China's State Tobacco Monopoly Administration Issues Detailed E-Cigarette Management Measures, Effec

No. 1 of 2022

In order to further strengthen the supervision of new tobacco products such as e-cigarettes, standardize market order, ensure people's health and safety, and promote the legalization and standardization of industrial governance, in accordance with the Tobacco Monopoly Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, and the People's Republic of China, the State Tobacco Monopoly Administration has formulated the "Measures for the Management of Electronic Cigarettes", which is hereby announced and will come into effect on May 1, 2022.

state tobacco monopoly Bureau

March 11, 2022

(Proactive disclosure)

E-cigarette management measures

chapter I General provisions

Article 1 In order to strengthen the management of e-cigarettes and standardize the order of the e-cigarette market, these Measures are formulated in accordance with the Tobacco Monopoly Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, and the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China.

Article 2 These Measures shall apply to the production, operation and supervision and management of e-cigarettes within the territory of the People's Republic of China.

Article 3 The term "e-cigarettes" as mentioned in these Measures includes cigarette bombs, smoking equipment, and products sold in combination with cigarette bombs and smoking equipment.

Article 4 The tobacco monopoly administrative department of the State Council is responsible for the supervision and management of e-cigarettes nationwide, and is responsible for formulating and organizing the implementation of e-cigarette industry policies. The tobacco monopoly administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for implementing relevant industrial policies and are responsible for the supervision and management of e-cigarettes within their own administrative regions. In cities and counties that have tobacco monopoly administrative departments, the municipal and county tobacco monopoly administrative departments shall be in charge of the supervision and management of e-cigarettes within their respective administrative areas.

Article 5 E-cigarette products shall comply with the mandatory national standards for e-cigarettes.

E-cigarette production and operation entities should be honest and trustworthy, and carry out production and operation activities in accordance with the law.

Article 6 The state and society strengthen publicity and education on the health hazards of smoking e-cigarettes, dissuade young people from smoking e-cigarettes, and prohibit primary and secondary school students from smoking e-cigarettes.

Chapter 2 Production and Quality Management

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 application materials such as inspection and testing reports.

The e-cigarette inspection and testing institution certified by the tobacco monopoly administrative department of the State Council undertakes the inspection, testing, monitoring and evaluation required for supervision and management.

The tobacco monopoly administrative department has established a random inspection and testing system for e-cigarettes to conduct regular or irregular inspections or inspections of enterprises, individuals and their products that have obtained licenses.

Article 8 The establishment of e-cigarette production enterprises (including product production, agent processing, brand holding enterprises, etc., the same below), aerosol production enterprises and nicotine production enterprises for e-cigarettes, etc. shall be reported to the tobacco monopoly administrative department of the State Council for review and approval. Only after approval can the project approval be approved in accordance with relevant national regulations. The establishment of the above-mentioned enterprises must be approved by the tobacco monopoly administrative department of the State Council, obtain a tobacco monopoly production enterprise license, and be approved and registered by the market supervision and management department; their division, merger, and cancellation must be approved by the tobacco monopoly administrative department of the State Council, and submitted to the market. Supervision and management department handles relevant registration procedures. If a tobacco monopoly production enterprise license has not been obtained, the market supervision and management department will not approve and register.

The initial public offering and listing of stocks by enterprises specified in the preceding paragraph shall be reported to the tobacco monopoly administrative department of the State Council for review and approval.

Article 9 To engage in the production and operation of e-cigarette products, aerosolized materials, nicotine for e-cigarettes, etc., and obtain a tobacco monopoly production enterprise license, the following conditions must be met:

(1) Having funds commensurate with production;

(2) Having the necessary technical and equipment conditions for production;

(3) Comply with the requirements of national e-cigarette industry policies;

(4) Other conditions stipulated by the tobacco monopoly administrative department of the State Council.

If the above-mentioned production enterprises need permission from other departments concerned, they shall also obtain corresponding permission.

If an e-cigarette brand holding enterprise applies for a tobacco monopoly production enterprise license, in addition to meeting the conditions specified in Items 1, 3 and 4 of paragraph 1, it shall also submit application materials such as the e-cigarette entrusted business agreement.

Applicants shall be responsible for the legality, authenticity and integrity of the content of their application materials.

Article 10 If an e-cigarette business entity holding a tobacco monopoly production enterprise license changes the scope of the license or has other circumstances specified by the tobacco monopoly administrative department of the State Council, it shall apply for a tobacco monopoly license again; if other registered matters change, it shall promptly change the tobacco monopoly license.

Article 11 E-cigarette production enterprises, aerosol production enterprises and nicotine production enterprises for e-cigarettes must obtain approval from the tobacco monopoly administrative department of the State Council for basic construction or technical transformation in order to expand production capacity.

