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 tobacco products, 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 2/21/2020
Department of Housing and Community Development 2/21/2020
4/24/2020Docket #  1,240
 41The 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 :
1419 06/12/2020
05/29/2020 RB06/12/2020May 29 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.
5/28/2020
vaping, nicotine, e-cigarettes, tobacco
Amend 105 CMR 665.000
91 & 92
3870.5 - 3870.1491 & 92
3870.5 - 3870.14Date amended small business impact statement was filed:
 42The 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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
Table of Contents 
Page 
105 CMR 620.000: BEDDING, UPHOLSTERED FURNITURE AND RELATED 
PRODUCTS 3761 
 Section 620.001: Definitions 3761 
 Section 620.002: Labeling 3762 
 Section 620.003: Sterilization 3763 
 Section 620.004: Licensing 3764 
 Section 620.005: General 3765 
(105 CMR 621.000 through 629.000:  RESERVED) 3775 
105 CMR 630.000: PLASTIC BAGS AND PLASTIC FILM 3791 
(105 CMR 631.000 through 649.000:  RESERVED) 3793 
105 CMR 650.000: HAZARDOUS SUBSTANCES 3821 
 Section 650.001: Purpose 3821 
 Section 650.002: Authority 3821 
 Section 650.003: Scope 3821 
 Section 650.004: Statutory Definitions 3821 
 Section 650.005: Supplemental Definitions 3825 
 Section 650.006: Incorporation of Findings Made Pur suant to the 
Federal Hazardous Substances Act, 15 USC § 1261 
et seq . (FHSA) 3825 
 Section 650.010: Hazardous Mixtures 3826 
 Section 650.015: Listing of Toxic Substances 3826 
 Section 650.016: Listing of Irritants 3826 
 Section 650.017: Listing of Hazardous Substances 382 6 
 Section 650.020: Listing of Banned Hazardous Substa nces 3826 
 Section 650.100: Substances Determined to be Specia l Hazards 3827 
 Section 650.105: Labeling of Tobacco Snuff 3827 
 Section 650.220: Repurchase of Banned Hazardous Sub stances 3827 
 Section 650.221: Modification or Replacement of Ban ned Hazardous 
Substances in Lieu  of Repurchase 3828 
 Section 650.990: Severability 3828 
9/23/16 105 CMR - 91
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
Table of Contents 
Page 
 (105 CMR 651.000 THROUGH 659.000:  RESERVED) 3841 
105 CMR 660.000: CIGARETTE AND SMOKELESS TOBACCO PRO DUCTS: 
REPORTS OF NICOTINE RATINGS 3861 
 Section 660.001: Purpose 3861 
 Section 660.003: Definitions 3861 
 Section 660.100: General Requirements for Annual Re ports by Manufacturers 3862 
 Section 660.102: Cigarette Nicotine Yield Rating Re porting Requirements 3862 
 Section 660.103: Smokeless Tobacco Products:  Nicot ine Yield Reporting 
Requirements 3863 
 Section 660.300: Severability 3864 
 Section 660.500: Testing Methods 3864 
 Section 660.600: Cigarette Nicotine Yield Rating Fo rm 3865 
105 CMR 661.000: REGULATIONS IMPLEMENTING M.G.L. c. 270, § 22 3869 
 Section 661.001: Purpose 3869 
 Section 661.002: Authority 3869 
 Section 661.003: Definitions 3869 
 Section 661.100: Smoking Restrictions in Membership  Associations 3869 
 Section 661.200: Smoking in Outdoor Spaces 3870 
 Section 661.300: Professional Testing Laboratories 3 870 
 Section 661.400: Enforcement 3870 
 (105 CMR 662.000 THROUGH 664.000:  RESERVED) 3870.3
 105 CMR 665.000: MINIMUM STANDARDS FOR RETAIL SALE OF TOBACCO 
AND ELECTRONIC NICOTINE DELIVERY SYSTEMS 3870.5 
 Section 665.005: Definitions 3870.5 
 Section 665.010: Sale of Tobacco Products and Elect ronic Nicotine Delivery 
Systems 3870.7 
 Section 665.013: Permitting Requirements 3870.8 
 Section 665.015: Required Signage 3870.8 
 Section 665.017: Advertising 3870.8 
 Section 665.020: Identification Requirements 3870.9 
 Section 665.025: Prohibition on Coupons and Other D iscounts 3870.9 
 Section 665.030: Out-of-package Sales 3870.9 
 Section 665.035: Liquid Nicotine Container Packagin g 3870.10 
 Section 665.040: Requirements for Retail Establishm ents 3870.10 
 Section 665.045: Violations 3870.10 
 Section 665.050: Order to Cease and Desist 3870.11 
 Section 665.055: Enforcement 3870.11 
 Section 665.057: Preemption 3870.13 
 Section 665.060: Severability 3870.13 
(105 CMR 666.000 THROUGH 669.000:   RESERVED) 3870.1 5 
6/12/20 105 CMR - 92
