This article is reproduced on the Tobacco Monopoly Bureau website:

National Tobacco Special (2021) No. 89

All provincial tobacco monopoly bureaus, all provinces, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps Market Supervision Administration (departments, committees):

In order to further protect minors from smoke, the Tobacco Monopoly Bureau and the State Administration of Market Supervision and Administration formulated the "Special Action Plan for Protecting Minors from Smoke and "Guarding Growth"." Now it is printed and distributed to you, please take the local reality into consideration and implement it conscientiously.

Hereby inform.

Tobacco Monopoly Bureau Market 

Supervision and Administration Bureau

June 18, 2021

(This piece is publicly released)

Protect minors from smoking "Guardian growth"

Special action plan

In order to implement the newly revised ``Law of the People's Republic of China on the Protection of Minors'' on the protection of minors from smoking, and to protect and maintain the health and legal rights and interests of minors in accordance with the law, the Tobacco Monopoly Administration and the State Administration of Market Supervision and Administration have decided Jointly carry out a special action to protect minors from smoking and “guard their growth”.

1. General requirements

(1) Guiding ideology.

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Party and the 2nd, 3rd, 4th, and 5th Plenary Sessions of the 19th National Congress of the Communist Party of China. In accordance with the requirements of laws and regulations, intensify the investigation and punishment of tobacco-related illegal activities, and pay more attention to prevention, combining prevention and control, and comprehensive management to effectively protect the healthy growth of minors.

(2) Work objectives.

1. Publicity and education are in place. Strengthen the legal publicity and implementation of cigarettes (including e-cigarettes) outlets, and urge the comprehensive installation of warning signs.

2. Prevention and protection are in place. Classify and improve the distance standards around primary and secondary schools and kindergartens (hereinafter referred to as campus areas), implement the inspection and registration of cigarette sales outlets, and speed up the clean-up of illegal outlets.

3. Investigation and supervision are in place. Strictly investigate and punish illegal acts of selling cigarettes to minors, continue to strengthen online monitoring, and increase efforts to crack down on illegal acts.

2. Main tasks

(1) Conscientiously implement the requirement that no sales outlets be set up around the campus.

1. Clearly regulate the distance standards and measurement standards around the campus. Tobacco monopoly administrative departments in various regions should combine reality and set distance standards scientifically and reasonably. They should take into account the local normal consumption needs and protect minors from the harm of tobacco. The measurement standards should be reasonable and in line with the cognition of ordinary people, and the measurement methods should be simple and easy to implement and easy to verify.

2. Clean up the existing cigarette sales outlets around the campus. Before June 25, 2021, all local tobacco monopoly administrative departments shall conduct a comprehensive investigation of the stock retail license holders around the campus, establish a work account, and regularly report on the progress of the cleanup. It is necessary to actively persuade the holders of licenses around the campus to quit actively; for those who change locations, the conditions for applying for the license can be appropriately relaxed in accordance with the law; for those operating at the original location, the license will not be renewed after expiration. The market supervision department should strengthen the investigation and punishment of unlicensed business operations, investigate and deal with unlicensed business households around campuses in accordance with the law, and create a standardized and orderly market environment.

(2) Strictly investigate and punish illegal acts of selling cigarettes to minors.

1. Implement warning signs and ID verification regulations. All local tobacco monopoly administrative departments should speed up the organization to post warning signs or special publicity signs prohibiting the sale of cigarettes to minors at prominent locations in cigarette sales outlets. Supervise and urge operators to take the initiative to reject minors' requests to purchase cigarettes. For those who are difficult to determine whether they are minors, strictly implement ID verification, explore the application of new technical means, and improve the effectiveness of verification.

2. Effectively strengthen the daily supervision of the tobacco market. All local tobacco monopoly administrative departments should improve the 12313 tobacco market supervision service hotline operating mechanism, unblock reporting and complaint channels, and respond to the demands of the masses in a timely manner. Comprehensive use of "double random, one open" supervision and key supervision and other means to incorporate the campus surroundings into key supervision areas to ensure the effective implementation of the "Law of the People's Republic of China on the Protection of Minors".

