SECTION 1. Chapter 270 of the General Laws is hereby amended by inserting after section 6A the following section:
Section 6B. Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person for personal consumption, or who operates a facility located within Massachusetts where vending machines containing tobacco products are located, shall be required to complete a tobacco retailer certification program once every three years beginning in January 2015.
The tobacco retailer certification program shall emphasize compliance with local, state and federal rules and regulations pertaining to the sale of tobacco products, and will include a mandatory online training course and assessment. The cost of implementing and maintaining the tobacco retailer certification program may be funded in whole or in part by a course fee collected from tobacco retailers. The department of public health shall promulgate regulations providing for the implementation of this section.
Tobacco retailers who fail to complete the certification program pursuant to the regulations promulgated by the department of public health shall receive notice of non-compliance and 30 days to correct such non-compliance. Tobacco retailers who fail to correct such non-compliance within 30 days of notice shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for the second offense and not less three hundred dollars for any third or subsequent offense.
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