Jiangxi Province Tobacco Monopoly Regulations

Article 1 In order to strengthen the management of tobacco monopoly, improve the quality of tobacco products, safeguard consumers' rights and interests, and ensure the national and local fiscal revenue, these Regulations are formulated in accordance with the Tobacco Monopoly Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), combined with the actual situation of this province. Article 2 These Regulations shall apply to the production, sale, transportation, import and export of tobacco monopoly products within the administrative area of this province. Third provincial tobacco monopoly administrative departments in charge of tobacco monopoly work in the province. The regional administrative office and the municipal and county (district) tobacco monopoly administrative departments are in charge of tobacco monopoly work within their respective administrative areas, and are under the dual leadership of the superior tobacco monopoly administrative department and the local people's government, with the leadership of the superior tobacco monopoly administrative department as the main one.

Public security, industry and commerce administration, technical supervision, customs, commodity inspection, transportation, railways, civil aviation, postal services and other departments at all levels shall, within the scope of their respective functions and duties, cooperate with the department of tobacco monopoly administration to do a good job in tobacco monopoly management. Article 4 The department of tobacco monopoly administration shall perform the following duties:

(a) to publicize and implement the "People's Republic of China (PRC) Tobacco Monopoly Law" and other relevant laws and regulations, and formulate specific measures for tobacco monopoly management in light of local conditions;

(2) Organizing the implementation of the tobacco monopoly license system, the quasi-transportation license system for tobacco monopoly products and the tobacco purchase license system according to law, and examining, issuing and managing various tobacco monopoly certificates according to the management authority;

(three) to supervise and inspect the implementation of the People's Republic of China (PRC) Tobacco Monopoly Law and other relevant laws and regulations within their respective administrative areas, and investigate and deal with cases in violation of tobacco monopoly laws and regulations according to law;

(four) to undertake other tasks related to tobacco monopoly assigned by the superior tobacco monopoly administrative department and the local people's government. Article 5 People's governments at or above the county level shall strengthen their leadership over tobacco monopoly work and maintain the order of production, sales and transportation of tobacco monopoly products.

The whole society should carry out publicity and education activities on the harm of smoking to health, prohibit smoking in public places where smoking is prohibited according to law, and prohibit primary and secondary school students from smoking. Article 6 Tobacco production enterprises shall strengthen scientific research and technological development of tobacco monopoly products, improve the quality of tobacco products, reduce the production cost of tobacco products and improve the economic benefits of tobacco production enterprises. Article 7 Tobacco companies and tobacco growers must sign tobacco production and purchase contracts according to the tobacco purchase plan and planting plan issued by the state, stipulate the tobacco planting area, and determine the rights and obligations of both parties.

The people's governments of tobacco-producing areas and the departments of tobacco monopoly administration shall strengthen the management of tobacco planting plans and purchasing plans, supervise and inspect the performance of tobacco production and purchasing contracts, implement the national tobacco purchasing plan according to quality and quantity, and promote the rational layout and variety improvement of tobacco-producing areas.

Tobacco companies should provide necessary technical services, support funds and materials for tobacco growers. Article 8 Tobacco growers shall sell tobacco leaves according to tobacco production and purchase and sale contracts.

Tobacco leaves are purchased by local tobacco companies or their entrusted units according to law, and no other unit or individual may purchase them. A tobacco purchasing station (point) must obtain a tobacco purchasing license issued by the provincial tobacco monopoly administrative department.

Tobacco purchasing stations (points) must purchase all the tobacco produced in the planting area agreed in the contract in the specified area according to the standards and prices stipulated by the state, and shall not cut prices or raise prices without authorization.

Tobacco leaves are operated, allocated and managed by local tobacco companies according to law, and no other unit or individual may operate them. Article 9 The department of tobacco monopoly administration in tobacco producing areas shall, jointly with the technical supervision department, set up a tobacco grade quality supervision institution. Tobacco growers who have objections to the tobacco grade determined by the tobacco purchasing station (point) may apply for reconsideration to the tobacco grade quality supervision institution. Article 10 Whoever consigns or transports tobacco monopoly products must hold a transportation permit issued by the provincial or national tobacco monopoly administrative department. If the quantity, variety, transferred-in and transferred-out units and arrival place approved by the transportation certificate are inconsistent with the actual situation, it shall be handled as transportation without a transportation certificate. Eleventh without the approval of the State Department of tobacco monopoly administration, no unit or individual may set up a market for tobacco monopoly products. Illegal establishment shall be banned by the local people's governments at or above the county level. If it is not banned, the administrative responsibility of the relevant leaders of the local government shall be investigated according to law, and the illegal income of the market property managers shall be confiscated by the tobacco administrative department at the next higher level.

The tobacco monopoly market mentioned in the preceding paragraph refers to the trading market or dispensing center characterized by the formation of a distribution center for the wholesale and retail of tobacco products. Article 12 Units and individuals that wholesale or retail tobacco products must apply for tobacco monopoly licenses from local tobacco monopoly administrative departments and business licenses from industrial and commercial administrative departments in accordance with the regulations on the implementation of People's Republic of China (PRC) Tobacco Monopoly Law.

Units and individuals that have obtained tobacco monopoly retail licenses according to law must purchase goods from tobacco monopoly wholesale enterprises designated by the issuing authority, and may not illegally purchase tobacco products and operate in designated locations. Article 13 It is forbidden to sell smuggled tobacco products. Article 14 It is forbidden to produce and sell the following tobacco products:

(a) production without the license of a tobacco monopoly production enterprise; (2) Counterfeiting the registered trademark of others; (3) There is no registered trademark; (4) mildew or deterioration.