The China Tobacco Monopoly Administration issued the “Administrative Measures for Electronic Cigarettes” (hereinafter referred to as the “Administrative Measures”). The “Administrative Measures” pointed out that it is prohibited to sell flavored e-cigarettes other than tobacco flavors and e-cigarettes that can add atomizers by themselves. The “Administrative Measures” will come into effect on May 1, 2022.
On November 10, 2021, the “Decision of the State Council on Amending the Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” (hereinafter referred to as the “Decision”) was officially announced and implemented. According to the newly revised “Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China”, in order to further strengthen the supervision of new tobacco products such as electronic cigarettes, regulate the market order, and protect the legitimate rights and interests of consumers, the China Tobacco Monopoly Administration has researched and formulated the “Measures for the Administration of Electronic Cigarettes”.
A person from the China Tobacco Monopoly Administration said that in recent years, due to the disorderly development of the e-cigarette industry, some products have problems such as unclear nicotine content, unknown added ingredients, and leakage of e-liquid. Adults smoking, infringing the physical and mental health of minors, all sectors of society have strongly responded, and they have continuously called for strengthening supervision. On November 10, 2021, the “Decision” clarified that “new tobacco products such as electronic cigarettes shall be implemented with reference to the relevant provisions of these Regulations on cigarettes”.
The “Administrative Measures” issued this time include general provisions, production and quality management, sales management, import and export trade and foreign economic and technological cooperation, supervision and inspection, and supplementary provisions, with a total of six chapters and forty-five articles. Activities such as sales, transportation, import and export, and supervision and management are regulated.
The main contents are: first, clarify the definition and supervision objects of e-cigarettes; second, implement license management for e-cigarette production, wholesale and retail entities. There are no new types of administrative licenses for e-cigarette license management, but only in tobacco monopoly production, wholesale and retail. Add corresponding items to the scope of the retail license; third, implement channel management for e-cigarette sales, establish an e-cigarette transaction management platform, and standardize e-cigarette sales methods; fourth, manage the quality of e-cigarette products throughout the process, and establish e-cigarette product technology. Review and tracking mechanism; Fifth, supervise the transportation and import and export of electronic cigarettes according to law.
The “Administrative Measures” clearly prohibit the sale of electronic cigarette products to minors. E-cigarette operators should set up signs not to sell e-cigarettes to minors in prominent positions; if it is difficult to tell whether they are minors, they should be required to show their ID documents.
In terms of sales methods, the “Administrative Measures” require that the use of self-service sales methods such as vending machines to sell or sell electronic cigarette products in disguise is prohibited. No individual, legal person or other organization may sell electronic cigarette products, vaping products and nicotine for electronic cigarettes through information networks other than the electronic cigarette transaction management platform stipulated in these Measures.
In terms of transportation, the “Administrative Measures” make it clear that the delivery and delivery of electronic cigarette products, vaping products, nicotine for electronic cigarettes, etc. shall be subject to limited management, which shall not exceed the limit set by the relevant competent departments of the State Council.
In addition, the “Administrative Measures” clearly prohibit the sale of flavored e-cigarettes other than tobacco flavors and e-cigarettes that can be added with atomizers.
In the face of the introduction of stricter regulatory policies, relevant persons from the Electronic Cigarette Industry Committee of the China Electronic Chamber of Commerce said that they will strictly implement the relevant regulatory policies for electronic cigarettes in the “Administrative Measures”, and actively organize, guide, coordinate and provide practical services to the industry. , do a good job in policy interpretation, give play to the role of the association as a bridge, and do a good job in protecting minors.