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Budget Recommendations
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Outside Section 69
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 Regulating Toxins and Candy-Like Flavors in Tobacco Products
SECTION 69.
Chapter 94 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 307B and inserting in place thereof the following section:-
Section 307B. For the purpose of protecting the public health, a manufacturer of tobacco products 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 in the commonwealth the following information:
(a) the identity and location of any added constituent, including any candy-like or fruit-like flavoring, to be listed in descending order by weight or other measure;
(b) 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 in any form of tobacco product and may develop standards for such products to reduce risks associated with exposure to added constituents, toxic constituents, and nicotine. The use of any added constituent that imparts a candy-like or fruit-like flavor or aroma to a tobacco product or its smoke, including, but not limited to, flavorings such as cherry, vanilla, chocolate, raspberry, and almond, but not including menthol, is hereby prohibited. The sale of a tobacco product containing such an added constituent is prohibited. For purposes of this section, tobacco products shall include cigarettes, cigars, so-called blunt wraps, or any comparable cigar wrapping papers containing tobacco, and smokeless tobacco products.
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, including specification of those tobacco products with an added constituent imparting a candy-like or fruit-like flavor or aroma for purposes of this statute.
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