Office of the State Tobacco Monopoly Administration on the regulation of electronic cigarette market

Issuing time:2023-05-15 14:43

        State Tobacco Office Comprehensive [2023] No. 20


All provincial tobacco monopoly bureaus, Zhengzhou Tobacco Research Institute of China National Tobacco Corporation, Shanghai New Tobacco Products Research Institute Co:

  Recently, under the deployment of the State Tobacco Monopoly Administration, local tobacco monopoly bureaus have investigated and dealt with a number of cases of illegal manufacture and sale of "flavored e-cigarettes" [i.e., "Electronic Cigarette Management Measures" (State Tobacco Monopoly Administration Announcement No. 1 of 2022) that do not comply with the mandatory national standard for electronic cigarettes (GB 41700-2022) and have not passed the technical review. The State Tobacco Monopoly Administration (State Tobacco Monopoly Administration Announcement No. 2022-1) clearly stipulates that the sale of flavored e-cigarettes other than tobacco flavors is prohibited] cases, cracking down on the illegal manufacture and sale of "milk tea cups," "cola cans," and other invisible variations of e-cigarette behavior, powerfully protecting people's health and safety, especially the physical and mental health of youth, and achieving phased The results have been effective. However, the production and operation of e-cigarettes without tobacco monopoly licenses occurs from time to time, a small number of market entities that have obtained tobacco monopoly licenses in accordance with the law to avoid supervision, and even illegal violations, some e-cigarette manufacturers trade outside the trading management platform, individual e-cigarette manufacturers still illegally produce "flavored e-cigarettes", individual retail Market players use the Internet and micro-business illegal sales of e-cigarettes and so on. To further consolidate the results of supervision and enforcement, regulate the order of the e-cigarette market, protect the legitimate market players and consumer rights and interests, and continue to promote the rule of law and standardized governance of the e-cigarette industry, the State Tobacco Monopoly Administration decided to organize a special inspection to regulate the order of the e-cigarette market. The relevant matters are notified as follows:


First, the general requirements and basic principles


Guided by Xi Jinping's socialist ideology with Chinese characteristics in the new era, the full implementation of the "People's Republic of China Tobacco Monopoly Law", "The Law of the People's Republic of China on the Protection of Minors", "Implementation Regulations of the People's Republic of China Tobacco Monopoly Law" and "Electronic Cigarette Management Measures", "electronic cigarettes" mandatory national standards and other provisions, through the development of electronic cigarette-related production enterprises, electronic cigarette wholesale enterprises, electronic cigarette retail Special inspection of e-cigarette-related production enterprises, e-cigarette wholesale enterprises, e-cigarette retail market entities, comprehensive mapping of evidence of illegal manufacture and sale of e-cigarettes clues, and focus on regulating the production and operation of e-cigarette market entities to promote the rule of law and standardized governance of the electronic cigarette industry to create a good environment.


(A) adhere to the supervision of the law. Strengthen the administration according to law, supervision according to law, handling cases according to law, using the rule of law thinking and the rule of law, supervise the electronic cigarette market subject to obtain a tobacco monopoly license to comply with the law, ban and shut down the electronic cigarette market subject to obtain a tobacco monopoly license, investigate and crack down on the illegal manufacture and sale of electronic cigarettes, regulate the electronic cigarette market order.


(B) to protect people's health and safety. The implementation of people-centered development thinking, and actively respond to social concerns, take strong measures to carry out comprehensive checks and clean-up and rectification at the source of production, distribution channels, and retail markets, to prevent unqualified and substandard e-cigarette products from illegally entering the market, to protect consumer rights and interests, and protect minors from e-cigarettes.


(C) strengthen the synergistic linkage. Adhere to the overall planning and overall promotion, and promote the construction of a national "chess", industry "whole chain" electronic cigarette regulatory work pattern. Joint local governments and public security, municipal supervision and other departments to strengthen the clues, consultation and research, joint law enforcement, and promote joint efforts to strengthen the work of cooperation.


Second, the time steps


(A) mobilization and deployment, refining the program (from now until March 5). State Tobacco Monopoly Bureau issued a special inspection notice, the development of inspection programs, deployment tasks, clear division of responsibilities and work priorities. The provincial tobacco monopoly bureau according to the inspection tasks, refine the work plan, the overall arrangements for the inspection work in the region.


(B) comprehensive inspection, cleanup and rectification (from March 6 to April 25). Adhere to the inspection and rectification synchronization, the inspection of the problem clues found in a timely transfer of processing, investigate and deal with typical cases, solve outstanding problems, establish and improve the "one enterprise (household) a file" regulatory ledger file, do a good job of follow-up supervision, rectification work.


(C) summarize and enhance, strengthen the long-term effect (long-term persistence). Seriously summarize the results of the special inspection, the provincial tobacco monopoly bureau, the inspection team in April 30, the special inspection situation reported to the State Tobacco Monopoly Bureau. Tobacco monopoly bureaux at all levels to strengthen the use of inspection results, crack down on illegal production and operation activities, banning and shutting down the market entities that have not obtained a tobacco monopoly license according to law.


Third, the focus of inspection


(A) electronic cigarette-related production enterprises.


