reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 18.00 - Viatical Settlements And Viatical Loans › Section 18.03 - Definitions

Current through Register 1525, July 5, 2024
Advertisement
(including the terms "advertise" and
				"advertising") 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, and means any oral, written, graphic, or
				pictorial statement made by a Viatical Settlement Company, Broker, Provider, or
				Representative, or Viatical Loan Company, Broker, Provider, or Representative
				in any manner in the course of the solicitation of business. Advertisement
				includes any representations made in a newspaper, magazine, or other
				publication or on radio or television or contained in any notice, handbill,
				sign, billboard, banner, poster, display, circular, pamphlet, catalog, or
				letter. Advertisement includes any representation disseminated within
				Massachusetts if the advertisement is directed to consumers in
				Massachusetts.
Certificate
means any certificate of group life
				insurance or other evidence of coverage under a life insurance policy.
				"Certificateholder" means the Person who owns such a certificate or other
				indicia of coverage under a life insurance policy.
Clear and conspicuous
(including the terms "
clearly and conspicuously
") 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. 940 CMR 6.00
				provides that clear and conspicuous (including the terms "clearly and
				conspicuously") shall mean that: the material representation being disclosed is
				of such size, color, contrast, or audibility and is presented as to be readily
				noticed and understood by a reasonable person to whom it is being
				disclosed.
Without limiting the requirements of the preceding sentence,
				940 CMR 6.00 states that a representation in an advertisement is not clear and
				conspicuous unless:
(a) for a printed,
			 written, typed or graphic advertisement, such material representation appears
			 in type which is at least 1/3 the size of the largest type of information which
			 it modifies and is a minimum of eight point type;
(b) for the video of a television
			 advertisement, such material representation:
1. is displayed in type not less than 14 scan
			 lines in height;
2. contains
			 letters of a color or shade that noticeably contrast with the background, and
			 the background does not consist of colors and/or images which obscure or
			 detract attention from the representation or are disparaging to its meaning or
			 importance; and
3. appears on the
			 screen for a duration equal to at least one second for every three words of the
			 material representation but not less than a total of five seconds.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 18.00 - Viatical Settlements And Viatical Loans › Section 18.04 - Advertising Practices

Current through Register 1525, July 5, 2024
(1) It is an
			 unfair or deceptive act or practice for a Viatical Settlement Provider or
			 Broker, or Viatical Loan Provider or Broker to make any representation or
			 statement of fact in an advertisement if the representation or statement is
			 false or misleading or has the tendency or capacity to be misleading, or if the
			 Viatical Settlement Provider or Broker, or Viatical Loan Provider or Broker
			 does not have sufficient information upon which a reasonable belief in the
			 truth of the representation or statement could be based.
(2) It is an unfair or deceptive act or
			 practice for a Viatical Settlement Provider or Broker, or Viatical Loan
			 Provider or Broker to advertise without clearly and conspicuously disclosing
			 its business name.
(3) It is an
			 unfair or deceptive act or practice for a Viatical Settlement Provider or
			 Broker, or Viatical Loan Provider or Broker, to advertise itself as "licensed,"
			 in a state in which it is not licensed, including, if applicable,
			 Massachusetts, without accompanying information regarding the state(s) in which
			 it is licensed.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 18.00 - Viatical Settlements And Viatical Loans › Section 18.08 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 18.00 or the
				application of such provision to any person or circumstances is held to be
				invalid, the validity of the remainder of
				940 CMR 18.00 and the
				applicability of such provision to other persons or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity › Section 19.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General has determined that the promulgation of
				regulations is necessary in a competitive electricity market in order to
				protect Massachusetts consumers from unfair or deceptive acts or practices and
				to provide retail electricity sellers and marketers with notice of the
				illegality of such acts or practices. The Attorney General promulgates
				940 CMR 19.00 pursuant to the
				authority granted by M.G.L. c. 164, § 102C(a) and M.G.L. c. 93A, §
				2(c). Any violation of any provision of
				940 CMR 19.00 shall be a
				violation of M.G.L. c. 93A, § 2(a).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity › Section 19.04 - Misrepresentations Prohibited

