tobacco-containing vape requires a license
According to the official website of the State Tobacco Monopoly Bureau, the Office of the Tobacco Monopoly Bureau responded to a netizen's question on the issue of vape production approval on September 16 and stated that for some vapes, the tobacco composition was identified and inspected by the State Tobacco Monopoly Bureau The identification and inspection catalog of cigarettes belongs to tobacco monopoly products. To produce such products, a tobacco monopoly manufacturing enterprise license should be held.
The netizen asked a question on September 16, and received a response from the Office of the State Tobacco Monopoly Bureau on September 20.
Netizens ask: I want to consult the production of vape. Is it subject to approval? Is it within the scope of permitted access in the Negative List of Market Access?
Reply from the Office of the State Tobacco Monopoly Bureau: According to Article 6, paragraph 1, of the "Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China", engaging in the production, wholesale and retail of tobacco monopoly products must be in accordance with the provisions of the "Tobacco Monopoly Law" and these regulations. Apply for a tobacco monopoly license. Some vapes, which have been identified and contain tobacco components, are included in the tobacco identification and inspection catalogue by the State Tobacco Monopoly Administration, and are classified as tobacco monopoly products. Tobacco monopoly manufacturers must be licensed to produce such products.
According to Baidu Encyclopedia, the ingredients of tobacco include: tar, smoke, and nicotine.
Tobacco Monopoly Production Enterprise License Related Information: According to Article 12 of the "Tobacco Monopoly Law": To establish a tobacco product manufacturing enterprise, it must be approved by the State Council's tobacco monopoly administrative department, obtain a tobacco monopoly production enterprise license, and go through the industrial and commercial administration Approval and registration; the division, merger, and revocation must be approved by the State Council's tobacco monopoly administrative department, and change and cancellation registration procedures must be completed with the industry and commerce administrative department. Without obtaining a license for a tobacco monopoly production enterprise, the administrative department for industry and commerce shall not approve the registration.
Article 21 of the Implementation Regulations of the Tobacco Monopoly Law (Article 223 of the State Council): To establish a tobacco product manufacturing enterprise, the provincial tobacco monopoly administrative department shall report to the State Council ’s tobacco monopoly administrative department for approval to obtain a tobacco monopoly production enterprise. License, and approved by the administrative department of industry and commerce.
For the vape that everyone understands now, although the IQOS category should be accurately called a new tobacco product, domestic users generally consider it to be the vape category, and the vape of the e-liquid steam category is called vape. Some of the vapes mentioned in the reply are currently unclear as to whether they specifically refer to e-ligard steam vapes.
However, according to the analysis of the reply, as long as it contains tobacco components, the tobacco monopoly products included in the national tobacco monopoly inspection catalog are classified as tobacco monopoly products. To produce such products, a tobacco monopoly manufacturing enterprise license should be held.
At present, many domestic vape and e-liquid products are marked with nicotine content, so it is not clear whether the above products include such vape.
However, a report from Caixin.com, a domestic financial media, on September 27 found that there were some connections.
On September 27, Caixin.com reported that the Tobacco Monopoly Bureau has started to implement license management for vape and e-liquid manufacturing enterprises, and it is estimated that 30 production certificate licenses will be issued. Five of them have obtained licenses, but at present No manufacturers disclosed.
That night, the vape industry committee of the China Electronic Chamber of Commerce issued a statement saying that at present the industry committee has not received any notification from the relevant state departments on the above situation. However, the statement did not deny license-related matters, but only said that "not received yet."