Food

The Food Waste Law in China

This site mentions the Clean Plate Campaign once, as a cultural push with genuine traction. It has been a statute since April 2021, and the statute is more interesting than the campaign — because its penalties point at the restaurant rather than at the diner, while the same article hands that restaurant a power to bill you. One provision went further than any of it and made a category of video illegal.

Instrument
Anti-Food Waste Law
In force
29 April 2021, on publication
The sign
Compulsory, in a prominent place
Pushing you to over-order
Fine on the restaurant
Binge-eating video
Fine up to 100,000 yuan

The page on leaving food on your plate describes the Clean Plate Campaign as a decade-long push with cultural traction, which is true. What it does not say is that the campaign acquired a statute, and that the statute changes what the restaurant around you is required to do.

One law, in force the day it was published#

The instrument is the 中华人民共和国反食品浪费法 (Zhōnghuá Rénmín Gònghéguó fǎn shípǐn làngfèi fǎ, Anti-Food Waste Law of the People's Republic of China), passed by the Standing Committee of the National People's Congress on 29 April 2021 and in force from the day of publication — the same day it was passed.

It begins by defining what it is against, which is narrower than "throwing food away":

本法所称食品浪费,是指对可安全食用或者饮用的食品未能按照其功能目的合理利用,包括废弃、因不合理利用导致食品数量减少或者质量下降等。

Food waste means failing to use, according to its purpose and reasonably, food that is safe to eat or drink — including discarding it, and including a loss of quantity or quality caused by using it unreasonably. Food that was never safe to eat is a different problem under a different law.

Article 7 is the one you will sit inside#

The small-portion duty is worth pausing on, because this site has already met the same idea in another instrument. The yum cha page quotes Article 13 of the catering measures on small portions, multiple sizes and marking the suggested number of diners on the menu. That is the ministry's version; this is the legislature's. When you see a Chinese menu with a portion weight and a "serves 2–3" against a dish, you are looking at a drafting idea that exists at two levels of the system at once.

The clause that can cost you money#

The article does not stop at duties. It also gives the caterer two discretions, and the second is the one visitors never expect:

餐饮服务经营者可以对参与"光盘行动"的消费者给予奖励

也可以对造成明显浪费的消费者收取处理厨余垃圾的相应费用

A caterer may reward customers who take part in the "clean plate action" — and may charge a customer who causes obvious waste the corresponding cost of dealing with the kitchen waste.

Both are 可以, may: a power, not a duty. Most restaurants use neither. The 厨余垃圾 the second one refers to is a defined waste category with a bin of its own — the third of the four a Chinese sorting station separates. But a buffet that tells you at the door what happens if you leave a loaded plate is not improvising a house rule; it is exercising a discretion the statute names.

The penalties point the other way#

The provision that surprised everyone#

Article 30 reaches out of the dining room entirely:

违反本法规定,广播电台、电视台、网络音视频服务提供者制作、发布、传播宣扬量大多吃、暴饮暴食等浪费食品的节目或者音视频信息的,由广播电视、网信等部门按照各自职责责令改正,给予警告;拒不改正或者情节严重的,处一万元以上十万元以下罚款。

Radio stations, television stations and online audio-video service providers that make, publish or spread programmes or audio-video content promoting eating huge quantities, binge-eating and similar food waste are ordered to correct and warned; on refusal to correct or in serious cases, a fine of 10,000 to 100,000 yuan.

That is the competitive-eating video genre, addressed by name in a national statute. It is also a useful reminder of the register the law is written in: this is not a nudge document.

What the departments added#

Implementation was fleshed out by a joint 公告 — Announcement No. 20 of 2021, dated 11 June 2021 and issued by five bodies: the State Council Food Safety Office, the Ministry of Education, the Ministry of Commerce, the State Administration for Market Regulation and the Government Offices Administration.

Its requirements on caterersIn short
将反对食品浪费纳入从业人员培训内容Waste in the staff training
合理确定数量、分量,提供小份餐等不同规格选择Portions and small dishes
提供公勺公筷,做好打包服务Serving spoons, and boxing up
主动对消费者进行防止餐饮浪费提醒Remind the customer

The third row matters at a table. 提供公勺公筷 — serving spoons and communal chopsticks — and 做好打包服务, doing the boxing-up properly, are named as things a caterer is to provide. Asking to 打包 (dǎ bāo) is already normal; what this adds is that the restaurant is expected to be set up for it.

