The main contents of the regulations on smoking control in public places

The main contents of the Regulations on the Control of Smoking in Public Places are as follows: First, clearly define the scope of no-smoking places. It is stipulated that smoking is completely banned in indoor public places, and smoking is explicitly prohibited in outdoor public places.

The second is publicity and education and smoking cessation services. In particular, it is pointed out that several groups should play an exemplary role, such as staff of state organs, teachers and medical staff, who should take the lead in tobacco control; Teachers should not smoke in front of students; Medical staff should not smoke in front of patients. Among them, the biggest highlight is that the warning graphics of cigarettes are placed on the outer packaging of cigarettes. Graphic warning on cigarette packaging is one of the most direct, economical and effective means to publicize the harm of tobacco to the public. Therefore, Article 1 1 of the WHO Framework Convention on Tobacco Control stipulates that each contracting party shall adopt and implement effective packaging and labeling measures within three years after the Convention enters into force for that contracting party. As of June 5438+ 10 this year, it has been ten years since China signed the WHO Framework Convention on Tobacco Control.

The third is to prevent minors from smoking. It stipulates that it is forbidden to sell tobacco products to minors, and schools are obliged to publicize the dangers of tobacco to students and prevent minors from smoking. In order to reduce and eliminate the harm of tobacco smoke and ensure public health, according to the legislative work plan of the State Council, the Health and Family Planning Commission initiated the drafting of the Regulations on Smoking Control in Public Places in 20 13. In accordance with the relevant requirements of the legislative process, on the basis of summing up the local experience in tobacco control, in-depth research was conducted, and opinions from 25 departments including the Ministry of Industry and Information Technology and the Tobacco Bureau, provincial health and family planning administrative departments, some industry associations and relevant experts were widely solicited. After continuous revision and improvement, the Regulations on Controlling Smoking in Public Places (Draft for Review) was formed. The main contents are as follows:

I. Necessity and feasibility of legislation

(1) The smoking rate is high, and the social harm caused by tobacco smoke is enormous. There are a large number of smokers in China, and smoking and secondhand smoke exposure are very common. According to the survey, there are more than 300 million smokers, and the smoking rate of people over the age of 15 is 28. 1%, among which the male smoking rate is as high as 52.9%, which is one of the countries with the highest male smoking rate in the world. The smoking situation of teenagers is also not optimistic. 13- 15-year-old junior high school students' tobacco use rate was 6.9%, and 82.3% of them tried smoking before 13-year-old. 740 million non-smokers suffer from second-hand smoke. 72.9% of junior high school students are exposed to second-hand smoke at home, indoor public places, outdoor public places or public transport. Every year, the number of people who die from smoking-related diseases reaches 6.5438+0.36 million, which exceeds the sum of AIDS, tuberculosis, malaria and injury deaths. The diseases caused by smoking and secondhand smoke exposure are mainly chronic diseases, with high prevalence rate and long course of disease, which cause heavy disease burden and economic losses to the country. This is not only a severe test of medical service and medical security system, but also a severe challenge affecting the long-term development of the country.

(2) The lack of tobacco control laws has had a negative impact on the international community. In 2003, China signed the WHO Framework Convention on Tobacco Control (hereinafter referred to as the Convention), which entered into force in China on June 9, 2006. Article 8 of the Convention stipulates that smoking is completely prohibited in indoor public places, indoor workplaces, public transport and necessary outdoor places, and has formulated detailed implementation guidelines. Since the signing of the convention, a new wave of smoke-free legislation has been set off rapidly around the world. As of 20 12, more than 100 countries have enacted laws or comprehensive legislation on tobacco control in public places, among which 44 countries have implemented comprehensive smoke-free laws. However, there are no special laws and administrative regulations on tobacco control in public places in China, which affects China's international image in tobacco control.

