Provisions on the Application for License of Production, Brand, Wholesale and Retail of Electronic Cigarettes
The Measures for the Administration of Electronic Cigarettes will come into effect as of May 1, 2022, the National Standard of E-Cigarette will be implemented from October 1, 2022, and the transition period will end on September 30, 2022. During the transition period, the existing e-cigarette production and operation entities that have been in operations before November 10, 2021 may continue production and operation activities, and shall apply for relevant licenses and technical review of products according to the requirements of the Measures for Administration of E-Cigarettes and the National Standards and Supporting Policies of E-Cigarette. The license application by the manufacturer, brand, wholesaler and retailer is as follows-
Producer/brand party: When engaging in production and operation activities such as e-cigarette, atomized substance, nicotine for e-cigarette, it shall apply to the department of Tobacco Monopoly Administration according to law for the license of tobacco monopoly production enterprise.
The applicant may apply to the license processing window of provincial tobacco monopoly administrative department (including Dalian City and Shenzhen Tobacco Monopoly Bureau, the same below) where his residence (main business place or business place, the same below) is located, or the online processing platform for administrative licensing of government affairs service of tobacco monopoly administrative department under the State Council. Detailed handling procedures and required materials can be found on the government website of the department of Tobacco Monopoly Administration under the State Council.
During the transitional period, the department of Tobacco Monopoly Administration shall accept the license application of the market entity (i.e., the production enterprise of stock e-cigarette, atomized substance and nicotine for electronic cigarette) registered in the market supervision department before the issuance of the Decision on November 10, 2021, and truthfully complete the declaration of the information of the main body of the production and operation of e-cigarette; The license application for expanding production capacity such as electronic cigarettes, atomized substances and nicotine production enterprises for electronic cigarettes shall not be accepted temporarily (the specific acceptance time will be notified separately); It shall not accept the license application for the newly-established electronic cigarette, atomized substance, nicotine production enterprise for electronic cigarette or production point within the transitional period. Since May 5, 2022, the production enterprises of electronic cigarettes, atomized substances and nicotine for e-cigarettes may apply for the license of tobacco monopoly enterprises to the department of Tobacco Monopoly Administration at the provincial level where they operate, and submit formal applications according to the schedule requirements.
After the end of the transition period, the department of Tobacco Monopoly Administration will accept the license application of market entities that comply with laws, regulations and relevant provisions.
Wholesale party: The enterprise that has obtained the license of tobacco monopoly wholesale enterprise shall obtain the approval of the department of Tobacco Monopoly Administration before engaging in the wholesale business of e-cigarette products.
Enterprises that have obtained the license of tobacco monopoly wholesale enterprises may apply for the wholesale business of e-cigarettes. Enterprises that have obtained the license for tobacco monopoly wholesale enterprises may engage in the wholesale business of e-cigarette only upon approval of the department of Tobacco Monopoly Administration to change the license scope.
Retailer: To engage in e-cigarette retail business, it shall apply to the department of Tobacco Monopoly Administration for obtaining a tobacco monopoly retail license or changing the scope of the license according to law.
Market entities engaged in the retail business of e-cigarettes (including cigarettes, smoking utensils and products sold in combination with cigarettes and smoking utensils) can apply for tobacco monopoly retail licenses through the tobacco monopoly license processing window at the prefecture-level and county-level where the business premises are located or the online administrative license processing platform of the administrative department of tobacco monopoly under the State Council. Detailed procedures and required materials can be found on the government website of the Department of Tobacco Monopoly Administration under the State Council.
During the transitional period, the department of Tobacco Monopoly Administration shall accept the license application for the e-cigarette retail market subject (i.e. the main body of the stock e-cigarette retail market) which has been registered in the market supervision department before the issuance of the Decision on November 10, 2021, and has truthfully completed the declaration of the information of the main body of e-cigarette production and operation; The application for licensing of new e-cigarette retail market entities that violates regulations during the transitional period shall not be accepted. As of June 1, 2022, the subject of the stock e-cigarette retail market may submit an application for tobacco monopoly retail license to the department of Tobacco Monopoly Administration at the municipal or county level where the place of business is located.
After the end of the transition period, the department of Tobacco Monopoly Administration will accept the license application of market entities that comply with laws, regulations and relevant provisions.
The department of Tobacco Monopoly Administration under the State Council will publish relevant policies and documents concerning license management, technical review, product traceability, etc. of e-cigarette product quality supervision and spot check, identification and testing, product packaging and other supporting policies and implementation rules, coordinate relevant departments to study and formulate relevant policies such as warning signs, inspection and detection institutions, taxation, mailing and carrying, and establish and improve the supporting policy system.