The announcement also tells delivery platforms to prompt customers, 以显著方式, in a conspicuous manner, to order a sensible amount and consume rationally — so a prompt of that kind on a Chinese ordering app is a required feature rather than a design choice.

In practice#

  • Look for the notice. An anti-food-waste sign in a prominent position is a legal requirement, not decoration, and its absence is a compliance gap you can see.
  • Ask for the small portion. 小份 (xiǎo fèn) is a size the law tells the caterer to offer, so asking for it is asking for something that should exist.
  • Use the suggested headcount on the menu. Where a dish carries a portion weight or a "serves 2–3", that line is there because two instruments encourage it.
  • At a buffet, listen to the briefing. Buffets are singled out: the rules and the waste requirements are to be told to you up front, which is the moment any charge for waste would be disclosed.
  • Being pushed to order more is the restaurant's risk, not yours. Inducing over-ordering is the conduct the fine attaches to.
  • Box up what is left. Taking leftovers home carries no stigma, and the boxing service is something the departments expect the caterer to run properly.
  • Hong Kong and Macau legislate this separately, so neither the law nor the announcement describes a meal eaten there.

Checked for newer, and what I could not read#

Article 7 was read on a Wuxi municipal body's publication of the law and cross-checked character for character against a prefectural development and reform commission's copy in Shannan. The two agree exactly on all five sub-items and on the closing prohibition. The fine ranges in the penalty articles — 1,000 to 10,000 yuan, and 10,000 to 100,000 yuan — agree on both copies as well.

Two passages rest on one host. The discretionary reward and the kitchen-waste charge were read on the Wuxi copy only; the Shannan copy's retrieval stopped at the closing prohibition. And Article 30 was quoted in full from the Wuxi copy, with only its fine range confirmed on the second.

The joint announcement was read on the State Council's policy database. Seven other government copies of the law were tried and none opened: a provincial market regulator (503, then an unknown status on a second attempt), a district government, a municipal environmental bureau, two provincial bureaux, a provincial market regulator in the south-west, and a municipal people's congress page carrying Beijing's own local rules. That is why the cross-check rests on the two copies named above.

Two things this page does not attempt. It gives no account of how often the charge or the fines are actually applied, because that is a question about enforcement rather than about a text. And it does not describe Beijing's separate municipal rules on food waste, because the page carrying them would not open.

Frequently asked questions#

Is it illegal to waste food in China?#

Not for the diner. The Anti-Food Waste Law, in force since 29 April 2021, places duties and penalties on caterers and on media, not on customers. The one customer-facing consequence is that a caterer may charge for the cost of handling kitchen waste where a customer causes obvious waste — a commercial charge rather than a fine.

Can a Chinese restaurant charge you for leftovers?#

It may. Article 7 gives caterers a discretion to charge a customer who causes obvious waste the corresponding cost of dealing with the kitchen waste, and a matching discretion to reward customers who clean their plates. Both are powers rather than duties, and most restaurants use neither.

What is the Clean Plate Campaign?#

A long-running public campaign against food waste that acquired legal backing in 2021. The Anti-Food Waste Law names the "clean plate action" expressly, as something a caterer may reward, and turns much of the campaign's message into duties on restaurants.

Are mukbang videos banned in China?#

Content promoting eating huge quantities or binge-eating is addressed directly by Article 30 of the law. Broadcasters and online audio-video services that make, publish or spread it are ordered to correct and warned, with a fine of 10,000 to 100,000 yuan for refusing to correct or in serious cases.

Do Chinese restaurants have to offer small portions?#

The law tells caterers to determine quantity and portion size reasonably and to offer small-portion dishes among different sizes. It is drafted as a duty on the caterer rather than as a right you can enforce, but it means asking for 小份 is asking for something the rules expect to be there.

Does the food waste law apply to buffets?#

Yes, and buffets get their own sub-item. A caterer providing self-service must tell customers the rules and the anti-waste requirements up front, provide crockery in different sizes, and remind customers to take a sensible amount.