Article 1 In order to regulate tobacco monopoly behavior, safeguard the rights and interests of consumers, protect the legitimate rights and interests of tobacco growers and tobacco product manufacturers and operators, and ensure national and local fiscal revenue, in accordance with the "People's Revolution of the People's Republic of China and the State Council" The Tobacco Monopoly Law and other laws and administrative regulations have been formulated based on the actual conditions of this province.

Article 2 These Measures apply to tobacco cultivation and production, transportation, storage, sales, import and export of tobacco monopoly products within the administrative region of this province.

Article 3 The term “tobacco specialty products” as mentioned in these Measures refers to cigarettes, cigars, shredded tobacco, recured tobacco leaves, tobacco leaves, cigarette paper, filter rods, cigarette tows, and tobacco-specific machinery. Among them, cigarettes, cigars, cut tobacco, and recured tobacco leaves are collectively referred to as tobacco products.

Article 4 The local people’s governments at or above the county level shall cooperate with the tobacco monopoly administrative department at the higher level to strengthen the leadership and supervision of tobacco monopoly management and coordinate the resolution of major issues in tobacco monopoly management. .

Tobacco monopoly administrative departments at all levels are responsible for the management of tobacco monopoly within their respective administrative regions.

Administrative departments such as public security, industry and commerce, quality and technical supervision, price, transportation, railways, civil aviation, postal services, and customs shall, in accordance with their respective responsibilities, coordinate to manage tobacco monopoly.

Article 5 The state and society shall strengthen publicity and education on the health hazards of smoking, prohibit or restrict smoking in public transportation and public places, discourage young people from smoking, and prohibit primary and secondary school students from smoking.

Article 6 The tobacco monopoly administrative department shall perform the following duties:

(1) Promote, implement and implement tobacco monopoly management laws and regulations;

( 2) Investigate and handle cases that violate tobacco monopoly laws and regulations in accordance with the law;

(3) Responsible for the review, issuance and management of tobacco monopoly licenses, shipping permits and other documents;

(4) ) To undertake the relevant tobacco monopoly management work assigned by the superior tobacco monopoly administrative department and the people's government at the same level.

Article 7 Tobacco companies shall sign tobacco leaf production and purchase contracts with tobacco leaf growers in accordance with the tobacco leaf purchase plan and planting plan issued by the state, stipulate the tobacco leaf planting area and the rights and obligations of both parties, promote excellent varieties, and provide necessary technical services and financial support.

Article 8 Tobacco companies shall establish tobacco leaf purchase stations (points) in tobacco leaf planting areas in accordance with the law, and purchase tobacco leaves uniformly in accordance with the purchase standards and prices stipulated by the state. No other unit or individual may purchase tobacco leaves.

Tobacco leaf purchasing stations (points) should display tobacco leaf grade samples that meet national standards, publish grade prices, and strictly implement measurement standards and quality grade standards.

Article 9 prohibits the following behaviors in the purchase of tobacco leaves:

(1) Purchasing tobacco leaves at lower grades and lower prices;

(2) Refusing to accept the planting stipulated in the contract area to produce tobacco leaves;

(3) Defaulting in payment for tobacco leaf purchases;

(4) Covering and condoning the illegal purchase of tobacco leaves, and providing convenient conditions for the illegal purchase of tobacco leaves.

Article 10 If tobacco leaf growers have objections to the tobacco leaf grade determined by the tobacco leaf purchasing station (point), the tobacco monopoly administrative department may organize representatives from relevant departments at the same level, township people's governments and tobacco leaf producers. A tobacco leaf grading panel was formed to review. If tobacco growers or tobacco purchase stations (points) are dissatisfied with the review results, they may apply to the local quality and technical supervision department at or above the county level for approval.

Article 11 Tobacco monopoly manufacturing enterprises must strictly implement national quality standards, strive to reduce the content of harmful ingredients, and improve the quality of tobacco products.

Tobacco monopoly manufacturing enterprises shall not supply cigarettes and cigars to operators who do not have a tobacco monopoly wholesale enterprise license.

Article 12 The provincial tobacco monopoly administrative department is responsible for the dispensing of domestic famous and high-quality cigarettes and cigars, and guides tobacco companies at all levels to rationally distribute them, put them on demand, guide consumption, and ensure supply.

Article 13: Tobacco monopoly and wholesale business shall be managed uniformly by tobacco companies.