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
105 CMR 665.000: MINIMUM STANDARDS FOR RETAIL SALE O F TOBACCO AND 
ELECTRONIC NICOTINE DELIVERY SYSTEMS 
Section 
665.005:   Definitions 
665.010:   Sale of Tobacco Products and Electronic Nicotine Delivery Systems 
665.013:   Permitting Requirements 
665.015:   Required Signage 
665.017:   Advertising 
665.020:   Identification Requirements 
665.025:   Prohibition on Coupons and Other Discoun ts 
665.030:   Out-of-package Sales 
665.035:   Liquid Nicotine Container Packaging 
665.040:   Requirements for Retail Establishments 
665.045:   Violations 
665.050:   Order to Cease and Desist 
665.055:   Enforcement 
665.057:   Preemption 
665.060:   Severability 
665.005:   Definitions 
Board of Health  means the appropriate and legally designated healt h authority of the city, town, 
or other legally constituted governmental unit with in the Commonwealth having the usual 
powers and duties of the board of health of a city or town. 
Business Agent  means an individual who has been designated by the  owner or operator of any 
tobacco retail store or smoking bar to be the manag er or otherwise in charge of said 
establishment. 
Characterizing Flavor  means a distinguishable taste or aroma, other than  the taste or aroma of 
tobacco, imparted or detectable before or during co nsumption of a tobacco product including, 
but not limited to, a taste or aroma relating to an y fruit, chocolate, vanilla, honey, candy, cocoa, 
dessert, alcoholic beverage, menthol, mint, winterg reen, herb, or spice; provided, however, that 
no tobacco product shall be determined to have a ch aracterizing flavor solely because of the 
provision of ingredient information or the use of a dditives or flavorings that do not contribute 
to the distinguishable taste or aroma of the produc t. 
Child-resistant Packaging  means packaging intended to reduce the risk of a c hild ingesting 
nicotine and that meets the minimum standards of 16  C.F.R. 1700 et seq ., pursuant to 15 U.S.C. 
1471 through 1476. 
Coupon  means any card, paper, note, form, statement, tick et or other communication distributed 
for commercial or promotional purposes to be later surrendered by the bearer so as to receive an 
article, service or accommodation without charge or  at a discount price. 
Department  means the Massachusetts Department of Public Healt h. 
Distinguishable  means perceivable by either the sense of smell or taste. 
Electronic Nicotine Delivery System  means an electronic device, whether for one-time u se or 
reusable, that can be used to deliver nicotine or a nother substance to a person inhaling from the 
device including, but not limited to, electronic ci garettes, electronic cigars, electronic cigarillos,
electronic pipes, vaping pens, hookah pens and othe r similar devices that rely on vaporization 
or aerosolization; provided, however, that "electro nic nicotine delivery system" shall also include 
any noncombustible liquid or gel that is manufactur ed into a finished product for use in such 
electronic device; provided further, that "electron ic nicotine delivery system" shall also include 
any component, part, or accessory of a device used during the operation of the device even if the 
part or accessory was sold separately; provided fur ther, that "electronic nicotine delivery system" 
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 or for other medical purposes 
and is marketed and sold or prescribed exclusively for that approved purpose. 
6/12/20 105 CMR - 3870.5
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.005:   continued 
Flavored Tobacco Product  means any tobacco product, or component part there of that contains 
a constituent that has or produces a characterizing  flavor.  A public statement, claim or indicia 
made or disseminated by the manufacturer of a tobac co product, or by any person authorized or 
permitted by the manufacturer to make or disseminat e public statements concerning such tobacco 
product, that such tobacco product has or produces a characterizing flavor shall constitute 
presumptive evidence that the tobacco product is a Flavored Tobacco Product. 
