On September 29, the State Tobacco Monopoly Administration issued the Notice on Matters Related to Strengthening the supervision of electronic Cigarettes. Since October 1, 2022, e-cigarette market entities engaged in the production and operation of e-cigarettes should obtain tobacco monopoly licenses and carry out production and operation activities in strict accordance with the policies and provisions of the Tobacco Monopoly Law of the People's Republic of China. E-cigarette production enterprises, aerosol production enterprises, e-cigarette nicotine production enterprises, e-cigarette wholesale enterprises, and e-cigarette retail entities that have obtained tobacco monopoly licenses according to law should conduct transactions through the e-cigarette trading management platform. The transportation of electronic cigarette products, vaping substances, and nicotine for electronic cigarettes shall be subject to the supervision of the Tobacco Monopoly Bureau, and shall be made in accordance with relevant regulations and accompanied by logistics documents.

Individuals, legal persons or other organizations that have not obtained tobacco monopoly licenses shall not carry out e-cigarette-related production and business operations, and licensed entities shall not carry out production and business operations beyond the scope of the license.

It is prohibited to publish e-cigarette advertisements in mass media or public places, public transportation and outdoor. It is prohibited to send any form of e-cigarette advertising to minors. It is prohibited to use advertisements of other goods or services, public service advertisements, to promote the name, trademark, packaging, decoration and similar content of e-cigarettes.

Notice of the State Tobacco Monopoly Administration on Matters related to Strengthening the supervision of electronic cigarettes

Provincial tobacco monopoly bureaus:

In order to thoroughly implement the major decision of the Party Central Committee and The State Council to strengthen the supervision of electronic cigarettes, and strictly implement the spirit of 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, Guide and service e-cigarette market players to gradually adapt to the "e-cigarette Management Measures" (State Tobacco Monopoly Administration Announcement No. 1 in 2022), the "e-cigarette" mandatory national standard (GB 41700-2022) and related supporting policies and measures. Given sufficient time for eligible e-cigarette market players to prepare for administrative licensing related matters, carry out product compliance design, complete product transformation and other work, the State Tobacco Monopoly Administration has set up a reasonable transition period for e-cigarette supervision. During the transition period, the regulatory work was smooth, orderly and coordinated, which laid a good foundation for promoting the gradual realization of legal supervision of the e-cigarette market and the incorporation of the e-cigarette industry into the track of legalization and standardization.

In order to continue to promote the legalization and standardized governance of electronic cigarettes, effectively protect the health and safety of the people, standardize the operation of the electronic cigarette industry, and effectively deal with the remaining problems related to the transition period, the relevant matters are hereby notified as follows.

First, e-cigarette market entities shall carry out production and business activities in accordance with the law

(1) From October 1, 2022, e-cigarette market entities engaged in the production and operation of e-cigarettes should obtain tobacco monopoly licenses. Production and business activities are carried out in strict accordance with the "Tobacco Monopoly Law of the People's Republic of China", the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China", the "e-cigarette Management Measures", the "e-cigarette" mandatory national standards, and the supporting policies and provisions of the State Tobacco Monopoly Administration. E-cigarette production enterprises, aerosol production enterprises, e-cigarette nicotine production enterprises, e-cigarette wholesale enterprises, and e-cigarette retail entities that have obtained tobacco monopoly licenses according to law should conduct transactions through the e-cigarette trading management platform. The transportation of electronic cigarette products, vaping substances, and nicotine for electronic cigarettes shall be subject to the supervision of the Tobacco Monopoly Bureau, and shall be made in accordance with relevant regulations and accompanied by logistics documents.

(2) Electronic cigarette products sold in China shall comply with the mandatory national standards for electronic cigarettes and the Provisions on Warning labels for electronic Cigarettes (No. 64 of the National Tobacco Office (2022)). Electronic cigarette products that are not sold in China and are only used for export shall comply with the laws, regulations and standards of the destination country or region; Destination countries or regions do not have relevant laws, regulations and standards, should meet the relevant requirements of China's laws, regulations and standards to ensure the quality and safety of export products. E-cigarette related production enterprises that have obtained tobacco monopoly production enterprise licenses and are engaged in export business shall file export records on the e-cigarette trading management platform.