Tobacco monopoly wholesale enterprises shall not provide tobacco products to units or individuals without a tobacco monopoly retail license.

Article 14 Those who do not have a tobacco monopoly and wholesale enterprise license, provide supply to cigarette and cigar retail businesses and individuals, or sell more than 50 cigarettes and cigars at one time, are deemed to have no tobacco monopoly wholesale Enterprise license to engage in wholesale business of tobacco products.

Article 15 Cigarettes and cigars wholesaled by tobacco monopoly wholesale enterprises shall bear the tobacco monopoly anti-counterfeiting mark. Tobacco monopoly anti-counterfeiting labels are under the unified management of the provincial tobacco monopoly administrative department.

Article 16 Enterprises or individuals operating tobacco product retail business shall apply to the tobacco monopoly administrative department for a tobacco monopoly retail license. Only after obtaining the business license after approval by the industrial and commercial administrative department, may they operate within the geographical scope.

Article 17 Enterprises and individuals that have obtained a tobacco monopoly retail license in accordance with the law shall purchase goods from the tobacco monopoly wholesale enterprise where the license issuance authority is located.

Cigarettes and cigars stored and sold by cigarette retail businesses and individuals should have tobacco monopoly anti-counterfeiting labels.

Article 18 The following acts are prohibited in the production and operation of tobacco specialty products:

(1) Producing and selling counterfeit and shoddy tobacco specialty products;

( 2) Selling smuggled tobacco specialty products;

(3) Providing equipment, premises, funds, accounts, transportation and other convenient conditions for smuggling tobacco specialty products or producing and selling counterfeit and shoddy tobacco specialty products;

(4) Illegally purchasing cigarettes and cigars for business purposes.

Article 19 It is prohibited to broadcast or publish tobacco advertisements on radio stations, television stations, newspapers and periodicals.

Article 20 Those transporting tobacco monopoly products must have a transportation permit issued by the tobacco monopoly administrative department.

Anyone who commits any of the following acts will be deemed to be transporting tobacco specialty goods without a shipping permit:

(1) Using an expired, copied, altered, forged or reused shipping permit ;

(2) The transported tobacco specialty products are inconsistent with the varieties, specifications, quantities, transfer-in and transfer-out units and delivery locations approved on the shipment permit;

(3) ) Without certification from the tobacco monopoly administrative department, mailing or carrying tobacco leaves or tobacco products in other places exceeds more than 1 times the limit stipulated by the relevant departments of the State Council;

(4) Tobacco monopoly product transportation permit cannot be provided in Valid proof of local purchase of tobacco specialty products.

Article 21 The permanent representative offices of foreign tobacco companies and tobacco enterprises outside the province shall obtain the cigarettes and cigars required for promotional activities on cigarettes and cigars within the administrative region of the province from the provincial tobacco monopoly administrative director. Tobacco monopoly wholesale enterprises designated by the department purchase goods. If the state has other regulations, such regulations shall prevail.

Article 22: When investigating and handling cases that violate tobacco monopoly laws and regulations, the tobacco monopoly administrative department may exercise the following powers:

(1) Question parties and suspects in illegal cases persons and witnesses;

(2) Check and copy contracts, invoices, account books, documents, records, documents, business correspondence and other materials related to illegal activities;

(3) ) Conduct tobacco monopoly inspections on their own or in conjunction with relevant administrative departments in accordance with the law at airports, stations, docks, commodity trading markets and tobacco monopoly storage areas;

(4) Based on the obtained evidence of suspected violations or reports , on their own or in conjunction with relevant administrative departments, inspect vehicles or ships illegally transporting tobacco monopoly products in accordance with the law;

(5) When handling relevant items involved in the case, if the items may be lost or it will be difficult to obtain evidence in the future, you may Pre-registration and preservation;

(6) Other powers stipulated in laws and regulations.

Article 23: Tobacco monopoly administrative law enforcement personnel shall not be less than two people during a law enforcement inspection, and shall present inspection certificates issued by the tobacco monopoly administrative departments at or above the provincial level; if no valid certificates are produced, the parties concerned shall have the right to Refusal to inspect.

Article 24 Tobacco monopoly products confiscated by relevant administrative law enforcement agencies and judicial agencies in accordance with the law shall be publicly destroyed, auctioned, or purchased by tobacco companies in accordance with national regulations.

