The popularity of "zero waste benches" in Shenzhen parks highlights the producer responsibility and compliance boundaries behind food delivery packaging recycling
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In October 2026, Shenzhen Lianhua Mountain Park, Bijia Mountain Park, Xiangmi Park and other above ground public seating facilities will introduce a new batch of "zero waste benches" made from recycled materials such as takeaway food boxes and beverage cups. According to Shenzhen News Network, about 15720 recycled food boxes and beverage cups were used for the seats in Lianhua Mountain Park alone, while the benches in Bijia Mountain Park were made from 825 and 1540 takeaway packages respectively. From a takeout meal to a bench, Shenzhen showcases the achievements of garbage classification and resource recycling in a visible and comfortable way.
This news appears to be a topic of environmental protection and urban governance, but from a lawyer's perspective, it touches on the implementation of Extended Producer Responsibility (EPR), the legal characterization of low value recyclables, the compliance red line of corporate green promotion, and the legal obligations of ordinary citizens in garbage classification. This article dissects the rule system behind the "zero waste bench" from the perspective of legal practice.
1、 Food delivery packaging recycling is not only an environmental initiative, but also a legal obligation
Many companies mistakenly believe that the recycling of takeaway food boxes and beverage cups is purely a public welfare initiative, but in reality, it is not. Article 62 of the Solid Waste Pollution Prevention and Control Law of the People's Republic of China clearly stipulates that the state implements a system for classifying household waste, and units and individuals who generate household waste shall fulfill their obligation to classify and dispose of it in accordance with the law. The revised "Shenzhen Municipal Regulations on the Classification and Management of Domestic Waste" in 2021 further refine the management of low value recyclables, including takeaway food boxes, beverage cups, etc., and require business management units in commercial office buildings, residential areas, and other places to set up corresponding classification collection containers.
More importantly, the extended producer responsibility system. Article 66 of the revised Solid Waste Pollution Prevention and Control Law in 2020 proposes that the state establish an extended producer responsibility system for products such as electrical and electronic appliances, lead-acid batteries, and vehicle power batteries. Although takeaway packaging has not yet been fully included in the mandatory catalog, the "Green Action for the Whole Chain of Catering Takeout Packaging" launched in Shenzhen in April 2026 has obvious EPR pilot colors. The Shenzhen Municipal Solid Waste Classification Management Affairs Center, in collaboration with the China Environmental Protection Foundation and Meituan Qingshan Plan, is promoting the integration of recycling, regeneration, and reuse in various aspects. Essentially, it is exploring the path for platform enterprises and catering businesses to assume responsibility for packaging recycling for external sales.
In the practice of lawyers, we have observed that many food delivery platforms and chain catering brands have a vague understanding of the legal obligations of packaging recycling, often using public welfare projects such as the "Qingshan Plan" as brand promotion, but ignoring the provision in Article 52 of the "Shenzhen Municipal Regulations on the Classification and Management of Domestic Waste" that imposes a fine of 50 to 200 yuan for "not classifying and disposing according to regulations", as well as the administrative penalty risk of business management units failing to fulfill their classification management responsibilities.
2、 Compliance challenges behind low value recyclables' having a place to invest '
The low individual value, scattered sources, and high recycling costs of takeaway food boxes and beverage cups are market failures and areas where the law needs to intervene. The "Dandelion · Box Fusion New Fashion" project launched in Shenzhen in 2023 covers 286 pilot areas in 10 districts and 54 streets. In 2024, the "Box Fusion" Sungang Street Recyclable Transfer Station Demonstration Base will be promoted, essentially using administrative guidance and public welfare cooperation to fill the market gap in the low value recyclable material recycling chain.
From a legal perspective, there are two levels of issues involved here. Firstly, do low value recyclables fall under the category of "household waste" in the Solid Waste Pollution Prevention and Control Law? The answer is affirmative. Article 124 of the law defines "household waste" as solid waste generated in daily life or activities that provide services for daily life, including food delivery boxes and beverage cups. Secondly, who is the responsible party for recycling? According to Article 10 of the Shenzhen Municipal Regulations on the Classification and Management of Domestic Waste, the municipal and district governments should establish a coordination mechanism for the classification and management of domestic waste, while the managers of commercial office buildings, shopping malls, and other business premises are responsible for the classification and disposal management.
In practice, disputes often arise between office property management and settled catering enterprises: property management believes that takeaway packaging is generated by catering enterprises, while catering enterprises believe that after consumers take it away, it should be classified by property management. Lawyers suggest that office building managers and catering merchants should clearly define the responsibility boundaries for the classification and placement of takeaway packaging in lease contracts or management regulations, in order to avoid mutual shirking of administrative penalties. There have been law enforcement cases in Shenzhen showing that office buildings were ordered to rectify due to the lack of classified collection containers for takeaway food boxes, and the property management company bears the main responsibility.
