Strengthen the supervision of e-cigarettes in accordance with the law and guide enterprises to operate legally

E-cigarette industry governance is entering the track of rule of law and standardization

Recently, Zhang Jianmin, Secretary of the Party Group and Director of the State Tobacco Monopoly Administration, was investigating the legalization and standardization of the e-cigarette industry in Shenzhen. Tobacco supervision, actively guide the legal operation of e-cigarette enterprises, focus on regulating the order of the e-cigarette market, and promote the governance of Shenzhen's e-cigarette industry to fully enter the track of legalization and standardization.

It is understood that since the release of the "Decision of the State Council on Amending the Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China" (hereinafter referred to as the "Decision of the State Council") in November 2021, the State Tobacco Monopoly Administration has effectively realized the e-cigarette market from lack of supervision to legal compliance. Governance, a fundamental change from chaos to order, from barbaric growth to strict management.

Farewell to barbaric growth

"In the past, the supervision of e-cigarettes in my country was almost blank. E-cigarettes were neither medicines, medical devices, nor officially classified as tobacco. However, with the introduction of relevant regulations on e-cigarettes in my country, it indicates that the e-cigarette industry may be in the future. Completely bid farewell to the situation of 'barbaric growth'." Liu Wei, a lawyer from Beijing Yongwen Law Firm, told the "Rule of Law Daily" reporter.

Liu Wei further said that in November 2021, Article 65 of the State Council's "Decision" stipulates that new tobacco products such as electronic cigarettes shall be implemented in accordance with the relevant provisions of cigarettes in this Regulation. This means that e-cigarettes are officially included in the supervision of the tobacco system.

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 Electronic Cigarettes to Minors" on August 28, 2018, in order to strengthen social protection of the physical and mental health of minors. Protection, requiring various market entities not to sell e-cigarettes to minors.

On April 8, 2022, the State Administration for Market Regulation approved the mandatory national standard for "E-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)" includes electronic cigarettes in the scope of smoking control.

It can be seen from this that in terms of the state's regulatory status of the e-cigarette (excluding heated tobacco products) industry, Liu Wei believes that, first, e-cigarettes are currently implemented in accordance with the relevant regulations on cigarettes and have been included in the supervision of the tobacco system; from 2022, The state has formulated national mandatory standards for e-cigarettes; secondly, in the field of circulation, the state has promulgated regulations prohibiting market players from selling e-cigarettes to minors and prohibiting the sale of e-cigarettes through the Internet, and stipulated the qualifications for producing and selling 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, maintain 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 announced the The "Regulations on the Administrative Punishment Procedures for Tobacco Monopoly" (hereinafter referred to as the "Regulations"), which have been implemented since July 20, 2023, are applicable to the implementation of administrative penalties by tobacco monopoly bureaus at all levels. The "Regulations on Administrative Punishment Procedures for Tobacco Monopoly" promulgated on January 21, 2010 shall be abolished at the same time.

Recently, at a teleconference on the implementation of the "Regulations on Administrative Punishment Procedures for Tobacco Monopoly", Han Zhanwu, member of the party 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, it is an effective implementation and supplement to the "Law of the People's Republic of China on Administrative Punishment" in the field of tobacco monopoly administrative law enforcement. It is more standardized and clear in style, more scientific and complete in content, and has a strong guiding nature Operability.

It is worth noting that the major amendments to the Regulations specifically emphasize the improvement of regulations on the enforcement of administrative penalties and law enforcement supervision. Clarify the procedures for delaying 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 cases that meet the filing standards not being filed in a timely manner. In order to implement the latest revision of the "Regulations on the Implementation of the Tobacco Monopoly Law", it is clear that these regulations apply to the implementation of administrative penalties for new types of tobacco violations such as e-cigarettes.

In Liu Wei's view, the practical significance of the revision of the "Regulations" is to strengthen the legality and fairness of the law enforcement procedures, clarify the various links and procedural requirements of the tobacco monopoly administrative punishment procedures, and ensure that law enforcement officers exercise their duties in accordance with the law when performing tasks. Power, which increases the credibility and credibility of law enforcement results. The second is to improve the efficiency of law enforcement and unified standards. It stipulates the time limit, scope of application and review procedures of tobacco monopoly administrative penalties, simplifies law enforcement procedures, improves law enforcement efficiency, and standardizes punishment standards to avoid subjective judgments in the process of law enforcement. and injustice.

Perfect system

Han Zhanwu emphasized in the teleconference that we should improve our position 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 at "improving the quality of law enforcement and improving the 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 effective. The intensity is more warm; further improve the legalization of law enforcement procedures, standardize the operation of administrative power, ensure the exercise of rights of the parties, and improve administrative efficiency; further strengthen the supervision of law enforcement activities, and strictly implement the legal system of administrative law enforcement publicity, law enforcement process records, and major law enforcement decisions Review the "three systems", improve the law enforcement supervision mechanism, standardize the law enforcement supervision content, improve law enforcement supervision procedures, innovate law enforcement supervision methods, strengthen law enforcement supervision guarantees, and effectively prevent major legal risks in law-based administration.

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

First, we must conscientiously implement the spirit of the national e-cigarette enterprise management forum video conference, 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 and improve systems and mechanisms, continue to optimize supervision and service methods, and severely crack down on various violations of laws and regulations related to electronic cigarettes, so as to create a good environment for the smooth and healthy operation of the electronic cigarette industry .

The third is to further improve the institutional setup, strengthen team building, improve work levels, effectively guide e-cigarette companies to strengthen compliance management concepts, improve management levels, improve product quality, expand international markets, maintain good market order in accordance with the law, and safeguard consumer health and safety.