Legal Analysis

Whoever operates tobacco monopoly products without a license shall have the tobacco monopoly products operated without a license confiscated by the industrial and commercial administrative department or the tobacco monopoly administrative department, and may also be punished A fine of not less than 50% but not more than one time of the value of the tobacco specialty products operated without a license shall be imposed. In case of violation of relevant regulations, the tobacco monopoly administrative department, industrial and commercial administrative department or quality and technical supervision and management department shall confiscate production equipment, tobacco monopoly products, illegal income, "fake cigarettes" and counterfeit cigarette trademarks and facilitate the production and sale of counterfeit goods. tools; a fine of not less than one time but not more than five times the value of the trademarks of counterfeit cigarettes and counterfeit cigarettes seized and sold may be imposed; if the illegal income is difficult to determine, a fine of not more than 30,000 yuan may be imposed. Anyone who 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.

Legal Basis

"Tobacco Monopoly Law of the People's Republic of China" Article 30 If a tobacco monopoly production enterprise does not have a license to produce tobacco products, the tobacco monopoly administrative department shall Order to close, confiscate illegal gains, and impose fines. Those who do not have a tobacco monopoly production enterprise license to produce cigarette paper, filter rods, cigarette tows or special tobacco machinery shall be ordered by the tobacco monopoly administrative department to stop the production of the above-mentioned products, the illegal gains shall be confiscated, and a fine may be imposed.