Tobacco monopoly. It is definitely illegal for families to produce their own cigarettes and sell them. ?

Penalty in accordance with Article 30 of the "Tobacco Monopoly Law" shall be implemented in accordance with the following provisions:

If there is no tobacco monopoly production enterprise license to produce tobacco products, the Tobacco Monopoly Administration The competent department orders the company to close down, confiscate the illegal gains, impose a fine of not less than one time but not more than twice the value of the tobacco products produced, and publicly destroy the illegally produced tobacco products;?

Article 57: None Anyone who has a tobacco monopoly retail license to engage in the retail business of tobacco products shall be ordered by the administrative department for industry and commerce or based on the opinions of the administrative department of tobacco monopoly to stop operating the retail business of tobacco products, confiscate the illegal income, and impose a fine of 20% of the total illegal business amount More than 50% and less than 50% of the penalty.

Extended information:

Legal liability under the Tobacco Monopoly Law of the People's Republic of China:

Article 28 Purchasing tobacco leaves without authorization in violation of the provisions of this Law , the tobacco monopoly administrative department shall impose a fine and purchase the illegally purchased tobacco leaves at 70% of the average purchase price of tobacco leaves in the previous year issued by the provincial tobacco monopoly administrative department in the place where the seizure was made; if the quantity is huge, the illegally purchased tobacco leaves shall be confiscated and illegal gains.

Article 29 If tobacco monopoly products are consigned or self-transported without a transportation permit or in excess of the quantity specified in the transportation permit, the tobacco monopoly administrative department shall impose a fine. The illegally transported tobacco leaves shall be purchased at 70% of the average purchase price of tobacco leaves in the previous year issued by the administrative department.

The illegally transported tobacco other than tobacco leaves shall be purchased at 70% of the market wholesale price. Specialty products; if the circumstances are serious, illegally transported tobacco specialty products and illegal gains will be confiscated.

If the carrier knowingly transports tobacco monopoly goods for units or individuals without a transportation permit, the illegal gains will be confiscated by the tobacco monopoly administrative department and a fine will be imposed.

If the quantity of tobacco leaves and tobacco products carried in other places exceeds the limit specified by the state, and the quantity is large, it shall be dealt with in accordance with the provisions of the first paragraph.

Article 30 If a tobacco monopoly production enterprise produces tobacco products without a license, the tobacco monopoly administrative department shall order it to close down, confiscate its illegal gains, and impose a fine.

If a company does not have a tobacco monopoly production enterprise license to produce cigarette paper, filter rods, cigarette tows or special tobacco machinery, the tobacco monopoly administrative department shall order it to stop producing the above-mentioned products, confiscate the illegal gains, and may combine impose a fine.

Article 31: Anyone who does not have a tobacco monopoly wholesale enterprise license to operate tobacco products wholesale business shall be ordered by the tobacco monopoly administrative department to close or cease operations of tobacco products wholesale business, illegal gains shall be confiscated, and a fine shall be imposed.

Article 32 Anyone who operates the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the industrial and commercial administration department to stop operating the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

Article 33 Whoever produces or sells cigarettes, cigars, or packaged tobacco without a registered trademark shall be ordered by the industrial and commercial administration department to stop production and sales, and shall be fined.

Whoever produces or sells tobacco products that counterfeit other people’s registered trademarks shall be ordered by the industrial and commercial administration department to stop the infringement, compensate the infringer for losses, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 34: Anyone who violates the provisions of Article 20 of this Law and illegally prints trademarks and logos for tobacco products shall have the printed trademarks and logos destroyed by the industrial and commercial administration department, the illegal gains shall be confiscated, and a fine shall be imposed .

Article 35 If the reselling of tobacco monopoly products constitutes a crime, criminal responsibility shall be pursued in accordance with the law; if the circumstances are minor and do not constitute a crime, the industrial and commercial administrative department shall confiscate the resold tobacco monopoly products and illegal gains, and may and impose a fine.

If staff of tobacco monopoly administrative departments and tobacco companies take advantage of their positions to commit the crime in the preceding paragraph, they shall be severely punished in accordance with the law.

Article 36 Anyone who forges, alters, or buys or sells tobacco monopoly production enterprise licenses, tobacco monopoly business licenses, and other licenses and transportation permits stipulated in this Law shall be investigated for criminal liability in accordance with the relevant provisions of the Criminal Law. .

If staff of tobacco monopoly administrative departments and tobacco companies take advantage of their positions to commit the crime in the preceding paragraph, they shall be severely punished in accordance with the law.

Article 37 If the smuggling of tobacco monopoly products constitutes the crime of smuggling, criminal liability shall be investigated in accordance with the relevant provisions of the Criminal Law; if the amount of smuggled tobacco monopoly products is not large and does not constitute the crime of smuggling, the smuggled goods shall be confiscated by the customs , articles and illegal gains, may be fined.

If staff of tobacco monopoly administrative departments and tobacco companies take advantage of their positions to commit the crime in the preceding paragraph, they shall be severely punished in accordance with the law.

Article 38 The tobacco monopoly administrative department has the right to inspect the implementation of this law. Anyone who uses violence or threats to obstruct tobacco monopoly inspectors from performing their duties in accordance with the law shall be investigated for criminal responsibility in accordance with the law; anyone who refuses or obstructs tobacco monopoly inspectors from performing their duties in accordance with the law without using violence or threats shall be punished by the public security organs in accordance with the provisions of the Public Security Administration Punishment Law.

Article 39: Staff members of the People’s Court and relevant departments handling illegal cases who privately distribute confiscated tobacco products shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law.

If staff members of the People's Court and relevant departments handling illegal cases purchase confiscated tobacco products, they shall be ordered to return them and may be given administrative sanctions.

Article 40 If any staff member of the tobacco monopoly administrative department or tobacco company abuses his or her power, engages in malpractice for personal gain, or neglects his or her duties, administrative sanctions shall be imposed; if the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law.

Article 41 If the party concerned is dissatisfied with the administrative penalty decision made by the tobacco monopoly administrative department and the industrial and commercial administrative department, he may file a complaint with the authority that made the penalty decision within fifteen days from the date of receiving the penalty notice. The higher-level authority may apply for reconsideration; the party concerned may also file a lawsuit directly with the People's Court within fifteen days from the date of receiving the penalty notice.

The review authority shall make a review decision within 60 days from the date of receipt of the review application. If the party concerned is dissatisfied with the review decision, he or she may bring a lawsuit to the People's Court within 15 days from the date of receipt of the review decision; if the review authority fails to make a review decision within the time limit, the party concerned may bring a lawsuit to the People's Court within 15 days from the expiration of the review period.

If the party concerned fails to apply for reconsideration or bring a lawsuit to the People's Court within the time limit, and fails to implement the penalty decision, the agency that made the penalty decision may apply to the People's Court for compulsory execution.

Baidu Encyclopedia—Tobacco Monopoly Law of the People's Republic of China