Measures for the Administration of Electronic Cigarettes in China
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the People's Republic of China's Tobacco Monopoly Law, the People's Republic of China's Law on the Protection of Minors, the Regulations for the Implementation of the People's Republic of China's Tobacco Monopoly Law, and other laws and regulations in order to strengthen the management of electronic cigarettes and standardize the market order of electronic cigarettes.
Article 2 These Measures shall apply to the manufacture and sale of electronic cigarettes, as well as the supervision and control of such activities, on the territory of the People's Republic of China.
Article 3 As defined in these Measures, the word "e-cigarettes" includes cigarette bombs, smoking utensils, and items offered in conjunction with cigarette bombs and smoking utensils.
Article 4 The State Council's department of Tobacco Monopoly Administration is in charge of the nationwide supervision and administration of electronic cigarettes, as well as the formulation and organization of electronic cigarette industry strategies. The departments of Tobacco Monopoly Administration of provinces, autonomous regions, and municipalities directly under the Central Government shall be in charge of the supervision and administration of electronic cigarettes in their respective administrative areas, as well as the implementation of relevant industrial policies. Cities and counties with Tobacco Monopoly Administration departments will be in charge of overseeing and administering electronic cigarettes in their respective administrative zones.
Article 5 Electronic cigarette goods must meet necessary national electronic cigarette standards.
E-cigarette manufacturing and distribution companies must be honest and trustworthy, and they must carry out production and distribution activities in accordance with the law.
Article 6 The state and society must increase public awareness and education about the health risks of using electronic cigarettes, dissuade teens from using them, and prohibit primary and middle school pupils from using them.
Chapter II Production and Quality Management
Article 7 The department of Tobacco Monopoly Administration under the State Council shall organize professional institutions to conduct technical evaluation of electronic cigarette products according to the inspection report and other application materials.
E-cigarette inspection and testing institutions certified by the Department of Tobacco Monopoly Administration under the State Council undertake the inspection, testing, monitoring and evaluation required by supervision and management.
The department of Tobacco Monopoly Administration shall implement a sample system for electronic cigarettes and shall examine or test the companies, individuals, and their products that have obtained the license on a regular or irregular basis.
Article 8 Before a project can be approved in accordance with relevant state regulations, the establishment of e-cigarette production enterprises (including product production, processing, brand holding enterprises, and so on), aerosol production enterprises, and nicotine production enterprises for e-cigarettes must be reported to the State Council's department of Tobacco Monopoly Administration for examination and approval. The establishment of the aforementioned enterprise must be approved by the State Council's department of Tobacco Monopoly Administration, obtain the license of tobacco monopoly production enterprise, and be approved and registered by the market supervision and administration department; its division, merger, or cancellation must be approved by the State Council's department of Tobacco Monopoly Administration, and the relevant registration formalities must be completed. The market supervision and administration department will not authorize the registration unless the tobacco monopoly producing firm obtains a license.
The initial public offering and listing of shares in the firms indicated in the preceding paragraph must be reported to the State Council's department of Tobacco Monopoly Administration for review and approval.
Article 9 To engage in the production and business activities of e-cigarette products, aerosols, nicotine for e-cigarettes, etc., and obtain a tobacco monopoly production enterprise license, the following conditions shall be met:
(1) Having funds suitable for production;
(2) Having the necessary technology and equipment conditions for production;
(3) Meeting the requirements of the national e-cigarette industry policy;
(4) Other conditions prescribed by the department of Tobacco Monopoly Administration under the State Council.
If the above-mentioned production enterprises need permission from other relevant departments, they should also obtain corresponding permission.
When an e-cigarette brand holding enterprise applies for a license as a tobacco monopoly production enterprise, it must provide application papers such as an e-cigarette entrustment agreement in addition to the conditions listed in the first, third, and fourth paragraphs of the first paragraph.
The applicant shall be responsible for the legality, authenticity and completeness of the contents of the application materials.
Article 10 If an e-cigarette business entity holding a tobacco monopoly production enterprise license changes the license scope or has other circumstances stipulated by the State Council's department of Tobacco Monopoly Administration, it must reapply for the tobacco monopoly license; if other registered items change, the tobacco monopoly license must be changed in time.
Article 11 To extend their production capacity, enterprises that manufacture electronic cigarettes, aerosol products, and nicotine for electronic cigarettes must receive approval from the State Council's department of tobacco monopoly management.
12th Article Tobacco monopoly products such as tobacco leaves (including reconstituted tobacco leaves and stems, as defined below), redried tobacco leaves, and cut tobacco used by e-cigarette product manufacturers, e-cigarette brand holders, aerosol manufacturers, and e-cigarette nicotine manufacturers must be purchased from tobacco enterprises that have the right to operate tobacco leaves, redried tobacco leaves, and cut tobacco, and tobacco wastes must not be purchased illegally. The State Council's department of Tobacco Monopoly Administration issues the purchase and sale plan for tobacco monopoly items such as tobacco leaves, redried tobacco leaves, and cut tobacco.