Liquid Nicotine Container  means a package: 
(1)   from which nicotine or other substance in a s olution or other form is accessible through 
normal and foreseeable use by a consumer; and 
(2)   that is used to hold soluble nicotine or othe r substance in any concentration; provided 
however, that "liquid nicotine container" shall not  include a sealed, prefilled and disposable 
container of nicotine or other substance in a solut ion or other form in which the container is 
inserted directly into an electronic cigarette, ele ctronic nicotine delivery system or other 
similar product if the nicotine or other substance in the container is inaccessible through 
customary or reasonably foreseeable handling or use , including reasonably foreseeable 
ingestion or other contact by children. 
Listed or Non-discounted Price  means the higher of the price listed for a tobacco  product on its 
package or the price listed on any related shelving , posting, advertising or display at the place 
where the tobacco product is sold or offered for sa le plus all applicable taxes if such taxes are 
not included in the state price, and before the app lication of any discounts or coupons. 
Person  means any individual, firm, fiduciary, partnership , corporation, trust or association, 
however formed, or a club, trustee, agency or recei ver. 
Retail Establishment  means a physical place of business or a section of  a physical place of 
business in which a tobacco product is offered for sale to consumers. 
Retailer  means a person that operates a retail establishmen t. 
Retail Tobacco Store  means an establishment which is not required to po ssess a retail food 
permit whose primary purpose is to sell or offer fo r sale to consumers, but not for resale, tobacco 
products and paraphernalia, in which the sale of ot her products is merely incidental, and in which 
the entry of persons younger than 21 years old is p rohibited at all times, and maintains a valid 
permit for the retail sale of tobacco products as r equired to be issued by the appropriate authority 
in the city, town, or other legally constituted gov ernmental unit within the Commonwealth where 
the establishment is located. 
Smoking Bar  means an establishment that: 
(1)   exclusively occupies an enclosed indoor space  and is primarily engaged in the retail sale 
of tobacco products  for consumption by customers o n the premises only; 
(2)   derives revenue from the sale of food, alcoho l or other beverages that is incidental to the 
sale of a tobacco product and prohibits entry to a person younger than 21 years old; 
(3)   prohibits a food or beverage not sold directl y by the establishment from being consumed 
on the premises; 
(4)   maintains a valid permit for the retail sale of a tobacco product as required to be issued 
by the appropriate authority in the city, town, or other legally constituted governmental unit 
within the Commonwealth in which the establishment is located; and 
(5)   maintains a valid permit issued by the depart ment of revenue to operate as a smoking 
bar. 
6/12/20 105 CMR - 3870.6
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.005:   continued 
Tobacco Product  means a product containing, made or derived from t obacco or nicotine that is 
intended for human consumption, whether smoked, che wed, absorbed, dissolved, inhaled, 
snorted, sniffed or ingested by any other means inc luding, but not limited to, cigarettes, cigars, 
little cigars, chewing tobacco, pipe tobacco, snuff , electronic cigarettes, electronic cigars, 
electronic pipes, electronic nicotine delivery syst ems or any other similar products that rely on 
vaporization or aerosolization regardless of nicoti ne content in the product; provided, however, 
that ''tobacco product'' shall also include any com ponent, part or accessory of a tobacco product; 
and provided further, that ''tobacco product'' shal l not include a product that has been approved 
by the United States Food and Drug Administration f or the sale of or use as a tobacco cessation 
product and is marketed and sold exclusively for th e approved purpose. 
Tobacco Product Flavor Enhancer  means any product designed, manufactured, produced , 
marketed, or sold to produce a characterizing flavo r when added to any tobacco product. 
665.010:   Sale of Tobacco Products and Electronic Nicotine Delivery Systems 
(A)   No person shall sell or provide a tobacco pro duct to any individual younger than 21 years 
old, as verified by said person's valid government- issued photographic identification. 
(B)   Retail establishments other than retail tobac co stores or smoking bars shall not place any 
tobacco product on the counter, but shall place all  tobacco products for sale behind the counter 
where retail sales are made in the establishment an d out of the reach of consumers. 
(C)    No person shall sell an electronic nicotine delivery system with nicotine content greater 
than 35 milligrams per milliliter outside of a reta il tobacco store or smoking bar. 