(3) Tobacco monopoly bureaux at all levels should earnestly perform their regulatory duties, strengthen market supervision in accordance with the law, constantly improve government services, and continue to promote the legalization and standardization of e-cigarette governance. The application for the license of e-cigarette related production enterprises, wholesale enterprises and retail entities shall be accepted in accordance with the law, and shall be handled in accordance with the relevant provisions and instructions in force on October 1, 2022.

Second, reaffirm the relevant prohibitive provisions

(1) Individuals, legal persons or other organizations that have not obtained tobacco monopoly licenses shall not carry out e-cigarette-related production and business operations, and licensed entities shall not carry out production and business operations beyond the scope of the license.

(2) No individual, legal person or other organization shall sell e-cigarette products, atomizers and e-cigarette nicotine through information networks other than the e-cigarette trading management platform as stipulated in the Measures for the Administration of e-Cigarettes.

(3) Products that do not meet the mandatory national standards of electronic cigarettes, that is, products that have not passed the technical review, shall not be sold in the domestic market. The electronic cigarette products on the market must be consistent with the product information that has passed the technical review.

(4) It is prohibited to publish e-cigarette advertisements in mass media or public places, public transportation, and outdoors. It is prohibited to send any form of e-cigarette advertising to minors. It is prohibited to use advertisements of other goods or services, public service advertisements, to promote the name, trademark, packaging, decoration and similar content of e-cigarettes. Electronic cigarette manufacturers or sellers issued relocation, name change, recruitment and other notices, shall not contain electronic cigarette names, trademarks, packaging, decoration and similar content. It is prohibited to hold exhibitions, forums, expositions, etc. that promote e-cigarette products in various forms.

(5) General primary and secondary schools, special education schools, secondary vocational schools, specialized schools, kindergartens may not set up electronic cigarette sales outlets around. E-cigarette retail entities must purchase e-cigarette products from local e-cigarette wholesale enterprises, shall not exclusively operate e-cigarette products on the market, and shall not sell e-cigarette products to minors; Warning signs should be set up in the business premises, and electronic cigarette products should not be sold by self-help or disguised sales.

(6) Delivery, carrying e-cigarette products, atomizing substances, nicotine for e-cigarettes in different places, and carrying e-cigarette products into the country shall implement limited management, and shall not exceed the limited limits prescribed by the relevant competent departments of The State Council.

3. Properly handle remaining issues related to the transition period

During the transition period, the licenses of all qualified existing e-cigarette market players have been completed. In order to protect the legal rights of enterprises, the State Tobacco Monopoly Administration and the provincial tobacco monopoly Bureau will accept objections from existing e-cigarette related manufacturers after the transition period.

(1) the subject of the objection. Existing e-cigarette related production enterprises established before November 10, 2021 and obtained business licenses, expressed the intention to apply during the transition period and consider themselves to be existing enterprises, but have not been certified e-cigarette related production enterprises.

(2) Time for accepting objections. From October 8 to October 31, 2022.

(3) Organs that accept objections. Provincial tobacco Monopoly Bureau where the applicant's residence (main business premises, business premises) is located.

(4) Ways of raising objections. The object of objection shall be submitted in writing, mainly including the following materials:

1. Name of the enterprise, legal residence, name of the legal representative (person in charge), name of the contact person, telephone and email address and other contact information;

2. Specific and clear objections;

3. The factual basis for the objection and relevant supporting materials;

4. Date of objection.

The above written materials shall be signed by the legal representative (responsible person) of the enterprise and stamped with the official seal on each page.

The State Tobacco Monopoly Administration and the provincial tobacco monopoly Administration shall check and handle the objections raised by enterprises.

State Tobacco Monopoly Administration

September 28, 2022