Chapter 1 General Rules
Article 1 In order to strengthen the whole-process management of electronic cigarettes and establish and improve the traceability system of electronic cigarette products, according to the “Tobacco Monopoly Law of the People’s Republic of China”, “Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” and “Measures for the Administration of Electronic Cigarettes” (State Tobacco Monopoly Administration Announcement No. 1 of 2022) and other laws, regulations, rules and normative documents, these detailed rules are formulated.
Article 2 These detailed rules apply to the traceability management of electronic cigarette products sold within the territory of the People’s Republic of China.
Article 3 The traceability of electronic cigarette products mentioned in these detailed rules refers to the use of information technology to trace the information of electronic cigarette products, to track and record the responsible subjects of production and operation, and to implement them in the process of production, circulation (including sales, storage, transportation, etc.) and services. Product information traceability management.
Article 4 The administrative department of tobacco monopoly under the State Council shall be responsible for the traceability management of electronic cigarette products nationwide. Local administrative departments of tobacco monopoly at all levels are responsible for the traceability management of electronic cigarette products within their respective administrative areas.
Article 5 The traceability management of electronic cigarette products shall follow the principles of overall planning, standard guidance, compliance with laws and regulations, and safety and reliability, implement the main responsibility of the production and operation of electronic cigarette products, strengthen the supervision of electronic cigarettes, and ensure the health and safety of consumers.
Chapter 2 Traceability Platform
Article 6 The administrative department of tobacco monopoly under the State Council is responsible for formulating the national e-cigarette product traceability system construction plan, organizing the formulation of traceability management systems and technical standards, establishing a national unified e-cigarette product traceability platform (hereinafter referred to as the e-cigarette product traceability platform), and unified traceability identification . Tobacco monopoly administrative departments at or above the prefecture level shall organize e-cigarette production and business entities to use e-cigarette traceability platforms, carry out traceability management of responsible entities and product flow, and ensure the sharing and disclosure of e-cigarette product traceability information.
Article 7 The electronic cigarette traceability platform uses QR code as a means to collect relevant information in the process of production, circulation and service of electronic cigarette products, and supports the traceability and supervision of electronic cigarette products.
Article 8 Electronic cigarette products shall be marked with a QR code on the outer packaging in accordance with the requirements of “one item, one code”. The information content of the QR code shall be uniformly generated by the electronic cigarette traceability platform, and the marked QR code shall conform to the QR code label of electronic cigarette products. management regulations.
Article 9 Electronic cigarette production enterprises (including product production, OEM, brand holding enterprises, etc., the same below) and electronic cigarette wholesale enterprises shall use the electronic cigarette traceability platform to apply for, upload, and inquire about the QR code of electronic cigarette products.
Article 10 After the e-cigarette production enterprise and e-cigarette wholesale enterprise are approved and registered, the e-cigarette traceability platform will generate a platform identity mark within 5 working days and open the platform use authority.
Article 11 Electronic cigarette manufacturers shall apply for the QR code of electronic cigarette products in circulation on the electronic cigarette traceability platform.
Article 12 Where electronic cigarette manufacturing enterprises and electronic cigarette wholesale enterprises are cancelled or the license scope is changed, and when electronic cigarette products are cancelled or information is changed, the electronic cigarette traceability platform shall change the corresponding authority of the platform.
Article 13 Electronic cigarette products that are not marked with a QR code on the outer packaging shall not be marketed for circulation.
Chapter 3 Operation Management
Article 14 Electronic cigarette production enterprises and electronic cigarette wholesale enterprises shall establish and improve supporting systems and necessary facilities for the implementation of traceability management.
Article 15 Electronic cigarette manufacturers apply for electronic cigarette QR codes as needed on the electronic cigarette traceability platform, and should fill in the following information when applying:
(1) product information;
(2) The number of applications;
(3) Transaction contracts with e-cigarette wholesale enterprises, etc.
