The cigarettes sold by the merchants all have serial numbers, indicating that the parties have tobacco licenses. If cigarettes are imported through other channels, the supply of cigarettes will be stopped for one month, and cigarettes with serial numbers will be confiscated. The standard of tobacco fines is: if the illegal facts are conclusive and there is a legal basis, citizens will be given an administrative penalty of less than 50 yuan, and legal persons or other organizations will be given a fine of less than 1000 yuan or a warning, and law enforcement officers can make an administrative penalty decision on the spot.

Procedures for administrative punishment of tobacco monopoly Article 33 The following measures shall be taken according to the circumstances within seven days for the evidence registered and preserved in advance according to law:

(1) Take evidence preservation measures such as copying, photographing and video recording in time;

(two) the need for identification, timely sent to the relevant agencies for identification and inform the parties of the time required;

(three) if it should be transferred to other relevant departments for handling according to law, make a transfer decision and inform the parties in writing;

(four) if the illegal facts are not established or the illegal acts are minor, the administrative punishment may not be imposed according to law, and the decision shall be made to lift the pre-registration and preservation measures and inform the parties concerned. This article is a part of the administrative punishment procedure, that is, evidence preservation, illegal and criminal cases transferred to judicial organs, and counterfeit trademark cases transferred to the administrative department for industry and commerce. If only tobacco is involved, the department of tobacco monopoly administration may make a decision on punishment. If it involves counterfeit cigarettes or illegal business, it may be investigated for criminal responsibility.

legal ground

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products.

Rule number one. Whoever produces or sells fake and inferior cigarettes, cigars and other tobacco monopoly products with a sales amount of more than 50,000 yuan shall be convicted and punished for the crime of producing and selling fake and inferior products in accordance with the provisions of Article 140 of the Criminal Law.

criminal law

Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.