Are cigarettes allowed on campus?

The Measures for the Administration of Tobacco Monopoly License stipulates that cigarettes are not allowed to be sold around the school. The specific scope is not clear, and the implementation standards vary from place to place, but it is definitely unacceptable within the school.

According to the second paragraph of Article 25 of the Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law, "enterprises or individuals that have obtained tobacco monopoly retail should purchase goods from local tobacco monopoly wholesale enterprises and accept the supervision and management of tobacco monopoly license issuing organs."

This means that except for local tobacco wholesale enterprises, other purchase channels are illegal. The business amount reaches 50,000 yuan, or the illegal income exceeds 6,543,800 yuan, which constitutes a crime. In violation of the state regulations on tobacco monopoly administration, illegally dealing in tobacco monopoly products without the permission of the tobacco monopoly administration department, disrupting the market order, and the circumstances are particularly serious, which has constituted the crime of illegal business operation.

Criminal Law: Article 225 Whoever, in violation of state regulations, commits any of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

In order to keep minors away from the harm of cigarettes and protect their physical and mental health, the Civil Affairs Department of Haizhu District Procuratorate actively explored and took the initiative to attack after discovering the clues that illegal cigarette sales around the campus endangered the public interest. In the new semester, the special action of public interest litigation around campus was launched, which created a clear "smoke-free environment" for young students in the jurisdiction.

In the special action, the prosecutor's case-handling team visited the cigarette shops around the primary and secondary schools in the jurisdiction 12, and found that there were cigarette shops in the area less than 50 meters away from the school gate of six schools, and no sign of "No use of tobacco products by minors" was set. During the visit, I also found some cigarette shops selling cigarettes to middle school students.

According to the Law of People's Republic of China (PRC) on the Protection of Minors, the Measures for the Administration of Tobacco Monopoly License and the Regulations of Guangzhou Municipality on the Control of Smoking, the seller of tobacco products shall not sell cigarettes to minors, and shall set up a sign "Do not sell tobacco products to minors" in a prominent position in the tobacco sales place.

Primary schools, middle schools, vocational schools and other schools that educate minors are not allowed to issue tobacco monopoly retail licenses within 50 meters.