LANGUAGE
Last updated: November 6th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Allowed
Analysis

The law does not specifically prohibit the sale of single cigarette sticks; therefore, the law is interpreted as permitting the sale of single cigarette sticks.

To align with FCTC Art. 16, the law should prohibit the sale of single cigarettes as this increases the affordability of cigarettes to minors.

Sale of tobacco products via vending machines

Banned
Analysis

The Decision of the Standing Committee of the National People's Congress on Ratifying the Framework Convention on Tobacco Control ratified the FCTC and simultaneously prohibited the use of vending machines throughout China. In addition, MOH Order No. 80 prohibits the installation of vending machines in public places, and the Tobacco Monopoly Licensing Management Regulations prohibit any "citizen, legal person, or other organization" from using vending machines to sell tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 in this respect.

Sale of tobacco products via the internet

Some Restrictions
Analysis

Under the Ministry of Industry and Information Technology’s Tobacco Monopoly Licensing Management Regulations, citizens, legal entities, and other organizations are not allowed to sell tobacco products through the internet. However, internet sales are permitted by those entities that obtain either a tobacco monopoly manufacturer license, tobacco monopoly wholesale enterprise license, or a special tobacco monopoly operation enterprise license. Therefore, the regulatory status code "Restricted" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of advertising and promotion.

Sale of smokeless tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
Analysis

The Tobacco Monopoly Licensing Management Regulations provide that a tobacco retail license shall not be issued in a location around a primary or secondary school. The rules do not specify a distance within which sales are prohibited.

Playgrounds

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products on playgrounds; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in stadiums/arenas; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in healthcare facilities; therefore, the law is interpreted as permitting the sale of tobacco products in healthcare facilities.

Cultural facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in cultural facilities; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

No
Analysis

The law does not require a minimum number of cigarette sticks per unit package.

To align with FCTC Art. 16, the law should prohibit the sale of small packets of cigarettes which increase the affordability to minors.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The law does not require a minimum weight per unit package of smokeless tobacco.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

Yes
Analysis

The Tobacco Monopoly Law requires any enterprise or individual that seeks to engage in the retail sale of tobacco products to apply for and obtain a license from the Administrative Department for Industry and Commerce.

The law aligns with FCTC Art. 15 in that the law requires retailers to obtain a license to sell tobacco products.

Law Source, Section