3. Investigate and punish illegal acts of selling cigarettes to minors in accordance with the law. All local tobacco monopoly administrative departments should coordinate the application of the "Law of the People's Republic of China on the Protection of Minors", effectively standardize the administrative sanctions standards in their jurisdictions, and strengthen the fixation of evidence. Persist in interpreting the law by cases, warning by cases, forming a deterrent, guiding cigarette sales outlets to abide by the law, and educating law enforcement personnel to strictly standardize civilized law enforcement.

(3) Continue to strengthen the supervision of the e-cigarette market.

1. Strictly supervise the operation of electronic cigarettes. All localities must implement the requirements of the Party Central Committee and the State Council on advancing the rule of law in e-cigarette supervision, gradually establish and improve e-cigarette supervision work system, improve supervision efficiency, standardize e-cigarette production and operation activities, and prevent the "resurgence" of chaos in the e-cigarette market.

2. Continue to strengthen the control of Internet channels. Implement the ``Notice on Prohibition of Selling E-cigarettes to Minors'' jointly issued by the General Administration of Market Supervision and Administration and the Tobacco Monopoly Administration (Announcement No. 26 of 2018 of the General Administration of Tobacco Monopoly Administration of the General Administration of Market Supervision), the Tobacco Monopoly Administration and the General Administration of Market Supervision In the spirit of the "Notice on Further Protecting Minors from Electronic Cigarettes" (Announcement No. 1, 2019 of the General Administration of Tobacco Monopoly Administration), the Internet has been completely cleaned up to make changes, sell electronic cigarettes in disguise, and false and illegal advertisements. Tobacco monopoly administrative departments in various regions want to talk to e-cigarette companies and Internet companies to consolidate the main responsibilities and prevent the infringement of e-cigarettes on minors in the Internet field.

3. Guide the legal and standardized operation of electronic cigarette stores. All local tobacco monopoly administrative departments must comprehensively investigate e-cigarette sales outlets and register and establish files. Clean up and rectify illegal sales outlets and automatic sales equipment around campuses, investigate and punish illegal sales of electronic cigarettes to minors in accordance with the law, and effectively protect the legitimate rights and interests of minors.

3. Work arrangement

The special operation lasted for 3 months and was carried out in three stages:

1. Publicity and mobilization stage (June 15-June 25). All localities must formulate work plans, hold mobilization meetings, clarify the focus of supervision, and organize investigations.

2. Centralized renovation stage (June 26-August 31). All localities must conduct comprehensive inspections of cigarette sales outlets, strengthen follow-up supervision, and solve outstanding market problems.

3. Summarize the promotion phase (September 1-September 14). Seriously summarize the situation of the special action, and explore the establishment and improvement of a long-term mechanism for the protection of minors.

Four, work requirements

(1) Strengthen organization and leadership. Protecting the physical and mental health of minors is the common responsibility of tobacco monopoly and market supervision departments at all levels. All localities must improve their political positions and strengthen work implementation. Provincial-level tobacco monopoly and market supervision departments should set up special joint action teams to be responsible for the implementation and promotion of special actions within their jurisdictions to ensure that the special actions achieve practical results.

(2) Strengthen comprehensive governance. It is necessary to actively seek support from local governments and push the government to resolve key issues. Strengthen cooperation with administrative departments such as education and health, effectively integrate resources, gather law enforcement forces, and build a coordinated governance system with government support, department promotion, schools, communities, and families.

(3) Do a good job of propaganda and guidance. It is necessary to use news media, industry websites and other channels to vigorously promote the importance of protecting the physical and mental health of minors, report the effects of special actions in time, increase the exposure of typical cases, and create a good public opinion environment and social atmosphere.

The provincial tobacco monopoly administrative departments shall report the special action work plan, typical cases and phased progress (Annex 1, 2) to the Tobacco Monopoly Bureau on a regular basis.