The State Tobacco Monopoly Administration Issued The Instructions For Technical Review Of Electronic Cigarette Products (2023 Edition)
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The State Tobacco Monopoly Administration issued the "Instructions for Technical Review of Electronic Cigarette Products (2023 Edition)"
Recently, the official website of the State Tobacco Monopoly Administration released the "Instructions for Technical Review of Electronic Cigarette Products (2023 Edition)". Here's what it's all about:
Instructions for Technical Review of Electronic Cigarette Products(2023 edition)
1. Scope of application
These instructions apply to the application and handling of electronic cigarette product technical review. The filing of export e-cigarette products shall be handled in accordance with the "Instructions for Export Filing of Electronic Cigarettes" and other regulations issued by the national unified e-cigarette transaction management platform.
2. The basis for handling
1. Article 65 of the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" e-cigarettes and other new tobacco products shall be implemented in accordance with the relevant provisions of this regulation on cigarettes.
2. Article 5 of the "Administrative Measures for Electronic Cigarettes" Electronic cigarette products should meet the mandatory national standards for electronic cigarettes. Article 7 The tobacco monopoly administrative department of the State Council shall organize professional institutions to conduct technical review of e-cigarette products based on inspection and testing reports and other application materials. Article 19 Electronic cigarette products that have not passed the technical review shall not be marketed. The e-cigarette products on the market should be consistent with the product information that has passed the technical review. Article 29 Imported e-cigarette products sold in China shall pass technical review and use trademarks approved and registered in China. Article 33 E-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; if the destination country or region does not have relevant laws, regulations and standards, it shall comply with my country’s relevant laws, regulations and standards.
3. "Implementation Rules for Technical Review of Electronic Cigarette Products".
3. Accepting institutions
Provincial tobacco monopoly administrative department.
4. Handling channels
The technical review of electronic cigarette products for domestic sale is handled through the electronic cigarette product technical review management system (hereinafter referred to as the management system), website: https://dzyjssp.tobacco.gov.cn/. The filing of export e-cigarette products is handled through the national unified e-cigarette transaction management platform, website: https://ecig.cn/.
5. Application conditions
(1) Applicant conditions
1. Have the qualification of an enterprise legal person;
2. Be the trademark owner of the electronic cigarette product applied for;
3. Meet the requirements of the national e-cigarette industry policy;
4. Other conditions stipulated by the tobacco monopoly administrative department of the State Council.
If the trademark owner is an overseas enterprise, it shall entrust its establishment or agent in China to apply to the local provincial tobacco monopoly administrative department.
To handle an application for an overseas trademark owner, the conditions in Items 1, 3, and 4 of the preceding paragraph shall be met.
(2) Application product conditions
1. Comply with the mandatory national standards for electronic cigarettes;
2. Use trademarks approved and registered in China;
3. Comply with the relevant regulations on packaging labels and warnings of electronic cigarette products;
4. Other conditions stipulated by the tobacco monopoly administrative department of the State Council.
For e-cigarette products sold in one packaging unit, the pods and supporting smoking accessories should all be products that have passed the technical review.
6. Application information
(1) Domestic sales of e-cigarette products
To apply for technical review of e-cigarette products sold in China, the following materials shall be submitted through the management system:
1. The basic information of the product;
2. The trademark registration certificate of the product;
3. Product packaging and appearance pictures;
4. A sample of the instruction manual is attached to the product;
5. Product description report;
6. Product formula and raw material report;
7. Description of key production processes related to safety;
8. Product inspection and testing reports and other necessary inspection and testing reports;
9. Product safety assessment or demonstration report;
10. The applicant's commitment to the legality, authenticity and completeness of the submitted materials;
11. Other relevant information.
For e-cigarette products sold in one packaging unit, the pods and supporting smoking accessories must have passed the technical review, and only the materials for items 1 to 4 specified in the preceding paragraph need to be submitted.
In addition to the materials specified in the preceding paragraph, imported e-cigarette products also need to provide proof of production or sales in the country (region) where they are located.
After receiving the application, the provincial-level tobacco monopoly administrative department organizes the online review of the materials, and issues paper materials and physical samples mailing notices for those that meet the requirements; those that do not meet the requirements will not be accepted.
After receiving the postal notification, the applicant should submit the technical review paper materials and physical samples consistent with the application materials to the provincial tobacco monopoly administrative department. Please refer to Attachment 1 and Attachment 2 for specific requirements for application materials and reference templates for application materials.
The technical review agency is responsible for reviewing the application materials. If supplements and corrections are required, the applicant shall be notified of the contents to be supplemented and corrected, and the applicant shall complete the supplements and corrections as required.
