E-cigarette legal prohibitions:
1. Individuals, legal persons or other organizations that have not obtained a tobacco monopoly license are not allowed to carry out e-cigarette related production and business operations, and the licensed entities are not allowed to exceed Carry out production and business operations within the scope of the license.
2. No individual, legal person or other organization may sell e-cigarette products, aerosols and nicotine for e-cigarettes through information networks other than the e-cigarette transaction management platform stipulated in the "E-cigarette Management Measures".
3. Products that do not meet the mandatory national standards of "E-Cigarettes", that is, have not passed technical review, may not be sold in the domestic market. The information on e-cigarette products on the market must be consistent with that of products that have passed technical review.
4. It is prohibited to publish e-cigarette advertisements in mass media or public places, public transportation, or outdoors. It is prohibited to send any form of e-cigarette advertising to minors. It is prohibited to use advertisements and public service announcements for other goods or services to promote the name, trademark, packaging, decoration and similar content of e-cigarettes. Announcements of relocation, name change, recruitment, etc. issued by e-cigarette manufacturers or sellers shall not contain e-cigarette names, trademarks, packaging, decoration and similar content. It is prohibited to hold various exhibitions, forums, expos, etc. that promote e-cigarette products.
5. E-cigarette sales outlets are not allowed to be set up around ordinary primary and secondary schools, special education schools, secondary vocational schools, vocational schools, and kindergartens. E-cigarette retail entities must purchase e-cigarette products from local e-cigarette wholesale enterprises, are not allowed to exclusively operate e-cigarette products on the market, and are not allowed to sell e-cigarette products to minors; warning signs should be set up at the business premises, and self-service sales are not allowed. Selling or selling e-cigarette products in disguised form.
6. E-cigarette products, aerosols, nicotine for e-cigarettes, and e-cigarette products carried into the country for delivery and transportation to other places are subject to limited limit management, and must not exceed the limits stipulated by the relevant competent authorities of the State Council.
E-cigarette market entities should carry out production and business activities in accordance with the law:
1. Starting from October 1, 2022, e-cigarette market entities engaged in the production and operation of e-cigarettes must obtain a tobacco monopoly license Certificate, 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 "E-Cigarette Management Measures", "E-Cigarette" mandatory national standards, and the National Tobacco Monopoly Carry out production and business activities in accordance with the bureau's supporting policies and regulations. E-cigarette manufacturers, aerosol manufacturers, nicotine manufacturers for e-cigarettes, e-cigarette wholesale companies, e-cigarette retail entities, etc. that have obtained tobacco monopoly licenses in accordance with the law should conduct transactions through the e-cigarette transaction management platform. The transportation of e-cigarette products, aerosols, nicotine for e-cigarettes, etc. shall be subject to the supervision of the Tobacco Monopoly Bureau, and logistics documents shall be produced and attached in accordance with relevant regulations.
2. E-cigarette products sold within the country should comply with the mandatory national standards for "E-cigarettes" and the "Regulations on E-cigarette Warning Labels" (National Tobacco Office [2022] No. 64). E-cigarette products that are not sold in China and are only for export should 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 should comply with my country's laws, regulations and standards Relevant requirements to ensure the quality and safety of export products. E-cigarette related production enterprises that have obtained a tobacco monopoly production enterprise license and are engaged in export business shall conduct export registration on the e-cigarette transaction management platform.
3. Tobacco monopoly bureaus at all levels should effectively perform their regulatory 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. Applications for licenses from e-cigarette-related manufacturing enterprises, wholesale enterprises, and retail entities shall be accepted in accordance with the law, and shall be processed in accordance with the relevant regulations and service instructions that will take effect on October 1, 2022.
Legal basis:
"E-cigarette Management Measures"
Article 11_
E-cigarette manufacturing enterprises, aerosol production Enterprises and nicotine manufacturers for e-cigarettes must obtain approval from the tobacco monopoly administrative department of the State Council to carry out capital construction or technological transformation to expand production capacity.
Article 17_
Enterprises that obtain a tobacco monopoly wholesale enterprise license shall obtain approval from the tobacco monopoly administrative department,
The scope of the license may be changed only after Engaged in the wholesale business of electronic cigarette products.
Article 19_
The tobacco monopoly administrative department of the State Council shall establish a national unified e-cigarette transaction management platform.
E-cigarette manufacturers, aerosol manufacturers, nicotine manufacturers for e-cigarettes, e-cigarette wholesale companies, e-cigarette retail business entities, etc. that have obtained tobacco monopoly licenses in accordance with the law should use the e-cigarette transaction management platform Make a transaction.
E-cigarette products that have not passed technical review shall not be put on the market for sale. The information on e-cigarette products on the market and those that have passed technical review should be consistent.