The electronic cigarette traceability platform performs verification of transaction contracts, etc. After the verification is passed, the information content of the QR code label on the outer packaging of the electronic cigarette product is generated, and distributed to electronic cigarette manufacturers in the form of code packets.
Article 16 Holders of overseas e-cigarette brands can apply for imported e-cigarette QR codes through institutions established in China or entrust e-cigarette wholesale enterprises, and implement the traceability management of e-cigarette products in accordance with the requirements of these detailed rules.
Article 17 Electronic cigarette manufacturers shall mark the electronic cigarette QR code on the outer packaging of electronic cigarette products according to relevant requirements, and the QR code information shall be consistent with the physical information of electronic cigarette products.
Article 18 Electronic cigarette manufacturers shall carry out the association of electronic cigarette QR codes in accordance with unified technical specifications, realize the precise association of QR codes on the outer packaging of electronic cigarette products, and upload relevant information on the electronic cigarette traceability platform.
Article 19 Electronic cigarette manufacturers should scan the code to register and associate transaction information when the products leave the warehouse, and upload relevant information on the electronic cigarette traceability platform.
Article 20 When electronic cigarette products arrive at the designated place of electronic cigarette wholesale enterprises, they shall carry out code scanning registration of electronic cigarette products in the warehouse according to the transaction contracts with electronic cigarette product manufacturers and electronic cigarette brand holders, and trace the electronic cigarette Upload relevant information on the platform.
Article 21 When e-cigarette products are sorted out of the warehouse, they should scan the code for registration, establish the relationship between the QR code of e-cigarette products and e-cigarette retail orders, and upload relevant information on the e-cigarette traceability platform.
Article 22 In the event of the loss or theft of the electronic cigarette QR code package, it shall be reported to the electronic cigarette traceability platform in time, and the administrative department of tobacco monopoly at or above the prefecture level shall handle it according to relevant procedures.
Article 23 Electronic cigarette production enterprises and electronic cigarette wholesale enterprises shall establish a sound electronic cigarette product traceability information security management system, strengthen data security protection in the traceability process, and prevent information leakage, damage, and loss.
Chapter IV Supervision and Inspection
Article 24 The administrative department of tobacco monopoly under the State Council and the administrative department of tobacco monopoly at the provincial level shall manage the retrospective implementation by means of online monitoring, regular inspection and random inspection.
Article 25 If an electronic cigarette production enterprise or electronic cigarette wholesale enterprise has the following circumstances, the tobacco monopoly administrative department shall order it to make corrections within a time limit, and if the circumstances are serious, it shall bear corresponding responsibilities according to law:
(1) Failing to collect traceability information in accordance with these detailed rules, and intentionally or maliciously entering false traceability information;
(2) Failure to transmit traceability information in accordance with these detailed rules, resulting in the inability of traceability information and traceability chain to be transmitted downwards;
(3) Misappropriation, fraudulent use, forgery, resale, gifting, disclosure of electronic identity marks, traceability certificates and product traceability marks;
(4) Intentionally or maliciously causing mixed batches of products, causing the online information to be inconsistent with the offline physical objects, and deceiving consumers;
(5) Other circumstances stipulated by laws and regulations that should be punished for refusing to perform retrospective requirements.
Article 26 Encourage units or individuals to use the electronic cigarette traceability platform to inquire about traceability information, conduct social supervision on the traceability of electronic cigarette products, and make complaints and reports through the 12313 tobacco market supervision service hotline. Tobacco monopoly administrative departments shall verify and handle them in accordance with their duties and relevant procedures, and inform the complainant of the results.
Article 27 Anyone who violates these rules shall be punished by the administrative department of tobacco monopoly and other departments according to the division of responsibilities in accordance with the relevant legal responsibilities in the “Tobacco Monopoly Law of the People’s Republic of China”, “Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” and other laws and regulations .
Chapter 5 Supplementary Provisions
Article 28 The detailed rules shall be interpreted by the tobacco monopoly administrative department of the State Council.
Article 29 These Rules shall come into force on the date of promulgation.
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