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act or practice for a retail
				seller of electricity to make any material representation to the public or to
				any consumer, either directly or through any type of marketing or agreement, or
				through the use of any misleading ·symbol or representation, which the
				seller knows or should know has the capacity or tendency to deceive or mislead
				a reasonable consumer, or that has the effect of deceiving or misleading a
				reasonable consumer, in any material respect, including but not limited to
				representations relating to:
(a) the
			 quality, environmental or other characteristics, or source of any product or
			 service being offered for sale by any retail seller of electricity.
(b) the business relationship between any
			 retail seller of electricity and any distribution company.
(c) benefits to the consumer arising from the
			 business relationship between a retail seller of electricity and a distribution
			 company.
(d) any term of any
			 agreement to be entered into by the retail seller of electricity and a
			 consumer.
(e) the distribution
			 price, the generation price or the total delivered price of electricity or the
			 price of any related electricity products or service to be charged to a
			 consumer.
(f) the likelihood that a
			 consumer will be able to purchase electricity or related products or services
			 at a particular price, where the price depends upon the level of the consumer's
			 electricity usage or any other variable.
(g) the difference between any price being
			 charged by any retail seller of electricity, including a distribution company,
			 and any price being charged by any other retail seller of electricity,
			 including a distribution company.
(h) the amount of money to be saved by a
			 consumer, expressed in any manner, if a consumer chooses one retail seller of
			 electricity, including a distribution company, over any other entity selling
			 electricity.
(i) the time period
			 during which any offered price will be available.
(j) the period of time for which any price
			 will remain in effect.
(k) the
			 informational disclosures required to be provided by
			 220 CMR
			 11.06 including but not limited to the
			 electricity information label.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity › Section 19.06 - Other Unfair or Deceptive Acts or Practices

Current through Register 1525, July 5, 2024
(1) It is an unfair or deceptive act or
			 practice for a retail seller of electricity to:
(a) fail to provide to a consumer relevant,
			 material facts to substantiate any material representation including those
			 representations required to be provided by
			 220 CMR
			 11.06, made by the retail seller of
			 electricity, upon request.
(b)
			 refuse to provide any electricity product or service to a consumer at the price
			 that, and upon such terms as, the retail seller of electricity has offered and
			 the consumer has accepted for such product or service.
(c) offer to sell electricity to a consumer
			 at a price that is lower than the retail seller of electricity will actually
			 agree to accept, for the purpose of obligating the consumer to accept and pay
			 for the delivery of electricity at a price higher than that offered.
(d) replace or arrange to replace a
			 consumer's current provider of electricity service with its own service or with
			 the service of any other retail seller of electricity, without the consumer's
			 express, affirmative consent, except as provided by M.G.L. c. 164, § 1B(d)
			 or M.G.L. c. 164, § 134.
(e)
			 refuse, for any unlawful reason, to sell electricity to any consumer who seeks
			 to purchase electricity from a retail seller of electricity.
(f) continue to offer to sell electricity to
			 a consumer with the intent to take advantage of the limited or impaired ability
			 of such consumer to understand the essential sum and substance of the
			 transaction, with intent to defraud the consumer.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity › Section 19.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 19.00 is held
				invalid, it shall not affect the validity of any other provision of
				940 CMR 19.00. If the
				application of any provision of
				940 CMR 19.00 to any person
				or entity, or under any particular circumstance is held to be invalid, it shall
				not affect the validity of the application of the provision to any other person
				or entity or under any other circumstance.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 20.00 - Employee Leave For Certain Family Obligations › Section 20.01 - In General

Current through Register 1525, July 5, 2024
An employer may require that a request for leave under M.G.L.
				c. 149, § 52D(e) be supported by a certification signed by the employee
				and stating the reason for the leave. The employee, if required, shall then
				provide, in a timely manner, such certification to the
				employer.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 20.00 - Employee Leave For Certain Family Obligations › Section 20.02 - Sufficient Certification

Current through Register 1525, July 5, 2024
(1)
			 Certification shall be sufficient if it states in writing:
(a) the date on which the leave will be
			 taken;
(b) the duration of the
			 leave;
(c) the purpose for
			 requesting the leave;
(d) the
			 employee's signature.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 20.00 - Employee Leave For Certain Family Obligations › Section 20.03 - Timely Certification

Current through Register 1525, July 5, 2024
Employers may request that employees provide a certification at
				the time the employee gives notice of the need for leave or within two business
				days thereafter. In the case of unforeseen leave, the employee may provide the
				certification within two business days after the leave was taken, or as soon
				thereafter as it is reasonably practicable to do so.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 20.00 - Employee Leave For Certain Family Obligations › Section 20.04 - Additional Verification

Current through Register 1525, July 5, 2024
Employers may require that employees provide additional
				information to verify the reason for requesting a leave. The request for
				additional required information must be reasonable and not unduly
				burdensome.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 20.00 - Employee Leave For Certain Family Obligations › Section 20.05 - Records

