The State Tobacco Monopoly Bureau publicly solicited opinions on the national standard of "Electronic Cigarette" (the second draft for comments).
In order to further strengthen the supervision of new tobacco products such as e-cigarettes, standardize the market order, safeguard people's health and safety, and promote the legalization and standardization of industry governance, the State Tobacco Monopoly Bureau has formulated the Measures for the Administration of E-cigarettes according to the Tobacco Monopoly Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Minors and the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), which are hereby promulgated.
State Tobacco Monopoly Administration
March 2022 1 1
(Voluntary disclosure)
Measures for the administration of electronic cigarettes
Chapter I General Provisions
Article 1 In order to strengthen the management of e-cigarettes and standardize the market order of e-cigarettes, these Measures are formulated in accordance with the Tobacco Monopoly Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Minors and the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC).
Article 2 These Measures shall apply to the production, operation, supervision and management of electronic cigarettes in People's Republic of China (PRC).
Article 3 The term "electronic cigarette" as mentioned in these Measures includes cigarette bombs, smoking sets and products sold in combination of cigarette bombs and smoking sets.
Article 4 The department of tobacco monopoly administration in the State Council shall be in charge of the supervision and administration of e-cigarettes nationwide, and shall be responsible for formulating policies on e-cigarettes industry and organizing their implementation. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the implementation of relevant industrial policies and the supervision and administration of e-cigarettes within their respective administrative areas. Cities and counties with tobacco monopoly administrative departments are responsible for the supervision and management of e-cigarettes within their respective administrative areas.
Article 5 Electronic cigarette products shall meet the mandatory national standards for electronic cigarettes.
The main body of e-cigarette production and operation should be honest and trustworthy, and carry out production and operation activities according to law.
Article 6 The state and society should strengthen publicity and education on the health hazards of smoking electronic cigarettes, discourage teenagers from smoking electronic cigarettes, and prohibit primary and secondary school students from smoking electronic cigarettes.
Chapter II Production and Quality Management
Article 7 The department of tobacco monopoly administration in the State Council shall, according to the inspection report and other application materials, organize professional institutions to conduct technical review on e-cigarette products.
E-cigarette inspection and testing institutions approved by the State Council Tobacco Monopoly Administration Department undertake the inspection, testing, monitoring and evaluation required for supervision and management.
The department of tobacco monopoly administration shall establish a sampling and testing system for electronic cigarettes, and regularly or irregularly inspect or test certified enterprises, individuals and their products.
Article 8 The establishment of electronic cigarette manufacturing enterprises (including product production, agent processing and brand holding enterprises). The same below), aerosol production enterprises and nicotine production enterprises for electronic cigarettes shall be reported to the tobacco monopoly administration department of the State Council for approval in accordance with relevant state regulations before the project can be established. The establishment of the above-mentioned enterprises must be approved by the administrative department of tobacco monopoly in the State Council, obtain the license of tobacco monopoly production enterprise, and be approved and registered by the market supervision and management department; Its division, merger and cancellation must be approved by the department of tobacco monopoly administration in the State Council, and the relevant registration formalities shall be handled with the market supervision and administration department. Without obtaining the license of tobacco monopoly production enterprise, the market supervision and management department shall not approve the registration.
The initial public offering and enterprise stock listing mentioned in the preceding paragraph must be approved by the tobacco monopoly administration department of the State Council.
Article 9 Engaged in the production and business activities of e-cigarette products, aerosols and nicotine for e-cigarettes. , and obtain the license of tobacco monopoly production enterprise, shall meet the following conditions:
(1) Having funds suitable for production;
(2) Having the technology and equipment required for production;
(3) It meets the requirements of the national e-cigarette industry policy;
(four) other conditions stipulated by the administrative department of tobacco monopoly in the State Council.
If the above-mentioned production enterprises need permission from other relevant departments, they shall also obtain corresponding permission.
E-cigarette brand holders applying for the license of tobacco monopoly production enterprise shall not only meet the conditions specified in items 1, 3 and 4 of the first paragraph, but also submit application materials such as e-cigarette entrustment agreement.
The applicant shall be responsible for the legality, authenticity and completeness of the contents of his application materials.
Article 10 If an e-cigarette business unit holding a tobacco monopoly production enterprise license changes its license scope or has other circumstances stipulated by the tobacco monopoly administrative department of the State Council, it shall re-apply for a tobacco monopoly license; Where other registered items change, the tobacco monopoly license shall be changed in time.
