Regulations in Hubei Province prohibiting counterfeit and shoddy cigarettes and smuggled cigarettes

Article 1 In order to crack down on the production and sale of counterfeit and shoddy cigarettes and the illegal transportation and sales of smuggled cigarettes, and safeguard the interests of the country and consumers, in accordance with the "Tobacco Monopoly Law of the People's Republic of China" and other relevant laws, These regulations are formulated based on the actual conditions of the province. Article 2 The term “counterfeit and shoddy cigarettes” as mentioned in these regulations includes: cigarettes that counterfeit other people’s registered trademarks; cigarettes produced without obtaining a production license; cigarettes that do not meet the quality indicators specified in product design; and cigarettes that have been deemed unsmokable by quality inspection and appraisal.

Smuggled cigarettes as mentioned in these regulations include: overseas cigarettes that are not marked with the Chinese characters "Exclusively sold by China National Tobacco Corporation" on the packaging; domestic cigarettes that are marked with the Chinese characters "Exclusively for Export" on the packaging. Article 3 All enterprises and individual industrial and commercial households engaged in cigarette production and operation within the administrative region of this province must comply with these regulations. Article 4 The tobacco monopoly management department is the department in charge of investigating and punishing the production and sale of counterfeit and shoddy cigarettes and the illegal transportation and sale of smuggled cigarettes. The industrial and commercial administration, technical supervision, public security, customs and other relevant departments and judicial organs shall perform their respective duties in accordance with the responsibilities stipulated in laws and regulations, and cooperate closely to jointly investigate and deal with the production and sale of counterfeit and shoddy cigarettes and the illegal transportation and sale of smuggled cigarettes. Work. Article 5 The batches of cigarettes seized by the relevant law enforcement departments must be submitted to the local tobacco monopoly department for quality appraisal by the statutory agency that authenticates the authenticity of cigarettes. Article 6 The production and operation of cigarettes must be approved by the tobacco monopoly authority and obtain a tobacco monopoly license. Without a tobacco monopoly license, production and operation are not allowed. Article 7 The production of counterfeit and shoddy cigarettes is prohibited. For "underground factories" that manufacture counterfeit and shoddy cigarettes, and "dark dens" that harbor fake and shoddy cigarettes, the local government should organize relevant departments to ban them and punish offenders in accordance with the law. Article 8 All cigarette operating enterprises and individual industrial and commercial households in this province are not allowed to sell counterfeit and shoddy cigarettes. Counterfeit and shoddy cigarettes discovered by operators during their business activities, and counterfeit and shoddy cigarettes seized by relevant law enforcement departments, are prohibited from being put on the market and should all be handed over to the local tobacco monopoly authority for centralized and public destruction. Article 9 Except that operators who hold a special tobacco monopoly business license can operate imported cigarettes in accordance with regulations, and operators who hold a designated enterprise license for handling confiscated smuggled cigarettes can operate confiscated smuggled cigarettes in accordance with regulations, other units and individuals Industrial and commercial households are not allowed to operate. Article 10: Smuggled cigarettes seized by relevant law enforcement departments shall be handed over to the local tobacco monopoly authority for unified purchase. In principle, the purchase price shall not be less than 70% of the price prescribed by the state. Article 11 The establishment of a cigarette wholesale market must be approved by the tobacco monopoly department at or above the provincial level. Any free wholesale market for cigarettes that is not approved in accordance with regulations, formed spontaneously or due to other reasons, shall be banned by the local government. Article 12 To transport tobacco monopoly products, you must hold a transportation permit issued by the tobacco monopoly authority. If there are reports of illegal transportation of tobacco monopoly products (including transportation by special-purpose vehicles), the tobacco monopoly department or the tobacco monopoly department in conjunction with the public security department will conduct inspections in accordance with the law. Article 13: Tobacco monopoly authorities at all levels should strengthen the inspection and management of tobacco monopoly licenses, and investigate and deal with illegal wholesale cigarettes without a license. Article 14: Meritorious personnel who report and expose or assist in the investigation and prosecution of the production and sale of counterfeit and shoddy cigarettes and the illegal transportation and sale of smuggled cigarettes shall be protected and rewarded in accordance with regulations. Article 15 Anyone who violates these regulations and manufactures counterfeit and shoddy cigarettes shall have their illegal gains, counterfeit raw and auxiliary materials, equipment, tools, and counterfeit and shoddy products confiscated, and depending on the seriousness of the case, be fined three to five times the high-end price of similar cigarettes. , those who violate criminal laws shall be investigated for criminal responsibility in accordance with the law; those who harbor counterfeit and shoddy cigarettes shall have their illegal gains and counterfeit and shoddy cigarettes confiscated, and shall be fined not less than 5,000 yuan but not more than 50,000 yuan. Article 16 Anyone who violates these regulations by selling counterfeit and shoddy cigarettes shall have their illegal gains and counterfeit and shoddy cigarettes confiscated, and shall be fined not less than 2 times but not more than 4 times the total value based on the market price of similar cigarettes. Article 17 Anyone who violates these regulations and illegally distributes imported cigarettes and smuggled cigarettes shall have his illegal gains and all cigarettes confiscated, and shall be fined not more than five times the total value of the confiscated cigarettes.

Article 18 Whoever violates these regulations and illegally transports counterfeit and shoddy cigarettes shall have his counterfeit and shoddy cigarettes confiscated and be fined not less than 10,000 yuan but not more than 100,000 yuan. If the circumstances are serious, his means of transportation shall be confiscated in accordance with the law; if he violates criminal laws, he shall be held criminally responsible in accordance with the law. ; Those who illegally transport imported cigarettes and smuggled cigarettes will have all their cigarettes confiscated and be fined not more than 50,000 yuan. If the circumstances are serious, their means of transportation will be confiscated in accordance with the law; those who transport domestic cigarettes without a transportation permit shall be subject to the "Tobacco Monopoly Administration" of the State Tobacco Monopoly Administration. "Penalty Provisions". Article 19 Anyone who violates these regulations and wholesales cigarettes without a license shall be dealt with in accordance with the "Administrative Punishment Regulations on Tobacco Monopoly" of the State Tobacco Monopoly Administration. Article 20 Anyone who violates these regulations, resists or obstructs law enforcement officers from performing their duties in accordance with the law, or violates the "Regulations on Public Security Administration Punishments of the People's Republic of China" shall be dealt with by the public security organs in accordance with the law; those who violate criminal laws shall be held criminally responsible in accordance with the law. Article 21 Whoever provides criminals with funds, certificates, bills, transportation, mailing and other convenient conditions shall have their illegal gains confiscated and may be fined not more than twice the illegal gains; if they violate criminal laws, they shall be held criminally responsible in accordance with the law.