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July 24, 2024 Rain | 71°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 6: Sale or provision of tobacco product to person under 21 years of age

Section 6. (a) As used in this section and sections 6A and 7, the following words shall have the following meanings unless the context clearly requires otherwise:

''Manufacturer'', a person that manufactures or produces a tobacco product.

''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.

''Retail establishment'', a physical place of business or a section of a physical place of business wherein a tobacco product is offered for sale to consumers.

''Retailer'', a person that operates a retail establishment.

''Tobacco product'', a 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, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization; provided, however, that ''tobacco product'' shall also include any component, part or accessory of a tobacco product; and provided further, that ''tobacco product'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose.

(b) No person shall sell or provide a tobacco product to a person who is under 21 years of age.

(c) No manufacturer or retailer shall distribute or cause to be distributed a free sample of a tobacco product in a retail or other commercial establishment; provided, however, that this subsection shall not apply to retail tobacco stores and smoking bars as defined in section 22.

(d) A person who violates this section shall be punished by a fine of $1,000 for the first offense, $2,000 for a second offense and $5,000 for a third or subsequent offense.

(e) The department of public health may promulgate regulations to implement this section.