State Tobacco Monopoly Administration: Carry out special inspections to regulate the order of the e-cigarette market

The Office of the State Tobacco Monopoly Administration issued a notice on carrying out special inspections to regulate the order of the electronic cigarette market, the specific content of which is as follows.

Recently, under the deployment of the State Tobacco Monopoly Administration, local tobacco monopoly bureaus have investigated and dealt with a number of cases of illegal production and sale of "flavored electronic cigarettes" that do not meet the mandatory national standards of "electronic cigarettes" (GB 41700-2022) that have not passed the technical review [that is, the "Electronic Cigarette Management Measures" (State Tobacco Monopoly Administration Announcement No. 1 of 2022) clearly stipulate that the sale of flavored electronic cigarettes other than tobacco flavors] is prohibited, and severely crack down on the illegal production and sale of invisible mutated electronic cigarettes such as "milk tea cups" and "cola cans". Effectively protect people's health and safety, especially the physical and mental health of young people, and achieve phased results. However, the production and operation of electronic cigarettes without a tobacco monopoly license occurs from time to time, a small number of market entities that have obtained a tobacco monopoly license in accordance with the law evade supervision, and even violate laws and regulations, some electronic cigarette manufacturers conduct transactions outside the transaction management platform, individual electronic cigarette manufacturers still illegally produce "flavored electronic cigarettes", and individual retail market entities use the Internet and micro-businesses to illegally sell electronic cigarettes. In order to further consolidate the achievements of supervision and law enforcement, standardize the order of the e-cigarette market, safeguard the rights and interests of legitimate market entities and consumers, and continue to promote the rule of law and standardized governance of the e-cigarette industry, the State Tobacco Monopoly Administration decided to organize and carry out a special inspection to regulate the order of the e-cigarette market. The relevant matters are hereby notified as follows:

1. General requirements and basic principles

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the Tobacco Monopoly Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, the Measures for the Administration of Electronic Cigarettes, and the Mandatory National Standards for Electronic Cigarettes, and comprehensively explore the evidence clues of illegal manufacture and sale of electronic cigarettes by carrying out special inspections of electronic cigarette-related production enterprises, electronic cigarette wholesale enterprises, and electronic cigarette retail market entities. Strive to standardize the production and operation activities of e-cigarette market entities, and create a good environment for promoting the rule of law and standardized governance of the e-cigarette industry.

(1) Persist in lawful supervision. Strengthen lawful administration, lawful supervision, and lawful case handling, using rule of law thinking and methods to supervise e-cigarette market entities that have obtained tobacco monopoly licenses in accordance with the law to operate in compliance with the law, ban and shut down e-cigarette market entities that have not obtained a tobacco monopoly license in accordance with law, investigate and crack down on illegal manufacturing and sale of e-cigarettes, and regulate the order of the e-cigarette market.

(2) Ensuring people's health and safety. Implement the people-centered development thinking, actively respond to social concerns, take effective measures, carry out comprehensive inspections and clean up and rectification at production sources, distribution channels, and retail markets, eliminate the illegal flow of unqualified and substandard e-cigarette products into the market, safeguard consumer rights and interests, and protect minors from e-cigarettes.

(3) Strengthen collaborative linkage. Adhere to overall planning and overall promotion, and promote the construction of a national "one game of chess" and industry "full chain" electronic cigarette supervision work pattern. Cooperate with local governments, public security, municipal supervision and other departments to strengthen lead mapping, consultation, study and judgment, and joint law enforcement, promote joint grasp and joint governance, and enhance joint efforts.

Second, the time step

(1) Mobilization, deployment, and refinement of the plan (from now until March 5). The State Tobacco Monopoly Administration issued special inspection notices, formulated inspection plans, deployed tasks, and clarified the division of responsibilities and work priorities. Each provincial tobacco monopoly bureau shall, in accordance with the inspection tasks, refine the work plan and make overall arrangements for the inspection work in its jurisdiction.

(2) Comprehensive inspection, clean-up and rectification (from March 6 to April 25). Adhere to the simultaneous advancement of inspection and rectification, promptly transfer and deal with clues of problems found in inspections, investigate and deal with typical cases, solve outstanding problems, establish and improve the "one enterprise (household) and one file" supervision account files, and do a good job in follow-up supervision and rectification work.

(3) Summarize, improve, and strengthen long-term effects (long-term persistence). Conscientiously summarize the results of the special inspection, and all provincial tobacco monopoly bureaus and inspection teams will report the special inspection situation to the State Tobacco Monopoly Administration before April 30. Tobacco monopoly bureaus at all levels have strengthened the use of inspection results, cracked down on illegal production and business activities, and banned and shut down market entities that have not obtained tobacco monopoly licenses in accordance with the law.

Third, the key points of the inspection

(1) Electronic cigarette-related production enterprises.

