Notice of the State Tobacco Monopoly Administration on the revision and issuance of detailed rules for the management of electronic cigarette logistics and policy interpretation

Notice of the State Tobacco Monopoly Administration on the revision and issuance of detailed rules for the management of electronic cigarette logistics and policy interpretation

On August 11, the official website of the State Tobacco Monopoly Administration released a policy interpretation of the "Electronic Cigarette Logistics Management Rules" and a notice on the revision and issuance of the Electronic Cigarette Logistics Management Rules, with the original text attached.

On August 11, the official website of the State Tobacco Monopoly Administration released a policy interpretation of the "Electronic Cigarette Logistics Management Rules" and a notice on the revision and issuance of the Electronic Cigarette Logistics Management Rules. The following is the original content:

Policy interpretation of the "Electronic Cigarette Logistics Management Rules"

In order to further standardize the electronic cigarette logistics behavior and improve the supervision level of new tobacco products such as electronic cigarettes, the State Tobacco Monopoly Administration revised and issued the "Electronic Cigarette Logistics Management Rules".

The revised "Electronic Cigarette Logistics Management Rules" include general rules, logistics management of electronic cigarette production links, logistics management of electronic cigarette wholesale links, logistics management of electronic cigarette import and export links, supervision and inspection, and supplementary provisions, totaling six chapters and 32 articles. The main contents are: First, it clarifies the applicable objects of electronic cigarette logistics management; second, it clarifies the warehousing, transportation (distribution) and delivery specifications of each link of electronic cigarette production and operation; third, it clarifies the overall principles of logistics management of electronic cigarette wholesale enterprises, logistics node settings, logistics operation modes, distribution vehicle configurations, and relevant logistics service providers. Qualification requirements; fourth, it clarifies the supervision and inspection methods of tobacco monopoly administrative departments on electronic cigarette logistics.

Notice of the State Tobacco Monopoly Administration on the revision and issuance of the Electronic Cigarette Logistics Management Rules

All provincial tobacco monopoly bureaus:

In order to further standardize electronic cigarette logistics behavior and improve the supervision level of new tobacco products such as electronic cigarettes, the revised "Electronic Cigarette Logistics Management Rules" are now issued to you, please follow them.

E-cigarette logistics management rules

Chapter I General Provisions

Article 1 In order to regulate the logistics of e-cigarettes, these rules are formulated in accordance with the Tobacco Monopoly Law of the People's Republic of China, the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, the Measures for the Administration of Tobacco Monopoly Permits (Order No. 36 of the Ministry of Industry and Information Technology), the Measures for the Administration of Electronic Cigarettes (Announcement No. 1 of the State Tobacco Monopoly Administration in 2022), and other laws, regulations, rules and normative documents.

Article 2 These rules apply to the management of the storage, sorting, transportation and distribution of e-cigarette products, atomizers, nicotine for e-cigarettes, and nicotine raw materials for e-cigarettes.

Article 3 Electronic cigarette manufacturers, atomizer manufacturers, nicotine manufacturers for electronic cigarettes, nicotine raw material sales companies for electronic cigarettes, electronic cigarette wholesale companies (including electronic cigarette import and operation companies) and related service providers shall establish relatively fixed logistics nodes in accordance with regulatory requirements, strictly regulate warehousing, sorting, transportation and distribution, and rely on electronic cigarette related information systems to collect, maintain and upload data information, strengthen safety management, and implement safety responsibilities.

Article 4 Establish and improve an electronic cigarette logistics system with standardized management, safe and controllable, efficient services, and stable and orderly, promote the planning, standard formulation and application of new technologies related to electronic cigarette logistics, and promote smooth and standardized electronic cigarette logistics.

Chapter II Logistics Management of Electronic Cigarette Production Links

Article 5 The relevant provisions on the management of tobacco monopoly product transportation permits shall apply for the transportation of nicotine raw materials for electronic cigarettes. Electronic cigarette nicotine raw material sales companies and electronic cigarette nicotine manufacturers shall apply for and use tobacco monopoly product transportation permits in accordance with regulations.

Article 6  Electronic cigarette manufacturers, atomizer manufacturers, and nicotine manufacturers for electronic cigarettes shall generate relevant logistics documents on the trading platform according to the transaction contract (including orders, the same below) signed on the National Unified Electronic Cigarette Trading Management Platform (hereinafter referred to as the trading platform) when shipping domestic electronic cigarette products, atomizers, and nicotine for electronic cigarettes, and electronic cigarette importers shall generate relevant logistics documents on the trading platform according to the transaction contract (including orders, the same below) signed on the National Unified Electronic Cigarette Trading Management Platform (hereinafter referred to as the trading platform) when shipping domestic electronic cigarette products.