(3) Tobacco control legislation is the requirement of implementing the Constitution and related planning spirit. The Constitution of China provides a fundamental legal basis for protecting citizens' right to life and health. As a serious health hazard, smoking should be strictly restricted. The Outline of the Twelfth Five-year Plan for National Economic and Social Development, the Twelfth Five-year Plan for Public Health and the Twelfth Five-year Plan for Tobacco Control all clearly state that smoking in public places is completely prohibited. Controlling tobacco epidemic is the requirement of implementing the constitution and national planning, and it is also an important content of deepening medical reform.

(4) The legislative practice in various places and the establishment of smoke-free environment have laid the foundation for the national tobacco control legislation. Since 2008, Beijing, Shanghai, Hangzhou, Guangzhou, Harbin, Tianjin, Qingdao, Lanzhou, Shenzhen, Changchun and other 13 cities have successively issued local laws and regulations on smoking control according to Article 8 of the Convention and its implementation guidelines. Jiangsu, Zhejiang and other provinces have clarified the measures to control smoking by revising local patriotic health regulations. Smoke-free health and family planning system, smoke-free schools, smoke-free institutions, smoke-free enterprises and other forms of smoke-free environment creation have provided useful practical experience for national tobacco control legislation and law enforcement. The survey shows that whether smokers or passive smokers, more than 90% of the respondents support the prohibition of smoking in public transport, schools and hospitals; More than 80% of the respondents support banning smoking in conference rooms, restaurants and bars. In recent years, more and more NPC and CPPCC representatives have called for national laws and regulations to ban smoking in public places.

2. What is the main content of the manuscript?

The contents of the regulations are divided into seven chapters, namely: general provisions, the scope and measures of smoking prohibition, publicity and education and smoking cessation services, prevention and control of smoking among minors, supervision and management, legal responsibilities and supplementary provisions. The main contents are as follows:

The first chapter "General Principles" expounds the legislative purpose, the definition of public places, basic principles, leading organs, responsible departments, fund guarantee, incentive measures, the subject of unit responsibility and social participation.

Chapter II "Scope and Measures of No Smoking" stipulates the requirements of indoor and outdoor smoking places (regions), outdoor smoking spots and temporary smoking places, and the basic rights, obligations and responsibilities of managers, citizens and relevant government departments.

Chapter III "Publicity, Education and Quitting Smoking Services" stipulates the responsibilities and obligations of state organs, enterprises and institutions, social organizations and their staff in publicity and education on smoking control in public places. It is required to set up text and graphic warnings on the packaging of tobacco products, and all tobacco advertising, promotion and sponsorship are widely prohibited. It is clearly required that radio, movies, television, newspapers, magazines, internet and other media should organize publicity and education on tobacco hazards. Clarify the responsibility of health and family planning departments in smoking cessation services.

Chapter IV "Prevention and Control of Smoking by Minors" stipulates that it is forbidden to sell tobacco products to minors, and that schools have the obligation to educate students about tobacco hazards and carry out tobacco hazard publicity activities.

Chapter V "Supervision and Management" stipulates the supervision and management responsibilities of relevant government departments on smoking control in public places. Put forward a multi-sector law enforcement model in which health and family planning, education, public security, civil affairs, human resources and social security, housing and urban-rural construction, transportation, culture, industry and commerce, quality inspection, safety supervision, food and drug supervision, tourism, religion, cultural relics and other administrative departments perform their respective duties. It is required to set up a complaint hotline and carry out monitoring and evaluation. Encourage the whole society to participate in tobacco control in public places.

Chapter VI "Legal Responsibility" stipulates the responsibilities of operators, managers, individuals and law enforcement departments in violation of regulations in no-smoking places.

Chapter VII "Supplementary Provisions" clarifies the relevant definitions, the connection with other laws and regulations and the implementation date.

Third, the problems that need to be explained.

