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Update of national regulations on electronic cigarette products

Date:2022-11-17 09:30:20 Classification :【Statute】 Visits:

The export of electronic cigarette products to various countries needs to comply with relevant regulations and standards, and the domestic mandatory standard of electronic cigarette GB 41700-2022 has been enforced. After the implementation of the standards, the electronic cigarette products sold on the market must meet the national standards. The products and services that do not meet the mandatory standards shall not be produced, sold, imported or provided. National regulations on electronic cigarette products are updated as follows:


China


On October 1, 2022, the Compulsory National Standard for Electronic Cigarettes (GB 41700-2022) will come into full force. All participants in the electronic cigarette market must operate with certificates. Electronic cigarette stores cannot continue to sell flavored electronic cigarettes such as fruits.


On October 25, 2022, the Ministry of Finance, the General Administration of Customs and the State Administration of Taxation issued an announcement on the collection of consumption tax on electronic cigarettes. Include electronic cigarettes in the scope of consumption tax collection. The announcement clearly stated that units and individuals that produce (import) and wholesale electronic cigarettes within the territory of the People's Republic of China are taxpayers of consumption tax. Electronic cigarettes are taxed according to the fixed price. The tax rate of the production (import) link is 36%, and the tax rate of the wholesale link is 11%, which will be implemented from November 1.


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Lithuania


From May 1, 2022, Lithuanian nicotine free electronic cigarettes and cigarette bombs are also subject to tobacco regulations. With the change of the definition of electronic cigarettes, manufacturers and importers of nicotine free electronic cigarettes and cigarette bombs are also obliged to submit a notice on electronic cigarettes and cigarette bombs supplied to the Lithuanian market, which shall be notified six months before the products are first put on the market. For nicotine free products launched on the market from May 1, 2022, the notice must be submitted before November 1, 2022.


The revised tobacco directive XIV-909, which came into effect on July 1, 2022, prohibits the sale of electronic cigarettes of other tastes than tobacco, and the ban applies to nicotine containing and nicotine free tobacco oils.


Italy


Due to litigation, Italy suspended the implementation of the Decree "DECRETO 7 marzo 2022" published on March 7, 2022, which stipulates the notification fees and payment methods for electronic cigarette products, and suspended them until November 18, 2022.


Finland


On April 13, 2022, the Tobacco Law Amendment Act 283/2022 was issued. The Act made requirements for nicotine free electronic cigarette products: when the product is intended to be sold in the Finnish market, a notice should be submitted to Valvira six months in advance, with an annual supervision fee of 0.01 euro/ml, which took effect on May 1, 2022. In 2023, the annual report information should be submitted to Valvira for the first time.


The unit package of electronic cigarettes and bottled tobacco oil containers must have the product name, the name and contact information of the manufacturer or importer, as well as the package size, taste, production date, barcode and other information of the product. It will take effect on May 1, 2022.


The color of nicotine tobacco oil shall not be different from that of other nicotine containing tobacco oils, and the color of liquid shall not be used to promote the product, which will take effect on May 1, 2023.


Ukraine


On December 16, 2021, the Rada passed the bill "On amendments to some laws of Ukraine on the protection of public health from the harmful effects of tobacco", namely No Act 1978-IX. The Act stipulates that the central executive organ shall be notified 6 months in advance of the electronic cigarette products' entry into the Ukrainian market. It also stipulates that only tobacco flavor is allowed for electronic cigarettes, cigarette bombs and tobacco oil, which will come into force on July 11, 2023. The electronic cigarette products launched before the law comes into force can be circulated all the time during the warranty period, but not more than 12 months from the date of implementation of the law.


On November 3, 2022, the Ukrainian people's representative Yevhen Petrunyak (the people's public servant) launched the draft law No 8174, "On the revision of Ukraine's tax laws and certain Ukrainian legislative acts to strengthen measures to control the circulation of taxable goods". Draft No. 8174 stipulates that the implementation of the technical requirements for electronic cigarettes, cigarette bombs and cigarette oils circulating in Ukraine (Act No. 1978-IX) shall be postponed for 12 months.


Korea


The warning words and pictures are changed every two years in South Korea. This year, the fourth issue of warning words and pictures for cigarette packs has been published. From December 23, 2022, the packaging of cigarette packs should be replaced with new warning words and pictures, which are applicable for 24 months. The following figure shows three different shapes of electronic cigarette packaging.


In addition, Korean e-cigarettes need to pay various taxes, and some taxes have been raised:


The national health tax is doubled from 525 won (US $0.45) to 1050 won (US $0.9) per milliliter of nicotine liquid. Only nicotine extracted from tobacco needs to pay the national health tax.

The personal consumption tax was raised from 370 won to 740 won per milliliter.

The tobacco consumption tax was raised from 628 won per milliliter to 1256 won.


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