As used in 105 CMR 660.000, the following terms shall have the following meanings, unless the context clearly requires otherwise:

Annual Report. A tobacco manufacturer's annual report to the Department, which provides, for each brand of cigarette and smokeless tobacco product, nicotine yield ratings, as described in 105 CMR 660.100 through 660.103.

Attorney General. The Attorney General of the Commonwealth of Massachusetts.

Cigarette. Any product (including components, accessories, or parts) which contains or delivers nicotine, is intended to be burned under ordinary conditions of use, and consists of:

1. (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
2. (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filter, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.

Cigarette Nicotine Yield Rating. A composite of information intended to show the range of nicotine that each cigarette brand can be expected to provide to the average consumer, based on:

1. (1) the expected range of nicotine delivery under average smoking conditions based on machine testing parameters that seek to reflect actual smoking behavior; and
2. (2) the potential for increased nicotine delivery or increased speed of nicotine delivery based on cigarette design features such as filter vents, pH, and the total nicotine content of the tobacco.

Commissioner. The Commissioner of the Department of Public Health.

Could Reduce Risks to the Public Health. That knowledge about nicotine yield rating could result in reduced risk of adverse health effects associated with tobacco use including, but not limited to, nicotine addiction and adverse health effects associated with exposure to environmental tobacco smoke.

Department. The Department of Public Health.

Federal Trade Commission. The United States Federal Trade Commission.

Manufacturer. Any person or entity, including any repacker or relabeler, manufacturing, fabricating, assembling, processing, or labeling a finished cigarette or smokeless tobacco product. Manufacturer does not include any person or entity only distributing finished cigarettes or smokeless tobacco products.

(MA REG. # 1359, Dated 2-23-18)

Smokeless Tobacco. Any cut, ground, powdered, or leaf tobacco that contains or delivers nicotine and that is intended to be placed in the oral cavity without burning.

Smokeless Tobacco Nicotine Yield Rating. A composite of information intended to show the range of nicotine that each smokeless tobacco product can be expected to provide to the average consumer, based upon the amount of nicotine in the tobacco, the pH of the tobacco, and the amount of unionized (free) nicotine in the product.