SENATE DOCKET, NO. 815        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 839

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act providing for disclosure of certain information relating to tobacco products sold in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 307B of Chapter 94 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the first 2 paragraphs and inserting in place thereof the following 2 paragraphs:-

For the purpose of protecting the public health, a manufacturer of cigarettes, snuff or chewing tobacco sold in the commonwealth shall provide the department of public health with an annual report, in a form and at a time specified by the department, which lists for each brand of the product sold the following information:

(a) the identity and location of any added constituent to be listed, in descending order by weight or other measure;

(b) the nicotine yield ratings, which shall accurately predict human nicotine intake based on standards to be established by the department of public health;

(c) the identity and quantity of any known toxic constituents that are present in the whole tobacco by brand and a toxicity yield rating by brand, as specified by the department; and

(d) for cigarettes, the identity and quantity of any known toxic constituents in the mainstream and sidestream smoke by brand and a toxicity yield rating by brand, as specified by the department.

The department of public health shall investigate health risks associated with exposure to added constituents, toxic constituents and nicotine and may develop standards for manufacturers to reduce risks associated with exposure to added constituents, toxic constituents and nicotine. The information provided to the department in an annual report pursuant to clauses (b), (c) and (d) of the preceding paragraph shall be a public record.  That portion of an annual report identifying added constituents pursuant to clause (a) shall be protected as a trade secret to the extent provided under federal law.  The department may promulgate regulations to implement this section.