HOUSE DOCKET, NO. 2700        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3484

The Commonwealth of Massachusetts

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PRESENTED BY:

Edward F. Coppinger

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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 promoting a tobacco free future.

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PETITION OF:

HOUSE DOCKET, NO. 2700        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3484

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 promoting a tobacco free future.

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 10 of chapter 64C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 41, 42, 46 and 50, the words “under eighteen” and inserting in place thereof, in each instance, the following phrase:- born after December 31, 2000.

SECTION 2. Said chapter 94 is hereby amended by striking out section 307C, as so appearing, 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 tobacco products, as defined in section 6 of chapter 270, to prevent the sale or delivery of tobacco products to individuals born after December 31, 2000.

SECTION 3. Chapter 270 of the General Laws, as so appearing, is hereby amended by striking out section 6 subsection B, as so appearing, and inserting in place thereof the following section:-

(b) No person shall sell or provide a tobacco product to a person born after December 31, 2000.

SECTION 4. Chapter 270 of the General Laws, as so appearing, is hereby amended by striking out sections 6A, as so appearing, and inserting in place thereof the following section:-

Section 6A. A person who sells tobacco rolling papers to a person born after December 31, 2000 shall be punished by a fine of $25 for the first offense, $50 for the second offense and $100 for a third or subsequent offense.

SECTION 5. Said section 22 of said chapter 270, as so appearing, is hereby amended by striking out, in lines 90, 276 and 281, the phrase “under the age of 18 years of age” and inserting in place thereof, in each instance, the following phrase:- born after December 31, 2000.

SECTION 6. Subsection (a) of said section 22 of said chapter 270, is hereby amended by striking out the definition of “Smoking bar” and inserting in place thereof the following definition:-

“Smoking bar”, an establishment that: (i) exclusively occupies an enclosed indoor space  and is primarily engaged in the retail sale of tobacco products as defined in section 6 for  consumption by customers on the premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person born after December 31, 2000; (iii) prohibits any food or beverage not sold directly by the business from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the appropriate authority in the city or town in which the establishment is located; and (v) maintains a valid permit to operate a smoking bar issued by the department of revenue.

SECTION 7. The commissioner of public health may promulgate regulations to restrict the sale of tobacco products to individuals born after December 31, 2000. The commissioner shall send a notice of proposed changes, including proposed draft regulations, to the house and senate committees on ways and means and the joint committee on public health not less than 90 days before filing draft regulations with the state secretary.

SECTION 8. On the effective date of this act, a retail establishment that sells tobacco products as those terms are defined in section 6 of chapter 270 of the General Laws shall conspicuously post a notice produced by the department of public health that states the minimum legal age to purchase tobacco products. The notice shall include the dates that the minimum age to purchase tobacco products shall go into effect. Retail establishments shall continuously post the notice until January 1, 2023.

SECTION 9. This act shall preempt, supersede or nullify any inconsistent, contrary or conflicting state or local law relating to the minimum age for the sale or delivery of tobacco products. This act shall not otherwise preempt the authority of any city or town to enact any ordinance, by-law or any fire, health or safety regulation that limits or prohibits the purchase of tobacco products or vapor products.

SECTION 10. This act shall take effect on January 1, 2022.