Article 25 Anyone who violates the provisions of Items (1), (2) and (3) of Article 9 of these Measures shall be ordered to make corrections by the tobacco monopoly administrative department; if he refuses to make corrections, the tobacco leaves shall be The person in charge of the purchasing station (point) and other directly responsible personnel shall be given administrative sanctions in accordance with the law; if losses are caused to tobacco leaf growers, the tobacco company shall compensate according to the law.

Those who violate the provisions of Article 9 (4) of these Measures shall be ordered to make corrections by the tobacco monopoly administrative department and their illegal gains shall be confiscated.

Article 26 Anyone who violates the provisions of paragraph 2 of Article 11 and paragraph 2 of Article 13 of these Measures shall be fined not less than 20% but not more than 50% of the total sales by the tobacco monopoly administrative department. .

Article 27 Anyone who violates the provisions of Article 16 of these Measures and operates tobacco product retail business without a tobacco monopoly retail license shall be ordered to make corrections by the industrial and commercial administrative department or the tobacco monopoly administrative department, and shall be The administrative department for industry and commerce shall confiscate illegal gains and impose a fine of not less than 20% but not more than 50% of the value of illegally operated tobacco products. The tobacco products sold illegally shall be purchased by the tobacco monopoly administrative department at prices set by the state.

Article 28 For those who violate the second paragraph of Article 17 of these Measures, the tobacco monopoly administrative department shall confiscate cigarettes and cigars without tobacco monopoly anti-counterfeiting marks, and confiscate illegal income.

Article 29 Anyone who violates the provisions of Article 18 (1) of these Measures shall be ordered by the tobacco monopoly administrative department or jointly with relevant departments to stop the illegal activities and confiscate the counterfeit products produced and sold. Counterfeit and shoddy tobacco specialty products, illegal income, and tools, equipment, raw and auxiliary materials, and packaging materials used to produce and sell counterfeit and shoddy tobacco specialty products shall be fined more than 1 and 3 times the value of the illegal production and sale of counterfeit and shoddy tobacco specialty products. fines below; if the circumstances are serious, the production license, business license and operating license shall be revoked in accordance with the law.

Article 30 Anyone who violates the provisions of Article 18 (2) of these Measures shall have the illegal income and smuggled tobacco monopoly products confiscated by the tobacco, industry and commerce, and customs administrative departments, and shall be fined for smuggling tobacco monopoly products. A fine of not less than 1 time but not more than 3 times the value of the goods shall be imposed.

Article 31 Anyone who violates the provisions of Article 18 (3) of these Measures shall be ordered to make corrections by the tobacco monopoly administrative department and the illegal gains shall be confiscated.

Article 32 Anyone who violates the provisions of Article 18 (4) of these Measures shall have the illegal income and illegally purchased cigarettes and cigars confiscated by the tobacco monopoly administrative department.

Article 33 If staff of tobacco monopoly administrative departments, tobacco companies and relevant law enforcement agencies take advantage of their powers and commit any of the following acts, they shall be given administrative sanctions in accordance with relevant national regulations; if they cause losses to the parties concerned, they shall be punished. Compensation shall be made in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Illegal operation of tobacco monopoly products; (2) Unauthorized handling or private distribution of confiscated tobacco monopoly products;

(3) Smuggling tobacco specialty products;

(4) Manufacturing and selling counterfeit and shoddy tobacco specialty products;

(5) Producing illegal business, smuggling, and manufacturing Facilitating the sale of counterfeit and shoddy tobacco specialty products;

(6) Other acts of abuse of power, malpractice for personal gain or dereliction of duty.

Article 34 If the party concerned is dissatisfied with the penalty decision made by the administrative law enforcement agency, he may apply for administrative reconsideration to the superior authority of the authority that made the penalty decision or file an administrative lawsuit with the People's Court in accordance with the law.

If the party concerned fails to apply for administrative reconsideration or file a lawsuit in 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 enforcement.

Article 35 If the administrative law enforcement agency violates the provisions of these Measures and constitutes a crime, it shall be transferred to the judicial agency for investigation of criminal responsibility in accordance with the law. If the case should be transferred but is not, it will be handled in accordance with the State Council's "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies".

Article 36 The value of tobacco specialty products as mentioned in these Measures refers to the value calculated based on the local market sales price of genuine tobacco specialty products of the same product name during the same period.

Article 37: The provincial tobacco monopoly administrative department is responsible for interpretation of problems arising from the specific application of these Measures.

Article 38 These Measures shall come into effect on January 1, 2002.