Measures of Zibo Municipality on the Administration of Tobacco Monopoly

Article 1 In order to strengthen tobacco monopoly management, standardize the production and operation of tobacco monopoly products, and safeguard the legitimate rights and interests of consumers, these Measures are formulated in accordance with the Tobacco Monopoly Law of People's Republic of China (PRC) and its implementing regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the production, operation, storage, transportation and management of tobacco monopoly products within the administrative area of this Municipality. Article 3 The term "tobacco monopoly products" as mentioned in these Measures refers to cigarettes, cigars, cut tobacco, redried tobacco leaves, tobacco leaves, cigarette paper, filter rods, cigarette tow and special machinery for tobacco. Cigars, cigars, cut tobacco and redried tobacco leaves are collectively referred to as tobacco products. Article 4 The municipal, district and county tobacco monopoly administrative departments shall be responsible for the tobacco monopoly administration within their respective administrative areas.

Public security, customs, industry and commerce, quality and technical supervision, transportation and other departments shall, in accordance with their respective responsibilities, do a good job in tobacco monopoly management. Article 5 It is forbidden to sell tobacco products to minors. Article 6 Anyone who produces tobacco monopoly products shall apply for the license of tobacco monopoly production enterprise according to law. Without approval, no unit or individual may produce tobacco monopoly products. Article 7 Whoever wholesales tobacco products shall apply for the license of tobacco monopoly wholesale enterprise according to law. Without approval, no unit or individual may engage in the wholesale business of tobacco products.

Cigarettes and cigars wholesaled by tobacco monopoly wholesale enterprises shall be marked with the monopoly marks prescribed by the tobacco monopoly administrative department. Article 8 Retail tobacco products shall obtain a tobacco monopoly retail license according to law. Those who have not obtained the tobacco monopoly retail license shall not engage in the retail business of tobacco products.

An application for a tobacco monopoly retail license shall be submitted to the local district or county tobacco monopoly administrative department. If the application materials are complete and conform to the statutory form, the department of tobacco monopoly administration shall accept it within 15 days from the date of accepting the application. If it is necessary to extend the time limit by making a written approval or disapproval decision, it may be extended for 7 days with the approval of the person in charge of the tobacco monopoly administration department, and the applicant shall be informed in writing of the reasons for the extension. Article 9 To obtain a tobacco monopoly retail license, the following conditions shall be met:

(1) Having funds suitable for the retail business of tobacco products;

(2) Having a fixed business place;

(3) Conforming to the requirements for the rational distribution of retail outlets of tobacco products;

(four) other conditions stipulated by the administrative department of tobacco monopoly in the State Council. Article 10 The tobacco monopoly administrative department at the county level shall rationally arrange the retail outlets of tobacco products according to the actual conditions such as population and transportation. Eleventh units and individuals that have obtained the tobacco monopoly retail license shall engage in the retail business of tobacco products in accordance with the prescribed business scope and place; It shall purchase goods from local tobacco monopoly wholesale enterprises and accept the supervision and inspection of the tobacco monopoly administrative department, and the tobacco monopoly retail license shall specify. Twelfth units and individuals that have obtained the tobacco monopoly retail license shall go through the suspension formalities at the issuing authority and return the tobacco monopoly retail license. If the company has stopped business for more than 6 months without justifiable reasons or fails to wholesale tobacco products to tobacco monopoly wholesale enterprises for 6 months, the tobacco monopoly administrative department shall revoke its tobacco monopoly retail license. Thirteenth prohibit the following acts:

(1) Forging, altering, reselling, leasing, lending or transferring the tobacco monopoly license in other forms;

(2) Handling, storing and transporting cigarettes and cigars without monopoly marks (except those with legal certificates) or counterfeiting monopoly marks;

(3) illegally purchasing and selling cut tobacco, tobacco leaves and redried tobacco leaves;

(4) Loading, unloading, storing and transporting smuggled cigarettes, cigars or fake and inferior tobacco products;

(five) to provide convenient conditions such as storage and transportation for illegal tobacco products;

(six) other acts in violation of laws and regulations. Article 14 The department of tobacco monopoly administration may, when investigating cases of tobacco violations, conduct tobacco monopoly inspection on the production, operation, storage places and means of transport of tobacco monopoly products, or conduct tobacco monopoly inspection at stations, pontoons, toll stations and freight stations. Article 15 When conducting tobacco monopoly inspection, the monopoly inspectors of the department of tobacco monopoly administration shall not be less than two, and shall produce inspection certificates. If they do not produce it, the parties concerned have the right to refuse to inspect Article 16 The department of tobacco monopoly administration may consult and copy the relevant contracts, documents and other materials when investigating and handling cases of tobacco violations; Evidence that may be lost or difficult to obtain in the future may be registered and preserved in advance according to law, and a decision on handling it shall be made within 7 days; If there is evidence to prove that there are illegal acts, the tobacco monopoly products involved may be sealed up and detained according to law.

When sealing up or detaining, the parties concerned shall be informed in writing of the facts, reasons, basis and time limit of sealing up or detaining, and a list of sealed up or detained articles shall be issued. The time limit for sealing up or detaining shall not exceed 30 days. If the case is complicated, it may be extended by 15 days with the approval of the person in charge of the tobacco monopoly administration department, and the parties concerned shall be informed in writing of the reasons for extending the time limit.

The department of tobacco monopoly administration shall properly keep the evidence registered and preserved according to law or the tobacco monopoly products sealed up or detained, and shall not use, privately divide, sell or damage them.