(1) Issues concerning the scope of places where smoking is prohibited. Article 8 of the Convention and its Guidelines for Preventing Exposure to Tobacco Smoke clearly require that all indoor public places, indoor workplaces, public transport and other possible (outdoor or quasi-outdoor) public places shall be exempted within five years after the entry into force of the Convention on the basis of the principle of universal protection and the principle of 100% indoor smoke-free. It is very important for the formulation and implementation of the "Regulations" to scientifically and reasonably determine the scope of no-smoking places. Referring to the requirements of the Convention and international and domestic legislative experience, Article 2 of the Regulations clearly defines the definition of public places. Public places refer to places that the public can access or use, places used during work and public transport. Article 10 stipulates that smoking is completely prohibited in indoor public places. Article 11 Outdoor public places where smoking is completely prohibited include outdoor areas of public places with minors as the main activity groups, outdoor teaching areas of colleges and universities, outdoor areas of maternal and child health care institutions, children's hospitals, maternity hospitals, outdoor audience seating areas of sports and fitness places, and outdoor waiting areas of public transport. Article 12 Smoking-forbidden public places where smoking spots can be set outdoors include outdoor areas of other medical and health institutions, family planning technical service institutions and pension institutions except maternal and child health care institutions, children's hospitals and maternity hospitals, outdoor areas of other social welfare institutions except children's welfare institutions, and outdoor areas of scenic spots, cultural relics protection units, parks and playgrounds. No outdoor smoking spots are set up, which is regarded as a total ban on smoking. Article 13 stipulates the requirements for setting up outdoor smoking spots.

(2) In law enforcement mode. Judging from the practice of tobacco control legislation at home and abroad, there are various law enforcement modes. For example, Shanghai, Guangzhou, Tianjin, Harbin and so on. Multi-department law enforcement mode is adopted, and Shenzhen, Changchun, Hong Kong and Macao adopt single-department law enforcement mode led by health and family planning departments.

According to the domestic and foreign law enforcement modes and the actual situation in China, this Ordinance intends to adopt a multi-departmental joint management mode. Health and family planning, education, public security, civil affairs, human resources and social security, housing and urban construction, transportation, culture, industry and commerce, quality inspection, safety supervision, food and drug supervision, tourism, religion, cultural relics and other departments are responsible for the supervision and management of smoking control in public places within their respective administrative areas. There is no clear department in charge of public places, and the administrative department of health and family planning is responsible for supervision and management. The administrative departments involved in smoking control in public places shall be determined by the local people's governments at or above the county level in accordance with these Regulations and the relevant provisions of the State Council. In addition, the health and family planning department or its entrusted professional institutions are responsible for monitoring and evaluating the implementation of the Regulations. Encourage social forces to participate extensively in supervision.

(three) tobacco control publicity and education and smoking cessation services. Strengthening publicity and education is the pre-measure of tobacco control, and smoking cessation service is the follow-up measure, both of which are important measures to ensure the implementation of the regulations. Paying equal attention to standardized management and publicity and education, and giving full play to the guiding role of laws and regulations are the characteristics that distinguish this Ordinance from other laws and regulations. Strengthening tobacco control publicity and education, guiding citizens to take the initiative not to smoke, discouraging others from smoking, refusing to smoke second-hand smoke, and forming the awareness of the whole society to safeguard the right to health can make tobacco control work achieve twice the result with half the effort. In order to strengthen the publicity and education of tobacco control, Article 23 requires social demonstration groups such as staff of state organs, teachers and medical personnel to take the lead in tobacco control; Articles 19, 2 1, 22, and 24 require the government, social organizations, and the media to actively carry out tobacco control publicity and education, and promote the formation of a social fashion of no smoking, disrespect for cigarettes, and no delivery of cigarettes. Twenty-seventh clearly stipulates the establishment of smoking cessation clinics and the development of smoking cessation services.

A large number of international experiences have proved that publicity and education and smoking cessation services are indispensable key links to ensure the smooth implementation of tobacco control laws and regulations. In particular, cigarette packaging warning is the most cost-effective publicity and education means. A wide ban on tobacco advertising, promotion and sponsorship is an important strategy to ensure the effectiveness of tobacco control publicity and education, and it is also an important supporting measure to ban smoking in public places, so it is stipulated in the regulations.

