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 665.000
Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery 
Systems
Establishes standards for retail sale of tobacco products and electronic nicotine delivery systems, 
restricting sale and distribution of all flavored electronic nicotine delivery systems, including mint and 
menthol-flavored products, to age restricted locations and establishing the circumstances under 
which sales of electronic nicotine delivery systems can be banned or restricted if necessary to protect 
public health.
St. 2018, c. 157, §§ 17-19; M.G.L. c. 111, § 239; and M.G.L. c. 270, §§ 6, 7 
and 27-29
Sophia Apostola 617-624-5256
250 Washington Street, Boston, MA 02108
Massachusetts Municipal Association 12/11/2019
Department of Housing and Community Development 12/ 11/2019
1/17/2020Docket #  1,239
 50The 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 :
1412 03/06/2020
02/21/2020 RB03/06/2020Feb 21 2020 Private sector approx. $34M of lost sales in FY20, $76M in FY21; public sector: 
$175K annually.
Private sector approx. $80M lost sales annually after first 2 fiscal years; 
public sector $175K annually.
2/18/2020
vaping, nicotine, e-cigarettes, tobacco
Amend 105 CMR 665.000
91 & 92
3870.3 & 3870.491 & 92
3870.3 - 3870.16Date amended small business impact statement was filed:
 51The 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.