The State Tobacco Monopoly Bureau Issued Detailed Rules for Logistics Management of Electronic Cigarettes.

Regulations by State Tobacco Monopoly Bureau
Jun.14.2022
The State Tobacco Monopoly Bureau Issued Detailed Rules for Logistics Management of Electronic Cigarettes.

Chapter I General Provisions


Article 1 These rules are formulated in accordance with the Law of the People's Republic of China on Tobacco Monopoly Law of the People's Republic of China, Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China, Measures for the Administration of Permission Certificates of Tobacco Monopoly Products (Order No. 36 of the Ministry of Industry and Information Technology), Measures for Administration of Electronic Cigarettes (No.1 of Announcement No.1 of State Tobacco Monopoly Bureau) and other laws and regulations.

 
Article 2 These detailed rules shall apply to the management of the storage, sorting, transportation and distribution of tobacco monopoly commodities such as e-cigarette products, vapor substances, nicotine for e-cigarette and tobacco leaves (including reconstructed tobacco leaves and stems, the same below), re-cured tobacco leaves, tobacco shreds (including silk, final and granular, the same below).


Article 3 Electronic cigarette manufacturing enterprises, vapor enterprises, nicotine production enterprises for e-cigarettes, wholesale enterprises of electronic cigarettes, enterprises related to the import and export of e-cigarettes and relevant logistics service providers shall establish relatively fixed logistics nodes according to supervision requirements, strictly regulate the business of storage, sorting, transportation and distribution, rely on the relevant information system of e-cigarette, collect, maintain and upload data information, strengthen safety management and implement safety responsibilities.

 
Article 4 Establish and improve the efficient, safe and controllable, stable and orderly e-cigarette logistics system, promote the planning, standard formulation and application of new technologies of e-cigarette logistics, and promote the smooth standardization of e-cigarette logistics.


Chapter II Logistics Management in E-cigarette Production

 
Article 5 Whoever transports tobacco monopoly products such as tobacco leaves, re-dried tobacco leaves, cut tobacco, etc. shall hold a tobacco monopoly product transportation permit, and implement the relevant regulations on the administration of tobacco monopoly product transportation permit.

 
Article 6 At the time of delivery, the vapor production enterprise and the electronic cigarette nicotine manufacturing enterprise shall prepare relevant logistics documents according to the transaction contract (including orders, the same below) signed by the national unified electronic cigarette trading management platform (hereinafter referred to as the trading platform), and upload the logistics documents and logistics information to the trading platform in time.

 
Article 7 Anyone who transports nicotine for vapor or electronic cigarettes shall be accompanied by a logistics document, and the information of the transported goods shall be consistent with the corresponding information contained in the logistics documents and tobacco monopoly licenses.


After the goods arrive at the destination, the consignee shall check whether the logistics documents is complete and whether the goods are consistent with logistics documents according to the transaction contract and the delivery information of the consignor, and upload the arrival information to the trading platform in time.


Article 8 When e-cigarette production enterprises leave the warehouse, they shall scan the code to register, establish the association between the two-dimensional code of the products and the transaction contract, and timely upload relevant information on the electronic cigarette product tracing platform. Electronic cigarette manufacturing enterprises shall prepare relevant logistics documents according to the contents of the transaction contract and upload the logistics documents and logistics information to the trading platform in time.


For the transport of e-cigarette products, the logistics documents shall be attached, and the information of the transport goods shall be consistent with the corresponding information contained in the logistics documents and tobacco monopoly licenses.

 
Article 9 Whoever purchases logistics services to transport e-cigarette products, aerosols and nicotine for e-cigarettes shall sign a written contract according to law, clearly indicate to the logistics service provider the products to be transported or provided, and clarify the responsibilities of the logistics service provider.


Chapter III Logistics Management in Wholesale of Electronic Cigarette Products

 
Article 10 Electronic cigarette wholesale enterprises shall, in accordance with the requirements of transparent rules, clear routes, clear nodes and smooth operation, rationally plan the logistics system, strictly control logistics costs, and realize efficient and economical operation of the whole process of storage, sorting and distribution of e-cigarette products.

 
Article 11 An electronic cigarette wholesaler shall designate one or more storage and sorting centers for e-cigarette products within its territory to be responsible for the centralized storage, order sorting, transit transportation and distribution services of e-cigarette products.


Article 12 An e-cigarette wholesale enterprise shall be independently responsible for the storage business of e-cigarette products, and the establishment of an e-cigarette product storage and sorting center shall give priority to the appropriate transformation of the existing logistics distribution center. If the existing logistics distribution center does not have the conditions for transformation or the site cannot meet the logistics operation requirements of e-cigarette products, the existing surplus logistics resources of the enterprise shall be selected for transformation. Other logistics resources can be rented if the existing logistics resources cannot meet the logistics operation requirements of e-cigarette products.


Article 13 After the electronic cigarette products arrive at the warehousing and sorting center, the electronic cigarette wholesale enterprise shall check whether the logistics documents are complete and whether the goods are consistent with the logistics documents according to the transaction contract and the delivery information of the delivery manufacturing enterprises, and upload the logistics documents and logistics information to the trading platform in time. When e-cigarette products are stored in the warehouse, they shall be scanned and registered, and relevant information shall be uploaded on the tracking platform of e-cigarette products in time.

 
Article 14 E-cigarette wholesale enterprises shall be responsible for the sorting business of e-cigarette products independently, and set up corresponding sorting sites according to the types and packaging characteristics of e-cigarette products. If it is really necessary to configure equipment, they shall give priority to the use of idle equipment resources.

