Tobacco Industry Reporting: Tobacco Reporting Regulations

Part 2 - Reports

Ingredients

Quarterly report

11. (1) Every manufacturer of a consumer tobacco product, a paper, a tube or a filter shall report, quarterly, by brand and type of tobacco, the information described in subsections (2) and (3).

Inventory

(2) The report shall set out the total quantity and cost of every ingredient

1. purchased in the quarter;
2. used in the quarter; and
3. stored, on the date the report is made.

Content of report

(3) The report shall set out the following information:

1. in the case of a bidi, cigarette, cigar, tobacco stick, or kretek, its weight in milligrams per unit;
2. in respect of each ingredient in a consumer tobacco product, a paper, a tube or a filter,
   1. its common, chemical and commercial names,
   2. if applicable, its biological origin, in standard Latin nomenclature,
   3. if applicable, the registry number assigned to it in accordance with the Chemical Abstracts Service of the American Chemical Society,
   4. the mean, standard deviation and 95% confidence limit of the amount of it in milligrams
      1. per gram of the consumer tobacco product, paper, tube or filter, and
      2. in the case of a bidi, cigarette, cigar, tobacco stick or kretek, per unit of the product,
   5. the name and street address of its supplier,
   6. its country of origin,
   7. in the case of tobacco, its type,
   8. in the case of a paper, its type and specifications, and
   9. in the case of a filter, a description of it, its specifications and pressure drop and, with respect to nicotine for those brands analyzed pursuant to subsection 14(13), its efficiency, determined in accordance with Official Method T-106, entitled Determination of Filter Efficiency in Mainstream Tobacco Smoke, made by the Department of Health, dated December 31, 1999; and
3. in respect of each component of an ingredient in a consumer tobacco product, a paper, a tube or a filter
   1. its commercial, common and chemical names,
   2. if applicable, its biological origin, in standard Latin nomenclature,
   3. if applicable, the registry number assigned to it in accordance with the Chemical Abstracts Service of the American Chemical Society,
   4. the mean, standard deviation and 95% confidence limit of the amount of it in milligrams
      1. per gram of the ingredient and of the consumer tobacco product, paper, tube or filter, and
      2. in the case of a bidi, cigarette, cigar, tobacco stick or kretek, per unit of the tobacco product,
   5. the name and street address of its supplier, and
   6. its country of origin.

When report to be submitted

(4) The report shall be submitted

1. for the period beginning on January 1 and ending on March 31 of a year, on or before April 30 of that year;
2. for the period beginning on April 1 and ending on June 30 of a year, on or before July 31 of that year;
3. for the period beginning on July 1 and ending on September 30 of a year, on or before October 31 of that year; and
4. for the period beginning on October 1 and ending on December 31 of a year, on or before January 31 of the following year.

Exception -- Identical Products

(5) The report is not required for a consumer tobacco product if

1. the product is one of identical products of the manufacturer sold under different brands; and
2. a report under this section is submitted in respect of another of those identical products.

Constituents

Annual Report

12. (1) Every manufacturer of a consumer tobacco product shall report annually, by brand and type of tobacco, the information described in subsection (7) for the consumer tobacco product. The report shall, subject to subsection (2), be submitted on or before January 31 of the year following the year to be reported on.

Initial report

(2) The initial report, relating to the portion of the year remaining of the year in which these Regulations come into force, shall be submitted within the later of

1. January 31 of the year following the year these Regulations come into force, or
2. 180 days after these regulations come into force.
   
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Method of collecting information

(3) Every manufacturer shall use the applicable method listed in column 2 of Schedule 1 to collect information about a constituent.

Sampling

(4) A sample used for the purpose of determining the amount of a constituent must be

1. selected 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 1991-10-15 and entitled Cigarettes -- Sampling; and
2. prepared in accordance with Official Method T-402, entitled Preparation of Cigarettes, Cigarette Tobacco, Cigars, Kreteks, Bidis, Packaged Leaf Tobacco, Pipe Tobacco and Smokeless Tobacco for Testing, made by the Department of Health, dated December 31, 1999.

Replicates

(5) The mean, standard deviation and 95% confidence limit of the amount of each constituent must be based on three replicates of a sample.

