Two departments: continuously strengthen the supervision of e-cigarette market to prevent the "resurgence" of e-cigarette market chaos

A few days ago, the state tobacco monopoly administration and the State Administration of Market Supervision issued a notice on the special action plan of "protecting minors from tobacco abuse and" guarding their growth ": to comprehensively and strictly supervise the operation of e-cigarettes, all localities should implement the requirements of the Party Central Committee and the State Council on promoting the legalization of e-cigarette supervision, and gradually establish and improve the supervision system of e-cigarettes, We should improve the efficiency of supervision, standardize the production and operation of e-cigarettes, and prevent the "resurgence" of e-cigarette market chaos.

Special action plan of protecting minors from smoke

In order to implement the provisions of the newly revised law of the people's Republic of China on the protection of minors from tobacco abuse, and protect and safeguard the physical health and legitimate rights and interests of minors in accordance with the law, the state tobacco monopoly administration and the State Administration of market supervision and administration decided to jointly carry out the special action of "guarding growth" to protect minors from tobacco abuse.

1、 General requirements

（1） Guiding ideology.

Guided by Xi Jinping's socialist ideology with Chinese characteristics in the new era, we carried out the spirit of the nineteen and nineteen sessions of the second, third, fourth and fifth plenary sessions of China's Communist Party, and adhered to the people centered approach, resolutely implemented the decision-making and legal and legislative requirements of the Party Central Committee and the State Council, increased the investigation and handling of tobacco related illegal acts, and paid more attention to prevention, prevention and control, and comprehensive management. Effectively protect the healthy growth of minors.

（2） Objective of the work.

1. Publicity and education are in place. Strengthen the legal publicity and implementation of tobacco (including e-cigarettes) outlets, and urge the comprehensive setting of warning signs.

2. Prevention and protection in place. Improve the distance standard around primary and secondary schools and kindergartens (hereinafter referred to as around the campus), implement the investigation and registration of tobacco outlets, and speed up the clearance of illegal outlets.

3. Investigation and supervision are in place. We should strictly investigate and deal with illegal acts of selling cigarettes to minors, continuously strengthen network monitoring, and intensify crackdown on illegal acts.

2、 Main tasks

（1） Earnestly implement the requirement that no sales outlets should be set up around the campus.

1. Clearly standardize the distance standard and measurement standard around the campus. Local tobacco monopoly administrative departments should set the distance standard scientifically and reasonably according to the actual situation, not only taking into account the local normal consumption demand, but also protecting minors from the harm of tobacco. The measurement standard should be reasonable and conform to the common people's cognition, and the measurement method should be simple and easy to verify.

2. Clean up the existing cigarette outlets around the campus. Before June 25, 2021, local tobacco monopoly administrative departments should comprehensively investigate the stock retail license holders around the campus, establish working accounts, and regularly report the progress of cleaning up. We should actively persuade the holders around the campus to withdraw; For those who change their address for business, the conditions for handling certificates may be appropriately relaxed in accordance with the law; If the business is operated on the original site, the license shall not be renewed after its expiration. Market supervision departments should strengthen the investigation and punishment of unlicensed business activities, investigate and punish unlicensed business households around the campus according to law, and create a standardized and orderly market environment.

（2） We will strictly investigate and deal with illegal acts of selling cigarettes to minors.

1. Implement the regulations on the setting of warning signs and the verification of identity documents. Local tobacco monopoly administrative departments should speed up the organization to put up warning slogans or special publicity signs prohibiting the sale of cigarettes to minors at prominent positions of tobacco sales outlets. Urge operators to take the initiative to refuse minors to buy cigarettes. For those who are difficult to determine whether they are minors, we should strictly implement the identification document inspection, explore the application of new technical means, and improve the effectiveness of the inspection.

2. Strengthen the daily supervision of tobacco market. Local tobacco monopoly administrative departments should improve the operation mechanism of 12313 tobacco market supervision service hotline, smooth the reporting and complaint channels, and timely respond to the demands of the masses. In order to ensure the effective implementation of the law of the people's Republic of China on the protection of minors, we should comprehensively use the means of "double random, one open" supervision and key supervision to bring the surrounding areas of the campus into the key supervision areas.

