Recently, the National Tobacco Monopoly Administration and the Ministry of Finance jointly issued the "Management Measures for Finned and Confiscated Tobacco Articles", which will come into effect on December 1, 2023.
On September 27th, the official website of the National Tobacco Monopoly Administration released the "Measures for the Management of Fined and Confiscated Tobacco Articles".
In order to strengthen the management of confiscated tobacco products, improve the efficiency of tobacco monopoly supervision, protect the legitimate rights and interests of the parties involved in the case and the disposal of relevant parties, and prevent national property losses, the National Tobacco Monopoly Administration and the Ministry of Finance have jointly issued the "Management Measures for confiscated tobacco products", which will come into effect on December 1, 2023.
According to laws and regulations such as the Tobacco Monopoly Law of the People's Republic of China, the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, and the Measures for the Administration of Fined and Confiscated Property (Cai Shui [2020] No. 54), the National Tobacco Monopoly Administration and the Ministry of Finance have studied and formulated the "Measures for the Administration of Fined and Confiscated Tobacco Articles", requiring tobacco monopoly bureaus and finance departments (bureaus) of various provinces, autonomous regions, and municipalities directly under the central government, as well as tobacco monopoly bureaus in Dalian and Shenzhen, The finance bureaus of cities with separate plans, the finance bureaus of Xinjiang Production and Construction Corps, and the regulatory bureaus of various regions of the Ministry of Finance shall comply with and implement them.
Chapter 6 involves the disposal of electronic cigarettes and other confiscated tobacco items, as follows:
Chapter 6 Disposal of Electronic Cigarettes and Other Confiscated Tobacco Articles
Article 16: Tobacco monopoly bureaus at all levels shall, based on the investigation and evidence collection of authenticity identification, quality inspection, inquiry records, and the national electronic cigarette sales catalog, determine the types and channel sources of confiscated electronic cigarettes, and dispose of them in accordance with the aforementioned regulations on the management of confiscated cigarettes. If it is determined to be a genuine electronic cigarette and is listed in the national electronic cigarette sales catalog, it should generally be disposed of through sale. Other confiscated electronic cigarettes, aerosols, nicotine used in electronic cigarettes, and other products can be directly destroyed and disposed of with the approval of the higher-level tobacco monopoly bureau, and written and visual materials can be retained for future reference.
Article 17: If the confiscated tobacco items have the following circumstances, with the approval of the higher-level tobacco monopoly bureau, the relevant tobacco monopoly bureau may directly destroy and dispose of them, and retain textual and visual materials for future reference:
（1） Illegally produced and sold tobacco products such as tea smoke, flower smoke, and mugwort smoke;
（2） Illegally produced and sold tobacco products containing cigarettes, hookah, snuff, etc;
（3） Equipment and materials specifically used for the production of illegal tobacco products or new tobacco products such as e-cigarettes, such as tobacco trademark identification, packaging paper, and mouthpieces;
（4） Fake and inferior tobacco seeds.
Article 18: Tobacco monopoly bureaus at all levels shall, in conjunction with the financial department, study and solve the problem of disposing of new types of confiscated tobacco products, clarify the standardized disposal methods for various types of confiscated tobacco products, assist judicial organs, disciplinary inspection and supervision institutions, and other law enforcement agencies in proper disposal, improve law enforcement efficiency, and enhance cross departmental comprehensive regulatory efficiency.