Electronic cigarette manufacturers shall scan the code for registration when shipping domestic electronic cigarette products, and establish an association between the product QR code and the transaction contract.

Article 7  For the transportation of domestic electronic cigarette products and domestic or imported atomizers and nicotine for electronic cigarettes, logistics documents shall be attached, and the information of the transported goods shall be consistent with the logistics documents, the corresponding information registered in the tobacco monopoly license, and the registration information of the trading platform. If there is a change in the warehouse, it shall be verified by the tobacco monopoly administrative department where the warehouse is located, and the relevant information shall be maintained on the trading platform in a timely manner.

After the goods arrive at the destination, the consignee 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 consignor's shipping information, and fill in the arrival information on the trading platform in a timely manner.

Domestic electronic cigarette products shall be registered by scanning the code when entering the warehouse.

Chapter III Logistics Management of Electronic Cigarette Wholesale Links

Article 8 Electronic cigarette wholesale enterprises (including electronic cigarette import and operation enterprises) shall follow the requirements of transparent rules, clear paths, clear nodes, and smooth operation, reasonably plan the logistics system, strictly control logistics costs, and realize the efficient and economical operation of the entire process of electronic cigarette product warehousing, sorting, and distribution.

Article 9 Electronic cigarette wholesale enterprises (including electronic cigarette import and operation enterprises) shall designate one or more electronic cigarette product warehousing and sorting centers within the territorial area, which shall be responsible for the centralized warehousing, order sorting, transit transportation and distribution services of electronic cigarette products.

Article 10 Electronic cigarette wholesale enterprises (including electronic cigarette import and operation enterprises) shall be responsible for the warehousing business of electronic cigarette products independently, and the construction of electronic cigarette product warehousing and sorting centers shall give priority to the appropriate transformation of existing logistics distribution centers. If the existing logistics distribution center does not have the conditions for transformation or its site cannot meet the logistics operation needs of electronic cigarette products, the company's existing surplus logistics resources should be selected for transformation. If the existing logistics resources cannot meet the logistics operation needs of electronic cigarette products, other logistics resources can be rented.

Article 11  After the domestic electronic cigarette products arrive at the storage 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 manufacturer, and fill in the arrival information on the transaction platform in a timely manner.

Electronic cigarette products shall be scanned and registered when entering the warehouse.

Article 12  Electronic cigarette wholesale enterprises (including electronic cigarette import and operation enterprises) shall be responsible for the electronic cigarette product sorting business independently, set up corresponding sorting sites according to the types and packaging characteristics of electronic cigarette products, and if equipment is really needed, idle equipment resources shall be used first.

Article 13  Electronic cigarette wholesale enterprises (including electronic cigarette import and operation enterprises) shall scan and register when sorting products out of the warehouse, establish the association between the product QR code and the retail order, and upload relevant information in the electronic cigarette QR code traceability system in a timely manner.

Electronic cigarette wholesalers (including electronic cigarette importers) can distribute electronic cigarette products independently or by purchasing logistics services. Retail orders should be attached during distribution, and the information of the distributed goods should be consistent with the retail orders, the corresponding information of the registration of the tobacco monopoly license and the registration information of the trading platform.

Article 14  After the electronic cigarette products arrive at the electronic cigarette retail outlets, the electronic cigarette retail operators shall check whether the electronic cigarette products are consistent with the retail orders according to the retail orders, and confirm the receipt of the electronic cigarette products.

Chapter IV  Logistics management of electronic cigarette import and export links

Article 15  The transportation of imported electronic cigarette products, atomizers, and nicotine for electronic cigarettes to the designated warehouses of electronic cigarette importers after customs clearance shall be filed on the trading platform by electronic cigarette importers in accordance with relevant regulations.

Article 16  Before transporting electronic cigarette products, atomizers, and nicotine for electronic cigarettes for export, electronic cigarette related manufacturers shall file on the trading platform in accordance with relevant regulations. If they fail to file in time as required, they shall be handled in accordance with relevant regulations.

Electronic cigarette logistics service providers shall not provide services aimed at circumventing domestic and foreign regulatory systems.

Article 17  During the domestic transportation process, electronic cigarette related manufacturers and related service providers shall not illegally sell and export electronic cigarette products, atomizers, and nicotine for electronic cigarettes.

Chapter V  Supervision and Inspection

Article 18  The tobacco monopoly administrative department shall supervise and manage the collection, maintenance, and uploading of relevant information through online monitoring, regular inspections, and random inspections.

