(Promulgated by Decree No.18 of Shanghai Municipal People's Government on January 26, 2025, and  effective as of March 1, 2025)

Article 1 (Purposes and Basis)

With a view to strengthening the prevention and control of air pollution from the catering industry in this Municipality, improving the quality of the atmospheric environment and protecting public health, these Measures are formulated in accordance with the Law of People's Republic of China on Prevention and Control of Air Pollution, Regulations of Shanghai Municipality on Prevention and Control of Air Pollution and other laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Measures shall apply to the prevention and control of air pollution from the catering industry and related supervision and administration activities within the administrative area of this Municipality.

Article 3 (Responsibilities of Government)

The municipal and district people's governments shall strengthen their leadership in the prevention and control of air pollution from the catering industry within their respective administrative areas, coordinate and resolve major matters, and supervise and urge relevant departments in fulfilling their supervisory and administrative responsibilities in accordance with the law.

The towns/townships people's governments and sub-district offices shall, in accordance with their respective functions and duties, carry out work related to the prevention and control of air pollution from the catering industry within their respective jurisdictions.

Article 4 (Responsibilities of Department)

The municipal ecology and environment department shall be responsible for the supervision and administration of air pollution prevention and control from the catering industry in this Municipality, and organize the implementation of these Measures. The district ecology and environment departments shall be specifically responsible for the supervision and administration of such activities within their respective administrative areas.

Such departments as market regulation, commerce, planning and natural resources, housing and urban-rural development, housing management, urban management and law enforcement shall cooperate in implementing these Measures in accordance with their respective functions and duties.

Article 5 (Responsibilities of Party)

Catering service operators (including canteens in centralized dining units, hereinafter the same) shall comply with the requirements of relevant laws, rules, regulations, standards and technical specifications for air pollution prevention and control, consciously fulfill their responsibilities to prevent and reduce the air pollution of catering services, and accept the supervision and administration from relevant authorities.

Article 6 (Source Administration)

The siting of catering service projects shall conform to national and municipal administrative requirements regarding planning, property and environmental protection.

It is prohibited to construct, alter or expand new catering service projects that produce oily fume, odor and exhaust gases in residential buildings, commercial and residential complex buildings that have not been equipped with a dedicated flue, and commercial floors in commercial and residential complexes that are adjacent to the residential floors.

Article 7 (Pollution Prevention and Control Guidelines)

The municipal ecology and environment department shall prepare and publish the air pollution prevention and control guidelines for catering service projects. These guidelines shall include the siting requirements, air pollution prevention and control measures, and relevant standards and technical specifications.

The district ecology and environment departments shall, in conjunction with the district market regulation authorities, commerce and other relevant departments, and towns/townships people's governments and sub-district offices, strengthen the publicity on air pollution prevention and control requirements for catering service projects, issue guidelines for air pollution prevention and control of catering service projects to catering service operators, owners of premises, and property service enterprises, and shall provide consulting services and guidance.

Catering service operators may consult the district ecology and environment departments on whether the catering service project complies with the siting requirements, and the district ecology and environment department shall respond promptly.

Article 8 (Reminding and Knowing)

When handling the registration of business entities and the food business license, the market regulation authorities shall clearly remind the applicant of the air pollution prevention and control regulations in applicable to the catering industry and the legal responsibilities for violations thereof.

Article 9 (Requirements for Oily Fume Emissions)

The oily fume emitted by catering service operators shall not exceed the oily fume emission standards of the State and this Municipality.

Catering service operators shall not use the following methods to emit oily fume:

1. irregular emission without passing through a designated flue or duct system; 

2. and emission through urban public rainwater or sewage pipelines.

Article 10 (Requirements for the Setting of Oily Fume Emission Outlet)

For new construction, alteration and expansion of catering service projects, the height, orientation and distance of oily fume emission outlets from environmentally sensitive buildings shall comply with relevant standards and technical specifications of the State and this Municipality.

The setting of sampling points at the oily fume emission outlets of catering service projects shall comply with the requirements of relevant standards of the State and this Municipality.

Article 11 (Facilities Installation Requirements)

For catering service projects that generate oily fume and odor, the catering service operators shall install fume purification and odor treatment facilities that are compatible with the scale of their operations and cooking processes in accordance with the requirements of the technical specifications for the control of oily fume pollution in the catering industry in this Municipality.

Article 12 (Requirements for Maintenance and Management of Oil Flue and Related Facilities)

Catering service operators shall strengthen the maintenance and management of oil flue to ensure that the flue is complete and airtight; they shall not block the flue or change the use of the flue.

