ASSEMBLY, No. 2373

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 26, 1996

By Assemblyman O'TOOLE

An Act requiring disclosure of certain information relating to tobacco products and supplementing Title 24 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. A manufacturer of cigarettes, snuff or chewing tobacco sold in this State shall provide the Department of Health and Senior Services with an annual report, in a form and manner specified by the Commissioner of Health and Senior Services, which lists for each brand of tobacco product sold, the following information:

    (1) 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

    (2) The nicotine yield ratings, which shall accurately predict nicotine intake for average consumers, based on standards established by the department.

    b. The nicotine yield ratings provided pursuant to paragraph (2) of subsection a. of this section and any other information in the annual report with respect to which the department determines that there is a reasonable scientific basis for concluding that the availability of the information could reduce risks to public health, shall be considered a public record, except that, before the department provides any public disclosure of the information, the department shall request the advice of the Attorney General whether the disclosure would constitute an unconstitutional taking of property, and shall not disclose the information until the Attorney General advises that the disclosure would not constitute an unconstitutional taking.

    c. The provisions of this section shall not require a manufacturer, in its report to the department, or otherwise, to identify or disclose the specific amount of any ingredient that has been approved by the Food and Drug Administration in the United States Department of Health and Human Services 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 of the Food and Drug Administration.

    2. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to carry out the purposes of this act.

    3. This act shall take effect January 1, 1997.

STATEMENT

    This bill requires a manufacturer of cigarettes, snuff or chewing tobacco sold in this State to provide the Department of Health and Senior Services with an annual report, in a form and manner specified by the Commissioner of Health and Senior Services, which lists for each brand of tobacco product sold, the following information:

    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 established by the department.

    The nicotine yield ratings provided to the department and any other information in the annual report with respect to which the department determines that there is a reasonable scientific basis for concluding that the availability of the information could reduce risks to public health, shall be considered a public record, except that, before the department provides any public disclosure of the information, the department shall request the advice of the Attorney General whether the disclosure would constitute an unconstitutional taking of property, and shall not disclose the information until the Attorney General advises that the disclosure would not constitute an unconstitutional taking.

    The bill also provides that it shall not require a manufacturer, in its report to the department or otherwise, to identify or disclose the specific amount of any ingredient that has been approved by the Food and Drug Administration (FDA) as safe when burned and inhaled, or that has been designated by the FDA as generally recognized as safe when burned and inhaled, according to the Generally Recognized As Safe list of the FDA.

    The provisions of this bill are based on a recently enacted statute in Massachusetts.

Requires tobacco products manufacturers to disclose certain information to Department of Health and Senior Services about the contents of the products.