Amendment #1077 to H4000

Modernizing Tobacco Control and Protecting the Health of Minors

Representatives Sánchez of Boston, Brodeur of Melrose, O'Day of West Boylston, Farley-Bouvier of Pittsfield, Khan of Newton, Fox of Boston, Hecht of Watertown, Dykema of Holliston, Cronin of Easton and Cantwell of Marshfield move to amend the bill by adding the following sections: -

SECTION XX.  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 XX.  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 XX.   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 XX.  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."