On Saturday May 30th, the Shenzhen Municipal Tobacco Control Office launched a special action to focus on "electronic cigarettes" and rectify the illegal behaviors of e-cigarette stores. This led to, for the first time in China, an e-cigarette store being fined for not posting relevant signs in the shop. The store, in Nanshan District of Shenzhen, was fined 2000 yuan on the spot.
According to the shop assistant, they are the flagship store of a brand of e-cigarettes, which has outlets in all the major shopping malls in the city.
While promoting the sale of e-cigarettes as a tool to quit smotking, the clerk also recommended the buyer to try it.
When asked if you can't smoke indoors, the clerk said, "you can smoke. At the scene, the staff in the store were seen smoking electronic cigarettes.
There was no obvious "no smoking" sign in this store. Although there was a warning that "minors are strictly prohibited to use" in the store, according to Article 13 of the regulations of Shenzhen Special Economic Zone on the control of smoking (hereinafter referred to as the "Regulations on the control of smoking"), the seller of tobacco products shall set up the signs that smoking is harmful to health and that it is prohibited to sell tobacco products to minors in the obvious places where they sell cigarettes. There was no warning that smoking is harmful to health in the store.
Xu Yu, deputy director of Yuehai office, Nanshan Supervision Bureau, Shenzhen market supervision administration
The e-cigarette sales point is suspected of violating the provisions of Article 13 of the regulations on the control of tobacco. The seller of tobacco products should set up the signs that smoking is harmful to health and that it is forbidden to sell tobacco products to minors in the obvious positions of the places where they sell cigarettes. We have filed a case.
According to Xu Yu, if the violation is finally determined, according to Article 39 of the smoke control regulations, the market supervision and administration department shall order it to make corrections within a certain time and impose a fine of 2000 yuan. If it fails to make corrections within the time limit, it shall impose a fine of 10000 yuan.
In addition, according to the requirements, there must be a telephone to report complaints and a warning that smoking is harmful to health, which is a standard sign, Xiong Jingfan, a technical officer for the smokeless City Project in Shenzhen, said.
The two smokers who smoked in the shop were also fined 50 yuan each on the spot.
The Sale and or Advertisement of e-Cigarettes Online is Illegal
Last year, the state tobacco monopoly administration and the State Administration of market supervision issued the circular on further protecting minors from electronic cigarettes, which requires that electronic cigarettes shall not be sold to minors, sold through the Internet, or advertised through the Internet.
However, not all vendors are complying.
In some e-cigarettes outlets, the staff said that they can sell e-cigarettes by adding WeChat friends.
Advertisements like this were found posted in the clerk's WeChat Moments almost daily:
"New users enjoy: 30 yuan coupon reduction for any set"
"Old users enjoy: successfully invite friends to sign up for membership, earn 50 points, successfully recommend friends to buy a set, enjoy benefits plus code"
Xiong Jingfan, a technical official of the smokeless City Project in Shenzhen, said that the sale of e-cigarettes on WeChat was also an "illegal" act, and the market supervision department could warn the network platform.
From October 1 last year, a new version of regulations on tobacco control, the "strictest in history" was implemented in Shenzhen.
In the outdoor non-smoking places, the new version of the "smoke control regulations" will increase from seven categories of non-smoking places to nine categories. Among them, the areas within five meters outside the pedestrian entrance and exit of the public transport station building, as well as the areas where the outdoor platform and waiting area of public transport vehicles are located", which also means that the outdoor platform and waiting area of public transport vehicles such as buses, coaches, taxis, subways, ships and civil aircraft will be fully non-smoking.
In addition, the waiting area outside the pedestrian entrances and exits of schools, parks, medical and health institutions, parks, tourist attractions, sports venues and other places, as well as the outdoor ticket purchasing area, are also included in the "no smoking area".
At the same time, in order to protect minors from the impact of tobacco products, the new version of the "smoke control regulations" also requires that "no tobacco products shall be sold within 50 meters from the entrance and exit of primary and secondary schools and youth places."
For those who had any doubt about whether electronic cigarettes were included in the restrictions...
According to Article 44 of the new version of regulations on tobacco control——
Smoking refers to the use of electronic cigarettes, holding other tobacco products that are ignited or heated without burning.
In addition, in terms of the definition of tobacco products, the new version of the regulations on tobacco control also makes it clear that "tobacco products" refer to all or part of the products and electronic cigarettes produced by tobacco as raw materials for suction, sucking, chewing or snorting.
Last year, the first ticket was issued in Shenzhen for illegal use of e-cigarettes. On October 16, 2019, Mr. Li, a smoker, was imposed an administrative fine of 50 yuan for smoking e-cigarettes at a bus stop in Yantian District, Shenzhen.
Mr. Li, the smoker, was fined 50 yuan.
Video source: Guangdong Health Publicity and Education Center