Eleventh electronic cigarette production enterprises, aerosol production enterprises and electronic cigarette nicotine production enterprises to expand production capacity for capital construction or technological transformation, must be approved by the Department of tobacco monopoly administration in the State Council.
Article 12 Tobacco monopoly products such as tobacco leaves (including reconstituted tobacco leaves and tobacco stems, the same below), redried tobacco leaves and cut tobacco used by e-cigarette product manufacturing enterprises, e-cigarette brand holding enterprises, aerosol manufacturing enterprises and e-cigarette nicotine manufacturing enterprises shall be purchased from tobacco enterprises that have the right to operate tobacco leaves, redried tobacco leaves and cut tobacco, and tobacco waste shall not be illegally purchased. The department of tobacco monopoly administration in the State Council issued the purchase and sale plan of tobacco monopoly products such as tobacco leaves, redried tobacco leaves and cut tobacco.
Thirteenth electronic cigarette products should use registered trademarks, and the Regulations on the Administration of Trademark Use of Tobacco Products shall apply.
Article 14 E-cigarette products shall comply with the relevant provisions on packaging labels and warnings of e-cigarette products.
Fifteenth engaged in electronic cigarette production and business activities, should establish a product quality assurance system, responsible for the quality of its products.
Commissioned the production of electronic cigarette products, electronic cigarette brand holding enterprises should be responsible for the quality of electronic cigarette products commissioned, and strengthen the management of the production behavior of entrusted processing enterprises to ensure that they are produced in accordance with legal requirements.
Sixteenth the State Council tobacco monopoly administrative departments should establish a unified electronic cigarette traceability system, strengthen the whole process management of electronic cigarettes.
Chapter III Sales Management
Seventeenth enterprises that have obtained the license of tobacco monopoly wholesale enterprises shall be approved by the department of tobacco monopoly administration, and the scope of the license shall be changed before they can engage in the wholesale business of electronic cigarette products.
Eighteenth engaged in electronic cigarette retail business, should apply to the department of tobacco monopoly administration for tobacco monopoly retail license or change the scope of license.
To obtain a tobacco monopoly retail license to engage in e-cigarette retail business, the following conditions shall be met:
(1) It has funds suitable for operating e-cigarette retail business;
(2) Having a fixed business place independent of the domicile;
(3) Conforming to the requirements of rational distribution of local e-cigarette retail outlets;
(four) other conditions stipulated by the administrative department of tobacco monopoly in the State Council.
Ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens shall not set up sales outlets for electronic cigarette products.
Nineteenth the State Council tobacco monopoly administrative departments to establish a unified national e-cigarette trading management platform.
Electronic cigarette manufacturing enterprises, aerosol manufacturing enterprises, nicotine manufacturing enterprises, electronic cigarette wholesale enterprises and electronic cigarette retail business entities that have obtained tobacco monopoly licenses according to law shall conduct transactions through the electronic cigarette trading management platform.
E-cigarette products that have not passed the technical review shall not be put on the market for sale. E-cigarette products sold in the market should be consistent with the product information that has passed the technical review.
Article 20 Electronic cigarette product manufacturers and electronic cigarette brand holders who have obtained tobacco monopoly licenses according to law shall sell electronic cigarette products to electronic cigarette wholesale enterprises through the electronic cigarette trading management platform.
Electronic cigarette wholesale enterprises shall not provide electronic cigarette products to units or individuals that do not have the qualifications to engage in electronic cigarette retail business.
Enterprises or individuals that have obtained the tobacco monopoly retail license and are qualified to engage in e-cigarette retail business shall purchase e-cigarette products from local e-cigarette wholesale enterprises, and shall not exclusively engage in e-cigarette products listed for sale.
Article 21 The supervision and management of e-cigarette advertisements shall be governed by laws, regulations and rules concerning tobacco advertisements.
It is forbidden to hold exhibitions, forums and expositions in various forms to promote electronic cigarette products.
Article 22 It is forbidden to sell electronic cigarette products to minors. E-cigarette operators shall set up signs in a prominent position and shall not sell e-cigarettes to minors; If it is difficult to determine whether they are minors, they shall be required to show their identity documents.
Twenty-third prohibit the use of vending machines and other self-help ways to sell or sell electronic cigarette products in disguise.
No individual, legal person or other organization may sell e-cigarette products, aerosol for e-cigarettes and nicotine through the information network outside the e-cigarette trading management platform as stipulated in these Measures.
Article 24 The transportation of electronic cigarette products, aerosol for electronic cigarettes and nicotine shall be subject to the supervision of the department of tobacco monopoly administration.