Retail establishments, including retail tobacco sto res or smoking bars, may sell or provide 
unflavored electronic nicotine delivery systems wit h nicotine content less than or equal to 35 
milligrams per milliliter.  Prior to the sale of su ch a product in a retail establishment other than 
a retail tobacco store or smoking bar, such retail establishment shall obtain documentation from 
the product's manufacturer or the manufacturer’s ag ent in a form and manner specified by the 
Department indicating, at a minimum, the nicotine c ontent expressed as milligrams per milliliter 
for each electronic nicotine delivery system to be sold in the retail establishment.  A retail 
establishment may obtain such documentation through  a distributor, provided the distributor 
obtained such documentation from the product manufa cturer or the manufacturer’s agent.  The 
owner, retailer, or other person in charge of the r etail establishment must maintain record of the 
nicotine content submitted by the manufacturer for each electronic nicotine delivery system sold 
or offered for sale within the retail establishment , and provide such records upon request of any 
authorized enforcement agent, including Boards of H ealth or their agents and the Department or 
its agents. 
(D)   No person shall sell, distribute, cause to be  sold or distributed, or offer for sale to a 
consumer located in the Commonwealth a flavored tob acco product or tobacco product flavor 
enhancer, except for a smoking bar for on-site cons umption only in accordance with federal law 
and regulations. 
(E)   Prior to the sale of a tobacco product, a ret ail establishment other than a smoking bar shall 
obtain documentation from the product’s manufacture r or the manufacturer’s agent in a form and 
manner specified by the Department, certifying such  tobacco product does not meet the 
definition of a flavored tobacco product or tobacco  product flavor enhancer, and that the product 
lacks any characterizing flavor.  A retail establis hment may obtain such documentation through 
a distributor, provided the distributor obtained su ch documentation from the product 
manufacturer or the manufacturer’s agent.  The owne r, retailer, or other person in charge of the 
retail establishment must maintain record of the ce rtification documentation submitted by the 
manufacturer for each tobacco product sold or offer ed for sale within the retail establishment, 
and provide such records upon request of any author ized enforcement agent, including Boards 
of Health or their agents and the Department or its  agents. 
(F)   No person shall sell online, distribute onlin e, or cause to be sold or distributed online to any
consumer located in the Commonwealth, an electronic  nicotine delivery system, except for a 
non-flavored electronic nicotine delivery system wi th nicotine content less than or equal to 35 
milligrams per milliliter. 
6/12/20 105 CMR - 3870.7
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.013:   Permitting Requirements 
(A)   All retail tobacco stores and smoking bars sh all obtain prior to operation and shall maintain 
during any period of operation a municipal permit a llowing the sale or distribution of tobacco 
products. 
(B)   Retail tobacco stores and smoking bars in ope ration prior to December 11, 2019, and 
compliant with all then existing permitting require ments in the municipality in which they 
operate shall not be subject to 105 CMR 665.013(A),  unless the municipality in which they 
operate later imposes a municipal permitting requir ement applicable to such establishments. 
665.015:   Required Signage 
(A) All retail establishments, including smoking ba rs and retail tobacco stores, shall 
conspicuously post signage, in the form developed a nd made available by the Department.  Such 
signage shall include: 
(1)   a copy of M.G.L. c. 270, §§ 6 and 6A; 
(2)   referral information for smoking cessation re sources; 
(3)   a statement that sale of tobacco products, in cluding e-cigarettes, to someone  younger 
than 21 years old is prohibited; 
(4)   health warnings associated with using electro nic nicotine delivery systems; and 
(5)   except in the case of smoking bars, notice to  consumers that the sale of flavored tobacco 
products are prohibited at all times.  Such signage  shall be posted conspicuously in the retail 
establishment or other place in such a manner so th at it may be readily seen by a person 
standing at or approaching the cash register.  The notice shall directly face the purchaser and 
shall not be obstructed from view or placed at a he ight of less than four feet or greater than 
nine feet from the floor. 
