Recently, the State Tobacco Monopoly Administration has issued "Guidelines for the Technical Evaluation of Electronic Cigarette Products (2023 Version)". The following is the original text.
1. Scope of Application
This notice applies to the application and processing of electronic cigarette product technological evaluations. The filing of electronic cigarette exports shall be processed in accordance with regulations such as the "Notice on the Filing of Electronic Cigarette Exports" issued by the national unified electronic cigarette trading management platform.
Secondly, the basis for processing.
The regulation concerning the implementation of the Tobacco Monopoly Law of the People's Republic of China states that electronic cigarettes and other new tobacco products should be regulated under the same guidelines as traditional cigarettes, as outlined in Article 65.
The "Administrative Measures on Electronic Cigarettes" specify that electronic cigarette products must comply with mandatory national standards. The tobacco monopoly administrative department under the State Council shall organize professional institutions to conduct technical evaluations on electronic cigarette products based on inspection and testing reports and other application materials. Electronic cigarette products that do not pass the technical evaluation shall not be marketed. The information for electronic cigarette products marketed shall be consistent with that of products that have passed the technical evaluation. Imported electronic cigarette products sold in China shall undergo technical evaluation and use registered trademarks approved in China. Electronic cigarette products that are not sold within China and are only used for export shall comply with the laws, regulations, and standards of the destination country or region. If there are no relevant laws, regulations, and standards in the destination country or region, they shall comply with China's laws, regulations, and standards.
Implementation Rules for the Technical Review of Electronic Cigarette Products.
3. Receiving Authorities
The provincial tobacco regulatory authority.
4. Channels for Processing
The technology evaluation for electronic cigarette products sold domestically is processed through the Electronic Cigarette Product Technology Evaluation Management System (hereafter referred to as the management system) at the website https://dzyjssp.tobacco.gov.cn/. The record of exported electronic cigarette products is processed through the National Electronic Cigarette Trading Management Platform at the website https://ecig.cn/.
5. Application requirements.
1. Applicant eligibility
1. Having legal corporate status.
2. The applicant for the trademark rights of the electronic cigarette product.
3. In compliance with national policies for the electronic cigarette industry.
Other conditions defined by the State Tobacco Monopoly Administrative Authority.
If the owner of a trademark is a foreign enterprise, they should entrust their domestic agency or representative to apply to the local provincial tobacco monopoly administrative department for approval.
If applying for overseas trademark rights, it shall meet the requirements specified in the first, third, and fourth sub-paragraphs of the preceding clause.
二、产品申请条件
Meets mandatory national standards for electronic cigarettes.
Using trademarks that are approved and registered in China.
3. Adhering to the regulations related to electronic cigarette packaging labeling and warning messages.
Other conditions set by the state tobacco monopoly administrative department of the State Council.
Electronic cigarette products sold within a packaging unit should contain pods and related smoking devices that have undergone a technical review and evaluation process.
6. Application Materials
(1) Domestic Sales of Electronic Cigarette Products
To apply for the domestic sales of electronic cigarette products technical evaluation, the following information must be submitted through the management system:
Product Basic Information;
2. The trademark registration certificate for the product.
3. Product packaging and visual representation.
The product comes with a sample instruction manual.
Product Description Report
Report on Product Formulation and Raw Materials
Key production processes related to safety.
Product inspection and testing reports, as well as other necessary inspection and testing reports.
Product safety assessment or verification report.
The applicant must submit a statement of commitment regarding the legality, authenticity, and completeness of the materials provided.
11. Other relevant information.
Electronic cigarette products sold within a packaging unit must have undergone technical evaluation for their pods and accessory smoking equipment. Only the first through fourth specified documents need to be submitted.
In addition to the required documents stated above, imported electronic cigarette products must also provide proof of approval for production or sale in the country (region) of origin.
After receiving applications, the provincial tobacco monopoly administrative authority organized an online review of the submitted materials. For those that met the requirements, a notification letter including printed materials and physical samples was sent by mail. Applications that did not meet the requirements were not accepted.
After receiving the notification by mail, the applicant should submit hard copies of the technical evaluation materials and physical samples consistent with the application documents to the provincial tobacco monopoly administrative authority. Specific requirements for application materials and reference templates can be found in Annex 1 and Annex 2.
The technical review agency is responsible for reviewing the application materials. If any corrections are required, the applicant will be notified of the necessary changes. The applicant must then complete the corrections according to the requirements.