(4) Measures to prevent and control underage smoking. Minors are a special group in tobacco control and potential smokers targeted by tobacco companies. Therefore, the prevention and control of underage smoking is of great significance to tobacco control in public places and even the whole tobacco control work. The Law on the Protection of Minors clearly stipulates that alcohol and tobacco shall not be sold to minors, and the Tobacco Monopoly Law also has relevant provisions, but it does not stipulate corresponding specific requirements and punishment measures. Articles 28, 29 and 30 of the Regulations restrict the sale of tobacco products to minors, that is, it is forbidden to sell tobacco products to minors in a way that can directly select tobacco products, such as vending machines; It is not allowed to sell tobacco products to minors. If it is difficult to determine whether he is an adult, the seller shall require him to show his identity certificate. Article 31 emphasizes that schools should take effective measures to prevent and control students from smoking, publicize and educate students about the dangers of tobacco, and promptly discourage and educate students who smoke to quit smoking. Chapter 1 General Provisions?

Article 1 In order to reduce and eliminate the harm of tobacco smoke, safeguard public health, create a good working and living environment and improve the level of social civilization, these Regulations are formulated in accordance with the Constitution and relevant laws.

Article 2 The term "public places" as mentioned in these Regulations refers to places that the public can enter, exit or use, places used during work and public transport.

Article 3 Smoking control in public places shall follow the principles of government leading, unit responsible, individual self-discipline and social supervision.

Article 4 People's governments at all levels shall lead the work of smoking control in public places. ?

People's governments at or above the county level shall formulate plans for smoking control in public places and incorporate them into economic and social development plans and government performance appraisal.

Article 5 The administrative department of health and family planning of the State Council is in charge of smoking control in public places throughout the country. The health and family planning administrative departments of the local people's governments at or above the county level shall be responsible for the control of smoking in public places within their respective administrative areas.

Other departments of the people's governments at or above the county level shall be responsible for the control of smoking in public places within the scope of their duties.

Article 6 People's governments at all levels shall guarantee the funds needed for smoking control in public places.

Article 7 People's governments at all levels shall commend and reward units and individuals that have made remarkable achievements in smoking control in public places.

Article 8 The legal representative or principal responsible person of state organs, enterprises, institutions, social organizations and other social organizations is the first person in charge of smoking control in this unit and is fully responsible for smoking control in this unit.

Article 9 The state and society support the control of smoking in public places. Encourage volunteer organizations, other social organizations and individuals to participate in or support smoking control through various forms.

Chapter II Scope and Measures of Prohibiting Smoking

Article 10 Smoking is prohibited in indoor public places.

Eleventh outdoor areas of the following public places are completely prohibited from smoking:

(1) Outdoor areas of nurseries, child welfare institutions, schools, activity centers, education and training institutions and other public places. Among them, minors are the main activity groups;

(2) Outdoor teaching areas of institutions of higher learning;

(3) Outdoor areas of maternal and child health care institutions, children's hospitals and maternity hospitals;

(4) Outdoor audience seating and competition area of sports and fitness venues;

(5) Outdoor waiting area of public transport; ?

(six) other outdoor places where smoking is prohibited as stipulated by laws and regulations.

Article 12 Smoking spots can be set up in the outdoor areas of the following public places, and smoking is prohibited in areas other than smoking spots. Outdoor areas of public places without smoking spots belong to places where smoking is completely prohibited:

(1) Outdoor areas of other medical and health institutions, family planning technical service institutions and pension institutions except maternal and child health care institutions, children's hospitals and maternity hospitals;

(2) Outdoor areas of social welfare institutions other than child welfare institutions;

(3) Outdoor areas of scenic spots, cultural relics protection units, parks and amusement parks;

(four) other outdoor places where smoking spots can be set up as stipulated by laws and regulations.

Thirteenth outdoor smoking spots shall meet the following requirements:

(a) in line with fire safety standards;

(2) Setting up obvious guiding signs;

(3) Stay away from vents, crowded areas and passages that pedestrians must pass through;

(four) set up eye-catching warning signs or pictures of smoking hazards in a prominent position.

