Press: The formulation of the “Administrative Measures for Electronic Cigarettes”, “Electronic Cigarettes” national standards and supporting policies is to conscientiously implement the requirements of the Party Central Committee and the State Council to promote the legalization and standardized governance of the electronic cigarette industry, and to thoroughly implement the “Tobacco Monopoly Law of the People’s Republic of China” and its related policies. It is an important measure to implement the regulations, solve the prominent problems in the current e-cigarette market and industry, and protect the health of the people and the legitimate rights and interests of consumers.
On March 11, 2022, the State Tobacco Monopoly Administration announced the “Measures for the Administration of Electronic Cigarettes”;
On April 8, the State Administration for Market Regulation (National Standardization Administration) released the national standard for “electronic cigarettes”.
On April 13, the State Administration for Market Regulation and relevant departments of the State Tobacco Monopoly Administration answered relevant questions of public concern.
1. What are the main contents of the Measures for the Administration of Electronic Cigarettes?
Answer: The “Measures for the Administration of Electronic Cigarettes” has six chapters and forty-five articles, which stipulates the production, sales, transportation, import and export, supervision and management of electronic cigarettes, and mainly clarifies the following aspects:
(1) The object of supervision is clarified.
Electronic cigarettes, vaping products, nicotine for electronic cigarettes and other new tobacco products are all included in the scope of supervision. Electronic cigarettes include pods, smoking sets, and products sold in combination with pods and smoking sets. The sale of flavored e-cigarettes other than tobacco flavors and e-cigarettes that can add vaping substances by themselves is prohibited, and nicotine-free e-cigarette products are included in the scope of supervision. Heated cigarettes are cigarettes and have been included in the management of cigarettes, which is emphasized in the “Administrative Measures for Electronic Cigarettes”. At present, my country has not approved heated cigarettes for sale in China, and no market entity is allowed to illegally operate heated cigarettes.
(2) The main body of supervision is clarified.
The administrative department of tobacco monopoly of the State Council (i.e. the State Tobacco Monopoly Administration, the same below) is in charge of the supervision and management of electronic cigarettes nationwide, and the administrative department of tobacco monopoly at the provincial, municipal and county levels (i.e. the provincial, municipal and county-level tobacco monopoly bureaus, the same below) Responsible for the supervision and management of electronic cigarettes within the administrative region according to the prescribed powers.
(3) The regulatory measures are clarified.
The first is to implement license management for production, wholesale and retail market entities.
The second is to strictly control the quality, and establish a management system for the technical review, random inspection and traceability of electronic cigarette products.
The third is to implement sales channel management. Establish a unified national e-cigarette transaction management platform, and incorporate e-cigarette-related business activities into platform management. E-cigarette product manufacturers and e-cigarette brand holders that have obtained tobacco monopoly licenses in accordance with the law shall sell e-cigarette products to e-cigarette wholesalers through the e-cigarette transaction management platform. Enterprises or individuals that have obtained a tobacco monopoly retail license and are qualified to engage in electronic cigarette retail business shall purchase electronic cigarette products from local electronic cigarette wholesale enterprises through the electronic cigarette transaction management platform, and shall not exclusively operate the electronic cigarette products sold on the market.
The fourth is to supervise transportation in accordance with the law. The transportation of electronic cigarettes, atomizers, and nicotine for electronic cigarettes shall be subject to the supervision of the tobacco monopoly administrative department.
Fifth, the administrative department of tobacco monopoly of the State Council conducts pre-examination on domestic and overseas initial public offerings and listings of electronic cigarette manufacturers, atomizer manufacturers, and nicotine manufacturers for electronic cigarettes.
The sixth is to supervise and manage the import and export trade of electronic cigarettes and foreign economic and technological cooperation in accordance with the law, improve management measures, optimize work processes, and serve the export of electronic cigarettes that meet relevant requirements.
2. What is the background and main content of the formulation of the national standard for “Electronic Cigarettes”?
A: In November 2021, the State Council issued the “Decision on Amending the Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” (National Order No. 750, hereinafter referred to as the “Decision”), adding Article 65, “E-cigarettes” and other new tobacco products shall be implemented in accordance with the relevant provisions of these Regulations on cigarettes.” On March 11, 2022, the State Tobacco Monopoly Administration formulated and released the “Administrative Measures for Electronic Cigarettes”, which will be officially implemented on May 1. The measures proposed that “electronic cigarette products should meet the mandatory national standards for electronic cigarettes”. Therefore, the formulation of mandatory standards for “E-cigarettes” is an important means to implement the above-mentioned laws and regulations, and it is also an important technical support for the establishment of an electronic cigarette supervision system.