(2) Additional Information (or Explanation)
The application for product technical review has two options: "new product" and "existing series product". An existing series product refers to a product with a different appearance or quantity in its packaging, but with identical feature parameters. To apply for a new product, one only needs to submit the application information for any product within the same series through the "new product" option. For the rest of the series, one can use the "existing series product" option to expedite the application process by referencing the previously submitted product information.
When applying for a new pod or smoking product, it is necessary to report the product it will be compatible with. The compatible product can either be a proprietary product or a non-proprietary product. If the compatible product is a proprietary product and the application information has been completed and saved, it can be directly selected from the list of compatible products. If the compatible product is also a new product that requires application, the application information must first be completed and saved before completing the rest of the application for the main product. If a non-proprietary product is selected as the compatible product, a license agreement permitting compatibility must also be uploaded.
If handling a technical review application for foreign trademark owners, a commission agreement signed by both parties must be provided (which includes the name of the electronic cigarette product and the authorized time limit for the domestic agency or agent appointed by the foreign trademark owner to handle the technical review).
If there are any changes in the product design, including appearance, structure, formula, and raw materials, it will require an application to be submitted through the management system again.
When it comes to trademark transfer, proof of transfer must be submitted along with the trademark registration certificate.
7. Submission requirements
Applicants are required to follow the instructions and information prompts provided by the management system, and accurately and completely fill out and submit all necessary application materials.
The information filled out in the application materials should be consistent with the registered information of the applying party's account, including the applicant's name, address, and legal representative (excluding proxy applications). The same information should be consistently filled out in the application materials, and the official seal or stamp should correspond to the corresponding party.
Attachments uploaded should be clear and easily identifiable, and match the original documents.
Paper materials and physical samples sent offline should be consistent with the materials submitted online.
All application materials, including declarative information and attachments, must be in standard Chinese, unless a foreign language is absolutely necessary.
Applicants are required to truthfully provide relevant information and materials to the administrative department, and are held responsible for the legality, authenticity, and completeness of the application materials.
8. Application time
From Monday to Friday, between the hours of 8:30am to 4:30pm, except on national holidays recognized by the government.
9. Processing Procedures.
The process for handling the task is shown in the following diagram. For the specific technical review workflow, please refer to Appendix 3.
10. Technical Review
1. Review Organizations
The technical evaluation work is carried out by a professional institution (hereafter referred to as the technical evaluation agency) organized by the administrative department in charge of tobacco monopoly under the State Council.
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The completeness and reasonableness of product descriptions, formulas and raw material reports.
2. The validity and applicability of the relevant inspection and testing reports.
3. The scientific rigor, reliability, and adequacy of safety evaluations and justifications for the product.
The viability, feasibility, and controllability of ensuring product quality and safety.
5. Compliance with product flavor.
6. Other content that requires technical review.
11. Processing Time Limit
Online review: Application review period is 8 working days after receipt.
Technical evaluation: Within 60 working days after passing the formal review.
The time required for review verification, on-site inspection, and supplementary evidence gathering is not included in the evaluation deadline.
12. Outcome of the Application Process
The State Tobacco Monopoly Administration will include products that pass the technical evaluation in a nationwide unified electronic-cigarette trading management platform, and regularly publish and implement dynamic management.
Starting from the day of application submission, applicants can check the status and results of their application processing through the management system.
Thirteen: Prohibition of Sexual Requests.
Tobacco regulatory authorities may refuse to accept technical review applications from those who belong to the following situations:
Not falling under the category of electronic cigarette product technology evaluation.
2. Those who submit duplicate or erroneous applications;
If there has been a continuous inability to contact the applicant for a period exceeding five working days based on the application information provided...
Correct any non-compliant items.
Belonging to the situation stated in Article 21 of the "Implementation Rules for the Technical Review of Electronic Cigarette Products.
6. Other situations that are not accepted according to the regulations of the administrative authority for tobacco sales.
14. Record-filing requirements.
Before the products that have passed the technical review are included in the national unified electronic cigarette trading management platform, they must first be registered with the provincial tobacco monopoly administrative department.
15. Charging Basis and Standards
There is no charge.
16. Special Note
The Shenzhen Tobacco Monopoly Bureau and the Dalian Tobacco Monopoly Bureau belong to the "provincial-level administrative departments in charge of tobacco monopoly" as referred to in this notice.
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