Electronic Cigarette Smoking Ban

Since October 1, 2019, the new version of the "Tobacco Control Regulations" has been implemented in Shenzhen, which stipulates that the number of non-smoking places in Shenzhen will be increased from seven categories to nine categories. Among them, the areas within five meters outside the pedestrian entrances and exits of public transportation stations, outdoor platforms of public transportation and waiting lines are included in the "no smoking area", which means buses, long-distance buses, taxis, subways, ships, civilian There will be no smoking on the outdoor platforms and waiting areas of public transport such as aircraft. [26]

In the new version of the "Tobacco Control Regulations", the definition of smoking and tobacco products is clear, that is, "tobacco products refer to products for smoking, sucking, chewing or snuffing, and electronic cigarettes, which are produced in whole or in part from tobacco as raw materials." Electronic cigarettes are also included in the category of smoking. [26]

On August 28, 2018, the State Administration for Market Regulation and the State Tobacco Monopoly Administration issued the "Notice on Prohibiting the Sale of Electronic Cigarettes to Minors" (State Administration for Market Regulation and State Tobacco Monopoly Administration Announcement No. 26 [2018]). Since the release of the "Notice", the awareness of all sectors of society to jointly protect minors from e-cigarettes has generally increased, and the phenomenon of direct promotion and sales of e-cigarettes to minors has improved. But at the same time, it was also found that there are still minors who know, buy and smoke e-cigarettes through the Internet. There are even e-cigarette companies who advertise, promote and sell e-cigarettes through the Internet in order to blindly pursue economic interests, posing a huge threat to the physical and mental health of minors. In order to further protect minors from electronic cigarettes, the relevant matters are hereby announced as follows:

As a supplement to traditional tobacco products such as cigarettes, electronic cigarettes have their own safety and health risks. They are highly arbitrary in terms of raw material selection, additive use, process design, and quality control. Some products have e-liquid leakage and inferior batteries. , Unsafe ingredients added and other quality and safety hazards. According to the relevant provisions of the "Law of the People's Republic of China on the Protection of Minors", in order to strengthen the protection of the physical and mental health of minors, various market players are not allowed to sell electronic cigarettes to minors. Any organization or individual should discourage and stop the sale of electronic cigarettes to minors.

At the same time, in order to further strengthen the protection of the physical and mental health of minors and prevent minors from purchasing and smoking e-cigarettes through the Internet, from the date of this notice, we urge e-cigarette production and sales enterprises or individuals to shut down the e-cigarette Internet in time. Selling websites or clients; urging e-commerce platforms to shut down e-cigarette stores in a timely manner and remove e-cigarette products from shelves in a timely manner; urging e-cigarette production and sales companies or individuals to withdraw e-cigarette advertisements published through the Internet.

Tobacco monopoly administrative departments and market supervision and management departments at all levels should effectively strengthen the publicity, implementation and implementation of this circular to protect minors from e-cigarettes. Tobacco monopoly administrative departments should increase the market supervision of electronic cigarette products, strengthen the monitoring, dissuasion and suppression of the promotion and sale of electronic cigarettes through the Internet, and investigate and punish all kinds of illegal acts found or notify relevant departments according to law. [27]

In March 2021, the Ministry of Industry and Information Technology of the People's Republic of China publicly solicited opinions on the "Decision on Amending the Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China (Draft for Comment)". [28] The Ministry of Industry and Information Technology pointed out that since the “Regulations for the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” (hereinafter referred to as the “Implementation Regulations”) were issued on July 3, 1997, two revisions were made in 2013 and 2016. Quality, safeguarding the legitimate rights and interests of consumers, and ensuring national fiscal revenue have played an important role. In recent years, a series of new situations and new problems have emerged in the market supervision of new tobacco products such as e-cigarettes, and it is necessary to revise and improve the "Implementation Regulations". The content of the revision and the main consideration for this revision of the "Implementation Regulations" will be added to the supplementary provisions as Article 65: "Electronic cigarettes and other new tobacco products shall be implemented with reference to the relevant provisions on cigarettes in these Regulations." The main consideration is that :

