(A) In each annual report, a manufacturer
shall include, as part of the nicotine yield rating for each brand, sub-brand
and generic unbranded cigarette, the information specified in 105 CMR 660.102.
For purposes of 105 CMR 660.102, Brand Family shall mean a number of different,
though highly similar cigarette products marketed under one general name;
e.g., regular, longer-length and menthol cigarettes of the
same brand.
(1) For each brand, sub-brand and
generic unbranded cigarette which belongs to a brand family that has a national
market share of less than 3%, as reported in the most recent Maxwell Report,
Cigarette Brand Sales and Market Share, published by Davenport and Company,
Richmond, Virginia, or a comparable report designated by the Department, the
annual report shall include the information specified in 105 CMR 660.102(B)(1)
and (B)(6). Said report also shall include the information in 105 CMR
660.102(B)(2) through (B)(4) for a limited number of individual sub-brands
selected by the Department. The number of sub-brands to be selected by the
Department shall be based on the manufacturer's national market share, as
reported in the most Maxwell Report. For a manufacturer with greater than 35%
of national market share, up to 15 sub-brands shall be selected and tested; for
a manufacturer with a national market share of 20% to 35% of national market
share, up to nine sub-brands will be selected and tested; and for a
manufacturer with a national market share of less than 20%, up to six
sub-brands will be selected and tested;
(2) For each brand, sub-brand and generic
unbranded cigarette which belongs to a brand family that has a national market
share of 3% or more, as reported in the most recent Maxwell Report, Cigarette
Brand Sales and Market Share, USA, published by Davenport and Company,
Richmond, Virginia, or comparable report designated by the Department, the
annual report shall include the information specified in 105 CMR 660.102(B)(1)
through (5).
(B) As
specified in 105 CMR 660.102(A), cigarette manufacturers shall include in their
annual report a rating for nicotine yield for each brand, sub-brand and generic
unbranded cigarette sold in the Commonwealth, which shall include:
(1) the most recent nicotine level reported
for the brand, sub-brand, or generic unbranded cigarette to the Federal Trade
Commission, as published in the Federal Trade Commission Report entitled
Tar, Nicotine, and Carbon Monoxide of the Smoke of Varieties of
Domestic Cigarettes. If no report has been made to the Federal Trade
Commission, the manufacturer shall report the nicotine level determined in
accordance with the testing methods specified in
105 CMR 660.500(A) and
(D)(1);
(2) the total nicotine content of the
cigarette, reported in milligrams of nicotine and nicotine content per gram of
tobacco, as determined under the testing method set forth in
105 CMR
660.500(B);
(3) percent filter ventilation; that is, the
level of air dilution in the whole smoke, as provided by the ventilation holes
in the cigarette filter, described in percent, as determined under the method
described in
105 CMR
660.500(C);
(4) nicotine delivery under average smoking
conditions, reported in milligrams of nicotine per cigarette. Manufacturers
shall use the Federal Trade Commission testing method, as described and
modified in
105 CMR
660.500(D), with the puff
volume adjusted to 45 milliliters, puff interval adjusted to 30 seconds, and
puff duration to two seconds. The average number of puffs per cigarette taken
in this condition shall be reported. Cigarettes with ventilation holes must
have the holes half blocked during testing
(see
105 CMR 660.500(D)
for hole blocking method). Manufacturers
shall classify each brand, sub-brand or generic unbranded cigarette for
nicotine yield according to the following standards:
|
Cigarette Nicotine Delivery
|
Average
Smoking Conditions
Nicotine (mg/cigarettes)
|
|
High Nicotine
|
>1.2mg
|
|
Moderate Nicotine
|
>0.2-1.2
|
|
Low Nicotine
|
.01-0.2
|
|
Nicotine Free
|
<0.01
|
Testing and measurement for nicotine yield ratings shall comply
with the sampling and conditioning standards set forth in
105 CMR
660.500(A). The cigarette
nicotine yield ratings shall be reported to the Department on the form attached
to
105 CMR
660.600;
(5) for brand families subject to the
requirements of 105 CMR 660.102(A)(2), the pH of cigarette smoke, as determined
under the method specified in
105 CMR
660.500(E), for three
sub-brands selected by the Department from each brand family that has a
national market share of 3% or more, as reported in the most recent Maxwell
Report;
(6) for brand families
subject to the requirements of 105 CMR 660.102(A)(1), the nicotine level
reported in 105 CMR 660.102(B)(1) multiplied by a numerical factor approved by
the Department which is intended to approximate the ratings for nicotine
delivery under average smoking conditions which would have been derived by the
tests conducted in the preceding year pursuant to 105 CMR 660.102(B)(4). The
cigarette nicotine yield ratings shall be reported to the Department on the
form attached to
105 CMR
660.600.
