Official Reply: E-Cigarettes Are Not Tobacco Monopoly Products!
Strictly speaking, e-cigarettes are not the same as heated tobacco products, but to many people outside the industry, the two look very similar and are often confused. When local tobacco authorities investigated illegal sales of heated tobacco cartridges,
Strictly speaking, e-cigarettes are not equivalent to heated non-combustible tobacco products, but for many people outside the industry, the two are so similar in appearance that they can't be clearly differentiated, and often confuse e-cigarettes with heated non-combustible tobacco products.
When the local tobacco bureau investigated and dealt with the case of illegal operation of heated non-combustible cigarette bombs, some uninformed mass media have to & ldquo; XXX busted the first case of illegal operation of e-cigarettes & rdquo; to report on it, which further misleads more people. Early last year, e-cigarette public number dedicated to writing articles to popularize.
Coupled with the phenomenon of excessive law enforcement in many places, offline e-cigarettes have also been required to be taken off the shelves, making it mandatory for operators not to sell e-cigarettes. E-cigarette operators are on tenterhooks and cannot operate with peace of mind.
Recently, a field to Guangdong to open a convenience store operators in Guangdong Tobacco Monopoly Bureau official website message, asked two very representative questions: & ldquo; Please ask the provincial bureau two questions, one is whether e-cigarettes need to be licensed? Secondly, is it legal for the local district and county bureaus to force the front-line managers to take down the shelves? ”
Guangdong Tobacco Monopoly Bureau staff replied, and clearly said & ldquo; e-cigarettes do not belong to the tobacco monopoly, does not apply to the "Tobacco Monopoly Law Enforcement Regulations" of the adjustment & rdquo;. According to this clear answer, it can be concluded that the e-cigarette business does not require a tobacco monopoly license.
The message board on the official website of the Guangdong Tobacco Monopoly Bureau shows that the message was left on April 14, 2020, and the reply was made on April 23, 2020. The staff at the end also explains the reply unit, & ldquo; Reply Unit: Guangdong Tobacco Monopoly Bureau (Company) Monopoly Division & rdquo;.
Details of the content are as follows:
Q: We are just a young couple who came to GuangZhou from abroad to seek a living and opened a small convenience store. It's been hard to survive the epidemic, but lately we've been experiencing something rather annoying, the local tobacco people always come and ask me to take down my e-cigarettes. I know this is not heating and not burning, but I am also worried about whether e-cigarettes are illegal or not.
Therefore, I would like to take the liberty of asking the provincial bureau two questions: First, are e-cigarettes currently required to apply for a tobacco monopoly retail license? Secondly, is it legal for the local district and county bureaus to force me to ask for the off-shelf behavior? If, again, I encounter this kind of thing, how should I deal with it?
A: Hello! E-cigarettes do not belong to tobacco monopoly goods and are not applicable to the adjustment of the Implementation Regulations of the Tobacco Monopoly Law; the production and operation of e-cigarettes should follow the Circular on Prohibition of Sale of E-cigarettes to Minors (Circular of the State Administration of Market Supervision and Administration and State Tobacco Monopoly Bureau, No. 26, 2018), and the Circular on Further Protecting Minors Against the Infringement of E-cigarettes (Circular of the State Tobacco Monopoly Bureau, State Administration for Market Supervision and Administration Circular No. 1 of 2019 ) to carry out the requirements. (Respondent: Monopoly Division, Guangdong Tobacco Monopoly Bureau (Company))
After more than a decade of development of the e-cigarette industry, industry enterprises generally believe that it is necessary and essential to regulate e-cigarettes, but the key is to have standards, and not excessive law enforcement in the management process. This clear answer, which is seen as very important, is conducive to sorting out the problem of unclear offline enforcement.
At the same time, the content of the reply also refers to the circular issued by the two ministries and commissions, e-cigarette public here again call on all colleagues, must be strictly self-discipline, adhere to the bottom line, not to minors sales of e-cigarettes, standardize the operation, and do have the responsibility to bear a socially responsible e-cigarette companies!
When the local tobacco bureau investigated and dealt with the case of illegal operation of heated non-combustible cigarette bombs, some uninformed mass media have to & ldquo; XXX busted the first case of illegal operation of e-cigarettes & rdquo; to report on it, which further misleads more people. Early last year, e-cigarette public number dedicated to writing articles to popularize.
Coupled with the phenomenon of excessive law enforcement in many places, offline e-cigarettes have also been required to be taken off the shelves, making it mandatory for operators not to sell e-cigarettes. E-cigarette operators are on tenterhooks and cannot operate with peace of mind.
Recently, a field to Guangdong to open a convenience store operators in Guangdong Tobacco Monopoly Bureau official website message, asked two very representative questions: & ldquo; Please ask the provincial bureau two questions, one is whether e-cigarettes need to be licensed? Secondly, is it legal for the local district and county bureaus to force the front-line managers to take down the shelves? ”
Guangdong Tobacco Monopoly Bureau staff replied, and clearly said & ldquo; e-cigarettes do not belong to the tobacco monopoly, does not apply to the "Tobacco Monopoly Law Enforcement Regulations" of the adjustment & rdquo;. According to this clear answer, it can be concluded that the e-cigarette business does not require a tobacco monopoly license.
The message board on the official website of the Guangdong Tobacco Monopoly Bureau shows that the message was left on April 14, 2020, and the reply was made on April 23, 2020. The staff at the end also explains the reply unit, & ldquo; Reply Unit: Guangdong Tobacco Monopoly Bureau (Company) Monopoly Division & rdquo;.
Details of the content are as follows:
Q: We are just a young couple who came to GuangZhou from abroad to seek a living and opened a small convenience store. It's been hard to survive the epidemic, but lately we've been experiencing something rather annoying, the local tobacco people always come and ask me to take down my e-cigarettes. I know this is not heating and not burning, but I am also worried about whether e-cigarettes are illegal or not.
Therefore, I would like to take the liberty of asking the provincial bureau two questions: First, are e-cigarettes currently required to apply for a tobacco monopoly retail license? Secondly, is it legal for the local district and county bureaus to force me to ask for the off-shelf behavior? If, again, I encounter this kind of thing, how should I deal with it?
A: Hello! E-cigarettes do not belong to tobacco monopoly goods and are not applicable to the adjustment of the Implementation Regulations of the Tobacco Monopoly Law; the production and operation of e-cigarettes should follow the Circular on Prohibition of Sale of E-cigarettes to Minors (Circular of the State Administration of Market Supervision and Administration and State Tobacco Monopoly Bureau, No. 26, 2018), and the Circular on Further Protecting Minors Against the Infringement of E-cigarettes (Circular of the State Tobacco Monopoly Bureau, State Administration for Market Supervision and Administration Circular No. 1 of 2019 ) to carry out the requirements. (Respondent: Monopoly Division, Guangdong Tobacco Monopoly Bureau (Company))
After more than a decade of development of the e-cigarette industry, industry enterprises generally believe that it is necessary and essential to regulate e-cigarettes, but the key is to have standards, and not excessive law enforcement in the management process. This clear answer, which is seen as very important, is conducive to sorting out the problem of unclear offline enforcement.
At the same time, the content of the reply also refers to the circular issued by the two ministries and commissions, e-cigarette public here again call on all colleagues, must be strictly self-discipline, adhere to the bottom line, not to minors sales of e-cigarettes, standardize the operation, and do have the responsibility to bear a socially responsible e-cigarette companies!
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