Amendment #13 to H4183

DPH Regulatory Authority

Mr. Jones of North Reading moves to amend the bill by inserting after section 16 the following new section:-

SECTION 16A. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 239. The department of public health shall adopt public health regulations concerning: (i) the sale of tobacco products, as defined in section 6 of chapter 270, to persons under the age of 21, (ii) the sale of electronic nicotine device systems, as defined in section 7E of chapter 64C, (iii) the advertisement of and signage for tobacco products and (iv) the operation of retail tobacco stores and smoking bars, as defined in section 22 of chapter 270. Such regulations may provide penalties for violations of regulations promulgated pursuant to this section. As an alternative to criminal prosecution, a violation of this section may also be considered a civil violation.

Regulations shall include but not be limited to:

(a) a requirement that tobacco stores and smoking bars conspicuously post signage as required by the department; and

(b) a prohibition of the use of fraudulent or misleading statements in the advertisement of tobacco products.

This section shall not be deemed to limit the right of an appropriate authority in a city or town to adopt rules and regulations as may be necessary for the particular locality under its jurisdiction; provided, however, that such rules and regulations do not conflict with the laws of the commonwealth or the regulations of the department.

The commissioner of public health shall send a notice of proposed regulations drafted pursuant to this section, to the house and senate committees on ways and means and the joint committee on public health not less than 90 days before filing any such draft regulations with the secretary of the commonwealth; provided, however, that in promulgating an emergency regulation, the commissioner shall send notice of the changes, including the emergency regulation, to the house and senate committees on ways and means and the joint committee on public health on the same day as the emergency regulation is filed with the secretary of the commonwealth.