Catering service operators shall ensure that the oily fume purification facilities, odor treatment facilities and their pipelines are complete and airtight, and shall ensure the facilities in normal operation.

Catering service operators shall, in accordance with the requirements of the technical specifications for the control of oily fume pollution from the catering industry in this Municipality, regularly clean and maintain oily fume purification facilities and odor treatment facilities and make full records; the cleaning and maintenance records shall be kept no less than one year.

Article 13 (Management Requirements for Shared Flues and Facilities)

Where two or more catering service projects share a flue, oily fume purification facilities and odor treatment facilities, the operate and management unit shall maintain and manage the shared flue, oily fume purification facilities and odor treatment facilities in accordance with the provisions, so as to ensure that the oily fume discharged does not exceed the oily fume emission standards of the State and this Municipality.

The operation and management unit may entrust the real-estate service enterprise to fulfill the maintenance and management responsibilities specified in the preceding paragraph.

Article 14 (Use of Clean Energy)

Catering service operators shall use or switch to clean energy such as electricity and natural gas in accordance with the provisions.

Article 15 (Comprehensive Supervision and Administration)

This Municipality shall promote the inclusion of air pollution prevention from the catering industry into the scope of integrated and comprehensive supervision of the catering industry, relying on the catering industry's digital integrated supervision and service platform, sharing information such as registration of catering service operators, business license, supervision and administration, and administrative law enforcement, so as to strengthen the coordinated law enforcement and integrated supervision.

Article 16 (Territorial Administration)

This Municipality shall incorporate improper siting of catering service projects and catering oily fume pollution into the scope of urban grid management system.

Towns/townships people's governments and sub-district offices shall strengthen daily inspections, and perform law enforcement functions and duties in accordance with the law enforcement matters determined by the Municipal People's Government for the problems found during inspections; problems that are not within the scope of its own law enforcement functions and duties shall be reported promptly to the district ecology and environment department and otherwise.

The district ecology and environment department and otherwise shall perform relevant law enforcement functions and duties to the towns/townships people's governments and sub-district offices, and provide professional technical training and guidance.

Article 17 (Industry Self-Discipline)

Catering service-related industry associations shall strengthen industry self-discipline, organize and guide their members to consciously fulfill their responsibilities of air pollution prevention and control, and promote advanced technologies and methods for the prevention and control of oily fume and odor pollution in the catering industry.

Article 18 (Complaints and Reports)

Units and individuals in violation of the provisions of the air pollution prevention and control from the catering industry have the right to complain and report to the ecology and environment department and other departments responsible for the supervision and administration of air pollution prevention and control from the catering industry. The department that receives the complaint or report shall timely verify and handle it in accordance with the provisions.

Article 19 (Handling of Violation of Relevant Prohibitive Provisions)

In violation of the provisions of Paragraph 2 of Article 6 of these Measures, where new construction, alteration and expansion of catering service projects generating oily fume, odor and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with a dedicated flue, or commercial floors adjacent to the residential floor in the commercial and residential complexes shall be dealt with by the municipal or district ecological and environment departments in accordance with the relevant provisions of the Law of the People's Republic of China on Prevention and Control of Air Pollution.

Article 20 (Handling of Violation of Sampling Point Setting and Flue Administrative Requirements)

In violation of the provisions of Paragraph 2 of Article 10 and Paragraph 1 of Article 12 of these Measures, where the setting of the sampling point of the oily fume outlet does not meet the requirements, or where the flue is blocked or the use of the flue is changed, the municipal or district ecology and environment department shall order it to make corrections. Refusal to comply shall be fined from not less than 5,000 yuan but not more than 50,000 yuan.

Article 21 (Handling of Violation of Maintenance and Management Requirements of Shared Flues and Related Facilities)

If, in violation of the provisions of Paragraph 1 of Article 13 of these Measures, an operation and  management unit fails to maintain and manage the shared flue and related facilities in accordance with the provisions, resulting in the emission of oily fume exceeding the oily fume emission standards of the State and this Municipality, the municipal or district ecology and environment department shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 22 (Administrative Responsibility)

If departments responsible for the supervision and administration of air pollution prevention and control from the catering industry, such as the ecology and environment department, and their staff members abuse their power, neglect their duties, or engage in malpractice for personal gain, disciplinary sanctions shall be given to the directly responsible person in charge and other directly responsible personnel.

Article 23 (Effective Date)

These Measures shall be effective as of March 1, 2025. The Administrative Measures of Shanghai Municipality for Prevention and Control of Environmental Pollution from the Catering Industry promulgated by Decree No. 10 of Shanghai Municipal People's Government on October 15, 2003 shall be repealed simultaneously.