3、 Using recycled materials for benches, green promotion should not step on the red line of advertising laws
The "Zero Waste Bench" project involves entities such as the Meituan Qingshan Plan and the China Environmental Protection Foundation. The benches also feature the Meituan Qingshan Plan's mountain shape logo. This raises an easily overlooked legal issue: how can companies avoid false advertising or misleading statements when promoting their brand under the guise of environmental protection?
Article 9 of the Advertising Law of the People's Republic of China prohibits the use of absolute terms such as "national level", "highest level", and "best" in advertisements. Common expressions in green advertising such as "zero waste", "fully degradable", and "100% regenerated" may constitute false advertising if they lack sufficient evidence to support them. For example, if a bench claims to be made from 100% recycled takeaway food containers, but in reality, recycled materials are mixed with native plastic, it is suspected of violating Article 28 of the Advertising Law regarding false advertising and may face fines or even civil compensation.
In addition, Article 8 of the Anti Unfair Competition Law prohibits operators from making false or misleading commercial advertisements about the performance, function, quality, sales status, user evaluations, etc. of their goods. When companies combine public welfare projects with brand logos and exaggerate their environmental contributions, they may be reported by competitors or sued by consumers. In 2025, there have been multiple cases in China where market regulatory authorities have punished companies for false promotion of "environmentally friendly packaging", which is worthy of Shenzhen enterprises' vigilance.
Lawyer's practical advice: When enterprises carry out projects similar to "zero waste benches", they should retain full chain data such as recycling volume, proportion of recycled materials, and production processes. Promotional language should be reviewed by legal or external lawyers to avoid using unverifiable absolute environmental commitments. At the same time, when cooperating with public welfare organizations such as foundations, the ownership of intellectual property rights, publicity standards, and risk sharing should be clearly stated in the cooperation agreement.
4、 Citizen check-in and gift exchange, personal information protection cannot be forgotten
According to the news, from now until October 31st, Shenzhen has launched a public check-in activity called "Searching for Shenzhen Zero Waste Benches". After citizens take photos or share short videos and receive 66 likes, they can go to the Shenzhen Municipal Solid Waste Classification Science and Education Museum (Futian Hall) to verify and receive gifts. This type of activity involves a large amount of user generated content (UGC) and personal information collection, and legal risks cannot be ignored.
According to Article 13 of the Personal Information Protection Law of the People's Republic of China, the processing of personal information requires the individual's consent or other legal basis. The organizers of the event require citizens to share and share likes on social media platforms. If collecting participants' social media accounts, like records, contact information, etc., they must clearly inform the purpose, method, and scope of processing, and obtain separate consent. If information is used for commercial promotion or shared with third parties, it is also necessary to comply with the provisions of Article 23 of the law regarding the provision of personal information to third parties.
In addition, when citizens take photos of benches in parks and upload them on social media, if the photos contain clear portraits of other tourists, it may involve the issue of portrait rights under Article 1019 of the Civil Code of the People's Republic of China. Although public welfare check-in activities usually do not constitute for-profit use, organizers should remind participants in the event rules to avoid infringing on others' portrait and privacy rights.
From a lawyer's perspective, we suggest that the event organizer: firstly, establish a concise and clear privacy policy, and prominently display it on the event page; Second, the gift verification process only collects necessary information to avoid excessive collection of sensitive information such as ID number and address; Thirdly, establish an information deletion mechanism and promptly destroy or anonymize participant data after the event ends.
Conclusion: Green transformation requires legal protection
The 'zero waste bench' is a phased achievement of the green action plan for the entire chain of food delivery packaging in Shenzhen, and also an innovative sample for the resource utilization of low value waste in mega cities. But from a legal perspective, every link from producer responsibility to garbage classification enforcement, from green advertising compliance to personal information protection, requires rule support. Enterprises should not only treat environmental protection as a brand story, but also as a compliance obligation; Citizens should also have basic awareness of personal information protection when participating in check-in activities.
Guangdong Zhiming Law Firm has long been concerned about Shenzhen's urban governance and corporate environmental compliance, and has accumulated rich practical experience in the areas of extended producer responsibility, administrative penalties for garbage classification, compliance review of green publicity, and personal information protection. Whether it is food delivery platforms, catering chain enterprises, office property management, or public welfare organizations, conducting legal risk assessments in advance when promoting resource recycling projects can make green innovation go more steadily and further.