(B)   In addition to the signage required by 105 CM R 665.015(A), smoking bars and retail 
tobacco stores shall post signage, in the form deve loped and made available  by the Department, 
on the exterior of the door providing entrance to t he tobacco retail store or smoking bar and such 
sign shall not be obstructed from view or placed at  a height of less than four feet or greater than 
nine feet from the bottom of the door.  Such signag e shall state that "No person younger than 21 
years old is permitted on the premises at any time. " 
(C)   In addition to the signage required by 105 CM R 665.015(A) and (B), all smoking bars and 
those retail tobacco stores that allow for on-site consumption of tobacco products shall post 
signage, in the form developed and made available b y the Department, on the exterior of the door 
providing entrance to the tobacco retail store or s moking bar and such sign shall not be 
obstructed from view or placed at a height of less than four feet or greater than nine feet from 
the bottom of the door.  Such signage shall warn pe rsons entering that smoking and vaping may 
be present on the premises, and provide information  concerning the health risks associated with 
second hand smoke and the use of tobacco products, including electronic nicotine delivery 
systems. 
(D)   The owner, retailer, or other person in charg e of a retail establishment shall conspicuously 
post any additional signs required by the Departmen t in a form and manner as required by the 
Department. 
(E)   Any person who violates 105 CMR 665.015 shall  be subject to the provisions of 105 CMR 
665.045; provided that any retail establishment who  violates 105 CMR 665.015(A)(1) or 
105 CMR 665.015(A)(2) shall additionally be subject  to a fine of not more than $50.  Any person 
found to have unlawfully removed a copy of the post ings required by 105 CMR 665.015(A)(1) 
or 105 CMR 665.015(A)(2) shall be punished by a fin e of $10.00. 
665.017:   Advertising 
   No person or retail establishment shall: 
(A)   Market or advertise the proposed sale or dist ribution of any tobacco product prohibited for 
sale or distribution within the retail establishmen t or by such person; 
6/12/20 105 CMR - 3870.8
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.017:   continued 
(B)   Use fraudulent or misleading statements in ad vertisements for tobacco products, including 
the use of any safety or efficacy claims that have not been approved by the United States Food 
and Drug Administration; or 
(C)   Use or display tobacco product advertisements  that depict celebrities, mascots, 
sponsorships, cartoons, or any other similar endors ements. 
665.020:   Identification Requirements 
(A)   Unless otherwise specified in 105 CMR 665.000 , each person selling or providing  tobacco 
products shall verify the age of the purchaser by m eans of a valid government-issued 
photographic identification containing the bearer's  date of birth that the purchaser is 21 years of 
age or older, as verified by said person's proof of  identification. 
(B)   In addition to the requirements of 105 CMR 66 5.020(A), an employee of a retail tobacco 
store or smoking bar must inspect the individual's valid government-issued photographic 
identification and determine the individual's age p rior to said individual entering said tobacco 
retail store or smoking bar.  An individual shall n ot be admitted to the tobacco retail store or 
smoking bar, unless the employee has verified that the individual is 21 years of age or older as 
verified by said person's proof of identification. 
(C)   Mail-order or internet sales shall require ve rification that the purchaser is 21 years of age 
or older.  Verification of age through the mail or internet shall consist of, at a minimum: 
(1)   verification that the purchaser is 21 years o f age or older through a commercially 
available database, or aggregate of databases, that  is regularly used by government and 
business for the purpose of age and identity verifi cation; and 
(2)   use of a method of mailing, shipping, or deli very that requires signature of a person who 
is 21 years of age or older before the shipping pac kage is released. 
(3)   Any information required to complete the age verification process must be requested on 
a form separate from that used to collect payment i nformation, shall not include personal 
information as defined by M.G.L. c. 93H, and shall not be used for any purposes other than 
age verification. 
665.025:   Prohibition on Coupons and Other Discoun ts 
No person shall accept or redeem, offer to accept o r redeem, or cause or hire any person to 
accept or redeem or offer to accept or redeem any c oupon that provides any tobacco product 
without charge or for less than the listed or non-d iscounted price.  No retail establishment that 
is not a retail tobacco store or smoking bar, or an y other establishment shall distribute or cause 
to be distributed a free sample of a tobacco produc t. 
665.030:   Out-of-package Sales 
(A)   The sale of tobacco products, as defined in 1 05 CMR 665.000, in any form other than an 
original factory wrapped package is prohibited, inc luding the repackaging or dispensing of any 
tobacco product for retail sale. 
(B)   No person shall refill a cartridge that is pr efilled and sealed by the manufacturer and not 
intended to be opened by the consumer or retailer. 
6/12/20 105 CMR - 3870.9
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.035:   Liquid Nicotine Container Packaging 
No person shall knowingly sell or provide: 
(A)   A liquid or gel substance containing nicotine , unless the substance is contained in child- 
resistant packaging; or 
(B)  A liquid nicotine container, unless the contai ner includes child-resistant packaging as 
part of its design. 