(1) Promote the legalization of e-cigarette supervision. In recent years, some new situations and new problems have emerged in the market supervision of new tobacco products such as e-cigarettes, and all aspects of society are very concerned. This revision is mainly to implement the requirements of the Party Central Committee and the State Council on promoting the legalization of electronic cigarette supervision, clarify the legal basis for the supervision of new tobacco products such as electronic cigarettes, and do a good job in compliance with laws and regulations such as the Law of the People's Republic of China on the Protection of Minors. Linkage, and give full play to the important role of the rule of law in consolidating fundamentals, stabilizing expectations, and benefiting the long-term.

(2) Comply with the characteristics of electronic cigarette products and the current common practice of international supervision. In view of the homogeneity of new tobacco products such as electronic cigarettes and traditional cigarettes in terms of core components, product functions, consumption methods, etc., new tobacco products such as electronic cigarettes should be implemented in accordance with the relevant provisions on cigarettes in the "Implementation Regulations". This is also consistent with the way major countries and regions in the world regulate new tobacco products such as e-cigarettes.

(3) Enhance the supervision efficiency of electronic cigarettes. Implementing new tobacco products such as e-cigarettes with reference to the relevant provisions on cigarettes in the "Implementation Regulations" will greatly improve the efficiency of e-cigarette supervision, effectively regulate e-cigarette production and business activities, and solve product quality and safety risks and false advertisements that exist in e-cigarettes. problems, and effectively protect the legitimate rights and interests of consumers. [29]

In November 2021, the State Council issued an announcement deciding to revise the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China", namely adding Article 65 "Electronic cigarettes and other new tobacco products shall be implemented with reference to the relevant provisions of these Regulations on cigarettes". From March 22, when the Ministry of Industry and Information Technology issued a draft for comments, to the State Council’s announcement of revisions, it took 8 months before and after, and electronic cigarettes were finally officially included in the legal supervision of the tobacco system. Chen Chaoying, deputy director of the Shanghai New Tobacco Products Research Institute, told the Global Times reporter that the inclusion of e-cigarettes in policy supervision does not mean that the development of the e-cigarette industry will be restricted, but will make the development of the entire industry more standardized and healthy. The Ministry of Industry and Information Technology also stated on its official website that supervision will effectively regulate the production and operation of electronic cigarettes, solve the problems of product quality and safety risks and false advertisements existing in electronic cigarettes, and effectively protect the legitimate rights and interests of consumers [33] . In December, the State Tobacco Monopoly Administration organized the completion of the National Standard for Electronic Cigarettes (Draft for Comments), solicited public comments, and plans to formally implement it 3-5 months after its release [34] .

In March 2022, the State Tobacco Monopoly Administration publicly solicited opinions on the national standard for "Electronic Cigarettes" (second draft) [36] . On March 11, the State Tobacco Monopoly Administration issued the "Measures for the Administration of Electronic Cigarettes", which will take effect on May 1, 2022. [37]

On April 28, 2022, the Department of Health of the Hong Kong Special Administrative Region Government reminded the public, inbound tourists and the trade that in light of the "Smoking (Public Health) (Amendment) Ordinance 2021 (the "Ordinance") which came into effect on April 30, the Tobacco and Alcohol Control Office of the Department of Health The new legislation will begin to be enforced. The Ordinance prohibits the import, promotion, manufacture, sale or possession for commercial purposes of alternative smoking products. Violators can be fined up to HK$50,000 and imprisoned for 6 months. A spokesman for the Department of Health pointed out that the ban covers e-cigarettes, heated tobacco products, herbal cigarettes and their accessories. Tobacco and alcohol control inspectors will conduct inspections starting from the 30th, and will investigate and take enforcement actions in response to complaints