On September 28, the State Tobacco Monopoly Administration issued a notice on matters related to strengthening the supervision of electronic cigarettes. The following is the full text of the notice:
State Tobacco Office [2022] No. 118
Provincial Tobacco Monopoly Bureaus:
In order to thoroughly implement the major decision of the Party Central Committee and the State Council to strengthen the supervision of electronic cigarettes, strictly implement the spirit of the “Decision of the State Council on Amending the Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China”, and guide the main players in the electronic cigarette market to gradually adapt to the “Measures for the Administration of Electronic Cigarettes”. (State Tobacco Monopoly Administration Announcement No. 1 of 2022), the mandatory national standard for Electronic Cigarettes (GB 41700-2022) and related supporting policies and measures, give qualified electronic cigarette market entities sufficient time to prepare for administrative licensing-related matters , carry out product compliance design, complete product transformation and other work, the State Tobacco Monopoly Administration has reasonably set up a transition period for electronic cigarette supervision. During the transition period, various regulatory work was stable, orderly and coordinated, laying a good foundation for promoting the gradual realization of legal supervision of the e-cigarette market and the incorporation of the e-cigarette industry into the track of legalization and standardization.
In order to continue to promote the legal and standardized governance of e-cigarettes, effectively protect the health and safety of the people, standardize the operation of the e-cigarette industry, and effectively deal with the remaining issues during the transition period, the relevant matters are hereby notified as follows.
1. The main players of the electronic cigarette market shall carry out production and operation activities according to the law
(1) From October 1, 2022, e-cigarette market entities engaged in the production and operation of e-cigarettes shall obtain a tobacco monopoly license, 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” and “Tobacco Monopoly Law of the People’s Republic of China”. E-Cigarette Management Measures, Mandatory National Standards for E-Cigarettes, various supporting policies and regulations of the State Tobacco Monopoly Administration, etc. to carry out production and business activities. Electronic cigarette manufacturers, atomizer manufacturers, manufacturers of nicotine for electronic cigarettes, wholesale enterprises of electronic cigarettes, and retail entities of electronic cigarettes that have obtained tobacco monopoly licenses in accordance with the law shall conduct transactions through the electronic cigarette transaction management platform. The transportation of electronic cigarette products, atomizers, nicotine for electronic cigarettes, etc., shall be subject to the supervision of the Tobacco Monopoly Bureau, and logistics documents shall be prepared and attached according to relevant regulations.
(2) Electronic cigarette products sold domestically shall comply with the mandatory national standards of “Electronic Cigarettes” and the “Regulations on Warning Signs of Electronic Cigarettes” (Guoyanban [2022] No. 64). Electronic 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; if the destination country or region does not have relevant laws, regulations and standards, they shall comply with the laws, regulations and standards of our country Relevant requirements to ensure the quality and safety of exported products. Electronic cigarette-related production enterprises that have obtained a tobacco monopoly production enterprise license and engage in export business shall file for export on the electronic cigarette transaction management platform.
(3) Tobacco monopoly bureaus at all levels should earnestly perform their supervisory duties, strengthen market supervision in accordance with the law, continuously improve government services, and continue to promote the legalization and standardization of e-cigarette governance. Accept applications for licenses of e-cigarette-related production enterprises, wholesale enterprises, and retail entities in accordance with the law, and handle them in accordance with the relevant regulations and operating instructions that will take effect on October 1, 2022.
2. Reiterate relevant prohibitive provisions
(1) Individuals, legal persons or other organizations that have not obtained a tobacco monopoly license shall not carry out e-cigarette related production and operation business, and the licensed entity shall not carry out production and operation business beyond the scope of the license.
(2) No individual, legal person or other organization may sell electronic cigarette products, vaping products and nicotine for electronic cigarettes through information networks other than the electronic cigarette transaction management platform stipulated in the “Measures for the Administration of Electronic Cigarettes”.
(3) Products that do not meet the mandatory national standards for Electronic Cigarettes, that is, have not passed the technical review, shall not be sold in the domestic market. The e-cigarette products on the market must be consistent with the product information that has passed the technical review.
(4) It is forbidden to publish electronic cigarette advertisements in the mass media or public places, public transportation, and outdoors. Any form of e-cigarette advertising to minors is prohibited. It is prohibited to use advertisements and public service advertisements of other goods or services to promote the name, trademark, packaging, decoration and similar content of electronic cigarettes. The relocation, name change, recruitment and other notices issued by electronic cigarette manufacturers or sellers shall not contain electronic cigarette names, trademarks, packaging, decoration and similar content. It is prohibited to hold exhibitions, forums, expositions, etc. to promote electronic cigarette products in various forms.
(5) Electronic cigarette sales outlets shall not be set up around ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools, and kindergartens. Electronic cigarette retail entities must purchase electronic cigarette products from local electronic cigarette wholesale enterprises, and shall not exclusively deal in the sale of electronic cigarette products on the market, and shall not sell electronic cigarette products to minors; warning signs shall be set up in the business premises, and self-service sales methods shall not be used. Sale or disguised sale of e-cigarette products.
(6) Limit management of electronic cigarette products, atomized products, nicotine used in electronic cigarettes, and electronic cigarette products carried in other places, and shall not exceed the limit set by the relevant competent department of the State Council.
3. Properly handle the remaining issues related to the transition period
During the transition period, the licenses of all eligible existing e-cigarette market players have been completed. In order to protect the legal rights of enterprises, the State Tobacco Monopoly Administration and the Provincial Tobacco Monopoly Bureau will accept objections from existing e-cigarette-related manufacturers after the transition period.
(1) The subject of the objection. Existing e-cigarette-related production enterprises that were established and obtained business licenses before November 10, 2021, expressed their willingness to apply during the transition period and considered themselves to be existing e-cigarette-related production enterprises, but have not been certified.
(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 place, business place) is located.
(4) Ways to raise objections. The objector should be raised in writing, mainly including the following materials:
1. The company name, legal domicile, legal representative (person in charge) name, contact name and telephone and email address of the objecting company;
2. Specific and clear objections;
3. The factual basis for the objection and relevant supporting materials;
4. Date of objection.
The above written materials should 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 Administration and the Provincial Tobacco Monopoly Administration shall verify and handle the objection raised by the enterprise.
State Tobacco Monopoly Administration
September 28, 2022
Source: State Tobacco Monopoly Administration
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