665.040:   Requirements for Retail Establishments 
A retail establishment operating on or after Decemb er 11, 2019 must meet the following 
requirements: 
(A)   Only establishments with a permanent, non-mob ile location are eligible to operate. 
(B)   Operation of a retail establishment shall be conditioned on the retailer's or retail 
establishment owner's consent to unannounced, perio dic inspections of his or her retail 
establishment and tobacco products to ensure compli ance with 105 CMR 665.000 and any 
applicable local regulations, orders, or ordinances . 
(C)   A retail establishment shall be prohibited fr om selling tobacco products if the retailer or 
owner of the retail establishment has failed to pay  all fines issued and the time period to appeal 
the fines has expired and/or the retail establishme nt has not satisfied any outstanding orders 
issued pursuant to 105 CMR 665.000. 
(D)   Sale of a tobacco product by a retail establi shment to a person younger than 21 years old 
shall result in the retail establishment being proh ibited from selling tobacco products for up to 
30 consecutive business days, or for a longer term as enacted, adopted, or promulgated in a rule, 
regulation or other measure by the appropriate and legally designated health authority of the city, 
town, or other legally constituted governmental uni t within the Commonwealth. 
 
665.045:   Violations 
Unless otherwise specified or provided for in 105 C MR 665.000, violations of 105 CMR 
665.000 shall be assessed as follows: 
(A)   It shall be the responsibility of any person to ensure compliance with 105 CMR 665.000. 
If an inspection pursuant to 105 CMR 665.000 reveal s a retail establishment, retailer, and/or his 
or her business agent does not comply with the prov isions of 105 CMR 665.000, the retail 
establishment shall be ordered to comply with the v iolated provision of 105 CMR 665.000.  In 
addition to the correction order, the following fin es and actions apply against any person who 
violates 105 CMR 665.000, provided, however, that s uch fines and actions related to any 
violation within a retail establishment shall apply  against the retailer and/or his or her business 
agent and not an employee thereof: 
(1)   In the case of a first violation, a fine of $ 1,000 shall be imposed. 
(2)   In the case of a second violation within a pe riod of 36 months from the first violation, 
a fine of $2,000 shall be imposed; and a prohibitio n on the sale of tobacco products may be 
imposed for at least one day and up to seven consec utive business days, or for a longer term 
as enacted, adopted, or promulgated in a rule, regu lation or other measure by the appropriate 
and legally designated health authority of the city , town, or other legally constituted 
governmental unit within the Commonwealth. 
(3)   In the case of a third violation within a per iod of 36 months from the first violation or 
additional violations during that time period, a fi ne of $5,000 shall be imposed; and a 
prohibition on the sale of tobacco products may be imposed for at least seven consecutive 
business days and up to 30 consecutive business day s, or for a longer term as enacted, 
adopted, or promulgated in a rule, regulation or ot her measure by the appropriate and legally 
designated health authority of the city, town, or o ther legally constituted governmental unit 
within the Commonwealth. 
6/12/20 105 CMR - 3870.10
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.045:   continued 
(B)   Failure to cooperate with inspections pursuan t to 105 CMR 665.000 shall result in the 
prohibition on the sale of tobacco products for up to 30 consecutive business days, or for a longer 
term as enacted, adopted, or promulgated in a rule,  regulation or other measure by the 
appropriate and legally designated health authority  of the city, town, or other legally constituted 
governmental unit within the Commonwealth. 
(C)   Failure to pay a fine imposed pursuant to 105  CMR 665.000 shall constitute a separate 
violation of 105 CMR 665.000 subject to the penalti es set forth at 105 CMR 665.045(A). 
(D)   Consistent with 105 CMR 665.055, a retail est ablishment shall be provided notice of the 
intent to prohibit the sale of tobacco products at or by the retail establishment.  The notice shall 
contain the reasons therefor and establish a time a nd date for a hearing.  The retail establishment, 
retailer or his or her business agent shall have an  opportunity to be heard at such hearing and 
shall be notified of the decision regarding the ret ail establishment's prohibition from selling 
tobacco products and the reasons therefor in writin g.  After a hearing, the retail establishment 
may be prohibited from selling tobacco products upo n a finding that a violation of 105 CMR 
665.000 for which such prohibition is applicable oc curred.  All tobacco products shall be 
removed from the retail establishment upon an indef inite suspension from operating as a retail 
establishment.  Failure to remove all tobacco produ cts shall constitute a separate violation of 
105 CMR 665.000. 
(E)   Separate Violations .  Each day any violation of 105 CMR 665.000 exists  shall be deemed 
to be a separate offense. 
