The so-called illegally produced tobacco products refer to cigarettes, cigars and packaged cut tobacco that are issued by the tobacco quality inspection station designated by the product quality supervision and administration department of the people's government at or above the provincial level according to law.

No matter whether the operator holds a tobacco monopoly retail license or not, as long as the actor has the following seven behaviors, it should be classified as the illegal act of "selling illegally produced tobacco products":

1. The operator sells illegally produced cigarettes to others in the form of clearly marked prices;

2. The operators put illegally produced cigarettes in business counters or store them in business premises (including warehousing);

3. Substituting illegally produced cigarettes for private debts;

4. The illegal production of cigarettes in exchange for other commodities or property;

5. selling illegally produced cigarettes through public online media (for example, publishing tobacco pictures or words through public media such as WeChat friends circle, and selling, consigning or selling illegally produced cigarettes on behalf of others);

6. selling tobacco monopoly products produced by enterprises that have obtained the license of tobacco monopoly production enterprises in accordance with the law (for example, selling cigarettes printed with the Chinese word "not for sale");

7. Other acts of selling illegally produced tobacco monopoly products.

According to the provisions of Article 58 and Article 14, paragraph 1, of the Regulations on the Implementation of the Tobacco Monopoly Law (administrative regulations), as long as the actor commits the above seven acts, that is, commits an illegal act that constitutes "selling illegally produced tobacco products", the tobacco monopoly bureau shall impose the following administrative penalties and behavioral penalties on the parties concerned according to law:

1. Order to stop selling, confiscate illegal income, and impose more than 2% of the total illegal sales.

2. It can be ordered to suspend tobacco monopoly business and carry out rectification until it is disqualified from engaging in tobacco monopoly business.

however, if the actor sells illegally produced cigarettes for more than 5, yuan, the criminal responsibility of the party concerned shall be investigated for the crime of producing and selling fake and inferior products in accordance with Article 14th of the Criminal Law.

The contents of the reference materials are as follows:

Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China (administrative regulations)

Article 25 No unit or individual may sell illegally produced tobacco products.

article 31 the identification and detection of counterfeit trademark tobacco products shall be carried out by the tobacco quality inspection stations designated by the product quality supervision and management departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government.

article 58 whoever sells illegally produced tobacco monopoly products in violation of the provisions of article 25 and paragraph 1 of article 38 of these regulations shall be ordered by the department of tobacco monopoly administration to stop selling, confiscate the illegal income, impose a fine of more than 2% and less than 5% of the total illegal sales, and publicly destroy the illegally sold tobacco monopoly products.

article 14, paragraph 1, the issuing authority of tobacco monopoly license may regularly or irregularly inspect the enterprises and individuals that have obtained tobacco monopoly licenses. If the inspection fails to meet the requirements of the Tobacco Monopoly Law and these Regulations, the issuing authority of the tobacco monopoly license may order it to suspend the tobacco monopoly business and carry out rectification until it is disqualified from engaging in tobacco monopoly business.

Article 14 of the Criminal Law of the People's Republic of China (Law)

? Producers and sellers who commit the crime of producing and selling fake and inferior products adulterate their products, pass off fake products as genuine ones, pass off substandard products as qualified products, and the sales amount is more than 5, yuan but less than 2, yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined at least 5% but not more than two times the sales amount; If the sales amount is more than 2, yuan but less than 5, yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 5% but not more than two times the sales amount; If the sales amount is more than 5, yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 5% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 5% but less than 2 times the sales amount or his property shall be confiscated.

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 (? Fa Shi [21] No.7)

Article 1 Whoever produces and sells fake and inferior cigarettes, cigars and other tobacco monopoly products with a sales amount of more than 5, yuan shall be convicted and punished for the crime of producing and selling fake and inferior products in accordance with the provisions of Article 14 of the Criminal Law.

if a trademark identical to the registered trademark is used on tobacco monopoly products such as cigarettes and cigars without the permission of the registered trademark owner, if the circumstances are serious, he shall be convicted and punished for counterfeiting the registered trademark in accordance with the provisions of Article 213 of the Criminal Law.

whoever knowingly sells cigarettes, cigars and other tobacco monopoly products with counterfeit registered trademarks of others, and the sales amount is relatively large, shall be convicted and punished for the crime of selling commodities with counterfeit registered trademarks in accordance with the provisions of Article 214 of the Criminal Law.

if the circumstances are serious, whoever forges or makes without authorization the registered trademark logo of another person's cigarettes or cigars, or sells the forged or made without authorization, shall be convicted and punished for the crime of illegally making or selling the illegally made registered trademark logo in accordance with the provisions of Article 215 of the Criminal Law.

those who violate the laws and regulations of the state on tobacco monopoly administration, engage in illegal tobacco monopoly products without the permission of the tobacco monopoly administrative department, the license of tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, special tobacco monopoly enterprise and tobacco monopoly retail license, if the circumstances are serious, shall be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225 of the Criminal Law.