中华人民共和国烟草专卖法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON T

stry and commerce administration.

　　Article 22 Tobacco products production enterprises must strictly implement the production plans assigned by the State.

　　Article 23 Use of stale leaf tobacco for the production of cigarettes， cigars and cut tobacco is prohibited.

　　Article 24 Cigarettes， cigars and packed cut tobacco should use registered trademarks； applications for the registration of trademarks should proceed with the approval documents for production issued by the department of tobacco monopoly administration under the State Council in accordance with law.

　　Chapter V Sale of Tobacco Products

　　Article 25 Enterprises with acquisition of tobacco monopoly wholesale enterprise licences should engage in tobacco products wholesale business within the business scope and regional boundary prescribed in the licences.

　　Enterprises or individuals with acquisition of tobacco monopoly retail licences should purchase the merchandise at local tobacco monopoly wholesale enterprises and be subject to the supervision and control of the issuing organs of tobacco monopoly licences.

　　Article 26 Any unit or individual selling more than 50 cartons of cigarettes or cigars at a time without a tobacco monopoly wholesale enterprise licence shall be construed as engagement in tobacco products wholesale business without a tobacco monopoly wholesale enterprise licence.

　　Article 27 No unit or individual shall sell illegally produced tobacco products.

　　Article 28 Tobacco monopoly production enterprises and tobacco monopoly wholesale enterprises must not supply tobacco products to any unit or individual without tobacco monopoly retail licences.

　　Article 29 Cigarettes and cigars sold within the territory of China should indicate grades of tar content and “Smoking is hazardous to your health” in the Chinese language on the packs and cartons.

　　Article 30 Whenever necessary， the department of tobacco monopoly administration under the State Council may， in the light of the market supply and demand， assign appropriation tasks for cigarettes and cigars among the provinces， autonom

ous regions and municipalities directly under the Central Government.

　　Article 31 Sale of stale and foul tobacco products is strictly prohibited. Stale and foul tobacco products shall be destroyed under the supervision of the departments of tobacco monopoly administration or the departments of administration concerned.

　　Article 32 Tobacco products with counterfeit trademarks intercepted by departments concerned according to law should be handed over to departments of tobacco monopoly administration for open destruction pursuant to relevant provisions of the State and sale thereof in any form is prohibited.

　　Article 33 Identification， inspection and testing of tobacco products with counterfeit trademarks shall be carried out by the tobacco quality inspection and testing stations designated by the department of product quality supervision and control under the State Council and the departments of product quality supervision and control of the People's Governments of the provinces， autonomous regions and municipalities directly under the Central Government.

　　Chapter VI Transportation of Tobacco Monopoly Products

　　Article 34 Tobacco monopoly product transportation permits shall be issued upon examination and approval by the departments of tobacco monopoly administration above the provincial level or by their authorized agencies. Control measures for tobacco monopoly product transportation permits shall be worked out by the department of tobacco monopoly administration under the State Council.

　　Article 35 Cross-boundary transportation of import tobacco monopoly products， Chinese-made special-purpose tobacco machinery， cigarette tow， filter rods and import cut cigarette paper across the provinces， autonomous regions and municipalities directly under the Central Government should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by the department of tobacco monopoly administration under the State Council or its authorized agencies.

　　Cross-boundary transportation of other Chinese-made tobacco monopoly products other than Chinese-made special-purpose tobacco machinery， cigarette tow， filter rods and import cut cigarette paper across the provinces， autonomous regions and municipalities directly under the Central Government should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by the department of tobacco monopoly administration under the State Council or departments of tobacco monopoly administration at the provincial level.

　　Cross-city， cross-county transportation of tobacco monopoly products within the provinces， autonomous regions and municipalities directly under the Central Government should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by departments of tobacco monopoly administration at the provincial level or their authorized agencies.

　　Transportation of smuggled tobacco monopoly products confiscated according to law should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by the department of tobacco monopoly administration under the State Council.

　　Article 36 Any of the following circumstances shall be transportation of tobacco monopoly products without tobacco monopoly product transportation permits：

　　（1）transportation of tobacco monopoly products exceeding the quantity and range prescribed in the tobacco monopoly product transportation permits；

　　（2）use of expired， altered or duplicated tobacco monopoly product transportation permits；

　　（3）without tobacco monopoly product transportation permits and failure to provide effective certificates of local purchase of tobacco monopoly products； and

　　（4）other acts of shipment of tobacco monopoly products without tobacco monopoly product transportation permits.

　　Article 37 For transfer-customs shipment of tobacco products under customs supervision， formalities for shipment shall be completed in accordance with the provisions of the State relating to transfer-customs shipment.

　　Chapter VII Production and Sale of Cigarette Paper， Filter Rods， Cigarette Tow and Special-purpose Tobacco Machinery

　　Article 38 Tobacco monopoly wholesale enterprises and tobacco products production enterprises can purchase cigarette paper， filter rods， cigarette tow and special-purpose tobacco machinery only from enterprises with acquisition of tobacco monopoly production enterprise licences and special tobacco monopoly operating enterprise licences.

　　Production enterprises of cigarette paper， filter rods， cigarette tow and special-purpose tobacco machinery must not sell their products to units or individuals without tobacco monopoly production enterprise licences.

　　Article 39 Purchase， sale and transfer of special-purpose tobacco machinery must be subject to the approval of the department of tobacco monopoly administration under the State Council.

　　Catalog of the names of special-purpose tobacco machinery shall be prescribed by the department of tobacco monopoly administration under the State Council.

　　Article 40 No unit or individual shall sell illegally produced Special purpose tobacco machinery， cigarette paper， filter rods and cigarette tow.

　　Phased-out， condemned and illegally assembled special-purpose tobacco machinery， broken and substandard cigarette paper， filter rods and cigarette tow as well as their bits and pieces shall be handled under the supervision of local departments of tobacco monopoly administration and must not be sold in any form.

　　Chapter VIII Import-export Trade and Foreign Economic and Technological Cooperation

　　Article 41 For the establishment of a tobacco monopoly production enterprise with investment from foreign businesses， recording of the project pursuant to relevant provisions of the State can only be approved upon examination and consent of the department of tobacco monopoly administration under the State Council.

　　Article 42 Operations of import tobacco monopoly products can only be undertaken by enterprises with acquisition of special tobacco monopoly operating enterprise licenses. Their plans of import tobacco monopoly products should be submitted to the department of tobacco monopoly administration under the State Council for examination and approval.

　　Article 43 Duty-free import tobacco products should be stored in customs-designated bonded warehouses， and joint control by the local departments of tobacco monopoly administration designated by the department of tobacco monopoly administration under the State Council and the customs shall be stepped up. The customs shall verify and write off the quantity of duty-free import foreign tobacco products in batches against the duty-free import plans approved by the department of tobacco monopoly administration under the State Council.

　　Article 44 Duty-free cigarettes and cigars marketed in customs supervision zones are only for retail and special labels should be printed on the packs and cartons as prescribed by the department of tobacco monopoly administration under the State Council.

　　Article 45 “Exclusively for export” in the Chinese language should be marked on packs and cartons of cigarettes and cigars exclusively for export.

　　Chapter IX Supervision and Inspection

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