With the development of green packaging, many developed countries have adopted a series of environmental regulations and trade rules on the grounds of international environmental protection conventions and environmental protection clauses, and have gradually become the main trade restrictions adopted by some countries in the name of protecting the environment. Green packaging has become a "green barrier" for developed countries to hinder the access of developing countries to their markets, and some of them have had a serious impact on China's foreign trade development.

How to make the country's packaging industry develop rapidly, make environmental resources fully protected, and get out of a new path of coordinated development of both, is a major issue for the packaging industry to achieve sustainable development strategy. The essence of this is to vigorously develop “green packaging” adapted to environmental protection, establish a green packaging development system and a legal regulation system. This is the best way and the best choice for the coordinated development of the packaging industry and environmental protection.

From the point of view of international trade and economic integration, the packaging industry is a transnational, trans-regional and cross-sectoral industry, characterized by scattered in various fields and industries. The green packaging legal system, whether it is for domestic product packaging or imported product packaging, should implement the same standards, but the specific actions will be different. The main purpose of establishing the legal regulation and control system for China's green packaging is to develop China's green packaging, and at the same time serve the purpose of protecting the ecological environment, trade interests, and foreign trade development.

The main packaging waste content of municipal solid waste in some countries in the world

Projects USA United Kingdom France Germany Netherlands Switzerland Switzerland China Plastics content (%) 5 2.5 4 3 4 3 3
Paper content (%) 40 38 34 28 25 45 10
Metal content (%) 9 9 8 7 3 5 1.2
Glass content (%) 9 9 8 9 10 5 1.4
Other content (%) 37 41.5 46 53 58 42 84.4

The establishment of a green packaging legal regulation system should be based on the laws and regulations of China and regulate the behaviors of packaging producers, commodity producers, sellers and consumers, and clarify the status, responsibilities and obligations in the respective systems. The classification, collection and disposal of packaging wastes are managed. In addition, it also needs resources and technical input, development of green packaging materials, design and manufacture of green packaging, and reasonable handling of packaging waste. Establishing a green packaging legal system is a project. The following are the points of consideration for its framework:

1. Green Packaging Legal System Operation Mechanism

· The environmental protection department, the department in charge of the packaging industry and the materials department should perform their duties in accordance with the relevant national policies and laws and regulations, perform their duties and cooperate with each other, and do a good job in the development of China's green packaging and packaging waste disposal.

· Commodity producers have responsibilities and obligations in packaging waste disposal. According to the polluter payment principle, both domestic and foreign commodity producers should bear the cost of packaging waste disposal.

· Commodity producers apply to the environmental protection department for a green packaging mark. The environmental protection department collects different fees according to the results of the green evaluation of packaging by the competent department of the packaging industry. The commodity producer pays for the packaging waste by actually paying the fee for the use of the green packaging label, since the cost will be used for the production of the goods. Those included in the product cost are the internalization of environmental costs.

· The packaging that has obtained the green packaging mark will be put into a unified packaging waste recycling system for disposal.

· Laws and regulations clearly stipulate the responsibilities and obligations of sellers and consumers in the recycling of packaging waste: Commodity producers and sellers are obliged to collect used transportation cake graves, and sellers are obliged to collect free consumption at or near the sales outlets. The sales package used by the consumer is obliged by the consumer to sort the spent cake waste into the designated location.

· Producers, sellers and consumers should classify used transport packages and sales packages for storage in the materials department.

· The packing and recycling system for packing waste of the material department shall provide classified waste container transportation equipment, etc., and transport the classified packaging waste to the packaging waste disposal system for separate treatment, reuse and reuse, and transport it to various recycling factories. For example, plastic recycling plants, aluminum recycling plants, glass factories, and paper mills can reuse and recycle public waste that cannot be reused or recycled, and incinerate it to use the heat energy generated by it or landfill.

2. Improve the legal system of green packaging

Although China does not have a green packaging law, it does not mean that there are no laws and regulations that regulate green packaging. As the environmental pollution caused by packaging is a part of environmental issues, green packaging is an important aspect of protecting natural resources and preventing environmental pollution. Therefore, it should be regulated by the Environmental Protection Law. The “Environmental Protection Law” defines the principle of harmonization of environmental protection with economic and social development; the principle of prevention, prevention and control, and comprehensive governance; polluter pays, user compensation, developer protection, the principle of destroyer recovery, and The principle of the masses to protect the environment. In addition, the "Environmental Protection Law" also stipulates the basic systems of the environmental impact assessment system, the "three simultaneous" system, the pollutant discharge system, the permit system, and the deadline governance system. Legislation management, as a compulsory measure in environmental management, is an effective measure adopted by all countries in the world. To protect the smooth operation of the green packaging system, a sound and complete legal system must be established, and the production of packaging must be managed through legislation. Circulation and use, with laws and regulations to promote the development of green packaging.