Article 13 E-cigarette products shall use registered trademarks, and the regulations on the administration of trademark use of tobacco products shall apply to their use and management.
Article 14 E-cigarette products shall comply with the relevant provisions on packaging labels and warnings of e-cigarette products.
Article 15 Whoever engages in the production and business operation of electronic cigarettes shall establish a product quality assurance system and be responsible for the product quality.
If the e-cigarette products are commissioned, the e-cigarette brand holding enterprise is responsible for the quality of the e-cigarette products commissioned, and the entrusted processing enterprise's production behavior is strengthened to ensure that it produces in accordance with the statutory requirements.
Article 16 The department of Tobacco Monopoly Administration under the State Council shall establish a unified traceability system for electronic cigarette products to strengthen the whole process management of electronic cigarettes.
Chapter III Sales Management
Article 17. Enterprises that have obtained a license of tobacco monopoly wholesale enterprises must be approved by the department of Tobacco Monopoly Administration before engaging in the wholesale business of electronic cigarette products.
Article18. Companies engaged in the retail business of electronic cigarettes, should apply to the administrative department in charge of tobacco monopoly to receive a tobacco monopoly retail license or change the scope of the license in accordance with the law.
To obtain a tobacco monopoly retail license to engage in e-cigarette retail business, the following conditions shall be met:
(1) Having the funds suitable for the retail business of electronic cigarettes;
(2) Having a fixed place of business independent of the domicile;
(3) Meeting the requirements of reasonable layout of local e-cigarette retail outlets;
(4) Other conditions prescribed by the department of Tobacco Monopoly Administration under the State Council.
E-cigarette sales outlets are not permitted to be located near conventional primary and secondary schools, special education schools, secondary vocational schools, specialized schools, or kindergartens.
Article 19 The department of Tobacco Monopoly Administration under the State Council shall establish a national unified electronic cigarette trading management platform.
Transactions must be conducted through the e-cigarette trading management platform by e-cigarette manufacturers, aerosol manufacturers, nicotine manufacturers, e-cigarette wholesale enterprises, and e-cigarette retail business entities that have obtained the tobacco monopoly license in accordance with the law.
Electronic cigarette products that have not passed the technical review shall not be listed for sale. E-cigarette products sold on the market should be consistent with the product information that has passed the technical review.
Article 20 E-cigarette products manufacturing enterprises and e-cigarette brand-holding enterprises that have obtained tobacco monopoly license according to law shall sell e-cigarette products to wholesale enterprises through the electronic cigarette trading management platform.
E-cigarette wholesale enterprises shall not provide e-cigarette products to units or individuals that are not qualified to engage in e-cigarette retail business.
Enterprises or individuals who 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 operate e-cigarette products listed and sold.
The supervision and administration of electronic cigarette advertising shall be governed by the provisions of relevant laws, regulations and rules on tobacco advertising.
It is forbidden to hold exhibitions, forums, expositions, etc. in various forms to promote electronic cigarette products.
Article 22 It is forbidden to sell electronic cigarette products to minors. E-cigarette operators should set up signs in prominent positions not to sell e-cigarettes to minors; If it is difficult to determine whether a minor is a minor, he/she shall be required to show his/her identity document.
Article 23 It is forbidden to use vending machines and other self-service sales methods to sell or sell electronic cigarette products in disguised form.
No individual, legal person or other organization may sell e-cigarette products, aerosols and nicotine for e-cigarettes through information networks other than the e-cigarette trading management platform as prescribed in these Measures.
Article 24 The transportation of electronic cigarette products, aerosols and nicotine for electronic cigarettes shall be subject to the supervision of the department of Tobacco Monopoly Administration.
Delivery and off-site carrying of electronic cigarette products, aerosols, nicotine for electronic cigarettes, etc. shall be subject to limited management, and shall not exceed the limit prescribed by the relevant competent department of the State Council.
Article 25 The electronic cigarette products carried by individuals into China shall be subject to limited management, which shall not exceed the limit stipulated by the relevant competent department of the State Council.
Article 26 It is forbidden to sell flavored electronic cigarettes except tobacco flavor and electronic cigarettes that can be atomized by themselves.
Chapter IV Import and Export Trade and Foreign Economic and Technical Cooperation
Article 27 The department of Tobacco Monopoly Administration under the State Council shall supervise and manage the import and export trade of electronic cigarettes and foreign economic and technical cooperation according to law.
