China

COMMENTS: The State Council Regulations on Public Places Sanitation Administration list several public places covered by the MOH's Implementation Rules on Regulations on Public Places that prohibit smoking in public places.

COMMENTS: The Tobacco Monopoly Law was enacted by the Standing Committee of the National People’s Congress in 1991 for the purposes of managing the manufacture and business of tobacco products, increasing the quality of tobacco products, protecting consumers’ interests, and ensuring state revenue. The law permits the state to exercise monopoly control over the production, sale, import, and export of tobacco commodities, and to operate a monopoly license system. The law contains a few provisions generally requiring the prohibition or restriction of smoking in public traffic vehicles and in public places. It also requires the display of tar yields and a warning that “Smoking is Harmful to Your Health” on the packages of cigarettes and cigars. In addition, the law bans tobacco advertising on television and other broadcast media, and in newspapers and periodicals. The law has been amended several times, most recently on April 24, 2015.

COMMENTS: The Advertising Law was originally enacted by the Standing Committee of the National People’s Congress in 1994, and was amended on April 24, 2015. The amended law took effect on September 1, 2015. Under the amended law, tobacco advertising is prohibited in mass media, public places, means of public transport, and outdoors. In addition, all tobacco advertising to minors is prohibited.

COMMENTS: The Rules on the Prohibition of Smoking in Public Transportation and Waiting Rooms (jointly issued by National Patriotic Health Campaign Committee, Ministry of Health, Ministry of Railway, Ministry of Transport, Ministry of Development, and Civil Aviation Administration) were made in 1997. The rules prohibit smoking in various modes of public transportation, including train, bus, taxi, light rail, aircraft, and watercraft. In addition, the rules prohibit smoking in ticket halls and waiting rooms. However, the rules permit smoking in specially designated areas. The rules also provide penalties for violations.

COMMENTS: The Regulations on the Implementation of the Tobacco Monopoly Law were promulgated by Decree No. 223 of the State Council in July of 1997. The regulations elaborate upon a range of provisions in the Tobacco Monopoly Law, which was enacted in 1991. The regulations address topics such as applications for retail licenses, packaging requirements, and the transportation of tobacco products. Revised regulations were issued on February 6, 2016.

COMMENTS: The Civil Aviation Administration Rules on the Prohibition of Smoking in Civil Airports and Civil Aircraft were made in 1997 by the Civil Aviation Administration. The rules require that smoking areas be designated in civil airports and on international flights. The rules further establish that domestic flights are smoke free. In addition, the rules set forth penalties for violations.

COMMENTS: The Regulations on the Administration of Business Premises for Internet Access Services were promulgated by Decree No. 363 of the State Council on September 29, 2002, taking effect on November 15, 2002. The regulations govern businesses such as “Internet bars or computer lounges where Internet access services are provided to the general public . . . .” Related to tobacco control, the regulations prohibit smoking in these businesses and require no-smoking signs to be posted. The regulations also set forth the penalties for those business establishments in violation of these regulations.

COMMENTS: In August of 2005, the Standing Committee of the National People's Congress announced its decision to ratify the FCTC. Also in this announcement, the Congress prohibited automatic cigarette vending machines throughout the territory of the People’s Republic of China.

COMMENTS: The Law on the Protection of Minors was enacted by the Standing Committee of the National People’s Congress in 1991, and amended in 2006. The law prohibits the sale of tobacco products to minors, sales in schools, and smoking in schools.

The uploaded files contain amendments through October 17, 2020. The English translation contains relevant excerpts only.

COMMENTS: The Rules on Cigarette Package Labeling in the Territories of the People’s Republic of China were jointly issued by the State Tobacco Monopoly Administration and the General Administration of Quality Supervision, Inspection and Quarantine in 2007. These rules were repealed in 2016 and replaced by newer text and specifications.

COMMENTS: MOH Implementation Rules on the Regulations on Public Places Sanitation (MOH Order No. 80) prohibit smoking in the 28 indoor public places listed in the State Council Regulations on Public Places Sanitation Administration (1987).

COMMENTS: The Ministry of Industry and Information Technology's Tobacco Monopoly Licensing Management Regulations include a ban on the sale of tobacco products by vending machine and restrict the sale of tobacco products via the internet. The English Translation contains relevant excerpts only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Rules on Cigarette Package Labeling in the Jurisdiction of the People's Republic of China were issued in 2015 to replace the previous rules issued in 2007. The rules require text-only health warnings to increase in size from 30% to 35% of the front and back display areas of cigarette packaging.

COMMENTS: Notice No. 26 of 2018 of State Administration for Market Regulation and State Tobacco Monopoly Administration bans the sale of e-cigarettes to minors. However, this is an advisory notice and is not legally binding.

COMMENTS: Circular No. 1 of 2019 of State Administration for Market Regulation and State Tobacco Monopoly Administration prohibits the online sale and online advertising of e-cigarettes. Enforcement authorities are implementing this notice.

COMMENTS: The Administrative Measures for E-cigarette Management, issued by the State Council’s tobacco monopoly authority, regulates e-cigarettes nationally and prohibits the sale of flavored e-cigarettes, other than tobacco flavor, prohibits the sale of e-cigarettes near schools and via vending machines and the internet, and applies the relevant tobacco advertising laws to e-cigarettes.

COMMENTS: The Regulations on E-cigarette Warning Signs standardize the warning messages of e-cigarettes.

COMMENTS: The National Standards for E-cigarettes define key terms and regulate product restrictions, ingredients, labeling, and testing methods for e-cigarettes.

COMMENTS: The Administrative Rules for E-Cigarettes Import-Export Trade and Foreign Economic and Technical Cooperation regulate the import and export of e-cigarettes and raw materials.

COMMENTS: Order No. 72 on Measures for the Administration of Internet Advertisements was issued by the State Administration for Market Regulation. Relevant to tobacco control, it prohibits internet advertising of tobacco products and e-cigarettes.

The English translation contain relevant excerpts only.

COMMENTS: The Guidelines for Promoting the Building of Quality Assurance Systems for Exported Electronic Cigarette Products establish guidelines for quality assurance systems for exported e-cigarettes, including product traceability systems.