Article 14 People's governments at all levels may prescribe temporary measures and scope for banning smoking in public places.

Fifteenth no one is allowed to smoke and ask for smoking utensils in no smoking places, and consciously listen to discourage; Smoking in non-smoking places should reasonably avoid non-smokers and don't throw cigarette butts.

Smoking in the business premises where smoking is prohibited, and being asked to leave the business premises without dissuasion, has no right to recover the consumed expenses from the operators; If the service has been accepted but the fee has not been paid, the fee should be paid.

Article 16 Operators and managers of places (regions) where smoking is prohibited shall perform the following duties of smoking control:

(a) the establishment of smoking control management system, equipped with supervisors, do a good job in smoking control publicity and education and supervision and management;

(two) set up signs that meet the requirements of Article 18 of these regulations at the entrance and other prominent positions of no-smoking places (regions), and keep the signs complete and clear;

(3) Smoking utensils and tobacco advertisements shall not be placed in places (regions) where smoking is prohibited;

(four) to discourage illegal smoking, and not to listen to the dissuasion and ask them to leave. If you don't listen to dissuasion and don't leave, report to the relevant supervision and management departments; Those who do not listen to dissuasion and disturb public order shall report to the public security organ.

Encourage operators and managers of places to adopt technical means such as smoke alarm, concentration monitoring and video image acquisition to strengthen the management of the places.

Seventeenth individuals in no smoking places (regions) found smoking and other acts in violation of these regulations, you can take the following measures:

(a) Require smokers to quit smoking immediately;

(two) to require the operators or managers of the business premises to dissuade them;

(three) to report to the supervision and management department the operators or managers who do not perform the duties of smoking control.

Eighteenth no smoking signs should be large and clear, including at least graphic warning signs of no smoking, fines for illegal smoking, telephone numbers for complaints and reports, etc.

The administrative department of health and family planning of the State Council is responsible for formulating the no-smoking signs and posting specifications.

Chapter III Publicity, Education and Quitting Smoking Services

Article 19 People's governments at all levels and relevant departments shall regularly organize relevant units to carry out tobacco control publicity and education, organize the distribution of tobacco control publicity materials, and carry out various forms of tobacco control publicity activities, so as to clearly inform the public of the health hazards of smoking and exposure to tobacco smoke, the scope of no smoking, and the penalties for illegal smoking, and inform the operators and managers of no smoking places (regions) of their smoking control responsibilities.

Article 20 Producers of tobacco products shall print words and graphics on the packaging of tobacco products to warn about the specific hazards of tobacco use, and to warn and educate the public about the hazards of tobacco smoke. The graphic warning area shall not be less than half of the packaging area.

Twenty-first in all kinds of official business and large-scale public activities, the organizer shall not provide, use or give away tobacco products. Financial funds shall not be used or used in disguised form to purchase tobacco products.

Article 22 State organs, enterprises, institutions, social organizations and other social organizations shall, according to their respective characteristics, carry out various forms of tobacco control publicity and education activities, and incorporate tobacco control publicity and education into the initial training, on-the-job training, on-the-job training and other education and training activities of their own units to encourage smokers to quit smoking.

Twenty-third encourage the public to actively participate in tobacco control, form a social fashion of not smoking, disrespecting cigarettes and not sending cigarettes, and advocate smoke-free families.

National staff, teachers and medical personnel should take the lead in tobacco control. National staff do not smoke in official activities, teachers do not smoke in front of students, and medical staff do not smoke in front of patients.

The state and society should carry out thematic publicity and education activities on World No Tobacco Day on May 3 1 every year.

Twenty-fourth radio, film, television, newspapers, magazines, Internet and other media should actively carry out tobacco control publicity and education, and take the initiative to play the role of public opinion guidance and supervision.

Twenty-fifth all tobacco advertising, promotion and sponsorship are completely prohibited.

Twenty-sixth movies, TV shows and other programs shall not appear tobacco brand logo and related content, as well as disguised tobacco advertising; There is no smoking scene in the place where smoking is prohibited; Do not show that minors buy cigarettes, smoke, etc., and link tobacco with minors; Smoking scenes in which minors are not allowed.