665.050:   Order to Cease and Desist 
(A)   An Order to Cease and Desist may be issued by  the Department or Board of Health to a 
person or a business agent of a retail establishmen t upon the regulatory authority's reasonable 
belief that: 
(1)   A person is conducting sales of tobacco produ cts in violation of the law, regulations, 
and/or standards applicable to it; 
(2)    A person refuses access to the premises and/ or records to authorized enforcement 
agents; 
(3)   A person or retail establishment is operating  in a manner that may pose an imminent 
danger to the public health; 
(4)   A retail establishment has failed to comply w ith a correction order within the time 
specified; or 
(5)   A retail establishment is operating in a mann er that is unsafe or otherwise below the 
accepted standards for the type of operation and su mmary closure is authorized by statute on 
these grounds. 
(B)   Service of Orders to Cease and Desist shall b e on the person or retail establishment or 
business agent of the retail establishment by: 
(1)   Personal delivery by an agent of the regulato ry agency; 
(2)   Posting in a conspicuous place at the retail establishment; 
(3)   Simultaneously mailing, by first class and ce rtified mail return receipt requested; or 
(4)   By any officer of the Commonwealth authorized  to make service. 
Notice is deemed to be served if the person or reta il establishment or business agent of the 
retail establishment has actual notice of the Order  to Cease and Desist. 
665.055:   Enforcement 
(A)   No provision of 105 CMR 665.055 shall be cons trued as a limitation on the emergency 
powers of the Department of Public Health of the Co mmonwealth or its Commissioner. 
(B)  Local Enforcement .
 (1)   General Procedures .  Unless otherwise expressly provided in any gener al law to the 
contrary, each board of health may enforce 105 CMR 665.000, or otherwise at law or in 
equity in the same manner that local rules and regu lations are enforced. 
6/12/20 105 CMR - 3870.11
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.055:   continued 
(2)   Emergency Procedures .  Whenever an emergency related to tobacco product s exists in 
which the interest of protecting the public health requires that ordinary procedures be 
dispensed with, the board of health or its authoriz ed agent, acting in accordance with the 
provisions of M.G.L. c. 111, § 30, may, without not ice or hearing, issue an order reciting the 
existence of the emergency and requiring that such action be taken as the board of health 
deems necessary to meet the emergency.  Any person to whom such order is directed shall 
comply therewith within the time specified in the o rder, provided, however, that such fines 
and actions related to any violation within a retai l establishment shall apply against the 
retailer and/or his or her business agent and not a n employee thereof.  Each day's failure to 
comply with the order shall constitute a separate o ffense.  Upon compliance with the order 
and within seven days after the day the order has b een served, he or she may file a written 
petition in the office of the board of health reque sting a hearing.  He or she shall be granted 
a hearing as soon as possible, but not later than t en days after the filing of the petition.  The 
procedures for such hearing shall otherwise conform  with the hearing requirements which 
would have existed had the order been issued under nonemergency circumstances. 
(C)   Complaints .  Any person who desires to register a complaint p ursuant to 105 CMR 665.000 
may do so by contacting the Board of Health or its designated agent(s) in the city, town, or other 
legally constituted governmental unit within the Co mmonwealth where the retail establishment 
is located. 
(D)   State Enforcement .
(1)   Whenever any Board of Health has failed after  a reasonable length of time to enforce 
105 CMR 665.000 the Commissioner of Public Health o f the Commonwealth or his or her 
designated representative may act for the Commonwea lth in any way that the local board of 
health is authorized to act to effect compliance. 
(2)  Upon the determination by the federal Food and  Drug Administration or the federal 
Centers for Disease Control and Prevention or other  regulatory authority that an electronic 
nicotine delivery system has been shown by substant ial epidemiologic, laboratory, or other 
evidence to be the cause of an imminent danger to p ublic health, the Commissioner of Public 
Health may place a ban or restriction on the sale o f such electronic nicotine delivery system. 
(E)  Service of Orders .
