HOUSE BILL No. 4778


     May 13, 1997, Introduced by Reps. Fitzgerald and LaForge and referred to the Committee on Health Policy.


        A bill to require manufacturers to report the ingredients

   and nicotine content of tobacco products; to prescribe the powers

   and duties of certain state agencies and officials; and to pro-

   vide for penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  This act shall be known and may be cited as the

 2    "tobacco products reporting act".

 3         Sec. 2.  As used in this act:

 4         (a) "Chewing tobacco" means loose tobacco or a flat, com-

 5    pressed cake of tobacco that is inserted into the mouth to be

 6    chewed or sucked.

 7         (b) "Cigarette" and "cigar" mean a roll for smoking made

 8    wholly or in part of tobacco, irrespective of size or shape and

 9    irrespective of the tobacco being flavored, adulterated, or mixed




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 1    with any other ingredient, which roll has a wrapper or cover made

 2    of paper, tobacco, or any other material.

 3         (c) "Department" means the department of community health.

 4         (d) "Manufacturer" means a person who manufactures or

 5    produces a tobacco product.

 6         (e) "Noncigarette smoking tobacco" means tobacco sold in

 7    loose or bulk form that is intended for consumption by smoking.

 8         (f) "Smokeless tobacco" means snuff, chewing tobacco, and

 9    any other tobacco that is intended to be consumed by means other

10    than smoking.

11         (g) "Snuff" means shredded, powdered, or pulverized tobacco

12    that may be inhaled through the nostrils, chewed, or placed

13    against the gums.

14         (h) "Tobacco product" means cigarettes, cigars, noncigarette

15    smoking tobacco, or smokeless tobacco.

16         Sec. 3.  A manufacturer shall not sell a tobacco product in

17    this state unless the manufacturer has complied with this act.

18         Sec. 4.  (1) Not later than February 1, 1998, a manufacturer

19    of tobacco products sold in this state shall file with the

20    department, on a form provided by the department, a report for

21    each brand of tobacco product providing all of the following

22    information:

23         (a) Any ingredient of the tobacco product, other than tobac-

24    co, water, or reconstituted tobacco sheet made wholly from

25    tobacco.  The ingredients shall be listed in descending order

26    according to weight, measure, or numerical count.  However, the





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 1    manufacturer does not have to list the specific weight, measure,

 2    or numerical count of the ingredients.

 3         (b) Nicotine yield ratings of the tobacco product.  Nicotine

 4    yield ratings shall be established by the department and shall

 5    accurately predict nicotine intake for average consumers.

 6         (2) After January 1, 1998, if a manufacturer introduces a

 7    new tobacco product or changes the ingredients or nicotine yield

 8    of an existing tobacco product, not later than 60 days from the

 9    introduction or change, the manufacturer shall file with the

10    department a report as required by subsection (1) for the new or

11    changed tobacco product.

12         (3) This act does not require a manufacturer to identify or

13    disclose the specific amount of any ingredient identified by the

14    United States department of health and human services, food and

15    drug administration, as generally recognized as safe when burned

16    and inhaled.

17         Sec. 5.  (1) The report filed under section 4 is a public

18    record subject to the freedom of information act, 1976 PA 442,

19    MCL 15.231 to 15.246.

20         (2) The department shall file with the legislature an annual

21    report listing all filings and providing the information required

22    by this act.

23         Sec. 6.  A manufacturer that violates section 3 or 4 or

24    knowingly provides false information under section 4 is responsi-

25    ble for a state civil infraction and may be ordered to pay a

26    civil fine of not more than $1,000.00 for each day the

27    manufacturer is in violation.



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 1         Enacting section 1.  This act takes effect January 1, 1998.






















































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