Measures for the Administration of the Use and Reporting of Single-Use Plastics by Businesses in the Commercial Field
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 [2023])
The Measures for the Administration of the Use and Reporting of Single-Use Plastics by Businesses in the Commercial Field, as deliberated and adopted at the 45th executive meeting of the Ministry of Commerce on January 31, 2023, and approved by the Development and Reform Commission, are hereby issued, and shall come into force on June 20, 2023.
Wang Wentao, Minister of Commerce
Zheng Shanjie, Director of the National Development and Reform Commission
May 10, 2023
Measures for the Administration of the Use and Reporting of Single-Use Plastics by Businesses in the Commercial Field
Chapter I General Provisions
Article 1 These Measures are developed for the purpose of implementing the provisions on the use and reporting of single-use plastic products in the Law of the People's Republic of China on the Prevention and Control of Environment Pollution Caused by Solid Wastes.
Article 2 These Measures shall apply to the supervision and administration of the use and reporting of single-use plastics in the commercial field.
For the purpose of these Measures, the term "commercial field” means any field in which the competent department of commerce is in charge of regulating the use and reporting of single-use plastics according to the laws of the state and relevant provisions, including retail sale of goods, e-commerce, catering, accommodation, and exhibition.
For the purpose of these Measures, the term “single-use plastics” means the finished products provided by businesses in the commercial field to consumers in their business activities, which are made of plastics and are not for the purpose of reuse.
Article 3 The state promotes green growth, advocates a simple, moderate, green, low-carbon lifestyle, encourages the reduction of the use of single-use plastics, and scientifically and steadily promotes the application of alternative products, so as to guide the public in taking an active part in plastic pollution control.
Article 4 The state prohibits or restricts the use of single-use plastics such as non-degradable plastic bags according to the law, and the specific scope, implementation time, and geographical requirements of the prohibited or restricted use are regulated and adjusted according to the relevant provisions of the state (hereinafter referred to as the provisions of the state on the prohibited or restricted use). Businesses in the commercial field shall abide by the provisions of the state on the prohibited or restricted use, and those that fail to be included in the provisions of the state on the prohibited or restricted use may be used.
Article 5 Entities that open a retail establishment, e-commerce platform (including take-out platform) enterprises, and take-out enterprises among businesses in the commercial field shall report the use and recycling of single-use plastics to the competent department of commerce according to these Measures.
For the purpose of these Measures, the term “retail establishment" means all types of supermarkets, shopping malls, and market fairs that provide retail services to consumers. The term “entity that opens a retail establishment” means an enterprise legal person that provides business premises for the retail operators and signs associate or lease operation agreements with the retail operators in the establishment.
For the purpose of these Measures, the term "e-commerce platform enterprise” means an enterprise that provides online business premises, transaction matching, information release, and other services for both or multiple parties to independently conduct trading activities in the process of e-commerce.
For the purpose of these Measures, the term "take-out enterprise" means a retail or catering enterprise that provides take-out services.
Article 6 The Ministry of Commerce is charged with the supervision and administration of the implementation of the provisions of the state on the prohibited or restricted use and the reporting activities of single-use plastics in the nationwide commercial field.
The Development and Reform Commission and other relevant departments have established a working mechanism to guide and coordinate plastic pollution control.
The local competent department of commerce at or above the county level shall, according to its duties, supervise and administer the implementation of the provisions of the state on the prohibited or restricted use and the reporting activities of single-use plastics in the commercial field within its administrative region. If the local competent department of commerce at or above the county level is involved in the adjustment of the relevant commercial law enforcement duties set out in these Measures, the relevant commercial law enforcement duties shall be fulfilled by the department that performs relevant duties as determined by the people's government at the corresponding level.
The local development and reform departments at or above the county level, according to their duties, coordinate and guide plastic pollution control within their respective administrative regions.
Article 7 Trade associations related to single-use plastics shall formulate industry standards, provide consulting, training, and other services, and strengthen publicity and guidance and industry self-regulation.
Chapter II Rules for Businesses in the Commercial Field
Article 8 Businesses in the commercial field shall post, place, or set up slogans provided by the state in conspicuous positions on their business premises or websites, or link signs for the above-mentioned information, which shall b......