(1)   Unless otherwise stated in 105 CMR 665.000, o rders issued under the provisions of 
105 CMR 665.000 shall be served on all persons resp onsible for the violation, provided, 
however, that such fines and actions related to any  violation within a retail establishment 
shall apply against the retailer and/or his or her business agent and not an employee thereof. 
(2)   These orders shall be served in the following  manner: 
(a)   personally, by any person authorized to serve  civil process; 
(b)   by any person authorized to serve civil proce ss by leaving a copy of the order at his 
or her last and usual place of abode; 
(c)  by sending him a copy of the order by register ed or certified mail, return receipt 
requested, if he is within the Commonwealth; or 
(d)   if his or her last and usual place of abode i s unknown or outside the Commonwealth, 
by posting a copy of the order in a conspicuous pla ce on or about the premises and by 
advertising it for at least three out of five conse cutive days in one or more newspapers 
of general circulation within the municipality wher ein the building or premises affected 
is situated. 
(F)  Hearings .
(1)   Procedure for Requesting and Holding Hearing .  Unless otherwise specified in 
105 CMR 665.055(F), the person or persons to whom a ny order has been served pursuant to 
any section of 105 CMR 665.000 may request a hearin g before the Board of Health or the 
Department, as applicable, by filing with the Board  of Health or the Department, as 
applicable, within seven days after the day the ord er was served, a written petition requesting 
a hearing on the matter.  Upon receipt of such peti tion, the Board of Health or the 
Department, as applicable, shall set a time and pla ce for such hearing and shall inform the 
petitioner thereof in writing. 
6/12/20 105 CMR - 3870.12
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
665.055:   continued 
The hearing shall be commenced not later than 30 da ys after the day on which the order was 
served.  The Board of Health or the Department, as applicable, upon application of the 
petitioner, may postpone the date of hearing for a reasonable time beyond such 30-day period 
if in the judgment of the Board of Health or the De partment, as applicable, the petitioner has 
submitted a good and sufficient reason for such pos tponement. 
(2)   Hearing of Petitioner .  At the hearing, the petitioner shall be given an  opportunity to be 
heard and to show why the order should be modified or withdrawn. 
(3)  Procedure by the Board after Hearing .  After the hearing the Board of Health or the 
Department, as applicable, shall sustain, modify, o r withdraw the order and shall inform the 
petitioner in writing of its decision.  If the Boar d of Health or the Department, as applicable, 
sustains or modifies the order, it shall be carried  out within the time period allotted in the 
original order or in the modification. 
(4)   Public Record .  Every notice, order, or other record prepared by  the Board of Health or 
the Department, as applicable, connection with the hearing shall be entered as a matter of 
public record in the office of the clerk of the cit y, town, other legally constituted 
governmental unit within the Commonwealth, or in th e office of the Board of Health or the 
Department, as applicable. 
(5)   Hearing Petition Not Submitted or Sustaining of Order .  If a written petition for a 
hearing is not filed with the board of health withi n seven days after the day an order has been 
served or if after a hearing the order has been sus tained in any part, each day's failure to 
comply with the order as issued or modified shall c onstitute an additional offense. 
(G)   Judicial Appeals .  Any person aggrieved by the final decision of th e Board of Health or the 
Department, as applicable, with respect to any orde r or other action taken with respect to 
105 CMR 665.000 may seek relief therefrom in any co urt of competent jurisdiction, as provided 
by the laws of this Commonwealth. 
665.057:   Preemption 
The provisions of 105 CMR 665.000 shall not limit t he right of an appropriate authority in 
a city or town to adopt rules and regulations as ma y be necessary; provided, however, that such 
a rule or regulation shall not conflict with regula tions promulgated by the department or state or 
federal law. 
665.060:   Severability 
If any provision of 105 CMR 665.000 is declared inv alid or unenforceable, the other 
provisions shall not be affected thereby, but shall  continue in full force and effect. 
REGULATORY AUTHORITY 
105 CMR 665.000: St. 2018, c. 157, §§ 17 through 19;  M.G.L. c. 111, § 239; and 
M.G.L. c. 270, §§ 6, 7, and 27 through 29. 
6/12/20 105 CMR - 3870.13
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.105 CMR:   DEPARTMENT OF PUBLIC HEALTH 
NON-TEXT PAGE 
6/12/20 105 CMR - 3870.14
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.