SENATE DOCKET, NO. 1200        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1119

The Commonwealth of Massachusetts

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PRESENTED BY:

Harriette L. Chandler

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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 modernizing tobacco control and protecting the health of minors.

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PETITION OF:

SENATE DOCKET, NO. 1200        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1119

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 modernizing tobacco control and protecting the health of 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 2A of chapter 71 of the General Laws is hereby amended by inserting after the word “use”, in line 3, the following words:- “a tobacco product, as defined in section 6 of chapter 270,”.

SECTION 2.  Section 37H of chapter 71 of the General Laws is hereby amended by inserting after the word “use”, in line 3, the following words:- “a tobacco product, as defined in section 6 of chapter 270,”.

SECTION 3.  Chapter 94 of the General Laws is hereby amended by striking out section 307C, as appearing in the 2012 Official Edition, and inserting in place thereof the following section: -

Section 307C.  The department of public health may, in consultation with the attorney general and the department of revenue, establish regulations for persons engaged in the sale or shipment of a tobacco product, as defined in section 6 of chapter 270, in any of its forms, to prevent the sale or delivery of a tobacco product in any of its forms to children under 18 years of age in the commonwealth.

SECTION 4.  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.  (a) As used in this section, the following terms shall have the following meanings:

“Manufacturer”, any person who manufactures or produces a tobacco product in any of its forms.

“Retail establishment”, any physical place of business or section of a physical place of business where a tobacco product in any of its forms is offered to consumers, and which also includes portions of any physical place of business where vending machines that dispense a tobacco product in any of its forms are located.

“Retail tobacco store”, an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, a tobacco product in any of its forms and paraphernalia in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of a tobacco product in any of its forms as required to be issued by the appropriate authority in the city or town where the establishment is located. 

“Retailer”, any person who operates a store or concession for the purposes of making sales of a tobacco product in any of its forms at retail, and any person selling a tobacco product in any of its forms through vending machines.

“Smoking bar”, an establishment that occupies exclusively an enclosed indoor space and that primarily is engaged in the retail sale of a tobacco product in any of its forms for consumption by customers on the premises; derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product in any of its forms; prohibits entry to a person under the age of 18 years of age during the time when the establishment is open for business; prohibits any food or beverage not sold directly by the business to be consumed on the premises; maintains a valid permit for the retail sale of a tobacco product in any of its forms as required to be issued by the appropriate authority in the city or town where the establishment is located; and, maintains a valid permit to operate a smoking bar issued by the department of revenue.

“Tobacco product”, any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to:  cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes, electronic cigars, electronic pipes, or other similar products that rely on vaporization or aerosolization.  “Tobacco product” includes any component, part, or accessory of a tobacco product.  “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose.

(b) No person shall sell a tobacco product in any of its forms to any person under the age of 18 or, not being his parent or guardian, give a tobacco product in any of its forms to any person under the age of 18.

(c) No manufacturer or retailer shall distribute or cause to be distributed any free samples of a tobacco product in any of its forms in any retail establishment, excluding retail tobacco stores and smoking bars.

(d) Anyone in violation of the provisions of this section shall be punished by a fine of not less than 100 dollars for the first offense, not less than 200 dollars for a second offense and not less than 300 dollars for any third or subsequent offense.

(e) The Department of Public Health shall promulgate regulations for implementation of the provisions of this section.

(f) Nothing in this section shall permit the sale of a tobacco product in any of its forms in which such sale is prohibited or may hereafter be prohibited by law including, without limitation, any other law or ordinance or by-law or any fire, health or safety regulation.  Nothing in this section shall preempt further limitation of the sale of a tobacco product in any of its forms by the commonwealth or any department, agency or political subdivision of the commonwealth.

SECTION 5.  Section 22 of chapter 270 of the General Laws is hereby amended by striking out, in subsection (a) in lines 90 to 92, as appearing in the 2012 Official Edition, the definition for “Smoking” or “Smoke”, and inserting in place thereof the following definitions:-

“Smoking” or “smoke”, the inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe or other tobacco product or plant product intended for inhalation in any manner or any form.  “Smoking” or “smoke” also includes the use of electronic cigarettes, electronic cigars, electronic pipes, or other similar products that rely on vaporization or aerosolization.