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The governance of the e-cigarette industry is entering the track of legalization and standardization

Recently, when Zhang Jianmin, Secretary of the Party Leadership Group and Director of the State Tobacco Monopoly Administration, investigated the legalization and standardized governance of the e-cigarette industry in Shenzhen, he pointed out that the Shenzhen Municipal Bureau Party Leadership Group has fully implemented the deployment requirements of the National Bureau Party Leadership Group and closely integratedShenzhen e-cigarettesIn reality, we must adhere to strengthening the supervision of e-cigarettes in accordance with the law and actively guide them.e-cigarette enterprisesLegal operation and focus on standardizatione-cigarette marketOrder will promote the governance of Shenzhen's e-cigarette industry to fully enter the track of legalization and standardization.

It is understood that since the issuance of the" Decision of the State Council on Amending the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China "in November 2021 (hereinafter referred to as the" Decision "of the State Council), the State Tobacco Monopoly Administration has effectively realized the transformation of the e-cigarette market from lack of supervision to legal governance, from chaos and disorder to standardized and orderly, and from barbaric growth to strict management.

Farewell to barbaric growth

" In the past, my country's supervision of e-cigarettes was almost blank. E-cigarettes were neither drugs or medical devices, nor were they officially classified as tobacco. However, with the introduction of relevant regulations on e-cigarettes in my country, it indicates that #p#pagination title #e#e-cigarette industryOr he will completely bid farewell to the situation of 'barbaric growth'." Liu Wei, a lawyer at Beijing Yongwen Law Firm, told a reporter from Rule of Law Daily.

Liu Wei further said that in November 2021, Article 65 of the State Council's Decision stipulates that e-cigarettes, etc.new tobaccoProducts shall be implemented in accordance with the relevant provisions of these Regulations on cigarettes. This means that e-cigarettes are officially included in the tobacco system supervision.

Judging from other regulations at the national level, the State Administration for Market Regulation and the State Tobacco Monopoly Administration announced the" Notice on Prohibiting the Sale of E-Cigarettes to Minors "on August 28, 2018. In order to strengthen the social protection of the physical and mental health of minors, all types of market entities are required not to sell e-cigarettes to minors.

On April 8, 2022, the State Administration for Market Regulation approved the mandatory national standard for" Electronic Cigarettes ", which will be implemented from October 1, 2022.

From the perspective of local regulations, for example, the Shenzhen Special Economic Zone Smoking Control Regulations (Revised in 2019) include e-cigarettes in the scope of smoking control.

It can be seen that the country's policy on e-cigarettes In terms of the current supervision status of the industry (excluding heated tobacco products), Liu Wei believes that, first, e-cigarettes are currently implemented in accordance with relevant regulations on cigarettes and have been included in the tobacco system supervision; since 2022, the country has formulated national mandatory standards for e-cigarettes; Second, in the field of circulation, the country has introduced regulations prohibiting the sale of e-cigarettes to minors by various market entities and prohibiting the sale of e-cigarettes through the Internet, and stipulates qualification requirements for the production and sale of e-cigarettes; Third, in terms of advertising, the state prohibits e-cigarette production and sales companies or individuals from publishing e-cigarette advertisements through the Internet.

Standardize penalty standards

It is understood that in order to standardize the implementation of administrative penalties for tobacco monopoly, ensure and supervise the effective implementation of administrative management by the Tobacco Monopoly Bureau, safeguard the national tobacco monopoly system, and protect the legitimate rights and interests of citizens, legal persons or other organizations, the Ministry of Industry and Information Technology recently revised and The" Regulations on Administrative Punishment Procedures for Tobacco Monopoly "(hereinafter referred to as the" Regulations ") have been promulgated, which will come into effect on July 20, 2023 and are applicable to the imposition of administrative penalties by tobacco monopoly bureaus at all levels. The "Regulations on Administrative Punishment Procedures for Tobacco Monopoly" promulgated on January 21, 2010 will be repealed at the same time.

