State Tobacco Monopoly Administration and Ministry of Finance Jointly Issue Rules on Managing Confis

Recently, the State Tobacco Monopoly Administration and the Ministry of Finance jointly issued the "Management Measures for Confiscated Tobacco Products," which will take effect on December 1, 2023.

On September 27, the State Tobacco Monopoly Administration's official website released the "Management Measures for Confiscated Tobacco Products." 

To strengthen the management of confiscated tobacco products, improve the regulatory efficiency of tobacco monopolies, protect the legal rights and interests of the parties involved, and prevent losses to state property, the State Tobacco Monopoly Administration and the Ministry of Finance have jointly issued the "Management Measures for Confiscated Tobacco Products," which will take effect on December 1, 2023.

According to the "Tobacco Monopoly Law of the People's Republic of China," the "Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China," and the "Management Measures for Confiscated Property" (Cai Shui [2020] No. 54) and other laws and regulations, the State Tobacco Monopoly Administration and the Ministry of Finance have formulated the "Management Measures for Confiscated Tobacco Products," requiring the tobacco monopoly administrations of provinces, autonomous regions, and municipalities directly under the central government, as well as the tobacco monopoly administrations of Dalian and Shenzhen, the finance bureaus of planned cities, and the finance bureau of the Xinjiang Production and Construction Corps to implement them. 

Chapter Six involves the disposal of e-cigarettes and other confiscated tobacco products, as follows: 

Chapter Six Disposal of E-cigarettes and Other Confiscated Tobacco Products 

Article 16: Tobacco monopoly administrations at all levels should determine the types and sources of confiscated e-cigarettes based on authenticity verification, quality inspection, inquiry records, and the national e-cigarette sales catalog, and dispose of them in accordance with the aforementioned confiscated tobacco management regulations. Confiscated e-cigarettes that are determined to be genuine and listed in the national e-cigarette sales catalog should generally be disposed of by sale; other confiscated e-cigarettes, atomizers, and e-cigarette nicotine products may be directly destroyed with the approval of the higher-level tobacco monopoly administration, 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 administration, the relevant tobacco monopoly administration may directly destroy them and keep written and photographic records for reference: 

(1) Illegally produced and sold tea cigarettes, flower cigarettes, and mugwort cigarettes;  

(2) Illegally produced and sold oral tobacco, water pipes, and snuff tobacco products;  

(3) Tobacco trademarks, packaging paper, and equipment and materials specifically used for the production of illegal tobacco products or new tobacco products such as e-cigarettes;  

(4) Fake or inferior tobacco seeds.

Article 18: Tobacco monopoly administrations at all levels should work with financial departments to study and resolve issues related to the disposal of new types of confiscated tobacco products, clarify the standardized disposal methods for various confiscated tobacco products, and assist judicial organs, disciplinary inspection, and supervision agencies, and other law enforcement agencies in properly disposing of them, improving law enforcement efficiency and enhancing cross-departmental comprehensive regulatory effectiveness.