Budget Amendment ID: FY2020-S3-561

EHS 561

Regulating Flavored Tobacco Products

Mr. Keenan, Ms. Jehlen, Ms. Comerford, Messrs. Eldridge, Welch, Tarr, Humason and Cyr moved that the proposed new text be amended by inserting at the end thereof the following new section:-

SECTION X. Chapter 270 of the General Laws, as amended by chapter 157 of the acts of 2018, is hereby amended by inserting after section 27 the following section:-

Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Characterizing Flavor”, a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof, including but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product

“Component part”, any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.

“Constituent”, any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent.

“Distinguishable”, perceivable by either the sense of smell or taste.

“Flavored tobacco product enhancer”, any product designed, manufactured, produced, marketed or sold that produces a characterizing flavor when added to any tobacco product or vapor product, as defined in section 6, or to any other similar product that relies on vaporizations or aerosolization regardless of nicotine content in the product.

“Flavored tobacco product”, any tobacco product as defined in section 6, or any component part thereof, that contains a constituent that has or produces a characterizing flavor; and “Flavored tobacco product” shall also include any vapor product as defined in section 6 or any other similar product that relies on vaporizations or aerosolization that produces a characterizing flavor regardless of nicotine content in the product. A public statement, claim or indicia made or disseminated by the manufacturer of a flavored tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such flavored tobacco product, that such flavored tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. “Flavored tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for the sale or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose.

“Smoke Constituent”, any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.

(b) No retailer, retail establishment, or other person or entity shall sell or distribute or cause to be sold or distributed or offer for sale any flavored tobacco product or flavored tobacco product enhancer to any consumer, except in a smoking bar as defined in section 22.

(c) A person who violates this section shall be subject to the same fines established for violations of section 6.

(d) Nothing in this section shall preempt further restriction by the commonwealth or any department, agency or political subdivision of the commonwealth.

(e) The department of public health may promulgate such procedures, rules or regulations as it deems necessary to implement the provisions of this section.