State Tobacco Monopoly Administration: Carry Out Special Inspection To Regulate E-cigarette Market Order in 2024

State Tobacco Monopoly Administration: Carry out special inspection to regulate e-cigarette market order in 2024

In order to strengthen the supervision of the e-cigarette market in accordance with the law, maintain good market order, promote the stable and healthy operation of the e-cigarette industry, and continue to consolidate the results of legalization and standardization of e-cigarette industry governance, the State Tobacco Monopoly Administration decided to organize a special inspection to standardize the order of the e-cigarette market in 2024.
Provincial tobacco monopoly bureaus:

In order to strengthen the supervision of the e-cigarette market in accordance with the law, maintain good market order, promote the stable and healthy operation of the e-cigarette industry, and continue to consolidate the results of legalization and standardization of e-cigarette industry governance, the State Tobacco Monopoly Administration decided to organize a special inspection to standardize the order of the e-cigarette market in 2024. The relevant matters are hereby notified as follows:

1. Overall requirements

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will thoroughly implement the spirit of the 20th National Congress of the Communist Party of China and the Second Plenary Session of the 20th Central Committee of the Communist Party of China, and implement the state's efforts to strengthen e-cigarette supervision, standardize market order, protect people's health and safety, and promote the legalization and standardization of industrial governance. legislative purpose. Adhere to laws and regulations, adhere to problem orientation, adhere to overall planning and coordination, comprehensively inspect e-cigarette market entities that have obtained tobacco monopoly licenses in accordance with the law (hereinafter referred to as certified), focus on identifying clues to the illegal operation of e-cigarettes by unlicensed entities, and increase problem rectification and Intensify the investigation and handling of cases, continue to maintain a high-pressure crackdown on illegal and illegal e-cigarette production and operation, continue to correct behaviors that disrupt the order of the e-cigarette market, guide business entities to produce and operate in compliance with laws and regulations, create a good business environment that is fair, just and open, and build a solid electronic cigarette market. The market foundation for the stable and healthy operation of the tobacco industry.

2. Work arrangements

This special inspection lasted for 4 months and was conducted in three stages:

(1) Mobilization and deployment stage (from now until March 31). The State Tobacco Monopoly Administration issued a special inspection plan. Each provincial tobacco monopoly bureau formulated a specific inspection implementation plan based on local conditions, highlighted the key points of inspection, refined implementation measures, carried out mobilization and deployment, and coordinated and arranged the special inspection work in their jurisdiction to ensure that all tasks Effective landing.

(2) Key inspection period (April 1 to June 30). Each provincial tobacco monopoly bureau coordinates and organizes the efforts of various tobacco monopoly bureaus within its jurisdiction, forms relevant inspection teams, and carries out specific inspection work. Strengthen the integration of special inspections with daily supervision, case investigation and policy publicity and implementation, promote on-site inspections, clue identification, situation analysis, rectification and correction, etc., increase administrative law enforcement and case handling, and crack down on all types of e-cigarette-related violations in accordance with the law , to solve outstanding problems affecting the order of the e-cigarette market.

(3) Summary and improvement stage (June 30 to July 15, relevant measures will be maintained for a long time). Each provincial tobacco monopoly bureau will comprehensively summarize the development and effectiveness of special inspections, useful experiences, outstanding problems, major case investigations, policy and measure recommendations, etc. in their respective jurisdictions, and report the special inspection status to the State Tobacco Monopoly Administration before July 15. Strengthen the application of special inspection results, continue to optimize the top-level design of e-cigarette regulatory systems and measures in our jurisdictions, strengthen cross-departmental collaborative regulatory cooperation, and establish and improve long-term regulatory mechanisms.

During the special inspection, the State Tobacco Monopoly Administration will organize a supervision group to supervise the relevant provincial tobacco monopoly bureaus in a timely manner based on the progress of work in various places.

3. Inspection objects and key contents

Inspections are carried out in layers and categories through a combination of written and on-the-spot methods. Insist on the simultaneous advancement of inspection, standardization, rectification, and accountability. Based on the inspection situation, all problems discovered will be ordered to rectify, relevant responsibilities for violations of laws and regulations will be investigated in accordance with procedures, and those suspected of constituting a crime will be promptly transferred to the judicial authorities for investigation of criminal liability in accordance with the law.