Twenty-seventh health and family planning administrative departments of the people's governments at or above the county level shall formulate norms for smoking cessation clinics and guide the establishment of smoking cessation service consultation telephones.

Medical and health institutions should carry out tobacco control publicity and education activities, improve patients' understanding of smoking and exposure to tobacco smoke, and provide smokers with short-term smoking cessation services. Conditional medical and health institutions should set up smoking cessation clinics to provide professional smoking cessation diagnosis and treatment services for smokers.

Chapter IV Prevention and Control of Smoking by Minors

Article 28 It is forbidden to sell tobacco products by vending machines and other means that can directly select tobacco products.

Article 29 A seller of tobacco products shall not sell tobacco products to minors. If it is difficult to confirm whether they are minors, they shall be required to show their identity documents; Do not sell tobacco products to people who can't show their identity documents.

The seller of tobacco products shall set up a warning with specific hazards of tobacco use and a clear sign that tobacco products shall not be sold to minors in a prominent position in the sales place.

Thirtieth prohibit the sale of tobacco products to minors through the Internet, mobile communication and other information networks.

Internet, mobile communication and other information service providers that use their platforms to sell tobacco products to minors shall take measures to delete illegal information, keep relevant records and report to relevant departments.

Article 31 Schools should take effective measures to prevent and control students from smoking, educate students about the harm of tobacco, and promptly discourage and educate students who smoke to quit smoking.

Chapter V Supervision and Administration

Article 32 Local people's governments at or above the county level shall, in accordance with these Regulations and the relevant provisions of the State Council, determine the supervision and management responsibilities of administrative departments such as health and family planning, education, public security, civil affairs, human resources and social security, urban and rural housing construction, transportation, culture, industry and commerce, quality inspection, safety supervision, food and drug supervision, tourism, religion and cultural relics. Control smoking in public places.

The relevant administrative departments shall, within the scope of their respective duties, supervise and manage smoking control in public places within their respective administrative areas, incorporate tobacco control into their daily work, and formulate work norms and management measures.

For public places where there is no clear supervision and management department, the health and family planning administrative department is responsible for the supervision and management of smoking control in this place, and the subordinate comprehensive supervision and law enforcement agencies are responsible for the specific implementation.

The administrative department for industry and commerce is responsible for the supervision and management of tobacco advertising and illegal sales of tobacco products.

The State Administration of Press, Publication, Radio, Film and Television is responsible for the supervision and management of smoking scenes in movies, TV series and other programs.

Thirty-third local people's governments at or above the county level shall set up an open and unified telephone number to facilitate units or individuals to report and complain about acts that violate these regulations or fail to perform their duties according to law. After receiving reports and complaints, the relevant administrative departments shall promptly deal with them.

Article 34 The administrative departments of health and family planning of the people's governments at or above the county level or the professional institutions entrusted by them shall regularly monitor and evaluate the implementation of these Regulations within their respective administrative areas, and regularly announce the monitoring and evaluation results to the public.

Article 35 The State shall establish and improve the health impact investigation and risk assessment system for smoking and second-hand smoke. Encourage and organize research on the impact of smoke-free environment on public health, and take measures to prevent and control diseases related to smoking and exposure to tobacco smoke.

Article 36 The relevant administrative departments of the people's governments at or above the county level may employ volunteers as tobacco control supervisors to supervise and inspect the situation of controlling smoking and restricting the production and sale of tobacco products in public places. Operators, managers or sellers of tobacco products in public places shall cooperate.

Encourage the media, social organizations and individuals to participate in the supervision of controlling smoking and restricting the production and sales of tobacco products in public places.

Chapter VI Legal Liability

Thirty-seventh individuals who smoke in places (regions) where smoking is prohibited in violation of the provisions of these regulations shall be ordered by the administrative law enforcement personnel of the corresponding competent departments to make immediate corrections and may be fined from fifty yuan to five hundred yuan.

