(a) Cigarette manufacturers shall include, as part of the nicotine
yield rating for each brand, sub-brand and generic unbranded cigarette sold
in the State of Texas, the information specified in this section. For purposes
of this section, the term "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; provided
that if the brand styles within a private label or generic cigarette brand
family are identical in their formulation and design to the brand styles within
one or more other private label or generic cigarette brand families, those
brand families shall be treated as a single brand family. If two or more brand
styles within a brand family have identical formulations and product designs,
the manufacturer may test only one of those brand styles in lieu of testing
all of those brand styles. The manufacturer shall indicate in its report to
the department the brand styles covered by the results of the brand style
tested.
  (1) Nicotine delivery under average smoking conditions, reported
in milligrams of nicotine per cigarette. Nicotine delivery under average smoking
conditions shall be evaluated using the Cambridge Method, which has been approved
by the Federal Trade Commission as the standard for nicotine testing since
1966 and adopted for international purposes by the International Organization
for Standardization (ISO). See Federal Register of August 1, 1967, Volume
32, number 147, page 11178, as modified in Federal Register of July 10, 1980,
Volume 45, number 134, pages 46483-46487; and ISO 10315, 91-08-01 entitled
Cigarettes-Determination of Nicotine in Smoke Condensates-Gas-Chromatographic
Method, ISO 3308, third edition, 1991-10-15, Routine Analytical cigarette-Smoking
Machine-Definition of Standard Conditions and ISO 7210, second edition, 1997-01-15,
Routine Analytical Smoking Machine Additional Test Methods. Two cigarettes
shall be randomly selected from each pack for a sample of 60 cigarettes. The
following changes shall be made to the method described in the publications
cited:
    (A) puff volume adjusted to 45 milliliters;
    (B) puff interval adjusted to 30 seconds;
    (C) puff duration shall remain 2 seconds; and
    (D) 50% of the ventilation holes must be blocked by placing
a strip of mylar adhesive tape, Scotch brand product no. 600 transparent tape
(acetate) or other method approved by the department. The tape shall be cut
so that it covers 50% of the circumference and is tightly secured from the
end of the filter to the tipping overwrap seam.
  (2) For each brand, sub-brand and generic unbranded
cigarette which belongs to a brand family that has a national market share
of less than 3.0%, as reported in the most recent Maxwell Report (published
on or before December 31 of the year preceding the reporting deadline), "Cigarette
Brand Sales and Market Share," published by Davenport and Company, Richmond,
Virginia, or a comparable report designated by the department, a manufacturer
may, instead of using the protocol in subsection (a)(1) of this section, determine
nicotine delivery by application of a numeric factor approved by the department,
to the most recent nicotine level reported for a brand style 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 subsection (a)(1) of this section. The numeric factor
shall be derived from the results of the tests conducted in the preceding
year pursuant to subsection (a)(1) of this section and shall approximate ratings
for nicotine under average delivery that would be derived from testing.

(b) Manufacturers shall classify each brand, sub-brand, or
generic unbranded cigarette for nicotine yield according to the following
standards:
  (1) "High Nicotine." Cigarettes yielding more than 1.2 milligrams
per cigarette (mg/cigarette);
  (2) "Moderate Nicotine." Cigarettes yielding greater than
.2 and less than or equal to 1.2 mg/cigarette;
  (3) "Low Nicotine." Cigarettes yielding greater than or
equal to .01 and less than or equal to .2 mg/cigarette; or
  (4) "Nicotine Free." Cigarettes yielding less than .01
mg/cigarette.
(c) The cigarette nicotine index shall be reported to the department
as specified in the following "Cigarette Nicotine Yield Rating Form".
Attached Graphic
(d) For each brand style of cigarette belonging to a brand
family with a national market share of 3.0% or greater, as reported in the
most recent Maxwell Report (published on or before December 31 of the year
preceding the reporting deadline), 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 also include the following:

  (1) total nicotine content of the cigarette, reported in milligrams
of nicotine. The protocol for measuring nicotine content in cigarettes is
described in "Protocol for Analysis of Nicotine, Total Moisture, and pH in
Smokeless Tobacco Products," as announced in the Federal Register of May 2,
1997, Volume 62, number 85, pages 24115-24116, or the latest version of this
protocol published by the federal government , or a colorimetric method approved
by the department. A sufficient number of cigarettes shall be drawn from the
composite sample described in subsection (f) of this section to provide a
minimum sample size of 100 grams of tobacco;
  (2) percent filter tip ventilation; that is, the amount
of air dilution in the whole smoke provided by the perforations in the cigarette
filter, described in percent. This shall be measured using the Filter Dilution
(Ventilation) Testing Instrument (FDT) from Fidus Instrument Corporation,
product no. FDT 232; or FIAL Tip and Envelope Ventilation/Pressure Drop QTM5U
machine; or equivalent approved by the department, and shall be used in accordance
with manufacturer's instructions. Two cigarettes shall be randomly selected
from each sampled pack, conditioned, and tested for percent filter ventilation.
The average percent filter ventilation shall be computed for a 60 cigarette
sample; and
  (3) for three sub-brands selected by the department from
each brand family that has a national market share of 3.0% or greater, pH
of cigarette smoke as determined on a puff by puff basis, under the method
described in Harris, J.L., Hayes, L.E., "A method for measuring the pH of
whole smoke", Tobacco Science, 1977: 60: 81-83, or the method described in
Sensabaugh, A.J., Jr. and Cundiff, R.H., "A New Technique for Determining
the pH of Whole Tobacco Smoke," Tobacco Science, 11:25-30 (1967) and Brunneman,
K.D. and Hofmann, D., "The pH of Tobacco Smoke," Food, Cosmet. Toxical., 112:115
(1974), or equal method approved by the department.
(e) For each brand style of cigarette belonging to a brand
family with a national market share of less than 3.0%, the annual report shall
include the following information only for those individual sub-brands selected
by the department. For a manufacturer with greater than 35% of national market
share, the department will select up to 15 sub-brands for testing. For a manufacturer
with a national market share of 20% to 35%, the department will select up
to 9 sub- brands for testing. For a manufacturer with a national market share
of less than 20%, the department will select up to 6 sub-brands for testing.
This testing will be for nicotine delivery, total nicotine content, and percent
filter tip ventilation, as described in subsections (a) and (d) of this section.

(f) Sampling and conditioning of Cigarettes. Conditioning for
testing of cigarettes shall be done in accordance with the ISO, 3402, third
edition, 1991-07-01 entitled Tobacco and Tobacco Products-Atmosphere for Conditioning
and Testing. Cigarettes shall be sampled using international standard ISO
8243:98 (E) entitled Cigarette-Sampling, with samples collected at point of
sale and at a single point in time. At a minimum, for each brand sampled,
two packages each of cigarettes should be purchased from five retailers located
in five separate counties in Texas, for a total of 50 packages purchased.
If some varieties are not available in certain locations, additional packages
will be purchased where they are available. In the alternative, other samples
may be use for testing, provided the submitter certifies that the product
sampled is identical to the product uniformly distributed in the State of
Texas. In measuring nicotine content, the cigarette manufacturer shall use
the following sampling method: two cigarettes shall be randomly selected from
each pack and conditioned, the tobacco rod split open, and the cigarette tobacco
mixed thoroughly before weighing. The minimum sample size shall be 100 grams
of tobacco. If the weight of the tobacco is less than 100 grams, additional
cigarettes shall be randomly selected from each pack.


Source Note: The provisions of this §101.5 adopted to be effective February 3, 2000, 25 TexReg 578