SECTION 1. Chapter 94 is hereby amended by inserting after section 307C the following section:-

Section 307D.(a) As used in this section, the following terms shall have the following meanings:

(1) “Department”, the department of public health.

(2) “E-cigarette”, any electronic device that can be used to deliver nicotine vapor 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) “Manufacturer”, any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture that produces an e-cigarette.  If the e-cigarette is produced in a foreign country, the manufacturer is the importer or domestic distributor; provided, however, that, if a company from whom an importer purchases the e-cigarette has a United States presence or assets, that company shall be considered the manufacturer.

(b) For each brand of e-cigarette sold in the commonwealth, the manufacturer shall file a report annually with the department, at a time and in a form specified by the department, identifying the concentration of any toxins contained in the vapor produced by an e-cigarette when used as intended by the manufacturer.

(c) The department shall make all reports filed under this section available to the public on its website.

(d) Any manufacturer of an e-cigarette that fails to file a report by the date required by the department pursuant to subsection (b) shall be subject to a fine of $10,000 for each day after such date that it fails to file a report.

(e) Any manufacturer of an e-cigarette that files a report understating the concentration of a toxin by an amount exceeding a range established by the department shall be subject to a fine of $10,000 for each day that it fails to file an amended report as directed by the department.

(f) The sale of any e-cigarette for which the manufacturer has failed to file a report by the date required by the department pursuant to subsection (b) or has failed to file an amended report as directed by the department pursuant to subsection (e) shall constitute an unfair or deceptive act under chapter 93A.

SECTION 2. Not more than 90 days from the effective date of this act, the department of public health shall promulgate regulations for the implementation of section 307D of chapter 94 of the General Laws, inserted by section 1, including but not limited to the types and concentrations of toxins that, when present in vapor produced by e-cigarettes, must be reported to the department under subsection (b) of said section 307D of said chapter 94.

SECTION 3.  Section 1 shall take effect 180 days after the passage of this act.