vape hit by Tobacco Monopoly Bureau
Recently, the Tobacco Monopoly Bureau has cracked down on vape more and more severely. According to reports, some local Tobacco Monopoly Bureaus have given verbal notices and warnings to convenience stores around the campus and asked to remove the vape, otherwise they will be administered Penalties, and even cancellation of tobacco monopoly qualifications, shopkeepers are therefore faced with a "two-choice one" choice.
According to Shiyan Radio and Television Station in Hubei, on November 4, the market inspector of the Tobacco Monopoly Bureau of Shiyan City gave an oral notice to vendors selling vape, telling them that vape was "not allowed to sell." In addition to vape, there are other cigarettes in the store.
In the above TV news, an inspector appeared in the photo and stated that if the operator continues to sell vape, the bureau will suspend the business of "illegal" business for three months and rectify it. If it refuses to correct it, it will cancel its administrative punishment. Tobacco Monopoly Qualifications.
On November 14, the staff of Shiyan Tobacco Monopoly Bureau said that vape has not yet been included in the ranks of tobacco monopoly products and cannot be sold to minors, but it can still be operated. Regarding the practice of forcing stores to take down vape, he said that there may be different levels of law enforcement grasp in each locality, the understanding of law enforcement officers 'previous policies, or other departments' requirements for them. However, the staff of the Hubei Tobacco Monopoly Bureau said that they did not understand the above situation and "we are now promoting according to the requirements of the notice".
On November 1, the State Tobacco Monopoly Administration and the State Administration of Market Supervision and Administration issued the "Notice on Further Protecting Minors from Vape" (hereinafter referred to as the "Notice"), using vape as cigarettes, etc. Supplement of traditional tobacco.
The "Announcement" is the provision for the protection of minors and the sale of vape since the above two departments issued the "Notice on Prohibiting the Sale of vape to Minors" on August 28, 2018. In accordance with the relevant requirements of the Law of the People's Republic of China on the Protection of Minors, this Notice has restricted the publicity, promotion and sale of vape on the Internet in order to further strengthen the protection of the physical and mental health of minors.
According to the Xinhua News Agency, the person in charge of the Monopoly Supervision and Administration Department of the State Tobacco Monopoly Administration introduced that after the "Announcement" was issued, it cooperated with relevant law enforcement agencies to clean up and rectify the surroundings of primary and secondary schools, severely investigated and sold physical stores to sell vape to minors the behavior of.
Industry insiders said that severe restrictions on offline vape sales are not alone, and similar situations have occurred across the country, such as Guangdong, Guangxi, Fujian, and Hainan vape channels have been disrupted, Chengdu, Chongqing, Guiyang and other places Some retail stores are required to ban vape products.
"In some vape retail outlets in Chengdu, staff of the local Tobacco Monopoly Bureau will also warn them to ban sales. If shop assistants do not cooperate, they may even reduce the quota of traditional cigarettes or threaten to cancel tobacco monopoly licenses." He Said that such cases also exist in stores in Weifang, Wuxi, Nanchang and other places.
"We have been notified that tobacco companies are not allowed to sell vape." A clerk from a chain supermarket in Nanchang told the China Business Daily that shops with a tobacco monopoly license would not allow vape to be sold.
A staff member of a 7-11 convenience store in Nanjing also revealed that recently received a notice that the vape in the store can no longer be sold, "all returned", a tobacco monopoly retail license, and other cigarettes can be sold normally, " 7-11 shops in Nanjing are not available for sale. "
A supermarket owner in Shanghai told reporters that he had specifically asked the staff of the Tobacco Monopoly Bureau that offline supermarkets could still operate vapes.
Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, said that the intimidation of the store and the compulsory vape ban were unfounded. The current "Tobacco Monopoly Law" did not define vape, and Correspondingly, administrative organs should exercise their functions and powers in accordance with the law and should not unduly interfere with commercial activities.
Zhang Dong, a senior partner of Beijing Dacheng Law Firm, analyzed the reporter. The "Notice" did not mention the prohibition of offline stores from selling vape to adults. In the case of Shiyan, there were no administrative penalties based on the “Notice” only when the store had no other illegal or illegal sales activities. Secondly, according to the relevant laws and regulations on tobacco monopoly, none of them involves the administrative authority's right to impose administrative penalties on the sale of vape with a monopoly retail license.
According to Caixin.com, the State Tobacco Monopoly Administration has held a meeting to require physical stores around the campus to remove vape-related products, but it does not involve physical stores around the campus, and must not force the physical stores to remove vape or To punish. In addition, regulatory notices must not be made to cigarette retailers or vape bricks-and-mortar in written documents of "Notices" and "Notices."
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