3. Investigate and deal with the illegal acts of selling cigarettes to minors according to law. Local tobacco monopoly administrative departments should make overall plans to guide the application of the law of the people's Republic of China on the protection of minors, earnestly standardize the discretionary basis of administrative punishment in their jurisdiction, and strengthen the fixation of evidence. Adhere to the interpretation of the law by case, warning by case, and form a deterrent, guide tobacco outlets to operate in accordance with the law, and educate law enforcement personnel to strictly standardize and civilized law enforcement.

（3） We will continue to strengthen the supervision of the e-cigarette market.

1. Comprehensively and strictly supervise the operation of e-cigarettes. All localities should implement the requirements of the Party Central Committee and the State Council on promoting the legalization of e-cigarette supervision, gradually establish and improve the supervision system of e-cigarette, improve the supervision efficiency, standardize the production and operation activities of e-cigarette, and prevent the "resurgence" of e-cigarette market chaos.

2. Continuously strengthen the control of Internet channels. Implement the notice on banning the sale of e-cigarettes to minors jointly issued by the State Administration of market supervision and the State Tobacco Monopoly Bureau (No. 26, 2018, notice of the State Administration of market supervision and the State Tobacco Monopoly Bureau) According to the spirit of the notice on further protecting minors from e-cigarettes (notice No.1 of the state tobacco monopoly administration and the state market supervision administration in 2019) jointly issued by the state tobacco monopoly administration and the state market supervision and administration, the Internet's behavior of changing its head and face, selling e-cigarettes in disguised form and false and illegal advertisements will be comprehensively cleaned up. Local tobacco monopoly administrative departments should make interviews with e-cigarette enterprises and Internet enterprises, consolidate the main responsibility, and prevent the infringement of e-cigarette on minors in the field of Internet.

3. Guide the legal and standardized operation of e-cigarette stores. Local tobacco monopoly administrative departments should comprehensively investigate e-cigarette sales outlets, register and file. Clean up and rectify illegal sales outlets and automatic sales equipment around the campus, investigate and deal with illegal sales of e-cigarettes to minors according to law, and effectively protect the legitimate rights and interests of minors.

3、 Work arrangement

The special action lasted for three months and was carried out in three stages

1. Publicity and implementation mobilization stage (June 15 to June 25). All localities should formulate work plans, hold mobilization meetings, clarify the key points of supervision, and organize thorough investigation.

2. Centralized renovation stage (June 26 to August 31). All localities should conduct a comprehensive inspection of tobacco outlets, strengthen follow-up supervision, and solve prominent problems in the market.

3. Summarize the promotion stage (September 1 to September 14). We should conscientiously summarize the situation of the special action and explore the establishment and improvement of a long-term mechanism for the protection of minors.

4、 Job requirements

（1） Strengthen organizational leadership. Protecting the physical and mental health of minors is the common responsibility of tobacco monopoly and market supervision departments at all levels. All localities should improve their political positions and strengthen the implementation of the work. The Provincial Tobacco Monopoly and market supervision departments should set up a special joint action team to be responsible for the implementation and promotion of the special action within their jurisdiction to ensure the effectiveness of the special action.

（2） Strengthen comprehensive management. We should actively strive for the support of local governments and promote the government to solve key problems. Strengthen cooperation with education, health and other administrative departments, effectively integrate resources, pool law enforcement efforts, and build a collaborative governance system with government support, Department promotion, school, community and family cooperation.

（3） Do a good job of publicity and guidance. With the help of news media, industry websites and other channels, we should vigorously publicize the significance of protecting the physical and mental health of minors, timely report the results of special actions, increase the exposure of typical cases, and create a good public opinion environment and social atmosphere.

The provincial tobacco monopoly administrative departments shall report the work plan, typical cases and stage progress of the special action to the state tobacco monopoly administration on a regular basis.