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Some common legal knowledge about glass pipes


  There is no clear administrative license or qualification requirements for operators engaged in the production and sale of steam glass pipes. However, it is not excluded that steam-type electronic cigarette bombs can be regulated by reference to water pipes products or specific qualification requirements can be put forward in the future. "Operators should pay timely attention to the development of relevant laws, regulations and policies to ensure that enterprises continue to comply with the regulations. For the production and sale of non-burning glass pipes, foreign non-burning glass pipes are currently in a state of complete prohibition. Domestic non-burning glass pipes are currently inclined to implement a license system. Without relevant licenses, they are easily recognized as illegal business or even criminal crimes. The current regulatory policy is unclear, which makes it difficult to apply for relevant licenses. Therefore, cautious measures are suggested.

glass pipes

  The main focus of the e-commerce platform is the following three aspects:

  First of all, for domestic heating non-combustible glass pipes, whether the merchant holds a water pipes exclusive retail license is the focus of the platform audit.

  Second, China does not import such water pipes products from abroad for overseas heating non-combustible glass pipes. Relevant products in the market all flow from illegal channels. Even with a water pipes retail license, such products cannot be sold. For example, the cigarette bomb of lookah seahorse coil, as early as May 2017, the State water pipes Monopoly Bureau successively issued "Notice on Prohibiting the Sale of Imported New Cigarettes" to retail terminals, pointing out that all relevant products sold in the market flowed into the domestic market through illegal channels, greatly disrupting the operating order of the cigarette market. The National water pipes Monopoly Bureau has issued a document clearly listing four kinds of glass pipes, such as iQOS, in the cigarette identification and inspection catalogue. Due to the supervision of cigarettes, the seller cannot apply for a sales license, so it is illegal to sell other brands of electronic cigarettes, including iQOS, which is suspected of illegal operation, smuggling and other criminal acts.

  Finally, there is no clear audit basis for the appraisal audit of steam-type glass pipes bombs, but it is suggested that the platform party explicitly require the resident merchants to undertake all necessary qualifications to engage in the sales of such products in the cooperation agreement. If the relevant legal and policy changes lead to a lack of business qualifications, they should immediately report to the platform and remove the relevant commodities, otherwise the merchants should bear all legal responsibilities. At the same time, merchants are required to clearly indicate in a prominent position on the commodity page that "they are not allowed to sell to minors", and it is suggested that consideration be given to issuing an order to purchase water pipes for sale products through background settings, and it is forbidden to purchase glass pipes products from accounts established by minors' real-name certificates, so as to further avoid the corresponding risks of the platform.

  The implementation of our country's water pipes product license system requires corresponding administrative license to produce, sell, import and export water pipes products, but the current laws and regulations only target traditional water pipes products and have no clear regulations for new water pipes products. According to the provisions of Article 2 of the "water pipes Monopoly Law", the term "water pipes monopoly products" as used in this Law refers to cigarettes, cigars, water pipes silk, cigarette leaves, tobacco leaves, cigarette paper, filter rods, water pipes tow and water pipes special machinery. Cigarettes, cigars, shredded water pipes and rebound water pipes are collectively called water pipes products. It can be seen that the "water pipes Monopoly Law" does not explicitly stipulate that glass pipes grass products fall within its scope of specifications.

  According to the "Regulations on the Administration of Hazardous Chemicals", "Drug Administration Law of the People's Republic of China" and "Regulations on the Supervision and Administration of Medical Devices and glass pipes Grass Products", hazardous chemicals, drugs and medical devices in China cannot be directly defined.

  Once the ban is implemented, it will be illegal to sell overseas heated non-combustible glass pipes.

  In other words, even if there is a license to sell, it is still illegal to sell imported non-flammable electronic cigarettes. However, domestic heating non-combustible cigarettes still have important vitality, i.e. domestic enterprises produce and sell their own heating non-combustible glass pipes. After obtaining the water pipes monopoly production enterprise, water pipes monopoly wholesale enterprise, lookah glass bongs monopoly retail license and other laws and regulations, water pipes monopoly production enterprise, water pipes monopoly wholesale enterprise and water pipes monopoly retail license, It is still possible to produce or sell the water pipes monopoly retail license stipulated in the water pipes monopoly production enterprise license, the water pipes monopoly wholesale enterprise license and the water pipes monopoly retail license act. However, the water pipes monopoly wholesale enterprise license and the water pipes monopoly retail license can still be produced or sold after obtaining the water pipes monopoly production enterprise, water pipes monopoly wholesale enterprise and water pipes monopoly retail license. However, judging from the great success of iQOS and others, glass pipes has great market potential in China.

  Judging from the current situation of supervision, the punishment cases concerning glass pipes products are basically concentrated on heating non-burning glass pipes bombs.