Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 21.00 - Sales And Distribution Of Cigarettes, Smokeless Tobacco Products And Electronic Smoking Devices In Massachusetts › Section 21.03 - Definitions

Current through Register 1525, July 5, 2024
Adult-only Retail Facility
means a
				facility where the retailer ensures that no person younger than the Minimum
				Legal Sales Age is present or permitted to enter at any time.
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 cigarette, smokeless tobacco, or electronic smoking
				devices.
Cigarette
shall be defined as that
				term is defined in the Federal Cigarette Labeling and Advertising Act, 15
				U.S.C. §§ 1331
et seq
.
Distributor
means any person who
				furthers the distribution of cigarettes, smokeless tobacco, or electronic
				smoking devices 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.
Electronic Smoking Device
means any
				product that can deliver nicotine to the user through inhalation of vapor.
Electronic Smoking Device
includes any component part
				of such product, including liquid for use in the device regardless of whether
				the liquid contains nicotine, whether or not sold separately, and does not
				include any product that has been approved by the United States Food and Drug
				Administration for sale as a tobacco cessation product and is being marketed
				and sold solely for the approved purpose.
Manufacturer
means any person,
				including any repacker and/or relabeler, who manufactures, fabricates,
				assembles, processes, or labels a finished cigarette, smokeless tobacco
				product, or electronic smoking device.
Minimum Legal Sales Age
means the age
				an individual must be before that individual can be sold cigarettes, smokeless
				tobacco products, or electronic smoking devices as established by statute,
				regulation, by-law or local ordinance which in no instance shall be younger
				than 18 years old.
Package
means a pack, box, carton,
				pouch, or container of any kind in which cigarettes, smokeless tobacco
				products, or electronic smoking devices, are offered for sale, sold, or
				otherwise distributed to consumers.
Point of Sale
means any location at
				which a consumer can purchase or otherwise obtain cigarettes, smokeless tobacco
				products, or electronic smoking devices, for personal consumption.
Retailer
means any person who sells
				cigarettes, smokeless tobacco products, or electronic smoking devices 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 the exchange
				of cigarettes, smokeless tobacco, or electronic smoking devices for money and
				the sampling or any other distribution of cigarettes, smokeless tobacco, or
				electronic smoking devices 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 the outlet's employees compliance with laws and/or local
				ordinances prohibiting the sale of cigarettes, smokeless tobacco products, or
				electronic smoking devices to minors, with each visit made on a different day
				and at a different time, and, where practical, to a different outlet
				employee.
Smokeless Tobacco
shall be defined as
				that term is defined in the Federal Comprehensive Smokeless Tobacco Health
				Education Act of 1986, 15 U.S.C. §§ 4401
et
				seq
.