HOUSE DOCKET, NO. 3328        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2434

The Commonwealth of Massachusetts

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PRESENTED BY:

James Arciero

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act preventing the use of alternative nicotine products and vapor products by minors.

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PETITION OF:

HOUSE DOCKET, NO. 3328        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2434

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act preventing the use of alternative nicotine products and vapor products by minors.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of chapter 64C of the General Laws is hereby amended by inserting after the words “smokeless tobacco”, in lines 6-7, the following words: -

, but shall not include any alternative nicotine product, vapor product, or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug And Cosmetic Act

SECTION 2.  Section 1 of chapter 64C of the General Laws is hereby amended by adding the following paragraph: -

Whenever used in this chapter, the term “alternative nicotine product” shall mean any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means; “alternative nicotine product” does not include any tobacco product, vapor product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug And Cosmetic Act.  Whenever used in this chapter, the term “vapor product” shall mean any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form; “vapor product” includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device; “vapor product” does not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug And Cosmetic Act.

SECTION 3.  Section 10 of chapter 64C of the General Laws is hereby amended by striking out, in lines 35-36, the words “sell a cigarette to a person under eighteen or, not being his parent or guardian, give a cigarette or snuff or tobacco in any form” and inserting in place thereof the following words: -

sell a cigarette, tobacco product, alternative nicotine product, or vapor product to a person under eighteen or, not being his parent or guardian, give a cigarette or snuff or tobacco product in any form, alternative nicotine product, or vapor product

SECTION 4.  Section 2A of chapter 71 of the General Laws is hereby amended by striking out, in lines 2-3, the words “of any type on school grounds during normal school hours” and inserting in place thereof the following words:

, alternative nicotine products, or vapor products of any type on school grounds during normal school hours.  As used in this section, the terms “alternative nicotine product” and “vapor product” shall have the same meanings as in section one of chapter sixty-four C.

SECTION 5. Section 37H of chapter 71 of the General Laws is hereby amended by inserting after the word “products”, in line 3, the following words: -

, alternative nicotine products, or vapor products, as such terms are defined in section 2A of this chapter,

SECTION 6.  Chapter 270 of the General Laws is hereby amended by striking out section 6, as appearing in the 2012 Official Edition, and inserting in place thereof the following section: -

Section 6.  Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms, an alternative nicotine product or a vapor product to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms, an alternative nicotine product or a vapor product to any person under the age of eighteen shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for a second offense and not less than three hundred dollars for any third or subsequent offense. As used in this section, the terms “alternative nicotine product” and “vapor product” shall have the same meanings as in section one of chapter sixty-four C.