(1) Focus on inspecting the compliant production and operation of certified e-cigarette related manufacturing enterprises, the standardized use of licenses, the construction of product quality assurance systems, fixed asset investment and the formation of new production capabilities, logistics, transportation and packaging labeling, sales circulation and publicity and promotion, Production safety, construction of enterprise management systems, rectification of violations of laws and regulations, etc.

(2) Focus on inspecting the system construction, brand (specification) advancement and withdrawal management, logistics management, marketing activity management, and rectification of illegal and rule-breaking issues of certified e-cigarette wholesale enterprises.

(3) Focus on inspecting the compliance operations, purchase channels, sales management, and rectification of violations of laws and regulations of certified e-cigarette retail market entities.

(4) Focus on identifying clues to the illegal operation of e-cigarettes by unlicensed market entities. For illegal market entities that are found to be engaged in the production and operation of e-cigarettes without a license, we will work with relevant government departments to shut down and ban them, and hold those responsible for violations in accordance with the law.

4. Work requirements

(1) Improve ideological understanding and strengthen organizational leadership. Improve political stance and deeply understand the importance of special inspections in protecting people's health and safety, especially the physical and mental health of young people, safeguarding the legitimate rights and interests of business entities and consumers, and promoting the stable and healthy operation of industries. Each provincial tobacco monopoly bureau must set up a special inspection working group to refine tasks, consolidate responsibilities, and supervise implementation step by step to ensure that special inspection tasks are completed with high quality and efficiency.

(2) Carry out orderly and coordinated progress to ensure effectiveness. Pay close attention to the new situations and changes in the e-cigarette industry, market and operating entities, highlight the key points of inspection by layering and classification, coordinate and promote implementation, and strictly standardize, fair and civilized law enforcement. Optimize inspection methods, innovate supervision and inspection tools and methods, establish and improve joint inspection, "double random, one open" supervision, "Internet + supervision", credit supervision and other mechanisms, improve the "one enterprise (household), one file" supervision ledger, and improve Regulatory inspection quality and efficiency. Strengthen the publicity and implementation of e-cigarette laws, regulations and regulatory policies, standardize the business activities of e-cigarette market entities, and guide market entities to fully comply with laws and regulations.

(3) Promote case investigation and improve supervision efficiency. For problems discovered during inspections, in accordance with the principle of "whoever has jurisdiction, who is responsible", we will promptly order and supervise the relevant entities to rectify the problems, and strengthen the follow-up supervision connection. Carry out administrative law enforcement and case handling in accordance with laws and regulations, focusing on classified policy implementation, precise law enforcement, and equal punishment for excessive punishment. Improve the connection mechanism between administrative law enforcement and criminal justice, and transfer suspected criminal cases in accordance with the law. Strengthen the collection of clues and case supervision, promote the linkage of punishment and administrative licensing, remove illegal and bad e-cigarette market entities in accordance with the law, and continue to consolidate the market entity foundation for the stable and healthy operation of the e-cigarette industry.

(4) In-depth refinement and summary, and improve the long-term mechanism. Adhere to the system concept, carefully summarize the experience and practices of special inspections, analyze the causes of recurring, common, and emerging problems from the perspective of regulatory measures and mechanisms, simultaneously promote case handling, similar case management, and systematic governance, and continue to consolidate the foundation of the regulatory system. Strengthen the integration of departments and regional linkages, and deepen the construction of a comprehensive e-cigarette supervision system that is coordinated by multiple parties and jointly managed.

All provincial tobacco monopoly bureaus should regularly report special inspection plans, typical cases and staged progress to the State Tobacco Monopoly Administration, and major cases and important situations should be reported at any time. Strengthen publicity, explain the law with cases, strengthen publicity and guidance around special inspection organization and preparation, joint law enforcement, major results, laws and regulations, etc., and create a good atmosphere of public opinion.

State Tobacco Monopoly Administration Office

March 18, 2024

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