Article 28 An enterprise holding a license for a tobacco monopoly wholesale enterprise may engage in the wholesale business of imported products upon approval by the department of Tobacco Monopoly Administration under the State Council and after changing the license scope.
Article 29 The import of e-cigarette products, atomized substances and nicotine for electronic cigarettes shall be submitted to the department of Tobacco Monopoly Administration under the State Council for demand and shall comply with the relevant provisions of the State.
Imported e-cigarette products, atomized substances and nicotine for e-cigarette shall be sold through the electronic cigarette trading management platform specified in these Measures to the wholesale enterprise of e-cigarette, the manufacturing enterprise of e-cigarette products and the enterprise holding the brand of e-cigarette.
Imported electronic cigarette products sold in China shall pass the technical review and use the trademark approved and registered in China.
Article 30 Imported electronic cigarette products shall be subject to commodity inspection according to the relevant provisions of the state.
Article 31 Imported electronic cigarette products shall be marked with the words prescribed by the department of Tobacco Monopoly Administration under the State Council on the package.
Article 32 The packaging of electronic cigarette products exclusively for export shall comply with the requirements prescribed by the department of Tobacco Monopoly Administration under the State Council.
Article 33 Electronic cigarette products that are not sold within the territory of China and are used only for export shall conform to the requirements of laws, regulations and standards of the destination country or region; Where the destination country or region has no relevant laws, regulations and standards, it shall comply with relevant requirements of laws, regulations and standards of China.
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 of violation of these Measures, and jointly with relevant departments, investigate and deal with the production and sale of fake and inferior electronic cigarette products, aerosol and nicotine for electronic cigarettes, infringement of intellectual property rights, illegal business and smuggling.
The department of Tobacco Monopoly Administration or the department of Tobacco Monopoly Administration, together with the relevant departments, may, according to law, inspect and dispose of the illegal transport of e-cigarette products, atomized substances and nicotine for electronic cigarettes.
Article 35 The department of Tobacco Monopoly Administration may exercise the following functions and powers when investigating cases that violate these Measures:
(1) Ask the parties, suspects and witnesses of illegal cases;
(2) Check the business premises of the parties involved in illegal cases, and deal with illegal electronic cigarette products, aerosols and nicotine for electronic cigarettes 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 violating these Measures, the department of Tobacco Monopoly Administration may take supervision talks, suspend the trading qualification of the platform, order them to suspend their production and business operations and carry out rectifications, until such measures as disqualification for engaging in production and business operations such as e-cigarette products, atomized substances and nicotine for electronic cigarettes are cancelled according to law.
Article 37 The department of Tobacco Monopoly Administration shall establish a credit management system, list the main body of the discredited market as a key object of supervision and inspection, strengthen supervision, and at the same time incorporate the credit information into the national credit information sharing platform and the credit information publicity system of the state enterprise, and make it public according to law.
Article 38 The supervision and inspection of the quality of e-cigarette products and the identification and detection of counterfeit registered trademark e-cigarette products and fake and inferior e-cigarette products shall be carried out by an electronic cigarette inspection and detection institution certified by the department of Tobacco Monopoly Administration under the State Council or by an electronic cigarette inspection and testing institution that complies with the law.
Article 39 Units and individuals who have made meritorious reports on illegal production and sale of electronic cigarette products, aerosols and nicotine for electronic cigarettes shall be rewarded.
Chapter VI Supplementary Provisions
Article 40 The term "smoke bombs" referred to in these Measures refers to electronic cigarette components containing atomized substances; Cigarette appliances include e-cigarette appliances, heated cigarette cigarette appliances and cigarette appliances for other new tobacco products. Electronic cigarette appliances refer to devices for sucking, sucking, chewing or nasal suction of cigarette liquid through atomization; Products sold in combination with cigarettes include disposable e-cigarettes, electronic cigarette products sold in a packaging unit according to relevant national standards; Atomized substances refer to mixtures and auxiliary substances that can be atomized into aerosols in whole or in part by electronic devices.
Article 41 In obtaining or altering relevant licensed items in these Measures, the business entity shall go through relevant registration formalities with the market supervision and administration department according to law.
Article 42 Whoever violates these Measures shall be punished by the department of Tobacco Monopoly Administration and other departments according to their duties and duties in accordance with the provisions of relevant legal liabilities in the Law of the People's Republic of China on Tobacco Monopoly, Law of the People's Republic of China on the Protection of Minors, Regulations of the People's Republic of China on the Implementation of the Tobacco Monopoly Law.
Article 43 Heating cigarettes shall be included in cigarette management.
Other new tobacco products shall be implemented in accordance with the relevant provisions of these Measures.
Article 44 These Measures shall be interpreted by the department of Tobacco Monopoly Administration under the State Council.
Article 45 These Measures shall come into force as of May 1, 2022.