Current through Register 1525, July 5, 2024
An employer requesting that employees provide certifications
				under the Small Necessities Leave Act shall keep copies of the certifications
				provided by the employee for a period of no less than two years. Such records
				shall be available for the inspection by the Attorney General's
				Office.
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 21.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General of Massachusetts promulgates
				940 CMR 21.00 relating to
				cigarette, smokeless tobacco product, and electronic smoking device
				manufacturers and retailers pursuant to his or her authority in M.G.L. c. 93A,
				§ 2(c). The purpose of
				940 CMR 21.00 is to eliminate
				deception and unfairness in the way cigarettes, smokeless tobacco products, and
				electronic smoking devices are marketed, sold and distributed in Massachusetts
				in order to address the incidence of cigarette smoking, the use of smokeless
				tobacco and electronic smoking devices by youth.
				940 CMR 21.00 imposes
				requirements and restrictions on the sale and distribution of cigarettes and
				smokeless tobacco products and electronic smoking devices in Massachusetts in
				order to prevent access to such products by underage consumers and accidental
				injury to children as a result of ingestion of or contact with liquid
				nicotine.
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 21.02 - Scope

Current through Register 1525, July 5, 2024
The Attorney General's regulations define unfair or deceptive
				acts or practices. They are not intended to be all inclusive as to the types of
				activities prohibited by M.G.L. c. 93A, § 2(a) and they do not legitimize
				acts or practices not specifically prohibited by
				940 CMR 21.00.
				940 CMR 21.00 is designed to
				supplement existing regulations.
940 CMR 21.00 shall apply to
				any person who manufactures, packages, imports for sale, distributes or sells
				within Massachusetts cigarettes, smokeless tobacco products, or electronic
				smoking devices as defined in
				940 CMR 21.00.
940 CMR 21.00 shall not apply
				to the manufacture, packaging, importation for sale or distribution within
				Massachusetts of cigars and little cigars. These products are regulated by
				940 CMR 22.00:
Sales
				and Distribution of Cigars in Massachusetts
.
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 21.04 - Point of Sale Restrictions

Current through Register 1525, July 5, 2024
(1)
Retail Sales Practices
. Except as otherwise provided
			 in 940 CMR 21.04(4), it shall be an unfair or deceptive act or practice for any
			 manufacturer, distributor or retailer to engage in any of the following
			 practices:
(a) sampling, promotional
			 give-aways, or any other free distribution of cigarettes, smokeless tobacco
			 products, or electronic smoking devices;
(b) breaking or otherwise opening any
			 cigarette, smokeless tobacco product, or electronic smoking device's package to
			 sell or distribute any number of unpackaged or repackaged cigarettes or any
			 quantity of smokeless tobacco or electronic smoking devices that is smaller
			 than the smallest package distributed by the manufacturer for individual
			 consumer use;
(c) distributing
			 cigarettes, smokeless tobacco products, or electronic smoking devices through
			 the mail, including redemption of coupons, credits and proofs-of-purchase,
			 except as otherwise provided in
			 940 CMR 21.00; or
(d) selling or distributing cigarettes,
			 smokeless tobacco products, or electronic smoking devices where apparel or
			 merchandise (other than cigarettes, smokeless tobacco, or electronic smoking
			 devices) bears a brand name and is offered in consideration of the purchase of
			 cigarettes, tobacco products, and electronic smoking devices.
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 21.05 - Liquid Nicotine Packaging

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive act or practice for any
				person to sell or distribute nicotine in a liquid or gel substance in
				Massachusetts after March 15, 2016, unless the liquid or gel product is
				contained in a child-resistant package that, at a minimum, meets the standards
				for special packaging as set forth in 15 U.S.C. §§ 1471 through 1476
				and 16 CFR § 1700
et seq
.
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 21.06 - Relation to Other Laws

