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Excessive packaging of products and legal countermeasures (3)

nowadays, most developed countries in the world restrict excessive packaging through legislation. For example, due to the deterioration of environmental resources and the global wave of "green packaging", European governments have formulated packaging laws. Germany, which first advocated the recycling of packaging materials, formulated the "circular economy law" and "packaging regulations". Denmark took the lead in implementing the "green tax" system, the "packaging covenant" of the Netherlands, the "packaging regulations" of France and the "national ecological law" of Belgium. Many countries require manufacturers, importers and retailers to take responsibility for recycling and remanufacturing packaging materials. There are three kinds of legal measures to control excessive packaging in foreign countries: first, standard control. That is, set limit standards for the volume of packages, the gap between packages and commodities, the number of packaging layers, and the ratio of packaging cost to commodity value, such as South Korea, Japan, Canada and other countries. Second, economic means control. For example, the packaging tax is levied on non paper packaging and packaging that cannot meet the recycling requirements, such as Belgium. In addition, through waste measurement and charging, guide consumers to choose simple packaging, such as the Netherlands. Third, increase producers. It is stipulated that commodity producers should be responsible for recycling commodity packaging. Our current research and development is not in place. We can usually entrust relevant commercial institutions to recycle packaging by means of deposit system. In order to facilitate recycling, manufacturers will take the initiative to choose packaging designs that use less materials and are easy to recycle, such as Germany, France and other countries

over packaging of goods is an illegal act in Korea. In order to implement the restrictions on the packaging ratio and layers of goods, the Korean government should inspect the packaging of goods, reward streamlined packaging, and impose a fine on over packaged goods. However, China's packaging industry has no provisions in this regard, which has contributed to the unhealthy trend of excessive packaging to a certain extent. In order to regulate and restrict the quality, material and volume of commodity packaging, based on China's actual national conditions and combined with the successful practical experience of foreign developed countries, China should restructure and improve the legal system of restricting excessive packaging as soon as possible

first of all, China can consider formulating a packaging law to solve the problems in product packaging. The packaging law should mainly stipulate "green packaging" and the recycling of packaging materials. In the packaging law, we should first clearly define the purpose of restricting excessive packaging, such as to protect consumers' rights and interests, protect ecological environment resources, reduce garbage, etc. The packaging law should make scientific provisions on the scientific design, test verification and standardized packaging of product packaging, and advocate 4 Working dimension: diameter 160mm × 44mm "green packaging" and recycling of packaging materials. Specifically define the circumstances under which it is over packaging and the circumstances under which it can be regarded as over packaging. For example, to limit the proportion and layers of commodity packaging in the whole commodity, the packaging volume can be controlled within 10% ~ l5% of the commodity volume (except for buffer packaging); To limit the cost of commodity packaging in the whole commodity, the packaging cost can be controlled within 15% ~ 20%. The packaging law must define the legal nature of excessive packaging of products. It should learn from the provisions of Germany, Japan and other countries, define excessive packaging as a fraud, and follow the provisions of Article 49 of the law on the protection of consumers' rights and interests, giving consumers who are cheated the right to claim double punitive damages. In order to better use economic means to limit excessive packaging of products, we can also use tax leverage. In the packaging law, specific provisions should be made for such taxes, and a certain proportion of the packaging fee exceeding the specified commodity value (for example, the packaging fee accounts for 15% ~ 20% of the commodity value) should be taken as the tax threshold. In a certain sense, such taxes can be regarded as one of the forms borne by the violators of excessive packaging of products. At the same time, in view of the indivisibility of packaging and products, the product quality supervision and management department shall carry out specific supervision and inspection, and supervise the packaging of products by means of post filing and random inspection at any time

in view of the abundant resources contained in packaging waste, provisions should also be made for the recycling of packaging waste, such as the implementation of the separate packaging and collection plan for household waste nationwide. At the same time, in order to promote the production enterprises to simplify the packaging, it is necessary to strengthen the enterprise's society and morality. It is suggested that the product manufacturers should be given the right to recycle and recycle the packaging materials in the packaging law. Only in this way can the product manufacturers stimulate the internal motivation to simplify the packaging. In the specific operation, it can be stipulated that the manufacturer shall set up a package recycling point, and consumers shall deliver certain packages in advance when shopping. Deposit, etc. At present, developed countries such as Europe, the United States and Japan have issued decrees requiring product manufacturers, importers and retailers to undertake packaging recycling and remanufacture. In order to comply with the EU product packaging and waste management regulations that came into effect on July 1st, 1997, the Netherlands has mandated that the weight of product packaging materials must be reduced by 10% by 2000 compared with 1996. German regulations stipulate that consumers can leave packaging materials that are considered useless in the store. The store has recycled these packaging materials. Of course, the work of disposing of these packaging materials ultimately falls on the manufacturer. These troubles force the manufacturer to reduce the consumption of packaging materials. The environmental protection department of the UK has issued regulations on packaging waste, requiring domestic packers, sellers and raw material manufacturers to be obliged to dispose of a certain proportion of packaging waste. Those exceeding a certain volume of packaging waste should not only be disposed of properly, but also further put forward a detailed disposal plan to the environmental protection department