1. for enterprises that have not obtained a license to produce tobacco monopoly enterprises. Focus on checking whether there is illegal production and operation of e-cigarettes with nicotine, atomizers, electronic cigarette products and other acts after the end of the transition period on October 1, 2022.


2. To obtain a license for tobacco monopoly production enterprises in accordance with the law. Engaged in domestic sales of electronic cigarette products manufacturers focus on checking whether the production and sale of "flavored e-cigarettes"; whether the production (on behalf of processing) has not passed the technical review of domestic sales of electronic cigarette products; whether there are not in accordance with the specified channels of supply, and not through the electronic cigarette trading platform for sales behavior. Engaged in the export of electronic cigarette products production enterprises focus on checking whether the production of electronic cigarette products for real exports and whether to establish a relevant quality and safety system. Engaged in electronic cigarettes with nicotine, atomizers and other production enterprises focus on checking the source of raw materials purchased and the flow of products, whether there is no tobacco monopoly license to supply enterprises that have not obtained the law.


(B) electronic cigarette wholesale enterprises.


To obtain a tobacco monopoly wholesale enterprise license according to law. Focus on checking whether there is access to product brand specifications, as well as the management of marketing activities of manufacturers, electronic cigarette products business rules, logistics and security capacity building.


(C) the main electronic cigarette retail market.


1. For those who have not obtained a tobacco monopoly retail license in accordance with the law. Focus on checking whether they are illegally engaged in the sale of electronic cigarettes after the end of the transition period on October 1, 2022.


2. To obtain a tobacco monopoly retail license in accordance with the law. Focus on whether to set warning signs to protect minors, whether to sell e-cigarette products to minors, whether to sell "flavored e-cigarettes", whether to purchase e-cigarette products from channels other than local e-cigarette wholesale enterprises that have obtained tobacco monopoly licenses according to law, whether to sell e-cigarette products through the Internet, and whether to operate e-cigarette products on an exclusive basis. Whether to sell e-cigarette products through the Internet, and whether to operate e-cigarette products exclusively.


Fourth, check the way


(a) Check the source. Through a combination of complaints and reports, market research, platform transactions, Internet-related e-cigarettes, e-cigarette logistics and delivery and other regulatory information, mapping illegal production and operation clues, focusing on tracing the source of illegal e-cigarette production.


(B) Clear the market. On-site law enforcement inspection of the electronic cigarette market main production and business premises, warehouses, stores, etc., and timely clean up the shelves of illegal products on sale. Implement dynamic management of licenses, regulate the production and operation of market entities that have obtained tobacco monopoly licenses in accordance with the law.


(C) chasing responsibility. Solidify the evidence of illegal production and operation, seriously investigate and deal with a number of illegal production and operation of electronic cigarettes cases, illegal behavior suspected of constituting a crime timely transfer to the judicial authorities to pursue criminal liability, to form a deterrent, strengthen the quality and effectiveness of electronic cigarette regulation.


V. Work requirements


(A) raise awareness and strengthen leadership. Fully understand the importance of special inspections to regulate the order of the electronic cigarette market, safeguard the rights and interests of consumers, and protect the healthy growth of minors, effectively perform the regulatory responsibilities of electronic cigarettes, strengthen the organizational leadership of special inspections, coordination and coordination of work, and enhance the quality and efficiency of the work. The implementation of "double random, a public" supervision, the implementation of the "management and service" reform requirements, strict norms, fair and civilized law enforcement, and adhere to the bottom line of integrity and self-discipline.


(B) carefully organized and coordinated. The State Tobacco Monopoly Bureau unified deployment, and the deployment of electronic cigarette market supervision and supervision of the supervision of the work of the normal coordination. The State Tobacco Monopoly Bureau and the provincial tobacco monopoly bureaus to form a number of inspection teams to check the hierarchical classification. The provincial tobacco monopoly bureau to take the initiative to coordinate local public security, municipal supervision and other departments to ensure that the implementation of business-by-enterprise inspection in place.


(C) strengthen publicity, effective guidance. Strengthen e-cigarette laws and regulations and policies, guide the e-cigarette market players to consciously operate in compliance with the law, and supervise the e-cigarette market players who have obtained tobacco monopoly licenses in accordance with the law to trade and file through the e-cigarette trading platform. Strengthen the interpretation of the law by case, the case to show the police, the formation of regulatory deterrence. Proactive voice to respond to social concerns, timely reflect the effectiveness of special inspections, and create a good public opinion atmosphere.


The provincial tobacco monopoly bureaus and inspection teams should promptly organize new situations and problems encountered in the special inspection, typical cases and stage progress, and do a good job of reporting and communication and work connection. At the end of the special inspection, a comprehensive summary of the effectiveness of the work carried out, useful experience, outstanding problems, major cases, policy measures proposed to the State Tobacco Monopoly Bureau report.


                                                       Office of the State Tobacco Monopoly Administration

                                                                                                                 February 28, 2023


    (Active Public)


Share to:
SHENZHEN AEROSOL TECHNOLOGY  RESEARCH CO.,LTD.
Contact: Ms. Liu                   Tel: 19129984923                   Contact email: saler01@arsrh.com                   Address: Shilong Community, Shiyan Street, Baoan District, Shenzhen