Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.03 - Definitions

Current through Register 1525, July 5, 2024
Adult-Only Retail Facility
means a
				facility where the retailer ensures that no person younger than 18 years old is
				present or permitted to enter at any time.
Advertisement
(including the terms
				"advertise" and "advertising") means any oral, written, graphic, or pictorial
				statement, made by, or on behalf of, any person who manufactures, packages,
				imports for sale or distributes or sells within Massachusetts cigars or little
				cigars, the purpose or effect of which is to promote the use or sale of the
				product. Advertisement includes, without limitation, any picture, logo, symbol,
				motto, selling message, graphic display or visual image of any kind,
				recognizable color or pattern of colors, or any other indicia of product
				identification identical or similar to, or identifiable with, those used for
				any brand of cigar or little cigars. This includes, without limitation,
				utilitarian items and permanentor semi-permanent fixtures with such indicia of
				product identification such as lighting fixtures, awnings, display cases,
				clocks and door mats, but does not include utilitarian items with a volume of
				200 cubic inches or less. The terms "advertisement," "advertise," and
				"advertising" shall be interpreted in a manner which is consistent with the
				definition of the same terms in the Attorney General's Retail Advertising
				Regulations,
				940 CMR
				6.00.
Brand Name
means a brand name (alone
				or in conjunction with any other word), trademark, logo, symbol, motto, selling
				message, recognizable pattern of colors, or any other indicia of product
				identification identical or similar to, or identifiable with, those used for
				any brand of cigars or little cigars.
Cigar
means any roll of tobacco
				wrapped in either leaf tobacco or any substance containing tobacco (other than
				any roll of tobacco which is a cigarette within the meaning of the Federal
				Cigarette Labeling and Advertising Act,
				15 U.S.C.
				§§
									1331
et seq
.),
				and as to which 1,000 units weigh more than three pounds.
Clear and Conspicuous
shall be defined
				in a manner which is consistent with the definition provided by the applicable
				sections of the Attorney General's Retail Advertising Regulations,
				940 CMR
				6.00.
Distributor
means any person who
				furthers the distribution of cigars or little cigars, whether domestic or
				imported, at any point from the original place of manufacture to the person who
				sells or distributes the product to individuals for personal
				consumption.
Hand rolled cigar
means any cigar
				which is not a manufactured cigar.
Little cigar
means any roll of tobacco
				wrapped in leaf tobacco or any substance containing tobacco (other than any
				roll of tobacco which is a cigarette within the meaning of the Federal
				Cigarette Labeling and Advertising Act,
				15 U.S.C.
				§§
									1331
et seq
.)
				and as to which one thousand units weigh not more than three pounds.
Manufactured cigar
means any roll of
				tobacco wrapped by machine in leaf tobacco or in any substance containing
				tobacco (other than any roll of tobacco which is a cigarette within the meaning
				of the Federal Cigarette Labeling and Advertising Act,
				15 U.S.C.
				1331
et seq
.).
Manufacturer
means any person,
				including any repacker and/or relabeler, who manufactures, fabricates,
				assembles, processes, or labels a finished cigar or little cigar.
Package
means a pack, box, carton,
				container or individual wrapping of any kind in which cigars or little cigars
				are offered for sale, sold, or otherwise distributed to consumers.
Playground
means any outdoor premises
				or grounds owned or lawfully operated by or on behalf of, the State, any State
				agency, or any political subdivision of the State, or any public, private or
				parochial school, any child day care center or any youth center, which contains
				any device, structure or implement, fixed or portable, used or intended to be
				used by persons under the age of 18 for recreational or athletic purposes
				including, but not limited to, play equipment such as a sliding board, swing,
				jungle gym, sandbox, climbing bar, wading pool, obstacle course, swimming pool,
				see-saw, baseball diamond, athletic field, or basketball court.
Point of sale
means any location at
				which a consumer can purchase or otherwise obtain cigars or little cigars for
				personal consumption.
Retailer
means any person who sells
				cigars or little cigars to individuals in Massachusetts for personal
				consumption, or who operates a facility located within Massachusetts where
				vending machines are located.
Sale or distribution
shall be defined
				to include sampling or any other distribution not for sale.
Secret shopper program
shall be
				defined to include, at a minimum, six visits per year to a retail sales outlet
				by a person retained by a retailer, where the person poses as a customer in
				order to ensure compliance by the outlet's employees with laws prohibiting the
				sale of tobacco to minors, with each visit made on a different day and at a
				different time, and, where practical, to a different outlet
				employee.