On December 6, 2019, in order to establish and improve the agricultural film management system, in accordance with the relevant provisions of the "Soil Pollution Control Law of the People's Republic of China", the Ministry of Agriculture and Rural Affairs drafted the "Administrative Measures for Agricultural Films (Trial) (Draft for Comment)" The society solicits opinions publicly.

Notice of the Ministry of Agriculture and Rural Affairs on December 6, 2019, on the "Administrative Measures for Agricultural Films (Trial) (Draft for Comment)"

On December 6, 2019, the Ministry of Agriculture and Rural Affairs' Explanation on "Administrative Measures for Agricultural Films (Trial) (Draft for Comment)"

Agricultural Film Management Measures (Trial)

(Consultation Draft)

Chapter I General Provisions

Article 1 In order to prevent and control agricultural film pollution, strengthen the supervision and management of agricultural films, protect and improve the agricultural ecological environment, these Measures are formulated in accordance with laws and administrative regulations such as the Law of the People's Republic of China on Soil Pollution Control.

Article 2 The "agricultural film" mentioned in these Measures refers to the floor covering film and shed film used in agricultural production.

Article 3 These Measures shall apply to the production, sale, use, recycling, reuse, and supervision of agricultural films.

Article 4 Local people's governments at various levels shall be responsible for the prevention and control of agricultural film pollution in their respective administrative areas according to law, and organize, coordinate and urge relevant departments to perform their duties of supervision and management of agricultural film pollution prevention and control in accordance with law.

Article 5 The competent agricultural and rural departments of the people's governments at or above the county level shall be responsible for the supervision and management of the use and recycling of agricultural films, and guide the construction of the agricultural film recycling system.

The industrial and information technology departments of the people's governments at or above the county level are responsible for the guidance of agricultural film production.

The market supervision and management department of the people's government at or above the county level is responsible for the quality supervision and management of agricultural film products.

The competent department of ecological environment of the people's governments at or above the county level is responsible for the supervision and management of environmental pollution prevention and control during the process of agricultural film recycling and reuse.

The local government is the responsible body, but did not specify which department was responsible for the final recovery rate. Those responsible for production according to standards, those responsible for quality supervision, and those responsible for environmental protection, but no organization is responsible for the recovery rate.

The competent agricultural and rural departments of the people's governments at or above the county level are responsible for the management of agricultural film use and recycling, and guide the construction of the agricultural film recycling system. However, it is not responsible for "whether recycling" and "recycling situation".

Article 6 It is forbidden to produce, sell, or use agricultural films that are prohibited by state regulations or do not meet national mandatory standards. Encourage and support the production and use of fully biodegradable agricultural films.

Chapter II Production, Sales and Use

Article 7 The producers of agricultural films shall implement the state's requirements for agricultural film industry specifications, implement relevant standards for agricultural films, and ensure product quality.

Article 8 Producers of agricultural films shall add an identifiable enterprise logo on each roll of film and on each of the shed film to facilitate product traceability and market supervision.

It can determine who produced the agricultural film is rotten in the ground, an innovative move!

Article 9 Producers of agricultural films shall establish an agricultural film factory sales record system in accordance with the law, which shall accurately record the names, specifications, quantities, production dates and batch numbers of agricultural films, product quality inspection information, purchaser names and their contact information, and sales dates content. The factory sales records of agricultural films shall be kept for two years.

The ledger determines the flow direction and user.

Article 10 Agricultural film products sold out of the factory shall be accompanied by a product quality inspection certificate in accordance with the law, indicating the recommended use time and other contents.

The agricultural film shall be marked with the Chinese characters such as "Please recycle after use to reduce environmental pollution" at the obvious position of the certificate of conformity. The full biodegradable agricultural film shall be marked with the Chinese characters of "full biodegradable film, pay attention to the conditions of use" at the obvious position of the certificate of conformity.

Remind consumers with education, and start from the beginning.

Article 11 Sellers of agricultural films shall inspect the packaging, labeling, and quality inspection certificates of agricultural film products in accordance with law. They shall not purchase or sell agricultural films that do not meet national mandatory standards, and shall not sell non-agricultural films to users of agricultural films.

Sellers of agricultural films shall establish a sales ledger according to law, and truthfully record the names, specifications, quantities, producers, production dates and names of suppliers, their contact information, and purchase dates of agricultural film sales. The sales ledger should be kept for two years.

Article 12 Users of agricultural films shall use agricultural films within the time limit indicated on the product label. Users of agricultural production enterprises, farmers' professional cooperatives, etc. shall establish agricultural film use records in accordance with law, and truthfully record the use time, place, object, and name, amount, producer, and seller of agricultural films. Records of agricultural film use shall be kept for two years.

Consumers also have to set up a ledger and can no longer just use it without recycling.

Article 13 The agricultural and rural competent departments of the people's governments at or above the county level shall take measures to strengthen the control of agricultural film use, carry out evaluation of the suitability of agricultural film, provide technical guidance and services for agricultural film users, and encourage alternative technologies and products for agricultural film cover Research and development, demonstration and promotion to improve the scientific use of agricultural films.

Chapter III Recycling and Reuse

Article 14 The principle of government support and multi-party participation is implemented in the recovery of agricultural films, and local governments must take measures to encourage and support units and individuals to recycle agricultural films.

