H. B. 4410
(By Delegates Mahan, Foster, Leach,
Smirl, Michael, Staton and Varner)
[Introduced February 11, 2004; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9A-6, relating to
annual reports of tobacco manufacturers and requiring tobacco
manufacturers to provide the secretary of the department of
health and human resources with information regarding
additives and nicotine yield ratings.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-9A-6, to read as
follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-6. Manufacture of tobacco products; annual reports;
disclosure and exclusions.
For the purpose of protecting the public health, any
manufacturer of cigarettes, snuff or chewing tobacco sold in this state shall provide the secretary of the department of health and
human services with an annual report, in a form and at a time
specified by the secretary, which lists for each brand of the
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 to be
established by the secretary.
The nicotine yield ratings as provided, and any other
information in the annual reports with respect to which the
department determines that there is a reasonable scientific basis
for concluding that the availability of such information could
reduce risks to public health, shall be public records:
Provided,
That before any public disclosure of such information the secretary
shall request the advice of the attorney general whether disclosure
would constitute an unconstitutional taking of property, and the
secretary may not disclose the information unless and until the
attorney general advises that the disclosure would not constitute
an unconstitutional taking.
This section does not require a manufacturer, in its report to
the secretary or otherwise, to identitfy or disclose the specific amount of any ingredient that has been approved by the food and
drug administration (FDA), the United States public health service,
United States department of health and human services or a
successor agency, as safe when burned and inhaled or that has been
designated by the FDA, or its successor agency, as generally
recognized as safe when burned and inhaled, according to the
generally recognized as safe list of the FDA.
NOTE: The purpose of this bill is to require tobacco
manufacturers to file annual reports with secretary of the
department of health and human resources regarding additives to,
and nicotine yield ratings of, tobacco products sold in this state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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