Food: China Newly Released Anti-Food Waste Law

Food: China Newly Released Anti-Food Waste Law

I. Food: China Newly Released Anti-Food Waste Law

On April 29, 2021, China passed Anti-Food Waste Law (the “Law”) which aims to curb the food waste in Chinese society nowadays and to guarantee the national food security.1

The Law mainly sets up the obligations for various subjects including government bodies at all levels, schools, catering service operators, food business operators, food and beverage delivery platforms, press agencies, travel operators, and employers equipped with canteen, etc; further, the Law accordingly provides the penalties for some violations.

PRC companies (including foreign invested entities), in and outside the food industry, are advised to check any potential compliance obligations under this new regime.

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II. FDI: FTZs’ Relaxed Process for Certain Administrative Approval

On April 29, 2021, Standing Committee of NPC made a decision which authorizes the State Council to temporally modify some laws in Free Trade Zones (the “FTZs”) according to actual needs6 (the “Decision”).7 The Decision aims to optimize business environment and will take effect on July 1, 2021. The temporary modification period is 3 years.

Key Takeaways:

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1. The law enters into force with immediate effect on April 29, 2021.

2. Article 28 of the Law

3. Article 28 of the Law

4. Article 28 of the Law

5. Article 28 of the Law

6. A Free Trade Zone is an economic zone where companies can enjoy offered advantages on tax, services and infrastructure to promote import, export and trade business. As of May 2021, there are 21 Free Trade Zones (FTZs) in China: Shanghai FTZ (2013), Fujian FTZ (2015), Guangdong FTZ (2015), Tianjin FTZ (2015), Chongqing FTZ (2016), Henan FTZ (2016), Hubei FTZ (2016), Liaoning FTZ (2016), Shanxi FTZ (2016), Sichuan FTZ (2016), Zhejiang FTZ (2016), Hainan FTZ (2018), Shandong FTZ (2019), Guangxi FTZ (2019), Jiangsu FTZ (2019), Hebei FTZ (2019), Yunnan FTZ (2019), Heilongjiang FTZ(2019), Hunan FTZ (2020), Beijing FTZ (2020), Anhui FTZ (2020).

7. The laws that may be modified include: 1) PRC Promotion of Privately Run Schools Law; 2) PRC Accounting Law; 3) PRC Certified Public Accountant Law; 4) PRC Auction Law; 5) PRC Banking Supervision and Administration Law; 6) PRC Commercial Bank Law; 7) PRC Insurance Law

8. Article 12, 13, 14, 15 of PRC Promotion of Privately Run Schools Law

9. Article 1, 2, 3 of Modified Catalogue

10. Article 12, 13, 14, 15 of PRC Promotion of Privately Run Schools Law

11. Article 12, 53, 54, 55, 56, 62 of PRC Promotion of Privately Run Schools Law

12. Article 4 of Modified Catalogue

13. Article 36 of PRC Accounting Law

14. Article 5 of Modified Catalogue

15. Article 27 of PRC Certified Public Accountant Law

16. Article 6 of Modified Catalogue

17. Article 19, 24, 74 of PRC Commercial Bank Law

18. Article 9, 11 of Modified Catalogue

19. Article 24, 74 of PRC Commercial Bank Law

20. Article 74, 84, 162, 164 of PRC Insurance Law

21. Article 12, 13 of Modified Catalogue

22. Article 24, 74 of PRC Commercial Bank Law


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