Regulation Filing To be completed by filing agency
CHAPTER NUMBER:
CHAPTER TITLE :
AGENCY:
SUMMARY OF REGULATION : State the general requirements and purposes of this regulation.
REGULATORY AUTHORITY :
AGENCY CONTACT : PHONE:
ADDRESS:
Compliance with M.G.L. c. 30A
EMERGENCY ADOPTION -if this regulation is adopted as an emergency, state the nature of the emergency.
PRIOR NOTIFICATION AND /OR APPROVAL - If prior notification to and/or approval of the Governor,
Legislature or others  was required, list each notification, and/or approval and date, including notice to the Local 
Government Advisory Commission .
PUBLIC REVIEW - M.G.L. c. 30 A sections 2 and/or 3 requires notice of the hearing or comment period,
including a small business impact statement, be filed with the Secretary of the Commonwealth, published in 
appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to 
such hearing or comment period.
Date of public hearing or comment period:THE COMMONWEALTH OF MASSACHUSETTS
William Francis Galvin
Secretary of the Commonwealth
Department of Public Health
105 CMR 801.000
Severe Lung Disease Associated with Vaping Products
This regulation was adopted to address the Governor's Declaration of Emergency Detrimental to the 
Public Health made pursuant to M.G.L. c. 17, § 2A, due to severe lung disease associated with the use 
of e-cigarettes and vaping products in the Commonwealth. This regulation prohibits the sale of vaping 
products in the Commonwealth.
M.G.L. c. 17, § 2A; and M.G.L. c. 111, §§ 1-3, 5 & 6
Rebecca Rodman 617-994-9811
250 Washington Street, Boston, MA 02108
See attached filing form addendum.
Massachusetts Municipal Association 12/11/19
Executive Office of Communities and Development 12/ 11/19Docket #  1,236
 133The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.FISCAL EFFECT -
Estimate the fiscal effect of the public and private sectors.
For the first and second year:
For the first five years:
No fiscal effect :
SMALL BUSINESS IMPACT - M.G.L. c. 30 A section 5 requires each agency to file an amended small
business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed 
regulation.  If the purpose of this regulation is to set rates for the state, this section does not apply.
CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:
PROMULGATION - State the action taken by this regulation and its effect on existing provisions of the Code
of Massachusetts Regulations (CMR) or repeal, replace or amend.  List by CMR number:
ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation
SIGNATURE : DATE :
Publication - To be completed by the Regulations Division
MASSACHUSETTS REGISTER NUMBER: DATE :
EFFECTIVE DATE :
CODE OF MASSACHUSETTS REGULATIONS
Remove these pages:                   Insert these pages:SIGNATURE ON FILEadopted by this agency. ATTEST :
1407 12/27/2019
12/11/2019 mrs12/11/2019Dec 11 2019 No impact; regulation being rescinded.
No impact; regulation being rescinded.
No impact; regulation being rescinded.
vaping, nicotine, e-cigarettes, tetrahydrocannabinol, THC
Rescinds 105 CMR 801.000.
This is an Emergency 
Regulation.There are no Replacement 
Pages.Date amended small business impact statement was filed:
 134The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.Addendum to Massachusetts Secretary of State Regula tion Filing Form  
105 CMR 801.000, Severe Lung Disease Associated with Vaping Products  
Compliance with M.G.L. c. 30A – Emergency Adoption 
 
Since 105 CMR 801.00 was implemented as an Emergenc y Regulation to prohibit the sale and 
distribution of vaping products, the Governor has s igned into law An Act Modernizing 
Tobacco Control, which immediately imposes restrict ions on the sale and distribution of 
certain electronic nicotine delivery systems and di rects DPH to promulgate regulations to  
regulate the sale of vaping products containing nic otine (electronic nicotine delivery systems or 
“ENDS”). 
 
 
New regulations promulgated by DPH today, as provid ed for in the Act, will implement the 
Department’s authority to regulate the sale of ENDS  and will include provisions specifying the 
circumstances under which the Commissioner may act to ban or restrict the sale of ENDS to 
protect the public health.  As a result, those new regulations will supersede the provisions of 
105 CMR 801.00.    
 
Based upon the restrictions on vaping adopted by th e Act and the new implementing 
regulations, the Department accordingly proposes th e previously issued emergency regulation, 
105 CMR 801.000, be rescinded on an emergency basis . Rescission of this regulation as an 
emergency is necessary because the continuance of t wo sets of regulations with directly 
conflicting provisions would be contrary to the pub lic interest and present risks to the public 
health due to confusion and legal conflict.  Accord ingly, observance of the requirements of 
notice and a public hearing would be contrary to th e public interest and immediate rescission of 
this regulation is necessary to preserve the public  health, safety or general welfare.   
 
 
The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.
The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.