(a) The department tobacco program manager (manager) is responsible for the control of ingredient information. The manager shall designate in writing an individual to assume the responsibilities for control of ingredient information in case of the absence or unavailability of the manager.
(b) The manager shall approve a list of department employees with demonstrated need to have access to the space or drive where the ingredient information contained in annual reports submitted pursuant to Texas Health and Safety Code, Chapter 161, Subchapter P, is retained (hereinafter "authorized individuals").
(c) Authorized individuals shall not copy or reproduce by any means brand-specific reported ingredient information contained in an annual report. Authorized individuals shall take all precautions necessary to ensure that no unauthorized person overhears or otherwise intentionally or inadvertently receives such information.
(d) Annual reports shall be retained according to the appropriate department record retention schedule. At the end of the retention period, annual reports shall be destroyed.
(e) Storage Space.
  (1) Information identified by the manufacturer as confidential ingredient information in an annual report pursuant to Texas Health and Safety Code, Chapter 161, Subchapter P, that is submitted in hard paper copy shall be secured and maintained in a secure storage space.
  (2) Information identified by the manufacturer as confidential ingredient information in an annual report pursuant to Texas Health and Safety Code, Chapter 161, Subchapter P, that is submitted in electronic format (via email) shall be secured and maintained in a secure drive.
  (3) The storage space shall be secured at all times and only authorized individuals will have access to the storage space.

Source Note: The provisions of this §101.7 adopted to be effective May 16, 1999, 24 TexReg 3509; amended to be effective April 2, 2023, 48 TexReg 1723