Current through Register 1525, July 5, 2024
Nothing in
				940 CMR 21.00 shall relieve
				any person from liability at common law or under Massachusetts statutory law to
				any other person.
Nothing in
				940 CMR 21.00 shall be
				construed to preempt any existing law, ordinance, bylaw, regulation or rule
				which requires a permit or license for the sale of cigarettes, smokeless
				tobacco, or electronic smoking devices, or which regulates the sale, use, or
				distribution of cigarettes, smokeless tobacco, or electronic smoking devices.
				Nothing in
				940 CMR 21.00 shall prohibit
				any city, town or board of health from enacting or enforcing any law,
				ordinance, bylaw, regulation or rule which requires a permit or license for the
				sale of cigarettes, smokeless tobacco, or electronic smoking devices, or which
				regulates the sale, use, or distribution of cigarettes, smokeless tobacco, or
				electronic smoking devices. Without limiting the generality of the foregoing,
				nothing in
				940 CMR 21.00 shall prohibit
				any city, town, or board of health from enacting or enforcing any law,
				ordinance, bylaw, regulation or rule which imposes a monetary penalty, permit
				suspension or permit revocation for a violation of the local law. In cases
				where the ordinance, bylaw, regulation or rule is more restrictive than the
				provisions of
				940 CMR 21.00, it shall
				control to the extent of any inconsistency with
				940 CMR
				21.00.
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 21.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 21.00 or the
				application of such provision to any person or circumstances is held to be
				invalid, the validity of the remainder of
				940 CMR 21.00 and the
				applicability of such provision to other persons or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General of Massachusetts promulgates
				940 CMR 22.00 relating to
				cigar manufacturers and retailers pursuant to his authority in M.G.L. c. 93A,
				§ 2(c). The purpose of
				940 CMR 22.00 is to eliminate
				deception and unfairness in the way cigars and little cigars are packaged,
				marketed, sold and distributed in Massachusetts whereby:
(1) Massachusetts consumers may be adequately
			 informed about the health risks associated with cigar smoking, its addictive
			 properties, and the false perception that cigars are a safe alternative to
			 cigarettes by requiring the cigar industry to include health warnings on the
			 package labels of cigars sold and distributed within Massachusetts and in the
			 advertisements of such products within Massachusetts; and
(2) The incidence of cigar use by children
			 younger than the Minimum Legal Sales Age is addressed by imposing requirements
			 and restrictions on the sale and distribution of cigars in Massachusetts in
			 order to prevent access to such products by underage consumers.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.02 - Scope

Current through Register 1525, July 5, 2024
The Attorney General's regulations define unfair or deceptive
				acts or practices. They are not intended to be all inclusive as to the types of
				activities prohibited by M.G.L. c. 93A, § 2(a) and they do not legitimize
				acts or practices not specifically prohibited by
				940 CMR 22.00.
				940 CMR 22.00 is designed to
				supplement existing regulations.
940 CMR 22.00 shall apply to
				any person who manufactures, packages, imports for sale, distributes, or sells
				within Massachusetts cigars and little cigars as defined in
				940 CMR 22.00.
940 CMR 22.00 shall not apply
				to the manufacture, packaging, importation for sale or distribution within
				Massachusetts of any tobacco product other than cigars and little cigars as
				defined in
				940 CMR
				22.00.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.04 - Labeling Requirements

Current through Register 1525, July 5, 2024
(1)
General Rule
. It shall be an unfair or deceptive act
			 or practice for any person to distribute, or offer for sale within
			 Massachusetts any manufactured cigar or manufactured little cigar the package
			 of which does not bear, in accordance with the requirements of 940 CMR
			 22.04(2), one of the following labels:
WARNING
: Cigar Smoke Contains Carbon Monoxide And
				Nicotine, An Addictive Drug.
WARNING
: Cigars Are Not A Safe Alternative To
				Cigarettes Or Smokeless Tobacco Products.
(2)
Label Format
. It
			 shall be an unfair or deceptive act or practice for any person to distribute or
			 offer for sale within Massachusetts any manufactured cigar or little cigar the
			 package of which fails to contain the warning statement required by 940 CMR
			 22.04(1) in the following format:
(a) On the
			 front or top of the package, whichever surface area is larger, in a clear and
			 conspicuous format, comprising at least 25% of the front or top panel of the
			 package, with the warning statement capitalized as indicated in 940 CMR
			 22.04(1), with letters that are either white against a black background or
			 black against a white background, and are in contrast with all other printed
			 material on the package;
(b) The
			 labels may either be printed directly on the package or preprinted, provided
			 that any preprinted label is firmly attached to the package in such a way that
			 the surface of the label is destroyed before the label can be removed from the
			 package;
(c) If other warnings are
			 required by any other Federal, State, or local governmental entity, the total
			 area of all required warnings need not exceed 25% of the front or top of the
			 package, provided that the warnings required by 940 CMR 22.04 remain clear and
			 conspicuous.
(d)
Label
			 Rotation
. It shall be an unfair or deceptive act or practice for
			 any person to distribute or offer for sale within Massachusetts any brand of
			 manufactured cigar or little cigar unless the label statements required in 940
			 CMR 22.04(1) are rotated regularly in alternating sequence on the packages of
			 each brand of manufactured cigars or little cigars.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.05 - Advertising Requirements