Article 12 Tobacco monopoly products such as tobacco leaves (including reconstituted tobacco leaves and tobacco stems, the same below), re-cured tobacco leaves, and tobacco tobacco used by e-cigarette product production enterprises, e-cigarette brand holding enterprises, aerosolized material production enterprises and e-cigarette nicotine production enterprises shall be purchased from tobacco companies that have the right to operate tobacco leaves, re-cured tobacco leaves, cut tobacco and other tobacco monopoly products as well as tobacco waste shall not be illegally purchased. The tobacco monopoly administrative department of the State Council issued a purchase and sales plan for tobacco monopoly products such as tobacco leaves, re-cured tobacco leaves, and shredded tobacco.

Article 13 Electronic cigarette products shall use registered trademarks, and the use and management of tobacco product trademarks shall be governed by the regulations on the use and management of electronic products.

Article 14 E-cigarette products shall comply with the relevant provisions on e-cigarette product packaging logos and warnings.

Article 15 Those engaged in e-cigarette production and operation activities shall establish a product quality assurance system and be responsible for the quality of their products.

If the production of e-cigarette products is entrusted, the e-cigarette brand holding enterprise shall be responsible for the quality of the e-cigarette products entrusted to produce, and strengthen the management of the production behavior of the entrusted processing enterprise to ensure that it produces in accordance with legal requirements.

Article 16 The tobacco monopoly administrative department of the State Council shall establish a unified e-cigarette product traceability system to strengthen the full-process management of e-cigarettes.

Chapter 3 Sales Management

Article 17 Enterprises that have obtained a tobacco monopoly wholesale enterprise license must obtain the approval of the tobacco monopoly administrative department and change the scope of the license before engaging in the wholesale business of e-cigarette products.

Article 18 Anyone engaged in e-cigarette retail business shall apply to the tobacco monopoly administrative department for obtaining a tobacco monopoly retail license or changing the scope of the license in accordance with the law.

To obtain a tobacco monopoly retail license to engage in e-cigarette retail business, you must meet the following conditions:

(1) Have funds suitable for operating the e-cigarette retail business;

(2) Having a fixed business site independent of his residence;

(3) Meet the requirements for reasonable layout of local e-cigarette retail outlets;

(4) Other conditions stipulated by the tobacco monopoly administrative department of the State Council.

Sales outlets for e-cigarette products are not allowed to be set up around ordinary primary and secondary schools, special education schools, secondary vocational schools, special schools, and kindergartens.

Article 19 The tobacco monopoly administrative department of the State Council shall establish a unified national e-cigarette trading management platform.

E-cigarette production enterprises, aerosol production enterprises, e-cigarette nicotine production enterprises, e-cigarette wholesale enterprises, e-cigarette retail business entities, etc. that have obtained tobacco monopoly licenses in accordance with the law should conduct transactions through the e-cigarette transaction management platform.

E-cigarette products that have not passed the technical review shall not be sold on the market. Electronic cigarette products on the market should be consistent with product information that has passed technical review.

Article 20 E-cigarette product production enterprises, e-cigarette brand holding enterprises, etc. that have obtained tobacco monopoly licenses in accordance with the law shall sell e-cigarette products to e-cigarette wholesale enterprises through the e-cigarette transaction management platform.

E-cigarette wholesale enterprises are not allowed to provide e-cigarette products to units or individuals that are not qualified to engage in e-cigarette retail business.

Enterprises or individuals that have obtained a tobacco monopoly retail license and are qualified to engage in e-cigarette retail business shall purchase e-cigarette products from local e-cigarette wholesale enterprises, and shall not exclusively operate e-cigarette products that are on the market.

Article 21 The supervision and management of e-cigarette advertisements shall apply to the provisions on tobacco advertisements in relevant laws, regulations and rules. 

It is prohibited to hold various forms of exhibitions, forums, expos, etc. that promote e-cigarette products.

Article 22 It is prohibited to sell e-cigarette products to minors. E-cigarette operators should set up signs in prominent positions not to sell e-cigarettes to minors; if it is difficult to determine whether they are minors, they should be required to show their identity documents.

Article 23 It is prohibited to use vending machines and other self-service sales methods to sell or sell e-cigarette products in disguise.

No individual, legal person or other organization may sell e-cigarette products, aerosols and nicotine for e-cigarettes through information networks other than the e-cigarette transaction management platform stipulated in these Measures.

Article 24 The transportation of e-cigarette products, aerosolized substances, nicotine for e-cigarettes, etc. shall be subject to the supervision of the tobacco monopoly administrative department.

Limiting management shall be implemented for the delivery and carrying of e-cigarette products, aerosolized substances, and nicotine for e-cigarettes, and shall not exceed the limits stipulated by the relevant competent departments of the State Council.

Article 25 Individuals carrying e-cigarette products into China shall be subject to limited management, and shall not exceed the limit stipulated by the relevant competent department of the State Council.

Article 26 It is prohibited to sell flavored electronic cigarettes other than tobacco flavor and electronic cigarettes that can add atomized substances by themselves.

Chapter 4 Import and Export Trade and Foreign Economic and Technological Cooperation

Article 27 The tobacco monopoly administrative department of the State Council shall supervise and manage the import and export trade and foreign economic and technological cooperation of e-cigarettes in accordance with the law.

