Legislation re: nicotine yield and tobacco product language – 1/18/07

Q: Have any states encountered bills like HB 1410 and HB 1190?  If so, what type of strategy did states use to address them, including any useful testimony and/or information?
 
a.) HB 1410: The bill relates to the nicotine yield of cigarettes sold in the state. In a nutshell it indicates that by August 2008, cigarette nicotine yield may not exceed one milligram per cigarette, with increments stated until August 2015 in which the cigarette nicotine yield must be less than one one-hundredth of a milligram per cigarette.
 
b.) HB 1190:  This bill took tobacco products out of the language and replaced with snuff and chewing tobacco for a tax bill.  We are alarmed due to the make-up of both sponsorships, as in the past they have been against tobacco prevention.

A:

1. New Jersey: In NJ, the definitions for cigarettes and tobacco products are created by the Treasury and relate to taxing.  Cigarettes are wrapped in paper and are taxed (actually tax stamps to distributors) at $2.575 per pack of 20.  Tobacco products include cigars, snuff, chewing tobacco and everything else.  These are taxed at a much lower rate than the cigarettes and are based on the selling price.
    
2. West Virginia – a.) West Virginia, to date, has not had such bills introduced. However, there is a possibility that a proposal re: nicotine yield and contents could be introduced this WV Legislative Session. b.) West Virginia, to date, has not had such bills introduced. However, In West Virginia (still a tobacco growing state), we have never had any bill covering nicotine-content reduction. On the second issue, the tax bill, this should be called a "tax on cigarettes and all non-cigarette tobacco".  Are you certain that bidis and kreteks would fit into one of the categories in definitions?   I would have clarified the definition for "other tobacco products"---that it contains any level tobacco (not to be confused with products that contain nicotine, but not tobacco).  That might have been easier than changing all the text with the addition of snuff and chewing tobacco.  By clicking on the following link, the inquirer can access the definitions part of West Virginia's tax bill (§11-17-2).

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