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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 101TOBACCO
RULE §101.6Tobacco Products--Excluding Cigars, Nicotine Reporting Requirements

(a) Manufacturers of tobacco products excluding cigars shall include in their annual report a rating for nicotine yield for each brand, sub-brand, or generic unbranded chewing and/or snuff tobacco product sold in the state of Texas, which shall include:

  (1) pH of tobacco;

  (2) moisture content as percent of weight of tobacco;

  (3) nicotine in milligrams per gram of tobacco;

  (4) nicotine as a percent of dry weight of tobacco;

  (5) percent of unionized (free) nicotine; and

  (6) total unionized (free) nicotine in milligrams per gram of tobacco.

(b) Manufacturers of chewing and/or snuff tobacco products shall classify each brand, sub-brand and generic unbranded chewing and/or snuff tobacco product for nicotine delivery, according to the following standard:

  (1) "High Nicotine." Smokeless tobacco yielding more than 2.0 milligrams of total free nicotine per gram;

  (2) "Moderate Nicotine." Smokeless tobacco yielding greater than 0.5 and less than or equal to 2.0 milligrams of total free nicotine per gram;

  (3) "Low Nicotine." Smokeless tobacco yielding greater than or equal to .01 and less than or equal to 0.5 milligrams of total free nicotine per gram; or

  (4) "Nicotine Free." Smokeless tobacco yielding less than 0.01 milligrams of total free nicotine per gram.

(c) The chewing and/or snuff tobacco nicotine yield shall be reported to the department as specified in the "Cigarette Nicotine Yield Rating Form" in §101.5(c) of this title (relating to Cigarette Nicotine Yield Rating Reporting Requirements).


Source Note: The provisions of this §101.6 adopted to be effective June 4, 1998, 23 TexReg 5687.

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