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The 193rd General Court of the Commonwealth of Massachusetts

Section 27: Liquid nicotine containers and liquid or gel substances containing nicotine; use of child restraint packaging

Section 27. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

''Child-resistant packaging'', packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 to 1476, inclusive.

''Liquid nicotine container'', a package: (i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and (ii) that is used to hold soluble nicotine in any concentration; provided, however, that ''liquid nicotine container'' shall not include a sealed, prefilled and disposable container of nicotine in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.

(b) No person shall knowingly sell, distribute or import for sale:

(i) a liquid or gel substance containing nicotine unless the substance is contained in child-resistant packaging; or

(ii) a liquid nicotine container unless the container includes child-resistant packaging as part of its design.

(c) A person who violates this section shall be subject to a civil penalty of $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.

(d) Local boards of health, departments of public health, inspection departments or equivalent local authorities or their agents shall enforce this section through the noncriminal disposition of violations.