On April 8, 2022, the State Administration for Market Regulation (Standard Committee) released the mandatory national standard GB 41700-2022 “Electronic Cigarettes”. The standard is formulated by the State Administration for Market Regulation, together with the State Tobacco Monopoly Administration, and organized by the National Tobacco Standardization Technical Committee and related technical institutions. The content of the standard mainly includes: first, clarifying the relevant terms and definitions of e-cigarettes, atomizers, etc.; second, putting forward principle requirements for the design of e-cigarettes and the selection of raw materials; third, clarifying the requirements for e-cigarettes, atomizers, and emissions, respectively. The technical requirements of electronic cigarettes are given, and the supporting test methods are given; the fourth is to stipulate the signs and instructions of electronic cigarette products.
3. When will the transition period end? What is the policy for the transition period?
Answer: According to the “Tobacco Monopoly Law of the People’s Republic of China” and its implementing regulations, from the date of promulgation and implementation of the “Decision” on November 10, 2021, the production and business activities of electronic cigarettes should obtain an access license, and the products should meet the national requirements. Standards, the import and export of electronic cigarettes should comply with relevant regulations and other requirements. Considering that there is a process for the introduction and implementation of the “Administrative Measures for Electronic Cigarettes”, “Electronic Cigarettes” national standards and supporting policies, in order to protect the legitimate rights and interests of relevant electronic cigarette production and operation entities, better implement relevant regulatory requirements, maintain the health of the people, and protect the health of the people. To protect the legitimate rights and interests of consumers, the tobacco monopoly administrative department of the State Council has set up a transition period after the “Decision” was promulgated and implemented, and clarified the relevant requirements for the transition period. Since the “Measures for the Administration of Electronic Cigarettes” will be implemented from May 1, 2022, and the national standards for “Electronic Cigarettes” will be implemented from October 1, 2022, it is now determined that the transition period will end on September 30, 2022.
During the transition period, the existing e-cigarette production and operation entities (that is, the existing e-cigarette production and operation entities) before the release of the “Decision” on November 10, 2021 can continue to carry out production and operation activities, and should comply with the “E-Cigarette Management Measures”, “Electronic Cigarettes”. Tobacco” national standards and supporting policy requirements, apply for relevant licenses and product technical reviews, etc., design products for compliance, complete product transformation, and cooperate with tobacco monopoly administrative departments at all levels to carry out electronic cigarette supervision work in an orderly manner. At the same time, in order to standardize the order of the electronic cigarette market, the electronic cigarette industry will be steadily brought into the track of legalization and standardization, and the newly revised “Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” and “Administrative Measures for Electronic Cigarettes”, “Electronic Cigarettes” national standards and Linking supporting policies, etc., continue to implement the relevant requirements during the transition period:
All kinds of investors are temporarily prohibited from investing in newly established electronic cigarette production and operation enterprises;
The production and operation entities of existing electronic cigarettes are not allowed to build or expand production capacity for the time being, and are not allowed to set up new electronic cigarette retail outlets for the time being. Tobacco monopoly administrative departments at all levels will not accept applications for licenses from newly established electronic cigarettes, atomizers, and nicotine used in electronic cigarettes or production sites that violate regulations during the transition period;
The license applications of new retail market entities that are illegally added during the transition period will not be accepted;
Applications for licenses to expand production capacity, such as manufacturers of electronic cigarettes, vaping products, and nicotine used in electronic cigarettes, which existed before the issuance of the “Decision” will not be accepted for the time being (the specific acceptance time will be notified separately).
According to relevant regulations, the market supervision department will not issue the business licenses of newly established electronic cigarettes, atomizers, and nicotine used in electronic cigarettes, or production points and retail market entities that have violated regulations during the transition period.
After the transition period, e-cigarette production and business entities must carry out production and operation activities in strict accordance with the “Tobacco Monopoly Law of the People’s Republic of China”, “Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China”, “Administrative Measures for Electronic Cigarettes”, and “E-Cigarette” national standards. .
4. What kind of tobacco monopoly license do market entities engaged in e-cigarette-related production, wholesale and retail need to apply for?
Answer: To engage in production and business activities such as e-cigarettes, atomizers, and nicotine for e-cigarettes, you should apply to the tobacco monopoly administrative department for a license for a tobacco monopoly production enterprise in accordance with the law; an enterprise that has obtained a license for a tobacco monopoly wholesale enterprise should obtain a license for a tobacco monopoly wholesale enterprise. With the approval of the competent administrative department, the wholesale business of electronic cigarette products can only be engaged in after changing the scope of the license; to engage in the retail business of electronic cigarettes, it shall apply to the competent administrative department of tobacco monopoly to obtain a tobacco monopoly retail license or change the license scope in accordance with the law.