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

Article 19  If the transportation and delivery of goods cannot be completed within the agreed time of the contract due to force majeure or unexpected events, the consignor shall upload the relevant information to the trading platform in a timely manner.

Article 20  The tobacco monopoly administrative department shall supervise and inspect the implementation of these rules in accordance with the law, and jointly with relevant departments, investigate and punish illegal and irregular transportation of electronic cigarette products, atomizers, nicotine for electronic cigarettes, and nicotine raw materials for electronic cigarettes in accordance with the law.

Article 21 Electronic cigarette manufacturers, atomizer manufacturers, nicotine manufacturers for electronic cigarettes, nicotine raw material sales companies for electronic cigarettes, electronic cigarette wholesale companies (including electronic cigarette import and operation companies) and related service providers shall cooperate with logistics supervision and inspection, provide relevant information truthfully, and shall not hinder or refuse supervision and inspection in any way.

Article 22 Units or individuals are encouraged to conduct social supervision on logistics activities such as electronic cigarette transportation, and complaints and reports can be made through the 12313 tobacco market supervision service hotline. The tobacco monopoly administrative department shall handle it in accordance with its duties and relevant procedures.

Article 23 Violations of these rules shall be handled by the tobacco monopoly administrative department and other departments in accordance with the division of responsibilities and the relevant provisions of relevant laws, regulations, rules and normative documents.

Chapter VI Supplementary Provisions

Article 24 The storage of nicotine raw materials for electronic cigarettes shall be carried out in accordance with the relevant provisions of tobacco monopoly product management.

The production, storage, use, operation and transportation of nicotine for electronic cigarettes shall also comply with the provisions of the laws, regulations, rules and normative documents on the safety management of hazardous chemicals.

Warehouses storing electronic cigarette products and atomizers shall be physically isolated from each other or from other product warehouses, and shall be kept dry, ventilated, light-proof, clean, and odor-free. Electronic cigarette products and atomizers shall be stacked away from the ground and away from the wall, and shall not be stored together with toxic and harmful items.

Article 25  Transportation or distribution tools shall be dry, clean, and odor-free. During transportation or distribution, transportation or distribution tools shall meet the conditions of rainproof, moisture-proof, sun-proof, squeeze-proof, and violent vibration-proof, and shall not be mixed with toxic, harmful, and odorous items.

Article 26  When purchasing logistics services for the transportation or distribution of electronic cigarette products, atomizers, nicotine for electronic cigarettes, and nicotine raw materials for electronic cigarettes, a logistics service provider with relevant qualifications shall be selected, a written contract shall be signed in accordance with the law, the product objects to be transported or provided shall be clearly stated to the logistics service provider, and the responsibilities of the logistics service provider shall be clarified.

When electronic cigarette wholesale enterprises (including electronic cigarette import and operation enterprises) purchase logistics services for the distribution of electronic cigarette products, they shall also comply with relevant regulations on procurement management, integrity and self-discipline, etc. The selected logistics service provider shall meet the following conditions:

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

(ii) Have the corresponding business scope and possess the qualifications required to undertake the corresponding business.

Article 27 Nicotine raw materials for electronic cigarettes refer to tobacco leaves, tobacco shreds (including shreds, powder, granules, the same below), tobacco stems, etc. that cannot be used for cigarette production but can be used to produce nicotine for electronic cigarettes.

Article 28 Nicotine raw material sales enterprises for electronic cigarettes include cigarette industrial enterprises, commercial enterprises, leaf threshing and redrying enterprises, etc. with independent legal person status. The scope of their tobacco monopoly production enterprise license shall include: the sale of tobacco leaves, tobacco shreds, tobacco stems, etc. that cannot be used for cigarette production but can be used to produce nicotine for electronic cigarettes, or the sale of tobacco leaves, etc.

Article 29 Electronic cigarette import and operation enterprises refer to enterprises that have obtained tobacco monopoly wholesale enterprise licenses and whose scope of licenses includes the import of nicotine for electronic cigarettes, atomizers, and electronic cigarette product operations or wholesale businesses.

Article 30  The logistics documents referred to in these rules need to be generated by the shipper on the trading platform according to the content of the transaction contract signed on the trading platform. One transaction contract can be decomposed into multiple logistics documents.

Article 31  These rules shall be interpreted by the tobacco monopoly administrative department of the State Council.

Article 32  These rules shall come into force on the date of promulgation. The "Electronic Cigarette Logistics Management Rules" in the "Notice of the State Tobacco Monopoly Administration on Issuing the Electronic Cigarette Logistics Management Rules and the Electronic Cigarette Transaction Management Rules (Trial)" (State Tobacco Office [2022] No. 77) issued on June 2, 2022 shall be abolished at the same time.