SECTION 1. Chapter 270 of the General Laws is hereby amended by inserting after section 26 the following section:-
(a) As used in this section, the following terms shall have the following meanings:
(1) “Child-resistant packaging" is defined as set forth in Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on January 1, 2015, when tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
(2) “E-cigarette” means an electronic device that can be used to deliver nicotine to the user through vaporization of any liquid or solid, and shall include such devices whether manufactured as e-cigarettes, e-cigars, e-pipes, or under any other product name.
(3) “Nicotine liquid container” means a bottle or other container of a liquid or gel substance containing nicotine which is sold, marketed, or intended for use in an e-cigarette. The term does not include a container of a liquid or gel substance containing nicotine that is sold, marketed, or intended for use in an e-cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
(b) No person shall import for sale, distribute, or sell within the commonwealth:
(1) any liquid or gel substance containing nicotine unless that product is contained in child-resistant packaging; or
(2) any nicotine liquid container unless that container constitutes child-resistant packaging.
(c) Any person who violates this section shall be subject to a civil penalty of $250 for a first violation, $500 for a second violation, and $1,000 for a third or subsequent violation.
(d) The local board of health, the department of public health, the local inspection department or the equivalent, and a municipal government or its agent shall enforce this section through noncriminal disposition. In addition, in the city of Boston, the commissioner of health and his authorized agents shall enforce this section through noncriminal disposition. The disposition of fines assessed under this section shall be subject to section 188 of chapter 111. Fines assessed by the commonwealth or its agent shall be subject to section 2 of chapter 29.
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