Current through Register 1525, July 5, 2024
(1)
General Rule
. It shall be an unfair or deceptive act
			 or practice for any person to advertise or cause to be advertised within
			 Massachusetts any cigar or little cigar unless the advertising bears one of the
			 warning statements specified in
			 940 CMR
			 22.04, rotated in accordance with the
			 requirements of
			 940 CMR
			 22.04.
(2)
Advertising
			 Format
. It shall be an unfair or deceptive act or practice for any
			 person to advertise or cause to be advertised within Massachusetts any cigar or
			 little cigar unless the warning statement required by
			 940 CMR
			 22.04 comprises 20% of the area of the
			 advertisement and is in the format required by
			 940 CMR
			 22.04(2).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.06 - Point of Sale Restrictions

Current through Register 1525, July 5, 2024
(1)
Retail Sales Practices
. Except as otherwise provided
			 in 940 CMR 22.06(4), it shall be an unfair or deceptive act or practice for any
			 person who sells or distributes cigars or little cigars directly to consumers
			 within Massachusetts to engage in any of the following practices:
(a) sampling of cigars or little cigars or
			 promotional give-aways of cigars or little cigars;
(b) breaking or otherwise opening any little
			 cigar package to sell or distribute individual little cigars or a number of
			 unpackaged or repackaged little cigars;
(c) distribution of cigars or little cigars
			 through the mail, including redemption of coupons, credits and
			 proofs-of-purchase, except as otherwise provided in
			 940 CMR 22.00;
(d) sale or distribution of cigars or little
			 cigars if any apparel or other merchandise (other than cigars or little cigars)
			 which bears a brand name is offered in consideration of the purchase.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.07 - Relation To Other Laws

Current through Register 1525, July 5, 2024
Nothing in
				940 CMR 22.00 shall relieve
				any person from liability at common law or under Massachusetts statutory law to
				any other person.
Nothing in
				940 CMR 22.00 shall be
				construed to preempt any existing law, ordinance, bylaw, regulation or rule
				which requires a permit or license for the sale of tobacco products, or which
				regulates the sale, use, or distribution of tobacco products. Nothing in
				940 CMR 22.00 shall prohibit
				any city, town or board of health from enacting or enforcing any law,
				ordinance, bylaw, regulation or rule which requires a permit or license for the
				sale of tobacco products, or which regulates the sale, use, or distribution of
				tobacco products. Without limiting the generality of the foregoing, nothing in
				940 CMR 22.00 shall prohibit
				any city, town, or board of health from enacting or enforcing any law,
				ordinance, bylaw, regulation or rule which imposes a monetary penalty, permit
				suspension or permit revocation for a violation of the local law. In cases
				where the ordinance, bylaw, regulation or rule is more restrictive than the
				provisions of
				940 CMR 22.00, it shall
				control to the extent of any inconsistency with
				940 CMR
				22.00.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 22.00 - Sales and distribution of cigars in Massachusetts › Section 22.08 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				940 CMR 22.00 or the
				application of such provision to any person or circumstances is held to be
				invalid, the validity of the remainder of
				940 CMR 22.00 and the
				applicability of such provision to other persons or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
St. 1998, c. 206, known as the Brownfields Act, was designed to
				encourage the cleanup and re-use of contaminated and under-utilized properties,
				which are commonly known as "brownfields." St. 1998, c. 206 modified the
				liability rules of M.G.L. c. 21 E to help prevent the liability attaching to
				owners and operators of contaminated property from acting as a disincentive to
				buying, assessing, cleaning up; and redeveloping these sites. The Brownfields
				Act created some exemptions from liability which operate automatically by the
				terms of M.G.L. c. 21 E. The provisions of St. 1998, c. 206 giving direct
				relief provide an extra push to help turn around the sites that the market
				comes close to turning around on its own. St. 1998, c. 206 created another tool
				for limiting liability, Brownfields Covenant Not to Sue Agreements, out of
				recognition that there may be situations where it is appropriate for the
				Commonwealth to provide additional liability relief as an incentive to spur the
				cleanup and re-use of brownfields. M.G.L. c. 21E, § 3(j)(3), inserted by
				the Brownfields Act, authorizes the Commonwealth to enter into Brownfields
				Covenants Not to Sue Agreements to provide current or prospective owners and
				operators with individually tailored liability relief that goes beyond that
				provided directly by St. 1998, c. 206.
				940 CMR 23.00 is designed to
				spell out when the Commonwealth can and should enter into such
				agreements.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.05 - Priorities

