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RULE §101.2Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

  (1) Annual report--A tobacco manufacturer's annual report to the department, which provides the ingredient information.

  (2) Cigar--A roll, for smoking, of fermented tobacco that is wrapped in tobacco and from which the main stream of smoke produces an alkaline reaction to litmus paper.

  (3) Cigarette--A roll for smoking, made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a material other than tobacco and that is not a cigar.

  (4) Department--The Texas Department of State Health Services.

  (5) Ingredient--Any ingredient, substance, chemical, or compound other than tobacco, water, or reconstituted tobacco sheet made wholly from tobacco, which is present in the product, including flavorants, processing aides, casing sauces, contaminants, combustion modifiers, and packing materials, to the full extent the manufacturer is aware of the presence of any such ingredient.

  (6) Manufacturer--A person who manufactures, fabricates, or assembles, or causes or arranges for the manufacture, fabrication, or assembly of cigarettes or tobacco products for sale or distribution.

  (7) Risks to public health--The possibility or actuality of adverse health effects associated with tobacco use, including nicotine addiction and adverse health effects associated with exposure to environmental tobacco smoke.

  (8) Tobacco product--

    (A) A cigar;

    (B) smoking tobacco, including granulated, plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking in a pipe or as a cigarette;

    (C) chewing tobacco, including Cavendish, twist, plug, scrap, and any kind of tobacco suitable for chewing;

    (D) snuff or other preparations of pulverized tobacco; or

    (E) an article or product that is made of tobacco or a tobacco substitute and that is not a cigarette or an e-cigarette as defined by Texas Health and Safety Code §161.081.

Source Note: The provisions of this §101.2 adopted to be effective June 4, 1998, 23 TexReg 5687; amended to be effective April 2, 2023, 48 TexReg 1723

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