Tobacco Reporting Regulations

Marginal note:Initial testing

• 14.2 (1) Every manufacturer shall perform toxicity testing in accordance with subsection (6) on every brand of cigarettes that it manufactures after December 31, 2004 and before October 1, 2005.

• Marginal note:Annual testing

  (2) After September 30, 2005, for every period beginning on January 1 of a year and ending on December 31 of the same year, every manufacturer shall perform toxicity testing in accordance with subsection (6) on every brand of cigarettes that it manufactures during that period.

• Marginal note:Report

  (3) The manufacturer shall submit a report of the test results to the Minister on or before January 31 of the year following the year in which the tested cigarettes were manufactured.

• Marginal note:Presentation of results

  (4) The report shall include

  • (a) the date of manufacture of the cigarettes tested, the name of the testing laboratory, the start and end dates of the tests, the results of the tests and the name of the applicable Department of Health official method used for the tests;

  • (b) in the case of a report on the initial testing required by subsection (1), the results, if known, of the ignition propensity tests conducted on cigarettes of the same brand using ASTM International method E2187 — 04, dated July 1, 2004 and entitled Standard Test Method for Measuring the Ignition Strength of Cigarettes; and

  • (c) a copy of all laboratory reports.

• Marginal note:Number of replicates of a sample

  (5) The results of the tests performed in accordance with paragraph (6)(a) or (b) shall be based on three replicates of a sample.

• Marginal note:Method of collecting data

  (6) The toxicity data shall be collected using the following test methodologies:

  • (a) Department of Health Official Method T–501, entitled Bacterial Reverse Mutation Assay for Mainstream Tobacco Smoke, as amended from time to time;

  • (b) Department of Health Official Method T–502, entitled Neutral Red Uptake Assay for Mainstream Tobacco Smoke, as amended from time to time; and

  • (c) Department of Health Official Method T-503, entitled In Vitro Micronucleus Assay for Mainstream Tobacco Smoke, as amended from time to time.

• Marginal note:Sampling

  (7) The sampling of cigarettes for the toxicity testing shall be performed in accordance with the procedures described in items A and B of Table 1 of the International Organization for Standardization standard ISO 8243, second edition, dated October 15, 1991 and entitled Cigarettes — Sampling.

• Marginal note:Conditioning

  (8) The cigarettes to be used in the toxicity testing shall be conditioned in an environment as described in the International Organization for Standardization standard ISO 3402, fourth edition, dated December 15, 1999 and entitled Tobacco and Tobacco Products — Atmosphere for Conditioning and Testing.

• Marginal note:Exception — identical cigarettes

  (9) A manufacturer is not required to perform the testing and submit the report in respect of a particular brand of cigarettes if the manufacturer

  • (a) sells identical cigarettes under more than one brand, including the particular brand;

  • (b) submits a report under this section in respect of another of those brands of identical cigarettes and that brand is specified in the report as being the reference brand; and

  • (c) specifies in the report that is submitted in respect of the reference brand the other brands of identical cigarettes that are also covered by the report, including the particular brand.