The delivery and carrying of electronic cigarette products, aerosol and nicotine for electronic cigarettes in different places shall be subject to limited management, and shall not exceed the limit set by the relevant competent authorities in the State Council.
Twenty-fifth individuals carrying electronic cigarette products into the country shall implement quota management, and shall not exceed the quota stipulated by the relevant competent authorities in the State Council.
Article 26 It is prohibited to sell flavored electronic cigarettes other than cigarette essence and electronic cigarettes that can add atomized substances by themselves.
Chapter IV Import and Export Trade and Foreign Economic and Technical Cooperation
Twenty-seventh the State Council tobacco monopoly administrative departments shall supervise and manage the import and export trade of electronic cigarettes and foreign economic and technological cooperation according to law.
Twenty-eighth enterprises holding the license of tobacco monopoly wholesale enterprises can engage in the wholesale business of imported products only after being approved by the tobacco monopoly administrative department of the State Council and changing the license scope.
Article 29 Import electronic cigarette products, aerosol for electronic cigarettes and nicotine, etc. , shall declare the demand to the department of tobacco monopoly administration in the State Council, and abide by the relevant provisions of the state.
Imported e-cigarette products, aerosol and nicotine for e-cigarettes shall be sold to e-cigarette wholesale enterprises, e-cigarette product manufacturers and e-cigarette brand holders through the e-cigarette trading management platform stipulated in these Measures.
Imported e-cigarette products sold in China shall pass the technical examination and use the trademark approved and registered in China.
Thirtieth imported electronic cigarette products shall be inspected in accordance with the relevant provisions of the state.
Thirty-first imported electronic cigarette products shall be marked with the words stipulated by the the State Council tobacco monopoly administration department.
Article 32 The packaging of electronic cigarette products exclusively for export shall meet the requirements stipulated by the tobacco monopoly administration department of the State Council.
Thirty-third electronic cigarette products that are not sold in China and are only used for export shall meet the requirements of laws, regulations and standards of the destination country or region; Where there are no relevant laws, regulations and standards in the destination country or region, it shall comply with the relevant requirements of China laws, regulations and standards.
Chapter V Supervision and Inspection
Article 34 The department of tobacco monopoly administration shall supervise and inspect the implementation of these measures according to law, investigate and deal with cases that violate these measures, and investigate and deal with the production and sale of counterfeit and shoddy electronic cigarette products, atomized substances and nicotine used in electronic cigarettes, infringement of intellectual property rights, illegal operation and smuggling in conjunction with relevant departments.
The department of tobacco monopoly administration or the department of tobacco monopoly administration in conjunction with relevant departments may inspect and deal with the illegal transportation of electronic cigarette products, aerosol for electronic cigarettes and nicotine according to law.
Thirty-fifth departments of tobacco monopoly administration may exercise the following functions and powers when investigating cases in violation of these measures:
(1) Asking the parties, suspects and witnesses of illegal cases;
(two) to inspect the business premises of the parties to the illegal case, and to deal with the illegal production or operation of electronic cigarette products, aerosol for electronic cigarettes and nicotine according to law;
(3) consulting and copying contracts, invoices, account books, bills, records, documents, business correspondence and other materials related to illegal activities.
Article 36 For individuals, legal persons and other organizations that violate these measures, the department of tobacco monopoly administration may take measures according to law, such as supervision talks, suspension of platform trading qualification, order to suspend production and business for rectification, and even cancel their qualifications for engaging in the production and operation of e-cigarette products, aerosol for e-cigarettes and nicotine.
Article 37 The department of tobacco monopoly administration shall establish a credit management system, list the untrustworthy market subjects as the key supervision and inspection objects, strengthen supervision, and at the same time incorporate the untrustworthy information into the national credit information sharing platform and the national enterprise credit information publicity system, and publicize it according to law.
Article 38 The product quality supervision and inspection of electronic cigarettes and the identification and inspection of counterfeit registered trademarks and counterfeit and shoddy electronic cigarettes shall be conducted by the electronic cigarette inspection and testing institutions recognized by the tobacco monopoly administration department of the State Council or those that meet the statutory requirements.
Thirty-ninth units and individuals who have made contributions in reporting cases of illegal production and sale of electronic cigarette products, atomized substances used in electronic cigarettes and nicotine shall be rewarded.