(2) Supplementary explanation
1. There are two entrances for product technical review application: "Add new products" and "Add new existing series products". Series products refer to products of the same model with different appearances of products and packages, or different quantities of products in boxed units, but with identical other characteristic parameters. When adding a new application, you only need to submit the application materials for any product in the same series through the "Add a new product" entry. Other products in the same series can use the "Add an existing series product" entry to quote the submitted Product information for quick application.
2. When applying for new pods or smoking accessories, it is necessary to fill in the corresponding products. Adapted products can choose self-owned products or non-owned products. If the compatible product is a self-owned product, and the application information has been completely filled and saved, you can directly check the product item in the compatible product list. If the adapted product is also a new product to be applied for, it is necessary to fill in and save all the application materials of the adapted product according to the steps, and then continue to complete the rest of the application materials of the main product. When selecting a non-proprietary product as an adapted product, it is also necessary to upload a letter of authorization for the licensed adaptation of the product.
3. If you apply for technical review for an overseas trademark owner, you need to provide an entrustment agreement signed by both parties (including the name of the e-cigarette product and the authorization time limit for the institution or agent established in China entrusted by the overseas trademark owner to handle the technical review) wait).
4. If the product design (including appearance, structure, formula, raw materials, etc.) changes, it is necessary to log in to the management system again to apply.
5. If trademark transfer is involved, the certificate of trademark transfer shall be submitted at the same time as the trademark registration certificate.
7. Reporting requirements
1. Applicants should complete and submit all application materials in accordance with the requirements of the management system for filling instructions and information prompts;
2. The applicant’s name, address, legal representative and other content filled in the application materials should be consistent with the registration information of the applicant’s main account (except for agency applications), and the same content in the application materials should be filled in consistently. The seal should be consistent with the corresponding subject;
3. The uploaded attachments should be clear and easy to identify, and consistent with the original;
4. The paper materials and physical samples mailed offline should be consistent with the materials submitted online;
5. The declaration information and attachments in the application materials shall be in standardized Chinese, except for foreign languages;
6. The applicant shall truthfully provide relevant information and materials to the management department, and be responsible for the legality, authenticity and completeness of the application materials.
8. Application time
Monday to Friday 8:30-16:30, except national holidays.
9. Process
The handling process is shown in the figure below, and the specific technical review workflow is shown in Appendix 3.
10. Technical review
(1) Review institution
The technical review work shall be carried out by a specialized institution organized by the administrative department in charge of tobacco monopoly under the State Council (hereinafter referred to as the technical review institution).
(2) Review content
1. The completeness and rationality of the product description, formula and raw material report;
2. The validity and applicability of relevant inspection and testing reports;
3. The scientificity, reliability and adequacy of product safety assessment and demonstration;
4. The rationality, feasibility and controllability of product quality and safety assurance;
5. Conformity of product flavor;
6. Other content that requires technical review.
11. Processing time limit
Online review: 8 working days after receiving the application;
Technical review: 60 working days after passing the formal review.
The time required for recheck inspection, on-site inspection, and supplementary evidence materials is not included in the review time limit.
12. Results
The tobacco monopoly administrative department of the State Council will include the products that have passed the technical review into the national unified e-cigarette transaction management platform, regularly publish and implement dynamic management.
From the date of application submission, the applicant can check the status and results of the application through the management system.
13. Prohibitive requirements
Under the following circumstances, the tobacco monopoly administrative department may not accept the application for technical review:
1. It does not belong to the scope of technical review of electronic cigarette products;
2. Submitting repeated or wrong applications;
3. The applicant has been unable to be contacted through the application information for more than five working days;
4. Make corrections that do not meet the requirements;
5. It falls under the circumstances of Article 21 of the "Implementation Rules for Technical Review of Electronic Cigarette Products";
6. Other inadmissible circumstances stipulated by the tobacco monopoly administrative department.
14. Filing requirements
Before the products that pass the technical review are included in the national unified e-cigarette trading management platform, they should complete the product filing with the provincial tobacco monopoly administrative department.
15. Charging Basis and Standards
No charge.
16. Special instructions
Shenzhen Tobacco Monopoly Bureau and Dalian Tobacco Monopoly Bureau belong to the "provincial tobacco monopoly administrative departments" referred to in this Notice.
appendix:
1. Specific requirements for application materials for electronic cigarette product technical review
2. Reference template for application materials for electronic cigarette product technical review
3. Workflow chart of electronic cigarette product technical review
