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China's State Tobacco Monopoly Administration and Ministry of Finance jointly issue rules on managin

Key points: To strengthen the management of confiscated tobacco items, improve tobacco monopoly supervision efficiency, protect the lawful rights and interests of involved parties and disposal-related stakeholders, and prevent losses of state assets, the

To strengthen the management of confiscated tobacco products, improve the effectiveness of tobacco monopoly supervision, protect the legitimate rights and interests of the parties involved, and prevent national property losses, the State Tobacco Monopoly Administration and the Ministry of Finance recently jointly issued the "Management Measures for Confiscated Tobacco Products," which will take effect on December 1, 2023.

The "Management Measures for Confiscated Tobacco Products" consists of nine chapters and thirty-one articles, standardizing the connection with the Ministry of Finance's "Management Measures for Confiscated Property," closely aligning with the actual situation of tobacco monopoly regulatory departments, focusing on solving the disposal difficulties of confiscated tobacco products in grassroots law enforcement, and making comprehensive regulations on the acceptance, custody, disposal, and revenue submission of various confiscated tobacco products. It improves the disposal methods for various confiscated tobacco products, optimizes the disposal process for confiscated tobacco and raw tobacco leaves, clarifies the disposal basis for confiscated tobacco auxiliary materials, tobacco machines, and electronic cigarettes, and strengthens the requirements for standardized management of confiscated tobacco products.

Among them, Chapter Six involves the disposal of electronic cigarettes and other confiscated tobacco products, as follows:

Chapter Six  Disposal of Electronic Cigarettes and Other Confiscated Tobacco Products

Article 16   Tobacco monopoly bureaus at all levels should determine the types and sources of confiscated electronic cigarettes based on authenticity verification, quality inspection, inquiry records, and the national electronic cigarette sales catalog, and dispose of them in accordance with the aforementioned confiscated tobacco management regulations. Confiscated electronic cigarettes identified as genuine and listed in the national electronic cigarette sales catalog should generally be disposed of through sale; other confiscated electronic cigarettes, atomizers, electronic cigarette nicotine products, etc., may be directly destroyed with the approval of the higher-level tobacco monopoly bureau, and written and photographic records should be kept for reference.
Article 17   If confiscated tobacco products fall under the following circumstances, with the approval of the higher-level tobacco monopoly bureau, the relevant tobacco monopoly bureau may directly destroy them and keep written and photographic records for reference:
(1) Illegally produced and sold tea cigarettes, flower cigarettes, mugwort cigarettes, and other similar tobacco products;
(2) Illegally produced and sold oral tobacco, water pipes, snuff, and other tobacco products;
(3) Equipment and materials specifically used for the production of illegal tobacco products or electronic cigarettes, such as tobacco trademarks, rolling paper, and mouthpiece machines;
(4) Fake or inferior tobacco seeds.

Article 18  Tobacco monopoly bureaus at all levels should work with financial departments to study solutions for the disposal of new types of confiscated tobacco products, clarify standardized disposal methods for various confiscated tobacco products, assist judicial authorities, disciplinary inspection and supervision agencies, and other law enforcement agencies in proper disposal, improve law enforcement efficiency, and enhance cross-departmental comprehensive regulatory effectiveness.

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