Thirty-eighth units or institutions in violation of the provisions of this Ordinance, not to implement a comprehensive ban on smoking or not to set up smoking spots in accordance with the provisions, the relevant competent departments shall order them to make corrections within a time limit, and may impose a fine of more than 1000 yuan 10000 yuan; Refuses to correct, punishable by a fine of ten thousand yuan and thirty thousand yuan.

Thirty-ninth outdoor smoking spots do not meet the requirements, the relevant competent departments shall order the operators and managers of the places to make corrections within a time limit, and may impose a fine of more than 1000 yuan 10000 yuan; Refuses to correct, punishable by a fine of ten thousand yuan and thirty thousand yuan.

Fortieth operators and managers of smoking-forbidden places (regions) who fail to perform their duties of smoking control according to regulations shall be ordered by the relevant competent departments to make corrections within a time limit and be fined between 5,000 yuan and 30,000 yuan; If the circumstances are serious, it shall be ordered to stop production or business until the license or business license is revoked.

Forty-first in violation of the provisions of the release and disguised release of tobacco advertising or promotional activities, the administrative department for Industry and commerce shall be punished according to law. Where sponsorship is provided, the administrative department for industry and commerce at or above the county level shall order it to make corrections, give a warning and impose a fine of more than one time and less than three times the amount of sponsorship; For the sponsor, it shall be ordered to make corrections, its sponsorship amount shall be confiscated, its title shall be revoked, and the influence shall be eliminated; The responsible person shall be given a warning or informed criticism by the organizer or the competent department of the organizer.

In violation of the provisions of this Ordinance, the media that broadcast smoking scenes or tobacco products in movies, TV dramas and other programs shall be ordered by the competent department of radio and television press and publication to make corrections within a time limit, give a warning and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 42 Where a producer or seller of tobacco products produces or sells tobacco products in violation of the provisions of these Regulations, the quality and technical supervision department at or above the county level and the administrative department for industry and commerce shall order it to make corrections and impose a fine of not less than one time but not more than five times the value of the goods; If the circumstances are serious, it shall be ordered to stop production or business until the license or business license is revoked.

Forty-third in violation of the provisions of this Ordinance, through the network sales of cigarettes, by the administrative department for Industry and Commerce in conjunction with the competent department of industry and information technology shall be fined fifty thousand yuan to two hundred thousand yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification until the network culture business license is revoked.

Internet, mobile communication and other information service providers, in violation of the provisions of these regulations, failed to take timely measures to delete illegal information, and were fined between 20,000 yuan and 50,000 yuan.

Forty-fourth in violation of the provisions of this Ordinance, disturbing public order, obstructing administrative law enforcement personnel from performing official duties, which constitutes a violation of public security management, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Forty-fifth state administrative organs and their staff perform their duties of smoking control according to law and accept the supervision of society, media and individuals. Those who fail to perform their duties of smoking control according to law or abuse power for personal gain shall be punished by the appointment and removal organ or the supervisory organ in accordance with the management authority; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 46 The meanings of the following terms in these Regulations are:

Tobacco products refer to products that are all or part of tobacco leaves as raw materials for smoking, sucking, chewing or nasal inhalation.

Smoking refers to the act of inhaling or exhaling smoke, and the act of owning or controlling lit tobacco products.

Tobacco smoke refers to the smoke emitted from the burning end of tobacco products and similar tobacco products and exhaled by smokers.

Indoor refers to any space with a roof and more than two side walls, including stairs, corridors, underground passages, corridors, etc.

Outdoor refers to the area outside the building that is actually controlled by the owner or user of the building.

Tobacco advertising, promotion and sponsorship refer to all forms of commercial publicity, promotion or activities, as well as all forms of donations to any event, activity or individual. Its purpose, effect or possible effect is to directly or indirectly promote tobacco products or promote tobacco use.

Forty-seventh smoking may affect public safety, in accordance with relevant laws and regulations.

Article 48 These Regulations shall come into force as of the date of promulgation.