Article 1 In order to investigate and deal with the illegal production of cigarettes and maintain the order of cigarette production and sales, these Provisions are formulated according to the Tobacco Monopoly Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), combined with the actual situation of this province. Article 2 The term "illegal production of cigarettes" as mentioned in these Provisions refers to the act of producing cigarettes without the license of a tobacco monopoly production enterprise. Article 3 Whoever produces cigarettes without the license of a tobacco monopoly production enterprise shall be ordered by the tobacco monopoly administrative department to close down, confiscate the illegal income, impose a fine of more than 2 times the value of illegally produced cigarettes 1, and publicly destroy the illegally produced cigarettes. Article 4 Whoever sells illegally produced cigarettes shall be ordered by the department of tobacco monopoly administration to stop selling, confiscate the illegal income, impose a fine of more than 20% and less than 50% of the total illegal sales, and publicly destroy the illegally sold cigarettes. Article 5 Whoever knowingly provides equipment, places, accounting and other facilities for illegally produced cigarettes or illegally produced cigarettes shall be dealt with in accordance with the provisions of relevant laws and regulations; Where there are no provisions in relevant laws and regulations, the department of tobacco monopoly administration shall order it to stop the illegal act and impose a fine ranging from 5,000 yuan to 30,000 yuan. Article 6 The department of tobacco monopoly administration or the department of tobacco monopoly administration in conjunction with relevant departments may inspect and deal with the activities of transporting illegally produced cigarettes according to law. Article 7 Whoever consigns or transports illegally produced cigarettes shall be confiscated by the department of tobacco monopoly administration, and a fine of more than 20% and less than 50% of the value of illegally transported cigarettes shall be imposed.

If the carrier knowingly transports illegally produced cigarettes, the department of tobacco monopoly administration shall confiscate the illegal income and may impose a fine of more than 60% but less than 20% of the value of the illegally transported cigarettes. Article 8 After the illegally produced cigarettes are seized, if the parties concerned evade camouflage or means of transport, the department of tobacco monopoly administration shall issue an announcement and order the parties concerned to accept the treatment within 3 months; If the party concerned refuses to accept the treatment within the time limit, the department of tobacco monopoly administration shall apply to the grassroots people's court where the illegal act occurred to determine that the property is ownerless.

If the camouflage uniforms specified in the preceding paragraph are fresh, perishable or invalid, the department of tobacco monopoly administration may auction the camouflage uniforms in advance in accordance with the law during the warranty period while issuing an announcement. Article 9 Illegally produced cigarettes seized by relevant departments according to law or illegally produced cigarettes sold and transported shall be handed over to the department of tobacco monopoly administration for unified organization and destruction, and it is forbidden to sell them in any way. Article 10 Before the tobacco monopoly administrative department makes a decision on administrative punishment of a relatively large fine in accordance with these Provisions, it shall inform the parties concerned of their right to request a hearing; If a party requests a hearing, the department of tobacco monopoly administration shall organize a hearing.

The relatively large amount of fines prescribed in the preceding paragraph shall be implemented in accordance with the relevant provisions of the tobacco monopoly administration department of the State Council. Eleventh if a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. Twelfth illegal production of cigarettes or the sale and transportation of illegally produced cigarettes, which constitutes a crime, shall be investigated for criminal responsibility according to law. Thirteenth illegally produced cigarettes, counterfeit registered trademarks of others, its value is calculated with reference to the market sales price of counterfeit genuine cigarettes; If a registered trademark of another person is not counterfeited, its value shall be calculated by referring to the market selling price of the cigarette in the same period where the illegal act occurred. Fourteenth penalties for other illegally produced tobacco products and the sale and transportation of other illegally produced tobacco products shall be implemented with reference to these Provisions. Fifteenth sales of cigarettes should be affixed with tobacco monopoly anti-counterfeiting labels. Article 16 These Provisions shall come into force as of the date of promulgation.