Current through Register 1525, July 5, 2024
In entering into Brownfields Covenant Not to Sue Agreements,
				the Commonwealth shall give first priority to Sites located in the 15 cities
				with the highest poverty rate in the Commonwealth, second priority to Sites
				located in an Economically Distressed Area, and third priority to all other
				Sites. The identification of the 15 cities with the highest poverty rate will
				be determined using United States census data compiled by the Donahue
				Institute's Economic and Public Policy Research Unit at the University of
				Massachusetts at Amherst.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.06 - Rights of Affected Third Parties

Current through Register 1525, July 5, 2024
(1)
			 Before executing a Brownfields Covenant Not to Sue Agreement with an Applicant
			 who is seeking liability relief against claims brought by third parties, the
			 Attorney General will provide Affected Third Parties an opportunity to comment
			 on the Application or join the Agreement as appropriate under the specific
			 circumstances presented.
(2) Any
			 Affected Third Party may provide comments, during the comment period, to the
			 Attorney General on an Applicant's proposed project.
(3) If an Affected Third Party demonstrates
			 to the Attorney General within the comment period that he or she has the basis
			 for a bona fide claim against an Applicant for contribution, Response Action
			 costs or for property damage pursuant to M.G.L. c. 21E or for property damage
			 under the common law that is related to the Site that is the subject of a
			 proposed Agreement, the Attorney General may ask an Applicant to accommodate or
			 otherwise respond to this claim or may make an Agreement not applicable to this
			 claim.
(4) The Attorney General may
			 allow an Affected Third Party to join an Agreement when he or she finds that:
(a) the Affected Third Party has contributed,
			 or will contribute, significantly to Site remediation or the proposed Eligible
			 Brownfields Project, and the Affected Third Party agrees that any liability
			 relief obtained as a result of its entering into an Agreement is subject to the
			 Affected Third Party's being bound by the terms of
			 940 CMR
			 23.08 and by any specific terms set forth in
			 the Agreement; or
(b) allowing the
			 Affected Third Party to join the Agreement will otherwise resolve Site-related
			 liability and is likely to further the public interest.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.07 - Public Input

Current through Register 1525, July 5, 2024
(1) Any member of
			 the public may provide comments during the comment period to the Attorney
			 General on an Applicant's proposed project.
(2) In addition to the notice requirements in
			 940 CMR
			 23.04(2), the Attorney
			 General may require whatever additional public comment process, if any, he or
			 she deems appropriate under the specific circumstances presented.
(3) In determining what additional public
			 comment process, if any, is appropriate, the Attorney General may consider:
(a) the degree of liability relief that the
			 Applicant is seeking;
(b) the
			 extent that the remediation that will be achieved will be a Permanent
			 Solution;
(c) whether a Permanent
			 Solution, Remedy Operation Status, or Temporary Solution, as applicable, will
			 be achieved for the entire Site on which the proposed Eligible Brownfields
			 Project is located;
(d) whether the
			 Applicant is an Eligible Person;
(e) the scope of the likely impacts of the
			 Applicant's proposed project;
(f)
			 the extent to which there are other available processes through which the
			 public will have an opportunity to comment; and
(g) any other factor the Attorney General
			 deems appropriate.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.09 - Termination for Cause

Current through Register 1525, July 5, 2024
(1) In the event
			 that the Attorney General determines that an Applicant submitted materially
			 false or misleading information as part of his or her application, the Attorney
			 General may terminate the liability protection offered by said Agreement in
			 accordance with 940 CMR 23.09(3). A statement made by an Applicant regarding
			 the anticipated benefits or impacts of the proposed project will not be
			 considered false or misleading for purposes of 940 CMR 23.09(3) if such
			 statement was asserted in good faith at the time it was made.
(2) In the event that the Attorney General
			 determines that an Applicant or a Subsequent Owner or Operator has violated the
			 terms and conditions of an Agreement, the Attorney General may terminate the
			 liability protection offered by said Agreement in accordance with 940 CMR
			 23.09(3). In the event that the liability protection is terminated solely
			 because of a violation of one or more of the conditions set forth in
			 940 CMR 23.08(3)(a)
			 through (d) by a Subsequent Owner or
			 Operator, such termination shall affect only the liability protection
			 applicable to such Subsequent Owner or Operator.
(3) Before terminating the liability relief
			 provided by an Agreement, the Attorney General will provide the Applicant or
			 Subsequent Owner or Operator, as appropriate, written notice of the proposed
			 basis for, and a 60-day opportunity to comment on, the proposed termination.
			 The notice from the Attorney General may provide a reasonable period of time
			 for the Applicant or Subsequent Owner, as appropriate, to cure an ongoing
			 violation in lieu of termination of the liability relief provided by an
			 Agreement.
(4) Nothing in 940 CMR
			 23.09, or in any notice issued pursuant to this section, shall bar or limit the
			 Attorney General, the Department of Environmental Protection, or other Person
			 from seeking any judicial or administrative enforcement of a term or condition
			 of an Agreement.
(5) Termination of
			 liability relief pursuant to 940 CMR 23.09 shall not affect any defense that
			 the Applicant or Subsequent Owner or Operator might otherwise have pursuant to
			 M.G.L. c. 21E, except to the extent that in entering into an Agreement, the
			 Applicant has expressly agreed to waive such defense even in the event of
			 termination of the liability relief provided in such Agreement.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.10 - General Provisions

