SENATE DOCKET, NO. 1198        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 732

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Harriette L. Chandler

_________________

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 requiring child-resistant packaging of nicotine liquid containers.

_______________

PETITION OF:

 

Name:

District/Address:

Harriette L. Chandler

First Worcester

Jonathan Hecht

29th Middlesex

Jeffrey Sánchez

15th Suffolk

John F. Keenan

Norfolk and Plymouth

John W. Scibak

2nd Hampshire

Ruth B. Balser

12th Middlesex

Patricia D. Jehlen

Second Middlesex

Jason M. Lewis

Fifth Middlesex

Barbara A. L'Italien

Second Essex and Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Kathleen O'Connor Ives

First Essex

Sal N. DiDomenico

Middlesex and Suffolk


SENATE DOCKET, NO. 1198        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 732

By Ms. Chandler, a petition (accompanied by bill, Senate, No. 732) of Harriette L. Chandler, Jonathan Hecht, Jeffrey Sánchez, John F. Keenan and other members of the General Court for legislation relative to requiring child-resistant packaging of nicotine liquid containers.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act requiring child-resistant packaging of nicotine liquid containers.

 

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. Chapter 270 of the General Laws is hereby amended by inserting after section 26 the following section:-

Section 27.

(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.