At present, there are two types of environmental protection legislation related to packaging in various countries: first, individual packaging legislation and regulations, such as the prohibition of the use of certain materials, etc.; second, comprehensive packaging legislation or regulations, such as those formulated by Germany, France, and other countries. Packaging Waste Restriction Law. It generally includes three aspects: restricting or prohibiting the use of packaging materials that are harmful to the environment; establishing a recycling and recycling organization for the recycling of packaging materials and its operating methods; and establishing various recycling targets for packaging materials. At present, China's laws and regulations on the management of packaging waste are still not perfect, which has caused some inconsistencies between the development of the packaging industry and environmental protection. To this end, it is necessary to establish a regulatory system for packaging waste management as soon as possible, establish and improve China's environmental standard system, and carry out certification work at a high starting point. Western countries have experienced the stage of “pollution first and then governance” in economic development. This reminds other countries that they must not take such old roads again. They should minimize pollution while the economy is growing, and this needs to be Improve relevant laws and regulations.

Many countries in the world use legislation to stipulate that producers must use green packaging. Following the 1991 German decree on packaging waste disposal, some countries in Europe, North America, and Asia have also formulated green regulations in light of the environmental problems caused by packaging. Packaging laws and regulations. Many developed countries not only require their own packaging industry to comply with relevant laws and regulations, but also require that the imported packaging products and their waste also comply with the same ordinance. In view of the relevant laws and policies of most countries, the measures adopted in the environmental protection packaging are as follows:

· Strictly inspect or prohibit the entry of packages to protect the ecological environment. In order to protect their forest resources, crops and buildings, and prevent the spread of hidden pests and diseases in packaging materials and endanger their own resources, importing countries are required to prohibit the entry of certain packaging materials or carry out strict inspection and treatment. For example, the United States, Australia, and other countries prohibit the use of straw bales or packing materials. In the United Kingdom, the use of straw or other hay as a packing mat for imported goods requires that it must be sterilized and disinfested beforehand. Another example is that in view of the fact that wooden boxes cannot be recycled, it is forbidden to use wooden crates as packaging for imported goods. The United States, Canada, the United Kingdom, and the European Union have also issued relevant laws and regulations prohibiting wood packaging from entering its territory before fumigation and antiseptic treatment.

· Legislation prohibits the use of certain packaging materials. In addition to customs banned imports of goods using packaging materials that may cause damage to the country’s ecological environment, many countries also adopt legislation to prohibit the use of certain packaging materials within their own country. Countries such as Germany, Italy, and Austria prohibit the production, import, or sale of goods that use PVC as packaging materials. In order to protect the ozone layer, the European Union, the United States, Japan, South Korea, Australia, Singapore and other countries have also banned the use of chlorofluorocarbon-CFCs foam. In addition, the European Union, the United States, Japan, and other countries have also issued bans on plastic packaging materials that cannot be recycled or can not be decomposed.

· Storage return system. Many countries have stipulated that beer, soft drinks, and mineral water should all adopt reusable containers to achieve the dual effect of not polluting the environment and saving resources. Consumers are required to pre-pay a certain deposit guarantee to the store when they purchase drinks. The deposit is refunded when the packaging is returned to the store after use. Some countries have also extended this system to include detergents and paints. For example, in Germany, the "Law on Bottles" was enacted in 1989, which obliged people to pay for plastic bottles and mandatory return of plastic bottles.

Recycling or reusing the law. In order to promote the recycling of packaging, many countries have established recycling laws. For example, the German Packaging Waste Disposal Decree clearly stipulates that manufacturers and sellers are obligated to recycle used transport packaging, and implement “who produces, who recycles, who sells, and who recycles” and reuses and recycles these transport packages. .

In addition to the clear stipulation in the form of legislation on the responsibility for recycling packaging waste, it also specifies specific objectives for the recovery, reuse, or regeneration of packaging waste. As clearly stated in the Decree of Germany, since July 1, 1995, the proportion of various packaging materials should be recycled: Glass: 80%, Tinplate: 80%, Aluminum: 80%, Cardboard: 80%, Plastic: 80% , Complex: 80%. The French decree proposed that 85% of packaging waste should be recycled in 2003. The Netherlands proposes that the recycling rate in 2000 will reach 60% and the incineration rate will reach 40%. Austria requires that 80% of recycled packaging materials must be recycled or reused. Denmark requires that by 2000, 50% of all waste must be recycled.

Environmental protection is an urgent issue facing all humankind. The role of packaging in promoting economic development is obvious to all, but the pollution and destruction of packaging waste on the environment are also becoming increasingly prominent. Green packaging is the need of the development trend of international environmental protection. As a big producer of packaging, China must solve the problems of packaging and the environment. Adopt green packaging materials, implement green packaging design, continuously research and explore new technologies and new processes, attach importance to and strengthen the management and management of packaging waste, establish a packaging waste recycling system, and improve the recycling and comprehensive utilization technology of packaging waste . Formulate policies and regulations, formulate green packaging development plans, increase publicity efforts, raise awareness of environmental protection for all people, and consciously implement green consumption lifestyles. China's packaging industry should start from the perspective of protecting the environment and saving resources, implement green packaging, and take the road of sustainable development.

(Chen Ying Luo Weilian Gao Peng Graduate School of Kunming University of Science and Technology)

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