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 665.010 - Sale of Tobacco Products and Electronic Nicotine Delivery Systems

Current through Register 1525, July 5, 2024
(A) No person shall sell or provide a tobacco
			 product 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
			 tobacco 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 and 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 retail tobacco store or smoking bar.
Retail establishments, including retail tobacco stores or
				smoking bars, may sell or provide unflavored electronic nicotine delivery
				systems with nicotine content less than or equal to 35 milligrams per
				milliliter. Prior to the sale of such 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
				agent in a form and manner specified by the Department indicating, at a
				minimum, the nicotine content 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
				manufacturer or the manufacturer's agent. The owner, retailer, or other person
				in charge of the retail 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 Health 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 tobacco product or tobacco product flavor enhancer,
			 except for a smoking bar for on-site consumption only in accordance with
			 federal law and regulations.
(E)
			 Prior to the sale of a tobacco product, a retail establishment other than a
			 smoking bar shall obtain documentation from the product's manufacturer 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 establishment may obtain such documentation
			 through a distributor, provided the distributor obtained such documentation
			 from the product manufacturer or the manufacturer's agent. The owner, retailer,
			 or other person in charge of the retail establishment must maintain record of
			 the certification documentation submitted by the manufacturer for each tobacco
			 product sold or offered for sale within the retail establishment, and provide
			 such records upon request of any authorized enforcement agent, including Boards
			 of Health or their agents and the Department or its agents.
(F) No person shall sell online, distribute
			 online, 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 with nicotine content less
			 than or equal to 35 milligrams per milliliter.