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The 192nd General Court of the Commonwealth of Massachusetts

Section 239: Promulgation of regulations regarding the advertisement and sale of tobacco products and electronic nicotine delivery systems

[ Text of section added by 2019, 133, Sec. 18 effective November 27, 2019 applicable to policies, contracts and subscription certificates delivered, issued or renewed in the commonwealth on or after January 1, 2020. See 2019, 133, Sec. 26.]

  Section 239. The department of public health shall promulgate 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 delivery systems as defined in section 7E of chapter 64C; (iii) the advertisement of and signage for tobacco products and electronic nicotine delivery systems; and (iv) the operation of retail tobacco stores and smoking bars as defined in section 22 of chapter 270. The regulations may provide for penalties for violations of regulations promulgated pursuant to this section. A violation of this section may be a civil violation.

  Regulations shall include, but not be limited to: (i) a requirement that tobacco stores and smoking bars conspicuously post signage as required by the department; and (ii) a prohibition of the use of fraudulent or misleading statements in the advertisement of tobacco products.

  This section shall not limit the right of an appropriate authority in a city or town to adopt rules and regulations as may be necessary; provided, however, that such a rule or regulation shall not conflict with regulations promulgated by the department or state or federal law.

  The commissioner of public health shall send 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 the proposed regulations with the state secretary; 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 that the emergency regulation is filed with the state secretary.