 
Article 15 E-cigarette wholesale enterprises shall scan the codes and register when sorting products out of the warehouse, establish the relationship between product QR codes and retail orders, and upload relevant information on the electronic cigarette product traceability platform in time. E-cigarette wholesale enterprises shall make relevant logistics documents according to the contents of the transaction contract when delivering goods.


Electronic cigarette wholesale enterprises can deliver e-cigarette products independently or purchase logistics services. The distribution shall be accompanied by the logistics document, and the information of the delivered goods shall be consistent with the corresponding information contained in the logistics document and tobacco monopoly license.

 
Article 16 Where an e-cigarette wholesale enterprise purchases logistics services for the distribution of e-cigarette products, it shall select a logistics service provider with relevant qualifications to sign a written contract according to law, and shall abide by the procurement management, honesty and self-discipline and other relevant provisions. The selected logistics service provider shall meet the following conditions:


(1) Registered in the People's Republic of China, with independent legal personality, good business reputation and the ability to perform contracts.

 
(2) Business License, Tax Registration Certificate and other qualification materials are complete and valid. With corresponding business scope and qualification required to undertake corresponding business.

 
Article 17 After an e-cigarette product arrives at an e-cigarette retail outlet, the main body of the retail operation of e-cigarette shall, according to the retail order, check whether the e-cigarette product is consistent with the retail order, and confirm the receipt of the e-cigarette products.

 
Article 18 The distribution tools for electronic cigarette products shall be dry, clean and free from smell. During the distribution process, the distribution tools shall meet the conditions of rainproof, moisture-proof, sun-proof, anti-squeezing and violent vibration prevention, and the electronic cigarette products shall not be mixed with poisonous, harmful or odorous articles.


Chapter IV Logistics Management of Electronic Cigarette Import and Export Links

 
Article 19 An enterprise importing electronic cigarette products, vapor goods and nicotine for e-cigarette shall prepare relevant logistics documents according to the contents of the trading contract, and upload the logistics documents and logistics information to the trading platform in time.

 
Article 20 The transportation of imported electronic cigarette products, aerosols and nicotine for electronic cigarettes shall be accompanied by logistics documents and import declaration and customs clearance documents, and the information of transported goods shall be consistent with the information contained in logistics documents, import declaration and customs clearance documents and tobacco monopoly license.


Article 21 Exported e-cigarette products shall be transported directly from the warehouse of the e-cigarette manufacturing enterprise to the place designated by the Customs.

 
If it is necessary to transfer from the warehouse of the electronic cigarette manufacturing enterprise to other warehouses in China, the consignor shall submit the warehouse information and relevant information of the transferred products to the department of tobacco monopoly administration where the warehouse is located. The receiving party shall report the inventory quantity monthly to the department of tobacco monopoly administration in the place where the warehouse is located.

 
Article 22 Anyone who transports e-cigarette products, vapor articles or nicotine for e-cigarette shall be filed on the trading platform in advance, and shall be accompanied by transaction contracts and other relevant documents. After the completion of customs declaration and customs clearance, the export filing enterprise shall timely upload relevant documents such as customs declaration and customs clearance to the trading platform.


Chapter V Supervision and Inspection


Article 23 The department of tobacco monopoly administration shall supervise and manage the collection, maintenance and uploading of relevant information through online monitoring, regular inspection and random sampling.


If the relevant information is not uploaded as required or the information is inconsistent, the relevant enterprise or logistics service provider shall not transport.

 
Article 24 If the goods are inconsistent with the information of the documents for the arrival goods flow, the documents of arrival goods flow are incomplete, and the goods cannot be transported or delivered within the time stipulated in the contract due to force majeure or accident, the relevant parties shall upload the relevant information to the trading platform in a timely manner.

 
Article 25 The department of tobacco monopoly administration shall, in accordance with law, supervise and inspect the implementation of these Detailed Rules, and jointly investigate and deal with illegal transport of electronic cigarette products, vapor substances and nicotine for electronic cigarettes in accordance with the law.

 


Article 26 E-cigarette manufacturers, aerosol manufacturers, nicotine manufacturers, e-cigarette wholesale enterprises, e-cigarette import and export-related enterprises and related logistics service providers shall cooperate with logistics supervision and inspection, truthfully provide relevant information, and shall not obstruct or refuse supervision and inspection in any way.

 
Article 27 Units or individuals are encouraged to conduct social supervision over logistics activities such as e-cigarette transportation, and can make complaints and reports through the 12313 tobacco market supervision service hotline. The department of tobacco monopoly administration shall handle it according to its duties and relevant procedures.

 
Twenty-eighth in violation of these rules, the department of tobacco monopoly administration shall, in accordance with the division of responsibilities, deal with it according to the relevant provisions of relevant laws, regulations, rules and normative documents.


Chapter VI Supplementary Provisions


Article 29 The production, storage, use, operation and transportation of nicotine for electronic cigarettes shall comply with the provisions of the state laws, regulations and normative documents concerning the safety management of hazardous chemicals.

 
The warehouses storing e-cigarette products and vapor articles shall be physically isolated from each other or other products warehouses to keep dry, ventilated, protected from light, clean and free of peculiar smell. Electronic cigarette products and vapor substances shall be stored away from the ground and wall, and shall not be mixed with toxic and harmful substances.

 
Article 30 The logistics documents referred to in these Rules include delivery notes, distribution notes and other relevant bills and vouchers. The logistics document shall contain relevant information such as the shipper, the receiving party, the name, specification, quantity of the goods and the logistics service provider.

 
One transaction contract may be broken down into multiple logistics documents, and the cargo information contained in the logistics document should be consistent with the transaction contract.

 
Article 31 The administrative department of tobacco monopoly under the State Council shall be responsible for the interpretation of these Rules.

 
Article 32 These Rules shall come into force as of the date of promulgation.