Current through Register 1525, July 5, 2024
(1) Effect of
			 Presumptions. All presumptions explicitly described in these regulations are
			 rebuttable. Whether a presumption has been rebutted is a determination made by
			 the Attorney General in his or her discretion.
(2) Time Computation. In computing any period
			 of time prescribed by these regulations, the day of the act or event from which
			 the designated period of time begins to run shall not be included. The last day
			 of the period so computed shall be included, unless it is a Saturday, a Sunday,
			 or a legal holiday, in which event the period runs until the end of the next
			 day which is not a Saturday, a Sunday, or a legal holiday. When the period of
			 time prescribed or allowed is less than 7 days, intermediate Saturdays,
			 Sundays, and legal holidays shall be excluded in the computation. "Legal
			 holidays" are those days specified in M.G.L. c. 4, s. 7 and any other day
			 appointed as a holiday by the President or the Congress of the United States or
			 designated by the laws of the Commonwealth.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR 23.00 or the
				application of such provision to any person or circumstances is held to be
				invalid, the validity of the remainder of
				940 CMR 23.00 and the
				applicability of such provision to other persons or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General promulgates
				940 CMR 24.00, relating to
				Tobacco Product Manufacturer Certifications, pursuant to his authority in
				M.G.L. c. 94F, s. 6(c). The purpose of
				940 CMR 24.00 is to further
				effectuate the purposes of M.G.L. c. 94F . top of page
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 24.00 explains
				certain obligations of Tobacco Product Manufacturers under M.G.L. c. 94F.
				940 CMR 24.00 is not intended
				to be all-inclusive as to the obligations of Tobacco Product Manufacturers, and
				is to be read in conjunction with regulations promulgated by the Commissioner
				of Revenue relating to M.G.L. c. 94E and M.G.L. c. 94F, at 830 CMR
				94E.00.
940 CMR 24.00 applies to all
				Tobacco Product Manufacturers whose Cigarettes are sold or offered for sale in
				Massachusetts, or whose Cigarettes are stamped for sale in Massachusetts. top
				of page
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.03 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				940 CMR 24.00, the following
				terms have the following meanings, unless the context requires
				otherwise:
Brand Family
means all styles of
				Cigarettes sold under the same trademark and differentiated from one another by
				means of additional modifiers or descriptors including, but not limited to,
				"menthol," "lights," "kings," and "100s," and includes any use of 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, a
				previously known brand of Cigarettes.
Cigarette
means any product that
				contains nicotine, is intended to be burned or heated under ordinary conditions
				of use, and consists of or contains:
(a) any roll of tobacco wrapped in paper or in any substance
				not containing tobacco;
(b) tobacco, in any form, that is functional in the product,
				which, because of its appearance, the type of tobacco used in the filler, or
				its packaging and labeling, is likely to be offered to, or purchased by,
				consumers as a cigarette; or
(c) any roll of tobacco wrapped in any substance containing
				tobacco which, because of its appearance, the type of tobacco used in the
				filler, or its packaging and labeling, is likely to be offered to, or purchased
				by, consumers as a cigarette described in 940 CMR 24.03. The term "Cigarette"
				includes "roll-your-own," so-called, which is any tobacco that, because of its
				appearance, type, packaging, or labeling is suitable for use and likely to be
				offered to, or purchased by, consumers as tobacco for making cigarettes. For
				purposes of 940 CMR 24. 03, 0.09 ounces of "roll-your-own" tobacco constitutes
				one individual Cigarette.
Commissioner
means the Commissioner of
				Revenue or the Commissioner's duly authorized representative.
Master Settlement Agreement
is defined
				in M.G.L. c. 94E.
Non-participating Manufacturer (NPM)
means a Tobacco Product Manufacturer that is not a Participating
				Manufacturer.
Participating Manufacturer (NPM)
is
				defined in the Master Settlement Agreement, including any amendments
				thereto.
Qualified Escrow Fund
is defined in
				M.G.L. c. 94E.
Stamper
means a person authorized by
				the Commissioner to affix the excise stamp on packages or other containers of
				cigarettes pursuant to M.G.L. c. 64C.
Tobacco Product Manufacturer (TPM)
is
				defined in M.G.L. c. 94E.
TPM Certification
means the
				certification prescribed by the Attorney General for purposes of M.G.L.
				94F.
TPM Directory
means the public
				directory of TPMs and Brand Families developed by the Commissioner in
				consultation with the Attorney General pursuant to M.G.L. c. 94F, §
				2(g).
Units Sold
is defined in M.G.L. c.
				94E.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.04 - General Rules for Tobacco Product Manufacturers

