Nanyang Issues Notice on Cracking Down on Illegal Sales of Tobacco Products to Minors

In order to implement the relevant provisions of the "Law of the People's Republic of China on the Protection of Minors" regarding the protection of minors from tobacco harm, and to severely crack down on illegal sales of tobacco to minors through various channels, the government of Nanyang, Henan Province has issued a notice on the strict crackdown on illegal sales of tobacco products to minors.

The notice is as follows:

1. The production, sale, import, and export of tobacco monopoly products are subject to monopoly management according to law, and a tobacco monopoly license system is implemented. E-cigarettes and other new tobacco products are subject to the same regulations as cigarettes.

2. The state and society strengthen publicity and education on the health hazards of smoking, discourage youth from smoking, and prohibit primary and secondary school students from smoking.

3. It is prohibited to set up retail points for tobacco products within primary and secondary schools and within 100 meters of all commuting entrances and exits of primary and secondary schools, as well as within kindergartens and within 50 meters of all commuting entrances and exits of kindergartens. No electronic cigarette retail licenses will be issued within 100 meters of primary and secondary schools and kindergartens. Operators who already hold tobacco monopoly retail licenses in the aforementioned areas should voluntarily withdraw or not renew their licenses upon expiration; those who voluntarily give up their original business location and apply for a new license at another location within the jurisdiction may have the licensing conditions appropriately relaxed according to law and regulations.

4. Units or individuals that obtain a tobacco monopoly retail license must not sell tobacco products or electronic cigarettes and other new tobacco products to minors, and must prominently display relevant prohibition signs at their business premises. If it is difficult to determine whether someone is a minor, they must be asked to present identification. Those without a tobacco monopoly retail license are prohibited from engaging in the retail business of tobacco products and electronic cigarettes and other new tobacco products.

5. Relevant operators who violate the law by selling tobacco products and electronic cigarettes and other new tobacco products to minors will be ordered by the tobacco department to make corrections within a specified time, given a warning, and have illegal gains confiscated, and may be fined up to 50,000 yuan; if they refuse to correct or the circumstances are serious, they will be ordered to suspend business for rectification or have their relevant licenses revoked, and may be fined between 50,000 and 500,000 yuan.

6. Any unit or individual is prohibited from selling cigarettes, electronic cigarettes, or publishing related information through the Internet, WeChat, and other online platforms. E-commerce platforms and Internet companies must strictly comply with tobacco advertising laws and regulations, completely shut down websites or clients involved in tobacco sales, and e-commerce platforms must comprehensively close illegal tobacco-related online stores and remove related products.

7. Any organization or individual that discovers the sale of tobacco products and electronic cigarettes and other new tobacco products to minors should actively discourage and stop such behavior. Relevant law enforcement departments will investigate and deal with illegal acts that violate this notice according to law, and those suspected of committing crimes will be transferred to judicial authorities for handling. We welcome reports of illegal activities, and we solemnly promise to strictly protect the informant's information and handle the case according to law and regulations, providing feedback on the results.

Report hotline:

Nanyang Market Supervision Administration: 12315

Nanyang Tobacco Monopoly Bureau: 12313, 15137712313

This notice is hereby issued.

Nanyang Market Supervision Administration

Nanyang Tobacco Monopoly Bureau

May 31, 2023