中华人民共和国烟草专卖法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON TOBACCO MONOPOLY

co products shall be subject to the approval of the department of tobacco monopoly administration under the State Council or the department of tobacco monopoly administration at the provincial level， and the acquisition of a license for the tobacco monopoly whole sale enterprise， and then to the approval and registration by the administrative department for industry and commerce.

　　Article 16 Any enterprise or individual that is to engage in the retail trade of tobacco products shall be subject to the examination and approval of， before the issuance of a license for tobacco monopoly retail trade by， the administrative department for industry and commerce under the people's government at the county level on the commission of the department of tobacco monopoly administration at the next higher level. In areas where departments of tobacco monopoly administration at the county level have been set up， such departments may， after their examination and approval， also issue tobacco monopoly retail licenses.

　　Article 17 The department of tobacco monopoly administration under the State Council shall， together with the pricing authorities under the State Council， select on a grading basis cigarettes of certain brands as indicators. The prices of such indicators shall be set by the pricing authorities under the State Council together with the department of tobacco monopoly administration under the State Council. The prices of non indicator cigarettes， of cigars and cut tobacco shall be fixed by the department of tobacco monopoly administration under the State Council or by the departments of tobacco monopoly administration of the provinces， autonomous regions and municipalities directly under the Central Government， as authorized by the department of tobacco monopoly administration under the State Council， and shall be submitted for the record to the pricing authorities under the State Council or to the pricing authorities under the people's governments of the relevant provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 18 The State shall lay down the tar con

tent grading standards for cigarettes and cigars. The packages of cigarettes and cigars shall indicate the grade of tar content and that smoking is hazardous to your health.

　　Article 19 Advertising for tobacco products shall be banned on broadcasting stations， television stations， or in newspapers or periodicals.

　　Article 20 Applications must be made for the registration of trade marks of cigarettes， cigars and packed cut tobacco， which shall not be manufactured and marketed before the trade mark is registered upon approval.

　　The production and sale of tobacco products with counterfeit trade marks shall be forbidden.

　　Article 21 Trade mark labels for tobacco products must be printed by enterprises designated by the administrative department for industry and commerce at the provincial level. Non-designated enterprises may not print trade mark labels for tobacco products.

　　Article 22 Whoever consigns the transportation of tobacco monopoly commodities to others or undertakes the transportation thereof by himself must hold a transportation permit signed and issued by the department of tobacco monopoly administration or its authorized agency； consignees may not under take the transportation for any consignor who does not hold a transportation permit.

　　Article 23 Whoever sends by post or brings from another place leaf tobacco or tobacco products shall not exceed the quantity limits prescribed by the competent department under the State Council.

　　Article 24 Any individual who enters the territory of China shall not carry tobacco products more than the quantity limits prescribed by the competent department under the State Council.

　　Chapter V Production and Sale of Cigarette Paper， Filter Rod， Cigarette Tow and Cigarette Manufacturing Equipment

　　Article 25 Any enterprise which is to engage in the production of cigarette paper， filter rods， cigarette tow or cigarette manufacturing equipment must apply to the department of tobacco monopoly administration under the State Council for approval and obtain a license for the tobacco monopoly production enterprise.

　　As used in this Law， the term “cigarette manufacturing equipment” means a complete set of equipment for cigarette manufacturing.

　　Article 26 Any enterprise engaged in the production of cigarette paper， filter rods， cigarette tow or cigarette manufacturing equipment shall organize production in accordance with the plans assigned by the department of tobacco monopoly administration under the State Council and the order contracts concluded with the enterprises producing tobacco products.

　　Article 27 Any enterprise engaged in the production of cigarette paper， filter rods， cigarette tow or cigarette manufacturing equipment may sell its products only to tobacco companies or enterprises producing tobacco products with the license for tobacco monopoly production enterprises.

　　Chapter VI Import and Export Trade and Foreign Economic and Technological Co-operation

　　Article 28 The department of tobacco monopoly administration under the State Council shall， in accordance with the relevant regulations of the State Council， exercise control over tobacco industry's import and export trade and its foreign economic and technological cooperation.

　　Article 29 Any enterprise engaged in the import and export of tobacco monopoly commodities， the consignment for sale of foreign tobacco products or the purchase and sale of duty free foreign tobacco products within a customs surveillance zone shall be subject to the approval of the department of tobacco monopoly administration under the State Council or the department of tobacco monopoly administration at the provincial level and must obtain a special license for the tobacco monopoly operation enterprise.

　　Any enterprise with a special license for the tobacco monopoly operation enterprise must， in accordance with th

ere levant regulations of the department of tobacco monopoly administration under the State Council， submit to the department the plans and statements about its purchases， sales and stock.

　　Chapter VII Legal Responsibility

　　Article 30 Whoever， in violation of this Law， purchases leaf tobacco without authorization shall be fined by the department of tobacco monopoly administration， and the leaf tobacco illegally purchased shall be repurchased by the said department at the price set by the State； if the illegal purchase involves large quantities， the leaf tobacco purchased and the illegal income derived therefrom shall be confiscated.

　　Article 31 Whoever transports or consigns to others the transportation of tobacco monopoly commodities without a transportation permit， or in excess of the quantity specified in the transportation permit， shall be fined by the department of tobacco monopoly administration， and the tobacco monopoly commodities thus involved may be purchased by the said department at the price set by the State； if the circumstances are serious， the tobacco monopoly commodities illegally transported and the illegal income derived therefrom shall be confiscated.

　　A consignee who， knowing that the goods to be transported are tobacco monopoly commodities， undertakes the transportation thereof for units or individuals that do not hold transportation permits， shall be confiscated of the illegal income derived therefrom by the department of tobacco monopoly administration， with the concurrent punishment of a fine.

　　Whoever brings from another place leaf tobacco or tobacco products far in excess of the quantity limits prescribed by the State shall be dealt with in accordance with the provisions of the first paragraph of this Article.

　　Article 32 Where an enterprise that does not hold a license for the tobacco monopoly production enterprise produces tobacco products， the department of tobacco monopoly administration shall order it to close down， confiscate the illegal income derived therefrom and concurrently impose a fine.

　　Where an enterprise that does not hold a license for the tobacco monopoly production enterprise produces cigarette paper， filter rods， cigarette tow or cigarette manufacturing equipment， the department of tobacco monopoly administration shall order it to stop the production of the said products， confiscate the illegal income derived therefrom and may concurrently impose a fine.

　　Article 33 Where an enterprise that does not hold a license for the tobacco monopoly wholesale enterprise engages in the wholesale trade of tobacco products， the department of tobacco monopoly administration shall order it to closedown or to stop the wholesale trade of tobacco products， confiscate the illegal income derived therefrom and concurrently impose a fine.

　　Article 34 Where an enterprise that does not hold a special license for the tobacco monopoly operation enterprise engages in the import and export of tobacco monopoly commodities， the consignment for sale of foreign tobacco products， or the purchase and sale of duty-free foreign tobacco products， the department of tobacco monopoly administration shall order it to stop the aforesaid operations， confiscate the illegal income derived therefrom and concurrently impose a fine.

　　Article 35 Where an enterprise or individual that does not hold a tobacco monopoly retail license engages in the retail sale of tobacco products， the administrative department for industry and commerce shall order it or him/her to stop retail business， confiscate the illegal income derived therefrom and concurrently impose a fine.

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