People's Republic of China Tobacco Monopoly Law · Implementation Rules of the Tobacco Monopoly Law of the People's Republic of China

Author: Compiled by the Press
Publisher:
Publishing Date: 2003-05-01
Features: Article 1 General Provisions This Law is formulated to implement the special administration of tobacco monopoly, organize the production and operation of tobacco monopoly products in a planned manner, improve the quality of tobacco products, safeguard the interests of consumers, and ensure national financial revenue.
Article 2 The term "tobacco monopoly products" referred to in this Law refers to cigarettes, cigar tobacco, raw tobacco, reprocessed tobacco leaves, flue-cured tobacco, cigarette paper, cigarette filters, tobacco, and special tobacco machinery. Cigarettes, cigar tobacco, raw tobacco, and reprocessed tobacco leaves are collectively referred to as tobacco products.
Article 3 The State implements special administration of tobacco monopoly products in terms of production, sales, import and export in accordance with the law and establishes a system of tobacco monopoly licenses.
Article 4 The competent administrative organ for tobacco monopoly at the State Council level is responsible for the national tobacco monopoly work. The competent administrative organs for tobacco monopoly in provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the tobacco monopoly work within their respective jurisdictions, under the dual leadership of both the competent administrative organ for tobacco monopoly at the State Council level and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, with the leadership of the competent administrative organ for tobacco monopoly at the State Council level taking precedence.
Article 5 The State strengthens scientific research and technological development of tobacco monopoly products to improve the quality of tobacco products and reduce the content of tar and other harmful components. The State and society strengthen publicity and education on the harm of smoking to health, prohibit or restrict smoking in public transportation and public places, advise against youth smoking, and prohibit students from smoking.
Article 6 When implementing tobacco monopoly management in ethnic autonomous areas, the State shall, in accordance with the provisions of this Law and the Law on Regional Ethnic Autonomy, take into account the interests of the ethnic autonomous areas and provide preferential treatment for the cultivation of flue-cured tobacco and the production of tobacco products in ethnic autonomous areas.
Chapter II Cultivation, Collection, and Allocation of Flue-Cured Tobacco
Article 7 The term "flue-cured tobacco" referred to in this Law refers to flue-cured tobacco and famous air-cured tobacco required for the production of tobacco products. The list of famous air-cured tobacco is specified by the competent administrative organ for tobacco monopoly at the State Council level. Other air-cured tobacco not included in the list may be sold in market trade.
Article 8 Tobacco cultivation shall cultivate and promote superior varieties in accordance with local conditions. After superior varieties are approved and approved by the national or provincial-level tobacco variety appraisal committee, the local tobacco company shall organize the supply.
Article 9 The plan for flue-cured tobacco collection shall be issued by the planning department of local people's governments at or above the county level according to the plan issued by the planning department of the State Council, and no other units or individuals shall alter it. Tobacco companies or their entrusted units shall sign flue-cured tobacco collection contracts with flue-cured tobacco cultivators. The contract for flue-cured tobacco collection shall stipulate the area of flue-cured tobacco cultivation. The price of flue-cured tobacco shall be formulated by the price administration department of the State Council in consultation with the competent administrative organ for tobacco monopoly at the State Council level in accordance with the principle of equal pricing.
Article 10 Flue-cured tobacco shall be uniformly collected by tobacco companies or their entrusted units in accordance with the state's prescribed collection standards and prices. No other units or individuals shall collect flue-cured tobacco. Tobacco companies and their entrusted units shall, in accordance with the state's prescribed standards, classify and price flue-cured tobacco produced by flue-cured tobacco cultivators according to the cultivation area stipulated in the collection contract, collect it in full, without compressing grades or prices, and properly handle disputes arising from the collection of flue-cured tobacco.
Article 11 Flue-cured tobacco between provinces, autonomous regions, and municipalities directly under the Central Government,