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 words shall have the following meanings unless the context clearly requires otherwise:

“Child-resistant packaging", packaging intended to reduce the risk of children ingesting nicotine that meets the minimum standards as set forth in 15 U.S.C. §§ 1471 to 1476, inclusive, and 16 CFR § 1700 et seq.

“Liquid nicotine container”, a package: (i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and (ii) that is used to hold soluble nicotine in any concentration; provided, however, that the term “liquid nicotine container” shall not include a sealed, prefilled and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children, as amended from time to time.

(b) No person shall sell, distribute or import for sale within the commonwealth:

(i)a liquid or gel substance containing nicotine unless that product is contained in child-resistant packaging; or

(ii)a nicotine liquid container unless that container includes child-resistant packaging as part of its design.

(c) A 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 local department of public health, the local inspection department or equivalent local authority or its agent shall enforce this section through the noncriminal disposition of violations. In the city of Boston, the commissioner of health and the commissioner’s authorized agents shall enforce this section through the noncriminal disposition of violations.