1. For enterprises that have not obtained a tobacco monopoly production enterprise license in accordance with the law. Focus on checking whether there is any illegal production and operation of nicotine, atomizers, and e-cigarette products for e-cigarettes after the end of the transition period on October 1, 2022.

2. For enterprises that have obtained the license of tobacco monopoly production enterprises in accordance with the law. Manufacturers of electronic cigarette products engaged in domestic sales focus on checking whether they manufacture and sell "flavored electronic cigarettes"; Whether to produce (OEM processing) domestically sold electronic cigarette products that have not passed the technical review; Whether there is any failure to supply in accordance with the prescribed channels, as well as sales that are not carried out through the e-cigarette trading platform, etc. Enterprises engaged in the export of electronic cigarette products focus on checking whether the electronic cigarette products they produce are genuine exports and whether relevant quality and safety systems have been established. Enterprises engaged in the production of nicotine and atomizers for electronic cigarettes focus on checking the source channels of raw materials and product flows they purchase, and whether they have supplied to enterprises that have not obtained tobacco monopoly licenses in accordance with the law.

(2) Electronic cigarette wholesale enterprises.

For enterprises that have obtained the tobacco monopoly wholesale enterprise license in accordance with the law. Focus on checking whether there is access to product brand specifications, as well as the management of marketing activities of production enterprises, business rules for electronic cigarette products, and capacity building for logistics support.

(3) Electronic cigarette retail market entities.

1. Those who have not obtained a tobacco monopoly retail license in accordance with the law. Focus on checking whether the e-cigarette sales business is illegally engaged in after the end of the transition period on October 1, 2022.

2. Those who have obtained a tobacco monopoly retail license in accordance with the law. Focus on checking whether warning signs are set up to protect minors, whether electronic cigarette products are sold to minors, whether "flavored electronic cigarettes" are sold, whether electronic cigarette products are purchased from channels other than local electronic cigarette wholesale enterprises that have obtained tobacco monopoly licenses in accordance with the law, whether electronic cigarette products are sold through the Internet, and whether electronic cigarette products are exclusively operated.

4. Inspection methods

(1) Check the source. Through comprehensive complaints and reports, market investigations, platform transactions, Internet-related e-cigarettes, e-cigarette logistics delivery and other regulatory information, explore clues about illegal production and operation, and focus on tracing the source of illegal e-cigarette production.

(2) Clear the market. On-site law enforcement inspects the production and business sites, warehouses, stores, etc. of e-cigarette market entities, and promptly clean up and remove illegal products from sale. Implement dynamic management of licenses, standardizing the production and operation behavior of market entities that have obtained tobacco monopoly licenses in accordance with law.

(3) Pursue responsibility. Solidify evidence of illegal production and operation, seriously investigate and deal with a number of cases of illegal production and operation of electronic cigarettes, and promptly transfer illegal acts suspected of constituting a crime to the judicial organs for investigation of criminal responsibility in accordance with law, forming a deterrent and strengthening the quality and effectiveness of electronic cigarette supervision.

5. Work requirements

(1) Raise awareness and strengthen leadership. Fully understand the importance of special inspections to regulate the order of the e-cigarette market, safeguard consumer rights and interests, and protect the healthy growth of minors, earnestly perform e-cigarette regulatory duties, strengthen the organizational leadership, overall deployment and work coordination of special inspections, and improve the quality and efficiency of work. Implement "double random, one open" supervision, implement the reform requirements of "decentralization, management and service", strictly standardize fair and civilized law enforcement, and adhere to the bottom line of honesty and self-discipline.

(2) Meticulous organization and overall promotion. The unified deployment of the State Tobacco Monopoly Administration is coordinated with the supervision and normalization of the electronic cigarette market supervision work carried out in the early stage. The State Tobacco Monopoly Administration and the provincial tobacco monopoly administrations form several inspection groups for hierarchical and categorical inspection. All provincial-level tobacco monopoly bureaus should take the initiative to coordinate with local public security, municipal supervision and other departments to ensure that enterprise-by-enterprise and household-by-household inspections are in place.

(3) Strengthen publicity and effective guidance. Strengthen the publicity of electronic cigarette laws, regulations and policies, guide electronic cigarette market entities to consciously abide by the law, and supervise electronic cigarette market entities that have obtained tobacco monopoly licenses in accordance with the law to conduct transactions and file through electronic cigarette trading platforms. Strengthen the use of cases to interpret the law and use cases to warn to form a regulatory deterrent. Take the initiative to speak out and respond to social concerns, promptly reflect the results of special inspections, and create a good atmosphere of public opinion.

All provincial-level tobacco monopoly bureaus and inspection teams should promptly sort out new situations and problems, typical cases and phased progress encountered in special inspections, and do a good job in relevant reporting and communication and work connection. After the completion of the special inspection, it is necessary to comprehensively summarize the results of the work, useful experience, outstanding problems, investigation and handling of major cases, policy measures and suggestions, and report to the State Tobacco Monopoly Administration.