Current through Register 1525, July 5, 2024
(1) Every TPM whose Cigarettes are sold,
			 stamped for sale, or intended to be sold in Massachusetts, whether directly or
			 through a wholesaler, retailer, or similar intermediary, shall complete and
			 file a TPM Certification annually on or before April 30th. The TPM
			 Certification must be filed separately with both the Attorney General and the
			 Commissioner. The TPM Certification will be reviewed to determine whether the
			 TPM has satisfied M.G.L. c. 94F and the regulations at 830 CMR 94E.00 and
			 940 CMR 24.00, for purposes
			 of listing the TPM and its Brand Families in the TPM Directory. Cigarettes
			 cannot be sold, offered for sale, or possessed for sale in Massachusetts, or
			 stamped for sale in Massachusetts, unless the TPM and Brand Family are listed
			 in the current TPM Directory.
(2)
			 For NPMs, the TPM Certification supersedes the Massachusetts Certificate of
			 Compliance by Non-participating Manufacturer. An NPM may file a TPM
			 Certification for all of the purposes required under M.G.L. c. 94E and 94F. top
			 of page
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications › Section 24.05 - TPM Certification

Current through Register 1525, July 5, 2024
(1)The
			 following requirements apply to all TPM Certifications:
(a) The TPM shall utilize the TPM
			 Certification form prescribed and made available by the Attorney General for
			 purposes of M.G.L. c. 94F s. 2.
(b)
			 The TPM Certification must be complete, accurate, and otherwise in compliance
			 with M.G.L. c. 94F s. 2. The Attorney General in his discretion may require the
			 submission of additional information and documents, including Cigarette
			 packaging, in order to verify compliance with M.G.L. c. 94E and M.G.L. c. 94F,
			 and the regulations at 830 CMR 94E.OO and
			 940 CMR 24.00.
(c) The TPM Certification and all other
			 requested forms shall be completed in English. For any attachments not
			 originally in English, a true and correct translation into English shall be
			 attached to the original, with a certificate by the translator and by the TPM
			 as to the accuracy of the translation.
(d) The TPM Certification shall be signed by
			 an authorized officer of the TPM. All statements made in the TPM Certification
			 are made under the penalty of perjury.
(e) The TPM shall maintain all invoices and
			 documentation of sales and other information relied upon in preparing its TPM
			 Certification for a period of five years from the date of the TPM Certification
			 filing, unless otherwise required by law to maintain them for a longer
			 period.
(f) The TPM shall list all
			 of its Brand Families, regardless of whether there have been any sales of those
			 brands in Massachusetts.
(g) The
			 TPM shall provide an electronic mail (e-mail) address for electronic
			 notifications.
(h) The TPM shall
			 consent to the jurisdiction of the Superior Court of Massachusetts, and shall
			 waive any objection to such jurisdiction for purposes of enforcement actions
			 that may be brought by the Attorney General under M.G.L. c. 94E or M.G.L. c.
			 94F with respect to the TPM Certification or any Cigarettes sold in
			 Massachusetts. Such consent and waiver must be effective and binding, and made
			 in a form and manner acceptable to the Attorney General.
(i) The TPM shall waive any sovereign
			 immunity defense that may apply to enforcement actions that may be brought by
			 the Attorney General under M.G.L. c. 94E or M.G.L. c. 94F with respect to the
			 TPM Certification or any Cigarettes sold in Massachusetts. Such waiver must be
			 effective and binding, and made in a form and manner acceptable to the Attorney
			 General.