Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems › Section 665.005 - Definitions

Current through Register 1525, July 5, 2024
Board of Health
means the appropriate
				and legally designated health authority of the city, town, or other legally
				constituted governmental unit within 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 manager 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 consumption of a tobacco product
				including, but not limited to, a taste or aroma relating to any fruit,
				chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol,
				mint, wintergreen, herb, or spice; provided, however, that no tobacco product
				shall be determined to have a characterizing flavor solely because of the
				provision of ingredient information or the use of additives or flavorings that
				do not contribute to the distinguishable taste or aroma of the product.
Child-resistant Packaging
means
				packaging intended to reduce the risk of a child 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, ticket 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 Health.
Distinguishable
means perceivable by
				either the sense of smell or taste.
Electronic Nicotine Delivery System
means an electronic device, whether for one-time use or reusable, that can be
				used to deliver nicotine or another substance to a person inhaling from the
				device including, but not limited to, electronic cigarettes, electronic cigars,
				electronic cigarillos, electronic pipes, vaping pens, hookah pens and other
				similar devices that rely on vaporization or aerosolization; provided, however,
				that "electronic nicotine delivery system" shall also include any
				noncombustible liquid or gel that is manufactured into a finished product for
				use in such electronic device; provided further, that "electronic 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 further, 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.
Flavored Tobacco Product
means any
				tobacco product, or component part thereof 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 tobacco product, or by any person
				authorized or permitted by the manufacturer to make or disseminate 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 solution or
				other form is accessible through normal and foreseeable use by a consumer;
				and
(2) that is used to hold soluble nicotine or other 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 solution or other form in which the container is inserted
				directly into an electronic cigarette, electronic 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 sale plus all applicable
				taxes if such taxes are not included in the state price, and before the
				application of any discounts or coupons.
Person
means any individual, firm,
				fiduciary, partnership, corporation, trust or association, however formed, or a
				club, trustee, agency or receiver.
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 establishment.
Retail Tobacco Store
means an
				establishment which is not required to possess a retail food permit whose
				primary purpose is to sell or offer for sale to consumers, but not for resale,
				tobacco products and paraphernalia, in which the sale of other products is
				merely incidental, and in which the entry of persons younger than 21 years old
				is prohibited at all times, and maintains a valid permit for the retail sale of
				tobacco products as required to be issued by the appropriate authority in the
				city, town, or other legally constituted governmental 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 on the premises only;
(2) derives revenue from the sale of food, alcohol 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 directly 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 department of
				revenue to operate as a smoking bar.
Tobacco Product
means 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 regardless of nicotine content in the product; 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.
Tobacco Product Flavor Enhancer
means
				any product designed, manufactured, produced, marketed, or sold to produce a
				characterizing flavor when added to any tobacco product.