5. How to apply for a tobacco monopoly production enterprise license?
Answer: Manufacturers of electronic cigarettes, atomizers, and nicotine for electronic cigarettes should apply for a tobacco monopoly production enterprise license. Applicants can apply to the license application window of the provincial tobacco monopoly administrative department (including Dalian City and Shenzhen Tobacco Monopoly Bureau, the same below) where their domicile (main business place or business place, the same below) is located or the tobacco monopoly administrative director of the State Council. An application is made on the online platform for administrative licensing of departmental government services. For detailed processing procedures, required materials, etc., you can log in to the government website of the tobacco monopoly administrative department under the State Council.
During the transition period, the administrative department of tobacco monopoly will accept market entities that have registered with the market supervision department before the issuance of the Decision on November 10, 2021, and have truthfully completed the information declaration of e-cigarette production and operation entities (i.e., the stock of e-cigarettes, atomizers, etc.). , e-cigarette nicotine production enterprises, etc.); temporarily do not accept applications for licenses to expand production capacity such as existing e-cigarettes, atomizers, e-cigarette nicotine production enterprises (the specific acceptance time will be notified separately); License applications for newly established electronic cigarettes, atomizers, and nicotine used in electronic cigarettes or production sites in violation of regulations during the transition period. From May 5, 2022, existing manufacturers of electronic cigarettes, atomizers, and nicotine for electronic cigarettes can submit their intention to apply for a tobacco monopoly production enterprise license to the provincial tobacco monopoly administrative department where they domiciled, and then follow the Listing requires the submission of a formal application.
After the transition period, the administrative department of tobacco monopoly will accept the license applications of market entities that comply with laws, regulations and relevant regulations.
6. How to apply for a tobacco monopoly wholesale enterprise license?
A: Only companies that have obtained a license for a tobacco monopoly wholesale enterprise can apply to engage in the wholesale business of electronic cigarettes. An enterprise that has obtained a license for a tobacco monopoly wholesale enterprise can only engage in the wholesale business of electronic cigarettes after obtaining the approval of the tobacco monopoly administrative department to change the scope of the license.
7. How to apply for a tobacco monopoly retail license?
Answer: Market entities engaged in the retail business of electronic cigarettes (including pods, smoking sets, and products sold in combination with pods and smoking sets, etc.) can go through the prefecture-level, county-level tobacco monopoly license application window or the State Council Tobacco Monopoly at the location of their business premises. The administrative department in charge of government affairs services the administrative licensing online platform to apply for a tobacco monopoly retail license. For detailed processing procedures, required materials, etc., you can log in to the government website of the tobacco monopoly administrative department under the State Council.
During the transition period, the administrative department of tobacco monopoly will accept e-cigarette retail market entities (i.e., stock e-cigarettes) that have been registered with the market supervision department before the issuance of the Decision on November 10, 2021, and have truthfully completed the information declaration of e-cigarette production and operation entities. Retail market entities) license applications; license applications from new e-cigarette retail market entities that violate regulations during the transition period will not be accepted. From June 1, 2022, the main players in the stock e-cigarette retail market can submit an application for a tobacco monopoly retail license to the prefecture-level, county-level tobacco monopoly administrative department where their business premises are located.
After the transition period, the administrative department of tobacco monopoly will accept the license applications of market entities that comply with laws, regulations and relevant regulations.
8. Why conduct a technical review of electronic cigarette products? how to apply?
A: Technical review is a necessary measure to safeguard the health of the people and the legitimate rights and interests of consumers, and to ensure product quality and safety. The technical review work shall be carried out by professional organizations organized by the tobacco monopoly administrative department of the State Council. After the implementation of the “Measures for the Administration of Electronic Cigarettes”, applicants can submit a technical review application to the provincial tobacco monopoly administrative department where the enterprise is located through the electronic cigarette technical review management system.
9. When will the e-cigarette transaction management platform be launched?
A: The construction of a unified national e-cigarette transaction management platform is an important link in regulating the order of the e-cigarette market and promoting the orderly operation of the e-cigarette industry. After the transaction management platform is launched, e-cigarette-related production enterprises, wholesale enterprises and retail market entities that have obtained tobacco monopoly licenses, and e-cigarette products that have passed technical review should all be traded on the platform.
