Cctv newsRecently, the State Tobacco Monopoly Bureau issued the Notice on Strengthening the Supervision of Electronic Cigarettes.
In order to thoroughly implement the major decision of the CPC Central Committee and the State Council to strengthen the supervision of e-cigarettes, strictly implement the spirit of the State Council’s Decision on Amending the Regulations for the Implementation of People’s Republic of China (PRC) Tobacco Monopoly Law, and guide the service e-cigarette market participants to gradually adapt to the requirements of the Measures for the Administration of E-cigarettes (Announcement No.1 of the State Tobacco Monopoly Bureau in 2022), the mandatory national standard for e-cigarettes (GB 41700-2022) and related supporting policies and measures, Give qualified e-cigarette market participants enough time to prepare for administrative licensing, design product compliance, complete product transformation and other work, and the State Tobacco Monopoly Bureau reasonably set up a transition period for e-cigarette supervision. During the transition period, the supervision work was smooth and orderly, which laid a good foundation for promoting the gradual realization of legal supervision of the e-cigarette market and bringing the e-cigarette industry into the track of legalization and standardization.
In order to continuously promote the legal and standardized governance of e-cigarettes, effectively protect people’s health and safety, standardize the operation of e-cigarette industry, and effectively deal with related issues left over during the transition period, relevant matters are hereby notified as follows.
First, the main body of the e-cigarette market shall carry out production and business activities according to law.
(1)From October 1, 2022, the main body of the e-cigarette market engaged in the production and operation of e-cigarettes shall obtain a tobacco monopoly license, and carry out production and operation activities in strict accordance with the Tobacco Monopoly Law of People’s Republic of China (PRC), the Regulations for the Implementation of the Tobacco Monopoly Law of People’s Republic of China (PRC), the Measures for the Administration of E-cigarettes, the mandatory national standards for e-cigarettes and the supporting policies and regulations of the State Tobacco Monopoly Bureau.E-cigarette manufacturers, aerosol producers, nicotine producers, e-cigarette wholesale enterprises and e-cigarette retailers who have obtained tobacco monopoly licenses according to law shall conduct transactions through the e-cigarette trading management platform. The transportation of e-cigarette products, aerosols and nicotine for e-cigarettes shall be subject to the supervision of the Tobacco Monopoly Bureau, and shall be made in accordance with relevant regulations and accompanied by logistics documents.
(2) E-cigarette products sold in China shall conform to the mandatory national standard of E-cigarette and the Provisions on the Warning Signs of E-cigarette (No.64 [2022] of State Tobacco Office). E-cigarette products that are not sold in China and are only used for export shall comply with the laws, regulations and standards of the destination country or region; Where the destination country or region has no relevant laws, regulations and standards, it shall comply with the relevant requirements of Chinese laws, regulations and standards to ensure the quality and safety of export products. E-cigarette-related production enterprises that have obtained the license of tobacco monopoly production enterprises, which are engaged in export business, shall conduct export filing on the e-cigarette trading management platform.
(3) Tobacco monopoly bureaus at all levels shall earnestly perform their supervisory duties, strengthen market supervision according to law, continuously improve government services, and continuously promote the legalization and standardization of e-cigarette governance. Accept applications for licenses of electronic cigarette-related manufacturing enterprises, wholesale enterprises and retail entities in accordance with the law, and handle them in accordance with the relevant regulations and instructions that came into effect on October 1, 2022.
II. Reaffirmation of relevant prohibitive provisions
(a) individuals, legal persons or other organizations that have not obtained a tobacco monopoly license are not allowed to carry out e-cigarette related production and business operations, and the licensed subjects are not allowed to carry out production and business operations beyond the permitted scope.
(2) No individual, legal person or other organization may sell e-cigarette products, aerosols and nicotine for e-cigarettes through information networks other than the e-cigarette trading management platform as stipulated in the Measures for the Administration of E-cigarettes.
(three) products that do not meet the mandatory national standards for electronic cigarettes, that is, products that have not passed the technical review, shall not be sold in the domestic market. E-cigarette products on the market must be consistent with the product information that has passed the technical review.
(four) it is forbidden to publish electronic cigarette advertisements in the mass media or public places, public transport and outdoors. It is forbidden to send any form of electronic cigarette advertisement to minors. It is forbidden to use advertisements and public service advertisements of other commodities or services to publicize the name, trademark, packaging, decoration and similar contents of electronic cigarettes. The notice of relocation, renaming and recruitment issued by the producer or seller of electronic cigarettes shall not contain the name, trademark, packaging, decoration and similar contents of electronic cigarettes. It is forbidden to hold exhibitions, forums and expositions to promote electronic cigarette products in various forms.
(five) no electronic cigarette sales outlets shall be set up around ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens. E-cigarette retailers must purchase e-cigarette products from local e-cigarette wholesale enterprises, and may not exclusively operate e-cigarette products listed for sale, and may not sell e-cigarette products to minors; Warning signs shall be set up in the business premises, and electronic cigarette products shall not be sold by self-service sales or disguised sales.
(6) Delivery, carrying of e-cigarette products, aerosols, nicotine for e-cigarettes and entry of e-cigarette products shall be subject to quota management, which shall not exceed the quota stipulated by the relevant competent authorities in the State Council.
Third, properly handle the remaining issues during the transition period
During the transition period, all the licenses of qualified existing e-cigarette market entities have been completed. In order to protect the legitimate rights of enterprises, the State Tobacco Monopoly Bureau and the provincial tobacco monopoly bureau will accept objections from existing e-cigarette related manufacturers after the transition period.
(1) The object of objection. Existing e-cigarette related production enterprises established before November 10, 2021 and obtained business licenses have expressed their willingness to apply during the transition period and considered themselves to be existing enterprises, but they have not obtained certificates.
(2) Time for accepting objections. October 8 to October 31, 2022.
(3) the organ that accepts the objection. The provincial tobacco monopoly bureau where the applicant’s domicile (main business premises and business premises) is located.
(four) the way to raise objections. The objection subject shall be put forward in writing, mainly including the following materials:
1. The name, legal domicile, name of legal representative (person in charge), name of contact person, telephone and email address, etc. of the objecting enterprise;
2. Specific and clear objections;
3. The factual basis of the objection and relevant supporting materials;
4. The date of the objection.
The above written materials shall be signed by the legal representative (person in charge) of the enterprise and stamped with the official seal page by page.
The State Tobacco Monopoly Bureau and the provincial tobacco monopoly bureau shall check and deal with the objections raised by enterprises.
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