Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0035.01 EBD HOUSE BILL 97­1091

STATE OF COLORADO

BY REPRESENTATIVES Kreutz, Hagedorn, Kaufman, Keller, Lawrence, Leyba, Schwarz, Tupa, and S. Williams;

also SENATORS Hopper and Chlouber.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING REPORTING OF TOBACCO PRODUCTS INFORMATION BY TOBACCO PRODUCTS MANUFACTURERS TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires manufacturers of cigarettes, chewing tobacco, and snuff to submit an annual report to the department of public health and environment listing additives and nicotine yield ratings of those products. Requires the department to release the reports to the public.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 5 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

PART 11

TOBACCO PRODUCTS REPORT

25­5­1101.  Definitions. AS USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.

(2)  "FOOD AND DRUG ADMINISTRATION" MEANS THE FOOD AND DRUG ADMINISTRATION OF THE PUBLIC HEALTH SERVICE OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.

(3)  "TOBACCO PRODUCTS" MEANS CHEWING TOBACCO, CIGARETTES, AND SNUFF.

25­5­1102.  Tobacco products disclosure report. (1)  ANY MANUFACTURER OF TOBACCO PRODUCTS SOLD IN THIS STATE SHALL PROVIDE THE DEPARTMENT WITH AN ANNUAL REPORT, IN SUCH FORM AND ON SUCH DATE AS PRESCRIBED BY RULE OF THE DEPARTMENT, THAT LISTS THE FOLLOWING INFORMATION FOR EACH BRAND OF SUCH PRODUCT SOLD IN THIS STATE:

(a)  THE IDENTITY OF ANY ADDED CONSTITUENT OTHER THAN TOBACCO, WATER, OR RECONSTITUTED TOBACCO SHEET MADE WHOLLY FROM TOBACCO, TO BE LISTED IN DESCENDING ORDER ACCORDING TO WEIGHT, MEASURE, OR NUMERICAL COUNT; AND

(b)  THE NICOTINE YIELD RATINGS, WHICH SHALL ACCURATELY PREDICT NICOTINE INTAKE FOR AVERAGE CONSUMERS, BASED ON STANDARDS TO BE ESTABLISHED BY RULE OF THE DEPARTMENT.

(2)  THE DEPARTMENT SHALL NOT REQUIRE A MANUFACTURER OR ANY OTHER PERSON TO IDENTIFY OR DISCLOSE THE SPECIFIC AMOUNT OF ANY INGREDIENT THAT HAS BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION AS SAFE WHEN BURNED AND INHALED OR THAT HAS BEEN DESIGNATED BY THE FOOD AND DRUG ADMINISTRATION AS GENERALLY RECOGNIZED AS SAFE WHEN BURNED AND INHALED ACCORDING TO THE GENERALLY RECOGNIZED AS SAFE LIST COMPILED BY THE FOOD AND DRUG ADMINISTRATION.

25­5­1103.   Release of reports. THE ANNUAL REPORT MADE PURSUANT TO SECTION 25­5­1102 SHALL BE A PUBLIC RECORD PURSUANT TO SECTION 24­72­203, C.R.S.

SECTION 2.  Effective date. This act shall take effect July 1, 1997.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.