Chinese City Bans Vaping in Public; Penalty Up to $70

On April 12, the Zhuhai Municipal Health Bureau website released the "Regulations on Smoking Control in Public Places in Zhuhai Special Economic Zone (Draft for Comment)" to solicit opinions from the public. The draft for comments clarifies that "smoking refers to the use of electronic cigarettes, possession of ignited or heat-not-burn tobacco products," thus bringing electronic cigarettes into the scope of tobacco control.

E-cigarettes and Other New Types of Tobacco Included in Tobacco Control

After reading the draft comments, 2FIRSTS found in Chapter 7 (Supplementary Provisions) "Related Definitions" of this version of the draft comments, as the following.

• "Smoking refers to the use of electronic cigarettes, possession of lit or heat-not-burn tobacco products."
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• "Tobacco products are defined as products for smoking, sucking, chewing, or sniffing, and electronic cigarettes are produced entirely or partly from tobacco as raw materials."
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• "E-cigarettes include cartridges, smoking accessories, and products sold combined with cartridges and smoking accessories."

No Smoking Place

The regulations stipulate that the following ten types of outdoor public places are prohibited from smoking:

(1) Outdoor areas of institutions and places that mainly provide education, teaching, training, and activity services for minors;

(2) Outdoor teaching areas of schools and training institutions other than those specified in item (1);

(3) Outdoor areas of public places such as civil service agencies, medical institutions, activity centers, and playgrounds that mainly provide services for pregnant women, children, and the elders;

(4) Other outdoor areas of non-smoking spots in medical and health institutions, cultural and museum units, parks, tourist attractions, and other places;

(5) Outdoor spectator seats in stadiums and sports and fitness venues, and competition venue areas;

(6) Five meters from the pedestrian entrance and exit of the public transportation station building and the area where the outdoor waiting queue for public transportation is located;

(7) The waiting area outside the pedestrian entrance and exit of the places specified in items (1) to (5) and the outdoor ticketing area;

(8) Seashore beaches, bathing beaches, greenways, and sidewalks along Lovers Road;

(9) When the municipal and district people's governments hold large-scale activities, temporarily add no-smoking places as needed;

(10) Other places where smoking is prohibited as stipulated by laws and regulations.

The Maximum Fine is 500 Yuan

The detailed rules of the opinion draft stipulate that if you violate the regulations and smoke in indoor public places and ten types of outdoor public areas, you will be fined 50 Yuan, and the fine can be collected on the spot; if you refuse to make corrections, you will be fined 200 Yuan, and you can be punished on the spot decision; if the circumstances are serious, a fine of 500 Yuan shall be imposed. Offenders can be fined up to 500 Yuan.

Citizens Exercise 3 Kinds of Tobacco Control Rights

The draft comment stipulates that anyone can ask people who smoke in places where smoking is prohibited from stopping smoking immediately. In addition, any individual or unit that finds illegal smoking in places or areas where smoking is not permitted in this city shall have the right to take the following measures:

(1) Requiring smokers to stop smoking immediately;

(2) Complain to the operator or manager of a place where smoking is prohibited, and request the operator or manager of the area to persuade smokers to stop smoking;

(3) Complain to the relevant administrative department.

In addition, the opinion draft also proposes punishment standards for behaviors such as using the internet to sell electronic cigarettes.

Tobacco product sellers sell tobacco products or e-cigarettes to minors or pregnant women or use automatic vending equipment or information networks such as mobile communications and the internet to sell tobacco products and e-cigarettes or set up sales outlets within the prohibited range. The Tobacco Monopoly Management Department or the Market Supervision and Management Department shall order corrections and impose a fine of 20,000 yuan based on the "Tobacco Monopoly Law of the People's Republic of China" and the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" division of labor.

The Opinion Draft was Corrected More than 20 Revisions

According to the understanding of the 2FIRSTS, the opinion draft of this edition is based on 2,985 returned questionnaires after more than 20 revisions and publicly solicited opinions. In 1995, Zhuhai led the promulgation of the Interim Regulations on Prohibition of Smoking in Public Places in Zhuhai City. In 1997, it was rated as a national tobacco-free advertising city. Furthermore, the "Zhuhai Special Economic Zone City Appearance and Environmental Sanitation Management Regulations" implemented in 2002 clarified the requirements for smoking control in public places.

The Public Comment Period is from April 12, 2023, to May 12, 2023.

 Reference:

Announcement on Public Solicitation of Opinions on the "Regulations on Smoking Control in Public Places of Zhuhai Special Economic Zone (Draft for Comment)" and the Method of Soliciting Opinions