Article 15 Users of agricultural film shall pick up non-total biodegradable agricultural film waste in the field before the expiry of the use period, and deliver it to the recycling outlets or recycling workers.

Article 16 Agricultural film producers, sellers, recycling outlets, waste agricultural film recycling companies or other organizations shall cooperate to adopt various methods to establish and improve the agricultural film recycling system and promote the recovery and treatment of used agricultural films. And reuse.

Everyone is responsible, but no one is responsible. All links in the industry chain are involved, but the ultimate responsible person has not been determined!

Article 17 Agricultural film recycling outlets and recycling and reuse enterprises shall establish a recycling account in accordance with the law, and truthfully record the weight, volume, impurities, name of the person who provided the film, its contact information, and recovery time. The recovery ledger should be kept for two years.

Recycling also needs to establish a ledger to achieve a closed loop at the ledger level.

Article 18 R & D and promotion of agricultural film recycling technology and machinery are encouraged, and waste agricultural film reuse is carried out.

Article 19 Enterprises supporting the reuse of waste agricultural films in accordance with regulations shall enjoy preferential policies such as land use, electricity, water, credit and taxation, and support social service organizations and enterprises engaged in the reuse of waste agricultural films. Local governments have established incentive policies for agricultural film recycling.

The terms to support recycling companies are already clear. However, whether it can be implemented depends on the actual situation in various places, and the tax incentives should be more clear.

Article 20 An agricultural film recycling and reuse enterprise shall do a good job in environmental protection of the recycling and reuse plant area and the surrounding environment in accordance with the law to avoid secondary pollution.

Chapter IV Supervision and Inspection

Article 21 To establish a monitoring system for agricultural thin film residues, the agricultural and rural departments of local people's governments at or above the county level shall regularly carry out monitoring of agricultural thin film residues in their administrative areas.

Article 22 To establish an agricultural film market supervision system, the market supervision and management department of the people's government at or above the county level shall regularly carry out agricultural film market supervision and inspection in its administrative region.

Article 23 If the production and sales of agricultural films do not meet the compulsory standards, they shall be investigated and punished in accordance with the provisions of laws and administrative regulations such as the “Product Quality Law of the People ’s Republic of China”, recorded in credit records, and published in accordance with relevant regulations.

Agricultural films purchased by government bidding shall meet the national mandatory standards, and untrustworthy enterprises shall be restricted from participating in government bidding and procurement according to law.

Article 24. Producers, sellers and users of agricultural films who fail to recycle agricultural films in accordance with these Measures shall be punished in accordance with Article 88 of the Soil Pollution Control Law of the People's Republic of China.

Article 88 of the Soil Pollution Control Law of the People's Republic of China provides for punishment:

Article 88 In violation of the provisions of this Law, agricultural input product producers, sellers, and users did not promptly recycle packaging waste or agricultural films of agricultural inputs such as fertilizers or agricultural films, or failed to promptly recycle pesticide packaging waste in accordance with regulations. If a specialized agency or organization performs innocuous treatment, the local people's government's agricultural and rural administrative department shall order correction and impose a fine of 10,000 to 100,000 yuan; if the user of the agricultural input is an individual, he may be fined 200 Fines above 2,000 yuan.

The administrative costs are very high and this is an issue worthy of attention.

Chapter V Supplementary Provisions

Article 25 These Measures shall be implemented as of March 2020

Understanding of the Source

This is a huge progress in the recovery of agricultural films, but there is no target for the recovery rate, and the specific responsibility for the final recycling and regeneration is not determined, and it may be difficult to complete the difficult responsibility of recovering agricultural films.

In addition, the recovery and regeneration of greenhouse film is easy to implement, but there is currently no method for recovery and regeneration of mulch film, which is relatively difficult.

suggestions below:

1

Establish a registration system for agricultural film, identify the producer from the source, and do not allow sales without registration.

2

At present, the price of plastic raw materials is low, and it is possible to increase the recycling tax of 1,000 yuan / ton to enterprises producing plastic raw materials for agricultural films, which can be used as subsidies for agricultural film recycling. Producers of plastic raw materials should also take responsibility. If 2 million tons of plastic raw materials are consumed, they should have 2 billion yuan of funds and continue to invest in the field of recycling.

3

Set a recovery target of 100% recovery rate. Without such a target, the residual film in the farmland will always improve.

4

Establish the agricultural film production enterprise as the ultimate responsible person of recycling, cooperate with all links, the state estimates the recycling cost and gives subsidies.

5

Registration system for agricultural film recycling and regenerators, and the implementation of a franchised system for collective recovery of shed film and mulch film, to subsidize regenerators and conduct social supervision.

6

Implement tax support policies for recyclers. Without this policy, the price of plastic raw materials is at the level of 6500-7500, and no enterprise is willing to recycle agricultural films.

7

The government should require agricultural film production enterprises to use a certain percentage of recycled materials when producing mulch film. In this way, the use of recycled materials is clearly specified, otherwise it is difficult for the recycling industry to form a normal mechanism operation.

8

The competent agricultural department shall construct an electronic supervision system, and require all records to be electronicized for supervision to be based on evidence.

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