Chapter 3 Management of Tobacco Products
Article 7
Before manufacturing or importing designated tobacco products announced by the central competent authority, manufacturers and importers shall apply to the central competent authority for the health risk assessment review, and only those that pass the review may be manufactured or imported.
If tobacco products legally declared to the central competent authority are discovered to pose new health risks, the central competent authority may, by announcement, designate the tobacco products to undergo the health risk assessment review within a specified period of time, which shall be accompanied by the recall and ban on manufacturing or importing within a specified period of time. If the tobacco products are unable to pass the health risk assessment review, the central competent authority shall order the recall or destruction within a specified period of time, and issue the ban on manufacturing and importing of that tobacco products.
For the tobacco products designated as requiring the health risk assessment review (hereinafter referred to as the designated tobacco products) according to the preceding two paragraphs, matters regarding the health risk assessment review, including the application procedures, the required documents, materials and the essential components, and the scope and procedure of the health risk assessment review, the post-market monitoring and control mechanisms, the repeal of authorization , and other related matters, shall be stipulated by the central competent authority.
For the designated tobacco products that are seized or detained at the customs, if the products are not applied for the health risk assessment review within three months of the designation announcement by the central competent authority, or the products are unable to pass the health risk assessment review, the seizing or detaining customs may destruct the products without further notification.
For the designated tobacco products seized or detained by the customs under the preceding paragraph, their owners or importers may claim the products within three months after the products pass the health risk assessment review. If the products are not claimed within that time, the seizing or detaining customs may destruct the products without further notification.
Article 8
Tobacco products and/or the essential components of the designated tobacco products shall not be sold in any of the following ways:
(1) Vending machines, mail orders, online shopping, or other methods through which the age of the consumers cannot be verified by the vendors;
(2) Open shelves or other methods where the products are directly accessible to the consumers;
(3) With the exception of cigars and the essential components of the designated tobacco products, packaging less than 20 cigarettes per vending unit and the net weight of the content of a unit less than 15 grams.
Article 9
The tobacco products, their brand names and containers shall not use or be labeled with expressions such as light, low tar, or any other misleading words and marks implicating that smoking has no harmful effects, or only has minor harmful effects on health, except for the brand names used before the implementation of the amendment of January 11, 2009.
The tobacco products containers shall, at a conspicuous place on the largest front and back outside surfaces, be labeled with, in Chinese, health warning texts and images describing the harmful effects of tobacco use, as well as relevant information on quitting smoking. The area occupied by such texts and images shall not be less than 50% of each labeling surface.
The regulations governing the methods, contents, places of labeling, and other requirements related to the warning texts and images and information on quitting smoking prescribed in the preceding paragraph shall be stipulated by the central competent authority.
Article 10
The prohibited additives announced by the central competent authority shall not be used in tobacco products.
The level of nicotine and tar contained in the tobacco products shall not exceed the maximum amounts and shall be indicated, in Chinese, on the tobacco product containers, except for the tobacco products manufactured exclusively for exports.
The regulations governing the maximum amounts of nicotine and tar, the testing methods, the amount labeling methods, and other requirements, shall be stipulated by the central competent authority.
Article 11
Manufacturers and importers of tobacco products shall declare the following information related to the tobacco products to the central competent authority:
(1) Content and additives of the tobacco products as well as their relevant toxicity information; and
(2) Emissions produced by the tobacco products and their relevant toxicity information.
The central competent authority shall periodically disclose to the public the information received in pursuant to the preceding paragraph, and may send personnel to acquire samples for inspections (tests) purposes, or require the original inspection records or other relevant materials; manufacturers and importers shall not evade, obstruct, or refuse the requirements.
The regulations concerning the contents, schedules, procedures, inspections (testing) of the information required to be declared and other relevant matters pursuant to the preceding two paragraphs shall be stipulated by the central competent authority.
Article 12
The promotion or advertising of tobacco products and/or the essential components of the designated tobacco products shall not employ the following methods:
(1) Advertising through radio, television, films, videos, electronic signals, the internet, newspaper, magazines, billboards, posters, leaflets, notifications, announcements, reference manuals, samples, posting, display, or any other written or illustrated forms, items, or digital recording devices.
(2) Using journalist interviews or stories to introduce tobacco products, or using other people’s identities without proper authorization to conduct promotion.
(3) Using discounts or giving gifts or prizes to sell tobacco products.
(4) Using tobacco products as gifts or prizes for the sale of other products or for the promotional events.
(5) Packaging tobacco products together with other products for sale as a bundle.
(6) Distributing or selling tobacco products in forms of individual sticks, loose packs, or sub-packages.
(7) Using merchandises with the name or forms identical or similar to brand names or trademarks of tobacco products in conducting promoting, advertising, or sponsoring any event.
(8) Using tea parties, dining parties, orientation conferences, tasting events, concerts, lectures, sport events, charity events, claiming that the products have passed the health risk assessment review, or other similar methods to conduct promotion or advertising.
(9) Direct or indirect donation to any event and activity, or natural person, legal person, group, institution, or school for the purpose of promoting the use of tobacco products.
(10) Promotion of tobacco products by multi-level marketing.
(11) Any other methods prohibited via announcement by the central competent authority.
Article 13
The places for selling tobacco products shall, at conspicuous locations, post the warning images and texts required by the front section of Paragraph 2 of Article 9, Paragraph 1 of Article 16, and Article 17.
The display of tobacco products or tobacco product containers shall be limited to the extent necessary for consumers to acquire the brand names and prices of the products.
The scope, content, and methods of the posting and displaying required by the preceding two paragraphs, and other requirements, shall be stipulated by the central competent authority.
Article 14
No business premise shall provide consumers with free tobacco products and/or the essential components of the designated tobacco products for the purpose of promotion or profit-making.
Article 15
No person shall manufacture, import, sell, supply, display, or advertise the following items:
(1) Candy, snacks, toys, or other items of a shape similar to tobacco products or tobacco product containers.
(2) Imitation tobacco products or their components.
(3) Designated tobacco products or their essential components that have not passed the health risk assessment review required by Paragraphs 1 or 2 of Article 7.
No person shall use the imitation tobacco products and designated tobacco products specified in Sub-paragraph 3 of the preceding paragraph.
The competent authority may require relevant authorities, institutions, organizations, legal persons, or individuals to provide documents and materials on the manufacture, import, sale, supply, display, advertising, and other matters related to the products when conducting the investigation of all information received pursuant to the preceding two paragraphs. The requested party shall not evade, hinder, or refuse such requirement.
The competent authority may refer to the preceding paragraph when conducting the investigation of the matters prescribed in Article 8 or Article 12.