secondly, the state should promulgate the circular society promotion law as soon as possible. Limiting the excessive packaging of products is far from a single packaging law that can solve all the problems. Only by cooperating with the circular economy and social promotion law, can we limit the excessive packaging of products and comprehensively promote the conservation of China's resource utilization. According to the environmental economy. The principle of science is to promote circular economy by increasing the recycling of resources. We can not fundamentally reduce the large amount of garbage, environmental pollution and energy consumption, but reduce the input of resources from the source is the solution to the symptoms. Therefore, the real solution to the problem of over packaging of products cannot be entirely based on the recycling of packaging materials after consumption. Simplifying the packaging of products is the most economical, economical and fundamental approach. The recycling of packaging materials given to enterprise manufacturers not only limits the excessive packaging of products from the "end", but also is a step to promote a circular society. In practice, Germany promulgated and implemented the circular economy and waste management law in 1986), which stipulates that the priority of waste is to avoid generation - recycling - final disposal. In the following years, a series of legislative measures including the packaging regulations, the regulations on the restriction of waste vehicles and the circular economy law were formulated to promote the development of circular economy and adopt the dual system model and the effective utilization of sources. The government should also strictly implement various environmental management measures, establish a dual track recycling system, and set up a special organization to collect and recycle packaging waste by classification, effectively protect raw material resources, and transform the whole consumption and production into a unified circular economy system. The EU Directive requires Member States to establish corresponding packaging management systems according to their own specific conditions in order to improve the recycling and reuse rate of packaging products. The EU stipulates that the recycling rate of packaging waste in Member States should reach at least 50% by 2001 and at least 60% by the end of 2008; The reuse rate of packaging products will reach at least 25% before 2001, and will increase to at least 55% by the end of 2008. The EU also puts forward different requirements for the recycling rate of different packaging materials. Japan convened an "Environmental Protection Congress" in 2000, which passed and revised a number of environmental protection laws and regulations, such as the basic law on promoting the formation of a circular economy society, the law on promoting the effective use of resources, and the law on promoting the recycling and utilization of food resources. These laws and regulations have correspondingly restricted the excessive packaging of products by production enterprises. At present, The first circular economy regulation in China—— (the regulations of Guiyang on building a circular economy ecological city has just been officially promulgated. The promulgation and implementation of this regulation will help regulate the behavior of the government, enterprises and the public in promoting circular economy, and provide legal guarantee for the construction of a circular economy Ecological City, including restricting excessive packaging of products. Recently, the national development and Reform Commission is working with relevant departments to draft guidance on accelerating the development of circular economy (Draft for comments) 》At the national circular economy work conference, Ma Kai, director of the national development and Reform Commission, stressed that we should encourage the use of green products, such as energy efficiency labeling products, energy-saving and water-saving certification products, resist excessive packaging and other waste behaviors, and vigorously promote green consumption

finally, improve the legal system of environmental resources protection. Under the strategy of sustainable development, any legislation should consider the coordination between economic development and ecological protection. We can regulate the excessive packaging of products by improving the existing legal system of environmental resources. Improve the environmental standards in the existing environmental legal system, including product packaging. Such environmental standards should exclude product packaging that is contrary to the concept of environmental protection, and control the generation of packaging pollutants from the source based on the principle of "prevention first". We will improve the existing legal system of environmental taxation and give full play to the leverage of taxation. Environmental service tax, garbage tax and other taxes can be levied within the existing tax system, including the product packaging waste. On the one hand, the cross-linking effect can be generated without the use of catalyst, and market economic means can be used to ensure the appropriate packaging of products. On the other hand, it can also raise funds for the treatment of packaging waste. The improvement of pollution discharge charge production in the existing environmental resources legal system is based on the special high-quality requirements of low-grade packaging materials for drugs corresponding to GMP. At present, China only stipulates the sewage charges for polluted water, waste gas, waste residue, noise and radioactivity. After the evaluation of environmental economic value, the pollution discharge fee should also be levied on the packaging waste according to the reasonable charging standard, which also stimulates the enterprises of independent economic entities seeking to maximize profits to improve production technology and afforest the packaging of products. Improve the economic incentive policies for environmental protection, encourage the environmental capital to actively rectify the packaging pollutants within the jurisdiction, and strengthen the guidance of environmental protection measures. For example, some enterprises that actively improve the utilization rate of resources, use machines and equipment that save energy and reduce waste, and innovate and invent technology research can be allowed to apply for tax relief

3 conclusion

as people's consumption demand continues to move from low-level to high-level, consumers' awareness of green environmental protection and energy conservation is becoming stronger and stronger. There is a basis for consumers' recognition of simplified and green product packaging. Some consumer groups have proposed that "excessive packaging is also a kind of fraud". Green packaging products bring confidence and beauty to people. Paying attention to the environmental protection design of products and spreading the environmental protection information of the enterprise to the public can establish a healthy brand image, highlight the sense of the enterprise to the society or the community around the enterprise, and win the trust of consumers. With the development of social economy and the improvement of the overall consumption capacity of the society, the price will no longer be the choice of consumers

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