Application Scope of E-Cigarette Related Production Enterprise License: Applications in E-Cigarette Products, Vapor, and Nicotine for E-Cigarettes Cannot be Used Concurrently.

[2FIRSTS Reports] On April 25th, 2022, the State Tobacco Monopoly Bureau issued the "Instructions for E-cigarette Production and Business Entities to Apply for License". Additional attention should be paid to the fact that the notice is attached with 10 annexes of detailed rules at the end of the text, in which the application scope of Annex 1 for the license of tobacco monopoly production enterprises (e-cigarette-related production enterprises) is "e-cigarette products, atomized substances and nicotine for e-cigarettes". Both product types and business types within e-cigarette products can be selected; Domestic sales, export, and domestic sales of non-retail * businesses can be selected simultaneously. " .

According to the Measures for the Administration of Electronic Cigarette, license shall be obtained for engaging in the production, wholesale and retail business of e-cigarette. In order to facilitate the application for licenses by relevant e-cigarette production and operation entities, the State Tobacco Monopoly Administration issued the Notice on the Application of Licenses, which specifies the notices for the application of licenses by the three major entities, namely, e-cigarette-related manufacturing enterprises, e-cigarette wholesale enterprises and e-cigarette retail market.

Among them, the license application form of tobacco monopoly production enterprises (e-cigarette-related production enterprises) shows that e-cigarette products include cigarette bombs, smoking utensils, products that are sold in combination with cigarette bombs and smoking utensils; Atomization products include domestic and export products; Nicotine for electronic cigarettes includes domestic and export products.

A series of filling instructions are attached at the end of the application form, as follows:

 
1. The applicant shall apply for manufacturing enterprise license (newly established, changed and renewed), and fill in the Application Form. Only one application form can be submitted by the same applicant at the time of new application; In case of any change or supplement during the extension, it may be submitted and consolidated.

2. If the license scope, domicile (main place of business, place of business) and business entity of the e-cigarette production enterprise holding the license of production enterprise change or have other circumstances stipulated by the department of tobacco monopoly administration under the State Council, it shall re-apply for the license and apply for a new office, but the application for change is not applicable; If other registered items are changed, the license shall be changed in time and an application for change shall be made.

3. Basic information of applicant is required. The “business scope” in the Applicant’s basic information column shall be filled in according to the applicant’s business license, and the selections in the column of application scope shall be consistent with the “business scope”; If the applicant is a non-independent legal person, the "registered capital" may not be filled in; If the applicant is a brand-holding enterprise, the “production scale” and “production capacity” may not be filled in.  

4. The scope of application for permission can't be selected between three categories: electronic cigarette products, atomized substances and nicotine for electronic cigarettes. Both product types and business types within electronic cigarette products can be selected; Domestic sales, export, and domestic sales of non-retail * businesses can be concurrently selected.

(Note: "Domestic sales not retail sales *" only refers to the product sales behavior between production enterprises in China, and related products are not allowed to be sold in the retail market. )

 
5. If the applicant is an unincorporated organization, it shall be confirmed by its corporate seal.