Amendment #612 to H4000

Tobacco 21

Mr. McMurtry of Dedham moves to amend the bill by adding the following section:

Section XX: Chapter 94 of the General Laws is hereby amended by striking out section 307C 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, to prevent the sale or delivery of a tobacco product to persons under 21 years of age in the commonwealth.

Chapter 270 of the General Laws is hereby amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. (a) As used in this section, the term, “tobacco product” shall mean  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.  (b) Whoever sells a tobacco product to any person under the age of 21 or, not being his or her parent or guardian, gives a tobacco product to any person under the age of 21 shall be punished by a fine of not less than $100 for the first offense, not less than $200 for a second offense and not less than $300 for any third or subsequent offense.