Is it a crime or an offence to sell tobacco to minors?

Selling cigarettes to minors does not constitute a crime. However, its behavior has violated national laws and violated public order and good customs. According to the first paragraph of Article 59 of the newly revised Law on the Protection of Minors in People's Republic of China (PRC) (the Law), operators who carry out the retail business of tobacco products should set warning signs in a prominent position not to sell tobacco products to minors; If it is difficult to determine whether he is a minor, he shall ask the other party to show his identity certificate to determine whether he is a minor.

Where an operator sells tobacco products to minors knowing that the other party is a minor, the Tobacco Monopoly Bureau, the Market Supervision Administration and other relevant departments shall, in accordance with the provisions of Article 123 of the Law on the Protection of Minors in People's Republic of China (PRC), Paragraph 1 of Article 14 of the Regulations for the Implementation of the Tobacco Monopoly Law in People's Republic of China (PRC) (administrative regulations) and Article 1 of the Measures for the Administration of Tobacco Monopoly Licenses (regulations),

Order it to make corrections within a time limit, give it a warning, confiscate its illegal income, and may impose a fine of not more than 50,000 yuan; Refuses to correct or if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license and relevant certificates, and may also be imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan. If the qualification of tobacco monopoly business is cancelled according to law, the issuing authority shall make a decision not to issue a tobacco monopoly retail license within three years.

The reference materials are as follows:

People's Republic of China (PRC) Civil Code (Law)

Article 8 Civil subjects engaged in civil activities shall not violate laws, public order and good customs.

Law of People's Republic of China (PRC) on the Protection of Minors (Law)

Fifty-ninth schools and kindergartens shall not set up cigarette, wine and lottery sales points. It is forbidden to sell cigarettes, alcohol, lottery tickets or pay lottery bonuses to minors. Operators of tobacco, alcohol and lottery tickets shall set up signs in a prominent position not to sell tobacco, alcohol and lottery tickets to minors; If it is difficult to determine whether they are minors, they shall be required to show their identity documents.

No one is allowed to smoke or drink alcohol in schools, kindergartens or other public places where minors concentrate their activities.

Article 123 Where the relevant business operators violate the provisions of Article 58, Paragraph 1 of Article 59 and Article 60 of this Law, the departments of culture and tourism, market supervision and management, tobacco monopoly and public security shall, in accordance with the division of responsibilities, order them to make corrections within a time limit, give them a warning, confiscate their illegal income and may concurrently impose a fine of not more than 50,000 yuan; Refuses to correct or if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license and relevant certificates, and may also be imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan.

tobacco monopoly law of the people's republic of china

Article 5, paragraph 2? The state and society strengthen publicity and education on the health hazards of smoking, prohibit or restrict smoking in public transport and public places, discourage teenagers from smoking, and prohibit primary and secondary school students from smoking.

Regulations on the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law (Administrative Regulations)

Article 14 Article 1 The tobacco monopoly license issuing organ may inspect the enterprises and individuals that have obtained the tobacco monopoly license regularly or irregularly. If the inspection does not meet the requirements of the Tobacco Monopoly Law and these Regulations, the tobacco monopoly license issuing organ may order it to suspend the tobacco monopoly business and make rectification until it is disqualified from engaging in tobacco monopoly business.

Measures for the Administration of Tobacco Monopoly License (Decree No.37 of the Ministry of Industry and Information Technology)

Article 44? Article 3 Under any of the following circumstances, the issuing authority may order the holder to suspend the tobacco monopoly business and make rectification until he is disqualified from engaging in tobacco monopoly business according to law: (10) Other circumstances stipulated by laws, regulations and rules.

Article 25 A tobacco monopoly retail license shall not be issued under any of the following circumstances: (3) The qualification for tobacco monopoly operation has been cancelled for less than three years;