Recently, at a video and telephone conference on the implementation of the" Regulations on Administrative Punishment Procedures for Tobacco Monopoly ", Han Zhanwu, member of the Party Leadership Group and Deputy Director of the State Tobacco Monopoly Administration, pointed out that the newly revised" Regulations "are based on the" Administrative Punishment Law of the People's Republic of China revised in 2021. Combined with the actual revision of tobacco monopoly law enforcement work, it is an effective implementation and supplement to the "Administrative Punishment Law of the People's Republic of China" in the field of tobacco monopoly administrative law enforcement, and the system is more standardized and clear. The content is more scientific and complete, with strong guidance and operability.

It is worth noting that the main revisions of the" Regulations "emphasize the improvement of regulations on the execution of administrative penalties and law enforcement supervision. Clarify the procedures for postponing the payment of fines, increase administrative law enforcement review, assessment, and social supervision mechanisms, and at the same time strengthen accountability, including law enforcement without law enforcement qualifications and failure to promptly file cases that meet the filing standards into accountability situations. In order to implement the latest revision of the "Regulations on the Implementation of the Tobacco Monopoly Law", it is clear that these Provisions apply to administrative penalties for new tobacco violations such as e-cigarettes.# p#pagination title #e#

In Liu Wei's view, the practical significance of the revision of the Regulations is to strengthen the legitimacy and fairness of the law enforcement process, clarify all aspects and procedural requirements of the tobacco monopoly administrative penalty procedure, ensure that law enforcement personnel exercise their powers in accordance with the law when performing tasks, and increase the credibility and credibility of law enforcement results. The second is to improve law enforcement efficiency and unified standards, stipulate the time limit, scope of application and review procedures for tobacco monopoly administrative penalties, simplify law enforcement procedures, improve law enforcement efficiency, and standardize penalty standards to avoid subjective judgments and unfairness in the law enforcement process.

Improve the system

Han Zhanwu emphasized in the video and telephone conference that we must improve our stance and deeply understand the basic principles of the Regulations. Further deepen the concept of law enforcement for the people, adhere to the value orientation of fairness and justice, and aim to "improve the quality of law enforcement and increase people's satisfaction with administrative law enforcement", further improve the law enforcement system, improve law enforcement capabilities, and improve law enforcement methods, so that law enforcement is more powerful; further improve the level of legalization of law enforcement procedures, standardize the operation of administrative power, ensure the exercise of rights of parties, and improve administrative efficiency; Further increase supervision of law enforcement behavior, strictly implement the "three systems" of administrative law enforcement publicity, full-process record of law enforcement, and legal review of major law enforcement decisions, improve law enforcement supervision mechanisms, standardize law enforcement supervision content, improve law enforcement supervision procedures, innovate law enforcement supervision methods, Strengthen law enforcement supervision and guarantee, and effectively prevent major legal risks in administration according to law.

When Zhang Jianmin was conducting research in Shenzhen, he put forward three requirements for the next step:

First, we must conscientiously implement the spirit of the national video and telephone conference discussion on the management of e-cigarette enterprises, thoroughly implement the legal and standardized governance requirements of the e-cigarette industry, continuously consolidate and deepen the results of e-cigarette supervision, and strive to promote the smooth and healthy operation of the e-cigarette industry.

Second, we must fully implement the purpose of national legislation, adhere to market orientation, strengthen service guarantees, continuously improve systems and mechanisms, continue to optimize supervision and service methods, severely crack down on all types of illegal activities involving e-cigarettes, and create a good environment for the stable and healthy operation of the e-cigarette industry.

Third, we must further improve institutional settings, strengthen team building, improve work levels, and effectively guide e-cigarette companies to strengthen compliance business concepts, improve management levels, improve product quality, expand the international market, maintain good market order in accordance with the law, and safeguard consumer health and safety.