(A) In each annual report, a manufacturer shall include, as part of the nicotine yield rating for each brand, sub-brand and generic unbranded cigarette, the information specified in 105 CMR 660.102. For purposes of 105 CMR 660.102, Brand Family shall mean a number of different, though highly similar cigarette products marketed under one general name; e.g., regular, longer-length and menthol cigarettes of the same brand.

1. (1) For each brand, sub-brand and generic unbranded cigarette which belongs to a brand family that has a national market share of less than 3%, as reported in the most recent Maxwell Report, Cigarette Brand Sales and Market Share, published by Davenport and Company, Richmond, Virginia, or a comparable report designated by the Department, the annual report shall include the information specified in 105 CMR 660.102(B)(1) and (B)(6). Said report also shall include the information in 105 CMR 660.102(B)(2) through (B)(4) for a limited number of individual sub-brands selected by the Department. The number of sub-brands to be selected by the Department shall be based on the manufacturer's national market share, as reported in the most Maxwell Report. For a manufacturer with greater than 35% of national market share, up to 15 sub-brands shall be selected and tested; for a manufacturer with a national market share of 20% to 35% of national market share, up to nine sub-brands will be selected and tested; and for a manufacturer with a national market share of less than 20%, up to six sub-brands will be selected and tested;
2. (2) For each brand, sub-brand and generic unbranded cigarette which belongs to a brand family that has a national market share of 3% or more, as reported in the most recent Maxwell Report, Cigarette Brand Sales and Market Share, USA, published by Davenport and Company, Richmond, Virginia, or comparable report designated by the Department, the annual report shall include the information specified in 105 CMR 660.102(B)(1) through (5).

(B) As specified in 105 CMR 660.102(A), cigarette manufacturers shall include in their annual report a rating for nicotine yield for each brand, sub-brand and generic unbranded cigarette sold in the Commonwealth, which shall include:

1. (1) the most recent nicotine level reported for the brand, sub-brand, or generic unbranded cigarette to the Federal Trade Commission, as published in the Federal Trade Commission Report entitled Tar, Nicotine, and Carbon Monoxide of the Smoke of Varieties of Domestic Cigarettes. If no report has been made to the Federal Trade Commission, the manufacturer shall report the nicotine level determined in accordance with the testing methods specified in 105 CMR 660.500(A) and (D)(1);
2. (2) the total nicotine content of the cigarette, reported in milligrams of nicotine and nicotine content per gram of tobacco, as determined under the testing method set forth in 105 CMR 660.500(B);
3. (3) percent filter ventilation; that is, the level of air dilution in the whole smoke, as provided by the ventilation holes in the cigarette filter, described in percent, as determined under the method described in 105 CMR 660.500(C);

4. (4) nicotine delivery under average smoking conditions, reported in milligrams of nicotine per cigarette. Manufacturers shall use the Federal Trade Commission testing method, as described and modified in 105 CMR 660.500(D), with the puff volume adjusted to 45 milliliters, puff interval adjusted to 30 seconds, and puff duration to two seconds. The average number of puffs per cigarette taken in this condition shall be reported. Cigarettes with ventilation holes must have the holes half blocked during testing (see 105 CMR 660.500(D) for hole blocking method). Manufacturers shall classify each brand, sub-brand or generic unbranded cigarette for nicotine yield according to the following standards:

   Average

   Cigarette Smoking Conditions

   Nicotine Delivery Nicotine (mg/cigarettes)

   High Nicotine >1.2 mg Moderate Nicotine >0.2-1.2 Low Nicotine .01-0.2 Nicotine Free <0.01

Testing and measurement for nicotine yield ratings shall comply with the sampling and conditioning standards set forth in 105 CMR 660.500(A). The cigarette nicotine yield ratings shall be reported to the Department on the form attached to 105 CMR 660.600; (5) for brand families subject to the requirements of 105 CMR 660.102(A)(2), the pH of cigarette smoke, as determined under the method specified in 105 CMR 660.500(E), for three sub-brands selected by the Department from each brand family that has a national market share of 3% or more, as reported in the most recent Maxwell Report; (6) for brand families subject to the requirements of 105 CMR 660.102(A)(1), the nicotine level reported in 105 CMR 660.102(B)(1) multiplied by a numerical factor approved by the Department which is intended to approximate the ratings for nicotine delivery under average smoking conditions which would have been derived by the tests conducted in the preceding year pursuant to 105 CMR 660.102(B)(4). The cigarette nicotine yield ratings shall be reported to the Department on the form attached to 105 CMR 660.600.