Chapter VI Supplementary Provisions
Article 40 The term "smoke bomb" as mentioned in these Measures refers to electronic cigarette components containing atomized substances; Smoking sets include electronic cigarette smoking sets, heated cigarette smoking sets and smoking sets used for other new tobacco products. Electronic cigarette smoking set refers to a device for people to inhale, inhale, chew or smell cigarette liquid through atomization. Products sold in combination with smoking sets include disposable electronic cigarettes and electronic cigarettes sold in one packaging unit according to relevant national standards. Atomization refers to the mixture and auxiliary substances that can be completely or partially atomized into aerosols by electronic devices.
Forty-first business entities in these Measures shall go through the relevant registration procedures with the market supervision and management department in accordance with the law when obtaining or changing the relevant licensing matters.
Article 42 Anyone who violates these measures shall be punished by the department of tobacco monopoly administration and other departments in accordance with the division of responsibilities, and in accordance with the provisions of the Tobacco Monopoly Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Minors and the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC).
Forty-third heating cigarettes into cigarette management.
Other new tobacco products shall be implemented in accordance with the relevant provisions of these measures.
Article 44 The administrative department of tobacco monopoly in the State Council shall be responsible for the interpretation of these Measures.
Article 45 These Measures shall come into force as of May 6, 2022.
The countdown to the most stringent new regulations on e-cigarettes is over, and some stores are out of stock.
There is only 2 1 day left before e-cigarette "de-icing". On March 1 1, 2022, the State Tobacco Monopoly Bureau issued the Measures for the Administration of Electronic Cigarettes, proposing that the sale of flavored electronic cigarettes and self-atomizing electronic cigarettes except cigarette flavors should be completely banned from May 1 this year.
This means that e-cigarettes will be officially "sweetened" and flavored e-cigarettes will soon withdraw from the market. Recently, china securities journal reporter visited a number of e-cigarette brand stores and found that at present, some popular cigarettes have been sold out.
Some popular cigarettes have been sold out.
In a large shopping mall in Xi 'an, nearly ten brands are selling e-cigarettes.
In an e-cigarette sales counter, several consumers are buying e-cigarette bombs. There are more than 30 kinds of bombs on the counter. Sales told reporters that more than 90% of customers now buy fruit-flavored cigarettes, and the customer base is basically young people.
A certain brand electronic cigarette display counter
At the scene, a customer and a friend bought 12 boxes of mung bean smoothies and old popsicle flavored cigarettes. "I heard that I can't buy fruity ones next month, so I'll buy some." Customers say that smoking e-cigarettes is aimed at fruit flavor. If you can't buy fruity cigarettes in the future, you may quit e-cigarettes.
Xiao Zhang, another e-cigarette brand, told reporters that some popular cigarettes have been sold out. She said that the brand's Jasmine Longjing smoke bombs are more popular with consumers. After the policy was released, manufacturers stopped production one after another, and the supply was tight.
The stock of cigarettes and bombs in the shop.
In another store, the reporter saw that there were few products available on the shelves, and some popular flavors were out of stock. Sales told reporters that all the fruity cigarettes are on the table now, and it won't help if they are sold out. The brand is currently selling cigarettes and bombs, which were previously in stock. A salesperson told reporters that since March this year, manufacturers have stopped producing fruity cigarettes. "In fact, it is now cleaning up the inventory. Everyone is afraid that they can't sell it, and the boss doesn't dare to buy more. " She said.
In some shops with large stocks, cigarettes and bombs are also on sale.
Fruit-flavored cigarettes will be put on the shelves at the end of April, and only tobacco-flavored cigarettes can be sold after May 1. The product is marked with nicotine content of 5%. A salesperson said: "Basically, no customers will choose tobacco essence."
In this regard, an.d (a pseudonym), an e-cigarette user, said that if it just smells like tobacco and is similar to cigarettes, he may choose to quit e-cigarettes.
There is illegal online sales in mixed channels.
China securities journal reporter also found in the survey that the channels for selling e-cigarette products are mixed, and some online platforms still have online sales.
As early as 20 19 and 1, the State Tobacco Monopoly Bureau and the State Administration of Market Supervision issued the Notice on Further Protecting Minors from E-cigarettes, urging enterprises or individuals that produce and sell e-cigarettes to close e-cigarette internet sales websites or clients in time, and e-commerce platforms to close e-cigarette shops and take off e-cigarette products in time.
However, on a second-hand platform, the reporter couldn't find related products by searching for words such as cigarette bombs and e-cigarettes. Search for specific e-cigarette brands, e-cigarette protective covers, "atomization" and other labels, and you can still find individual businesses to sell. Take a brand of cigarette bombs as an example. The price of second-hand platform is 50 yuan/box, which is much lower than that of offline 99 yuan/box.