From June 15, 2022, e-cigarette-related production enterprises, wholesale enterprises and retail market entities that have obtained tobacco monopoly-related licenses will gradually conduct transactions on the platform.
10. What are the outstanding features of the technical content of the national standard of “Electronic Cigarette”?
A: The “Measures for the Administration of Electronic Cigarettes” explicitly prohibits the sale of flavored electronic cigarettes other than tobacco flavors and electronic cigarettes that can be added with atomizers. Based on the regulatory requirements of the “Measures for the Administration of Electronic Cigarettes”, in line with international regulatory trends, and drawing on international regulatory experience, the national standards for “Electronic Cigarettes” propose scientifically applicable technical content. Electronic delivery systems for the generation of aerosols for human smoking, etc.”, including nicotine-free electronic cigarettes in the definition of electronic cigarettes. Second, since flavored e-cigarettes such as fruit, food, and beverages and nicotine-free e-cigarettes are highly attractive to minors and are easy to induce minors to smoke, the standard clearly stipulates that the characteristic flavors of products should not be displayed in addition to tobacco. Other flavors, and clearly require that “aerosols should contain nicotine”, that is, e-cigarette products that do not contain nicotine shall not enter the market for sale. Third, the standard is based on the principles of use of additives. After sufficient safety risk assessment and demonstration, experimental verification and extensive consultation, the standard clearly lists 101 kinds of additives that are allowed to be used, and is included in the “white list” of additives.
11. The national standard for “E-Cigarette” will be officially implemented on October 1 this year. What considerations are based on setting the implementation date?
Answer: According to the relevant provisions of Article 25 of the “Standardization Law of the People’s Republic of China”, products and services that do not meet the mandatory standards shall not be produced, sold, imported or provided. After the standard is officially implemented, e-cigarette products sold on the market must meet national standards. Considering that after the release of the national standard “E-Cigarette”, e-cigarette manufacturers need to design products in compliance with the requirements of the standard, complete product transformation, and apply to relevant departments for product testing and technical review, all of which require certain work. time, so a 5-month implementation transition period was set. During the transition period, e-cigarette manufacturers should carry out standard publicity and implementation training, in-depth understanding of standard technical content, and achieve product compliance as soon as possible.
12. What tasks will the administrative departments of tobacco monopoly at all levels focus on in terms of e-cigarette-related government services?
A: Tobacco monopoly administrative departments at all levels will actively carry out policy publicity, guide e-cigarette production and operation entities to be honest and trustworthy, fulfill product quality and safety responsibilities, and carry out production and operation activities in accordance with laws and regulations. In accordance with the reform requirements of “delegating power, delegating power, regulating services”, improving the level of standardization, standardization and facilitation of government services, improving government service platforms, strengthening business guidance and government services for relevant business entities, and guiding e-cigarette production and business entities to comply with the “E-cigarette Management Measures”, ” Electronic Cigarettes” national standards and relevant policy requirements, application for relevant licenses and product technical review, etc., fully protect the legitimate rights and interests of administrative counterparts.
13. In the near future, what measures have the administrative departments of tobacco monopoly mainly taken to investigate and punish violations of laws and regulations involving e-cigarettes?
A: Tobacco monopoly administrative departments will supervise and urge various types of Electronic cigarette market entities shall carry out production and operation business in accordance with laws and regulations, and investigate and punish behaviors violating relevant policies and requirements during the transition period in accordance with the law. Work with and cooperate with relevant departments to strengthen special governance, focus on cleaning up e-cigarette sales outlets and e-cigarette vending machines around primary and secondary schools, delete information on online sales of e-cigarettes, investigate and deal with illegal cases such as selling e-cigarettes to minors, and detect additional
China Electronic Cigarette Factory/ The best electronic cigarette factory in China/Cheap vape /vape pen/ vape pod/ .The New vape /vape pen/ vape pod/ Popular/fashionable/prevalent vape /vape pen/ vape pod/No leakage/ No leak vape /vape pen/ vape pod/ delicious flavor vape /vape pen/ vape pod/ vape /vape pen/ vape pod/ Wholesaler/vape /vape pen/ vape pod/ manufacturers/ vape /vape pen/ vape pod/ suppliers/ vape /vape pen/ vape pod/ actory、Customized/vape /vape pen/ vape pod/ Free Sample/vape /vape pen/ vape pod/ buy discount/ vape /vape pen/ vape pod/ quotation/Top vape /vape pen/ vape pod/ Best vape /vape pen/ vape pod/ vape /vape pen/ vape pod/ in stock/ vape /vape pen/ vape pod/ near me
