HOUSE DOCKET, NO. 345        FILED ON: 1/10/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1397

The Commonwealth of Massachusetts

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PRESENTED BY:

Shawn Dooley

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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 regulating the sale and purchase of butane and propane.

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PETITION OF:

HOUSE DOCKET, NO. 345        FILED ON: 1/10/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1397

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4322 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act regulating the sale and purchase of butane and propane.

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

Chapter 270 of the General Laws is hereby amended by adding the following section:-

Section 27. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:

“Butane”, any product that contains butane as its main component, excluding products where butane is a secondary component or a propellant.

“Propane”, any product that contains propane as its main component, excluding products where propane is a secondary component or a propellant.

(b) No person shall sell, furnish or provide, or purchase with the intent to sell, furnish or provide butane or propane to or for use by a person who they know or have reason to believe is under 18 years of age.

(c) Subsection (b) shall not apply if a parent and child, guardian and ward, or adult instructor and pupil relationship exists between the person, in their individual capacity, selling, furnishing or providing, or purchasing with the intent to sell, furnish or provide butane or propane and the person under 18 years of age, except where such parent, guardian, or adult instructor knowingly sells, furnishes or provides, or purchases with the intent to sell, furnish or provide butane or propane to a person under 18 years of age for the purpose of THC or cannabinoid extraction.

(d) Whoever violates subsection (b) shall be subject to a fine of not less than $250 for the first violation and not less than $500 for each subsequent violation.

(e) Whoever willfully misrepresents their age, or in any way alters, defaces or otherwise falsifies their identification offered as proof of age in the act of procuring or purchasing propane or butane shall be subject to a fine of not less than $250 for the first offense and not less than $500 for each subsequent offense.

(f) Whoever reasonably relies on a motor vehicle license issued pursuant to section 8 of chapter 90, an identification card issued pursuant to section 8E of said chapter 90, a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued military identification card for proof of a person's identity and age shall be presumed to have exercised due care and shall not be liable under, or in violation of, subsection (b).