Adjustment for moisture

(6) The amount of each constituent must be corrected for moisture in accordance with AOAC Official Method 966.02, entitled Moisture in Tobacco, Gravimetric Method, made in 1968.

Content of report

(7) The report shall set out the following information:

1. in the case of bidis, cigarettes, cigars, tobacco sticks and kreteks, the weight in milligrams per unit;
2. the name of each constituent in the consumer tobacco product;
3. the mean, standard deviation and 95% confidence limit of the amount of each constituent in milligrams, micrograms, or nanograms
   1. per gram of the consumer tobacco product, and
      
   2. in the case of bidis, cigarettes, cigars, tobacco sticks and kreteks, per unit; and
4. the pH of the consumer tobacco product, determined in accordance with Official Method T-310, entitled Determination of Whole Tobacco pH, made by the Department of Health, dated December 31, 1999.

Exception -- Identical Products

(8) The report is not required for a consumer tobacco product if

1. the product is one of identical products of the manufacturer sold under different brands; and
2. a report under this section is submitted in respect of another of those identical products.

Exception -- Sales Volume

(9) The report is not required for the following tobacco products where the total sales of the manufacturer for the year preceding to the year covered by the report are less than

1. in the case of cigars, 1,000,000 units per brand; and
2. in the case of pipe tobacco, 8000 kg per brand.

Exception -- Short Report

(10) A manufacturer may, instead of submitting the report described in subsection (1) or (2) for a consumer tobacco product, submit a report on the amount of nicotine, nitrosamines, nickel, lead, cadmium, chromium, arsenic, selenium and mercury in the product if

1. in respect of cigarettes, cigarette tobacco and tobacco sticks, including any cigarettes, cigarette tobacco or tobacco sticks sold in kits, the manufacturer's total sales for that product in the year preceding the period covered by the report is less than 1% of the total sales of that product in that year in Canada; and
2. in respect of leaf tobacco, bidis and kreteks, the manufacturer's total sales for that product in the year preceding the period covered by the report is less than 5% of the total sales of that product in that year in Canada.
   
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Exception -- Eugenol

(11) If clove, clove extract or eugenol has not been added to a consumer tobacco product, the manufacturer of the product need not analyze it for the constituent of eugenol.

Sales

Report

13. (1) Every manufacturer of a consumer tobacco product shall report the information described in subsection (3) in respect of the following categories, by brand and by each type of package of the brand:

1. in Canada;
2. in each province;
3. in each duty free trade customer and operator;
4. as ships' stores in accordance with the Ships' Stores Regulations;
5. to accredited representatives; and
6. for export, by country of destination.

Duty free shop importers

(2) Every importer of a consumer tobacco product to be sold at a duty free shop shall report, by province, the information described in subsection (3) by brand and by each type of package of the brand in respect of each duty free shop.

Manner of reporting

(3) The information in respect of the sales of a consumer tobacco product for each category described in subsection (1) and (2) shall be reported as follows:

1. in respect of bidis, cigarettes, cigars, tobacco sticks and kreteks,
   1. by unit, and
   2. by number of packages sold, specifying the type of package, the number of units in a package, and the dollar value of the total sales of each type of package;
2. in respect of kits
   1. by number sold,
   2. by weight, in kilograms, of tobacco contained in each kit,
   3. if applicable, by the number of papers, tubes or filters included in each kit, and
   4. by the number of units intended to be made;
3. in respect of cigarette tobacco, by weight in kilograms of tobacco in each specified type of package ; and
4. in respect of any other consumer tobacco product
   1. by weight in kilograms of the consumer tobacco product, and
   2. by number of packages sold, specifying the type of package, the weight of the tobacco product in the package and the dollar value of the total sales of each type of package.

Time to report

(4) The report shall be submitted

1. for cigarettes, cigarette tobacco or tobacco sticks, on or before the 15th day of each month, for the previous month; and
2. for every other consumer tobacco product,
   1. for the period beginning on January 1 and ending on March 31 of a year, on or before April 30 of that year,
   2. for the period beginning on April 1 and ending on June 30 of a year, on or before July 31 of that year,
   3. for the period beginning on July 1 and ending on September 30 of a year, on or before October 31 of that year, and
   4. for the period beginning on October 1 and ending on December 31 of a year, on or before January 31 of the following year