The restrictions on the use of e-cigarettes around schools are mainly based on the provisions of laws and regulations regarding the protection of minors and the layout of sales outlets. The specific restrictions are as follows:
First, it is prohibited to set up electronic cigarette sales outlets around schools
Distance limitation
Within a certain range around ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens, no sales outlets for electronic cigarette products shall be set up. The specific distance varies by region. For instance, in some areas, it is stipulated that no electronic cigarette sales outlets can be set up within 100 meters (inclusive) around kindergartens or 200 meters (inclusive) around schools.
Legal basis: According to Article 59 of the Law of the People’s Republic of China on the Protection of Minors, no sales outlets for tobacco, alcohol or lottery tickets shall be set up around schools and kindergartens.
Management of Sales Outlets
The license will not be renewed upon expiration: For cigarette (including e-cigarette) sales outlets located within the distance range of schools and kindergartens, the license will not be renewed upon expiration.
Voluntary change of business location: During the validity period of the license, if the operator voluntarily applies to change to another location within the jurisdiction of the original licensing authority for business operations, they are not subject to the distance restrictions of other areas.
Second, it is prohibited to sell electronic cigarette products to minors around schools
Sales restrictions
Prohibition of selling to minors: E-cigarette operators shall set up a sign in a prominent position stating that they do not sell e-cigarettes to minors. For those who are difficult to determine whether they are minors, they should be required to show their identification documents.
Prohibition of selling electronic cigarette products through vending machines: The sale of electronic cigarette products through vending machines is prohibited. No individual, legal person or other organization may sell electronic cigarette products and nicotine for electronic cigarettes through information networks other than those stipulated.
Penalty for violation
The responsibilities of the relevant operators: If the relevant operators violate the regulations, the departments of culture and tourism, market supervision and administration, tobacco monopoly, public security, etc. shall, in accordance with their respective duties, order them to make corrections within a prescribed time limit, give them a warning, confiscate the illegal gains, and may impose a fine of up to 50,000 yuan. If the party refuses to make corrections or the circumstances are serious, it shall be ordered to suspend business for rectification or have its business license or relevant licenses revoked, and may also be fined not less than 50,000 yuan but not more than 500,000 yuan.
Third, potential restrictions on the use of e-cigarettes around schools
Health and safety risks
Health hazards to minors: The use of e-cigarettes by minors can cause damage to the respiratory tract, nasal cavity and oral mucosa, leading to symptoms such as coughing and allergic reactions in the nose and throat. At the same time, nicotine in e-liquid can cause harm to the cardiovascular system, affect brain development, lead to a decline in attention and memory, increase impulsiveness and anxiety, and raise the risk of later mental illness and cognitive impairment.
Second-hand smoke hazards: The aerosols released by e-cigarettes contain harmful substances such as nicotine, heavy metals, and volatile organic compounds, which may cause second-hand and third-hand smoke hazards to minors around schools.
Social public opinion and moral constraints
Social concern: As the main venues for minors’ activities, the use of e-cigarettes around schools may draw public attention and criticism, causing adverse effects on schools and their surrounding environment.
Moral constraints: To protect the healthy growth of minors, all sectors of society generally call for a ban on the use of e-cigarettes around schools.