Article 28 Enterprises holding a tobacco monopoly wholesale enterprise license may engage in wholesale business of imported products only after the approval of the tobacco monopoly administrative department under the State Council has changed the scope of the license.

Article 29 For imported e-cigarette products, aerosolized materials and nicotine for e-cigarettes, the demand shall be reported to the tobacco monopoly administrative department of the State Council and shall comply with relevant national regulations.

Imported e-cigarette products, aerosolized substances and nicotine for e-cigarettes shall be sold to e-cigarette wholesale enterprises, e-cigarette product production enterprises and e-cigarette brand holding enterprises through the e-cigarette transaction management platform specified in these Measures.

Imported e-cigarette products sold in China must pass technical review and use trademarks approved and registered in China.

Article 30 Imported e-cigarette products shall be subject to commodity inspection in accordance with relevant national regulations.

Article 31 Imported e-cigarette products shall be marked on the packaging with the words prescribed by the tobacco monopoly administrative department of the State Council.

Article 32 The packaging of e-cigarette products specially for export shall comply with the requirements stipulated by the tobacco monopoly administrative department of the State Council.

Article 33 E-cigarette products that are not sold in China but 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, they shall comply with relevant requirements of our country's laws, regulations and standards.

Chapter 5 Supervision and Inspection

Article 34 The tobacco monopoly administrative department shall supervise and inspect the implementation of these Measures in accordance with the law, investigate and deal with cases of violations of these Measures, and shall, in conjunction with relevant departments, investigate and deal with the production and sales of counterfeit e-cigarette products, aerosolized materials and nicotine for e-cigarettes, etc. and infringement of intellectual property rights, illegal operations, smuggling, etc.

The tobacco monopoly administrative department or the tobacco monopoly administrative department, in conjunction with relevant departments, may inspect and deal with illegal transportation of e-cigarette products, aerosols and nicotine for e-cigarettes in accordance with the law.

Article 35 When investigating and handling cases that violate these Measures, the tobacco monopoly administrative department may exercise the following powers:

(1) Interrogating parties, suspects and witnesses in illegal cases;

(2) Inspect the business premises of the parties to illegal cases and dispose of illegally produced or operated e-cigarette products, aerosolized substances and nicotine for e-cigarettes in accordance with the law;

(3) Reviewing and copying contracts, invoices, account books, receipts, records, documents, business correspondence and other materials related to illegal activities.

Article 36 For individuals, legal persons and other organizations that violate these Measures, the tobacco monopoly administrative department may take regulatory interviews, suspend the platform trading qualifications, order the suspension of production and operation business, and carry out rectification, until they are cancelled in accordance with the law to engage in e-cigarette products, atomization and other production and operation business qualifications such as nicotine for e-cigarettes.

Article 37 The tobacco monopoly administrative department shall establish a credit management system, list untrustworthy market entities as key supervision and inspection objects, strengthen supervision, and at the same time incorporate untrustworthy information into the national credit information sharing platform and the national enterprise credit information publicity system, and publicize it in accordance with the law.

Article 38 The product quality supervision and inspection of e-cigarettes and the identification and testing of counterfeit registered trademark e-cigarette products, counterfeit e-cigarette products, etc. shall be carried out by e-cigarette inspection and testing institutions certified by the tobacco monopoly administrative department of the State Council or by e-cigarette inspection and testing institutions that comply with legal provisions.

Article 39 Units and individuals that have made meritorious contributions to reporting cases of illegal production and sales of e-cigarette products, aerosolized substances and nicotine for e-cigarettes shall be rewarded.

Chapter VI supplementary provisions

Article 40  The term "cigarette bombs" as used in these Measures refers to electronic cigarette components containing atomized substances, etc.; Smoking equipment includes e-cigarette smoking equipment, heated cigarette smoking equipment and smoking equipment used for other new tobacco products. Electronic cigarette smoking equipment refers to devices that use cigarette liquid, etc. to allow people to smoke, suck, chew or inhale through atomization; products sold in combination with cigarette bombs and smoking equipment include disposable e-cigarettes, electronic cigarette products sold in one packaging unit in accordance with relevant national standards, etc.; Atomized substances refer to mixtures and auxiliary substances that can be completely or partially atomized into aerosols by electronic devices.

Article 41 If a business entity obtains or changes relevant licensing matters in these Measures, it shall go through relevant registration procedures with the market supervision and management department in accordance with the law.

Article 42 Those who violate these Measures shall be punished according to the provisions on legal liability in laws and regulations by the tobacco monopoly law of the People's Republic of China, the law of the People's Republic of China on the Protection of Minors, and the regulations on the implementation of the tobacco monopoly law of the People's Republic of China in accordance with the division of responsibilities.

Article 43 Heated cigarettes are included in cigarette management. 

Other new tobacco products shall be implemented in accordance with the relevant provisions of these Measures.

Article 44 The interpretation of these Measures shall be the responsibility of the tobacco monopoly administrative department of the State Council.

Article 45 These Measures shall come into effect on May 1, 2022.