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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 and nicotine yield ratings.

  (2) Chewing or snuff tobacco nicotine yield rating--A composite of information intended to show the range of nicotine that each chewing or snuff tobacco product can be expected to provide the average consumer, based on the amount of nicotine in the brand, the pH of the tobacco, and the amount of unionized (free) nicotine in the product.

  (3) Cigar--A tobacco product with the definition assigned by the Bureau of Alcohol Tobacco and Firearms in the Code of Federal Regulations, Title 27, §270.11.

  (4) 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.

  (5) Cigarette nicotine yield rating--A composite of information to show the range of nicotine that each cigarette brand can be expected to deliver to the average consumer based on the expected range of nicotine delivery under average smoking conditions based on machine testing parameters that reflect actual smoking behavior as accurately as possible, and the potential for increased nicotine delivery or increase rate of nicotine delivery based on cigarette design features such as filter ventilation and pH.

  (6) Department--The Texas Department of Health.

  (7) 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 but not limited to, 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.

  (8) Manufacturer--A person who manufactures or produces tobacco products and sells tobacco products to a distributor.

  (9) Risks to public health--The possibility or actuality of adverse health effects associated with tobacco use, including but not limited to nicotine addiction and adverse health effects associated with exposure to environmental tobacco smoke.

  (10) Tobacco product--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; chewing tobacco, including cavendish, twist, plug, scrap, and any kind of tobacco suitable for chewing; snuff or other preparations of pulverized tobacco; or an article or product that is made of tobacco or a tobacco substitute and that is not a cigarette.

Source Note: The provisions of this §101.2 adopted to be effective June 4, 1998, 23 TexReg 5687.

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