catering take-out platforms, strengthen the management of unit canteens, school canteens, and off-campus catering units, and clarify the responsibilities of tourism operators and food operators , Advocate individuals and families to form good habits and lifestyles of scientific health, making the best use of materials, and preventing waste. Organizers and participants of weddings and funerals, gatherings of friends, family dinners and other activities are required to order meals scientifically and appropriately, civilized and healthy Dining. (Articles 6 to 14 of the draft)
(5) About the implementation of social co-governance
To build an anti-food waste social co-governance mechanism featuring government leadership, departmental collaboration, industry guidance, media supervision, and public participation. The first is to clarify that food and catering industry associations strengthen industry self-discipline, formulate and implement anti-food waste and other related group standards and industry self-discipline norms in accordance with the law. The second is to emphasize that education administrative departments and schools will implement strict economy and combat waste into the content of education and teaching. The third is to stipulate that the news media carry out public welfare propaganda against food waste, and prohibit the production, publication, and dissemination of programs or audio and video messages that promote food waste such as overeating and overeating. (Article 19, Article 21, Article 22 of the draft)
(6) Regarding strengthening supervision and improving restraint measures
One is to clarify that people’s governments at all levels and their relevant departments establish anti-food waste supervision and inspection mechanisms. The second is to require people’s governments at or above the county level to take measures to support scientific research and technological development activities to prevent food waste; the state implements tax policies that are conducive to preventing food waste. The third is to clarify that any unit or individual has the right to report to the relevant competent departments and agencies if they find that food producers and operators have food waste. The fourth is to provide corresponding legal responsibilities for non-proactive reminders to prevent food waste, production, publication, and dissemination of programs that promote food waste such as overeating, overeating, or audio and video information. (Article 17, Article 26 to Article 30 of the draft)