2019 Tobacco Control Law

New tobacco control law

On December 11, 2019, the state’s Public Health Council approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature passing and Governor Charlie Baker signing into law An Act Modernizing Tobacco Control, which provided the Massachusetts Department of Public Health with additional authority to regulate access to tobacco and electronic nicotine delivery systems, including vapes. With the actions taken December 11th, the Governor’s temporary statewide ban on the sale of tobacco and vape products in place since September is no longer in effect.

Effective immediately, the new law places the following restrictions:

The sale of non-flavored nicotine vaping products (with content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.

The sale of non-flavored nicotine vaping products (with a nicotine content of less than 35 milligrams per milliliter) is restricted to stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets.

The sale and consumption of all flavored nicotine vaping products may only occur within smoking bars.

Beginning June 1, 2020, the sale of flavored combustible cigarettes and other tobacco products, including menthol cigarettes and flavored chewing tobacco, will be restricted to licensed smoking bars where they may be sold only for on-site consumption. Also taking effect on June 1st is the addition of a 75 percent excise tax on the wholesale price of nicotine vaping products, in addition to the state’s 6.75 percent sales tax.

To learn more, view the DPH press release: Public Health Council Approves Regulations Restricting Access to Vaping and Tobacco Products.

Key Actions for New tobacco control law

Information for retailers

Guidance for Non-Age-Restricted Retail Establishments

The Massachusetts Department of Public Health (DPH) has promulgated an emergency regulation, 105 CMR 665, to implement certain sections of a new state law: An Act Modernizing Tobacco Control. This regulation took effect on December 11, 2019. As a result, there are important new requirements for retail establishments that sell tobacco products, including e-cigarettes. These requirements differ depending on the type of retail establishment, so please read the statute, the regulation, and this information carefully.

Under this regulation, a non-age-restricted retail establishment is one that holds a Massachusetts Department of Revenue license for the sale of tobacco products, but does not restrict entry to people under the age of 21. These include, but are not limited to, convenience stores, gas stations, liquor stores, bodegas, supermarkets and other similar businesses.

Non-age-restricted retail establishments:

Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age.

Cannot sell any flavored electronic nicotine delivery systems such as flavored e-cigarettes and flavored vaping products.

Cannot sell electronic nicotine delivery systems with nicotine content greater than 35 milligrams per milliliter.

Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons or similar endorsements.

Can sell non-flavored electronic nicotine delivery systems with nicotine content 35 milligrams or less per milliliter.Must maintain records obtained by the manufacturer that validate the nicotine content of electronic nicotine delivery systems available for sale on the premises.

This documentation may be provided to the retailer by a distributer, but must have originally come from the manufacturer.

Must keep all tobacco products, including cigarettes and e-cigarettes, for sale behind the counter where sales are made, out of reach of consumers and not on the counter.

Must display all of the following signs in plain view by a person standing at the cash register (establishments must use the signs developed and provided by DPH):

The text of Massachusetts General Law Chapter 270, Sections 6 and 6A

A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited

Notice that the sale of flavored electronic nicotine delivery systems is prohibited

A warning about the health impacts of vaping

Information on tobacco cessation services

This information is provided to assist individuals in complying with a state regulation related to the operation of a non-age restricted retail tobacco establishments.  This is a summary, only, and not the full text of the regulation.

Guidance for Retail Tobacco Stores

The Massachusetts Department of Public Health (DPH) has promulgated an emergency regulation, 105 CMR 665, to implement certain sections of a new state law: An Act Modernizing Tobacco Control. This regulation took effect on December 11, 2019. As a result, there are important new requirements for retail establishments that sell tobacco products, including e-cigarettes. These requirements differ depending on what kind of retail establishment you work with, so please read the statute, the regulation, and this information carefully.

Under this regulation, Retail Tobacco Stores are retail establishments whose primary purpose is the sale of tobacco products and paraphernalia, and who restrict the entry for people under the age of 21. These include tobacconists, smoke shops, and vape shops.

Additional information regarding the taxation elements of the new law will be forthcoming from the Department of Revenue.

Retail Tobacco Stores:

Must have a municipal permit for sale or distribution of tobacco products, unless in operation before December 11, 2019 in a municipality that has not previously required a permit for operation.

Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age.

Cannot sell any flavored electronic nicotine delivery system, such as flavored e-cigarettes and flavored vaping products.

Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons or similar endorsements.

Must display all of the following signs in plain view by a person standing at the cash register (establishments must use the signs developed and provided by DPH):

The text of Massachusetts General Law Chapter 270, Sections 6 and 6A

A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited

Notice that the sale of flavored electronic nicotine delivery systems is prohibited.

A warning about the health impacts of vaping

Information on tobacco cessation services

Must display the following signs on the exterior of the entrance door (establishments must use the signs developed and provided by DPH):

A warning that smoking and vaping may be present on the premises

Information concerning the health risks of second hand smoke and vaping

A statement that no person under the age of 21 is allowed on the premises at any time

This information is provided to assist individuals in complying with a state regulation related to the operation of a retail tobacco store.  This is a summary, only, and not the full text of the regulation.

Press Release

Press Release Public Health Council Approves Regulations Restricting Access to Vaping and Tobacco Products

For immediate release:

12/11/2019

Department of Public Health

Media Contact for Public Health Council Approves Regulations Restricting Access to Vaping and Tobacco Products

Ann Scales, Director of Media Relations

Phone

Call Ann Scales, Director of Media Relations at (617) 624-5006

Online

Email Ann Scales, Director of Media Relations at Ann.Scales@State.MA.US

BOSTON — The state’s Public Health Council today approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature’s passing and Governor Charlie Baker’s signing into law An Act Modernizing Tobacco Control, which provided the Massachusetts Department of Public Health with additional authority to regulate access to tobacco and electronic nicotine delivery systems, including vapes. With today’s actions, the Governor’s temporary statewide ban on the sale of vaping products in place since September is no longer in effect.

Effective immediately, the new law places the following restrictions:

The sale of non-flavored nicotine vaping products (with a nicotine content of less than 35 milligrams per milliliter) is restricted to stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets.

Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less.

The sale and consumption of all flavored nicotine vaping products may only occur within licensed smoking bars.

A chart on what tobacco products can be sold where can be found here.

“Massachusetts has taken important steps to protect its residents from the emerging public health risk posed by vaping products, and with the new law signed by Governor Baker and the introduction of today’s regulations, we continue to prioritize actions that protect the public health,” said Public Health Commissioner Monica Bharel, MD, MPH. “As a physician and commissioner of the Department of Public Health, I continue to recommend that people not use any e-cigarette or vaping products, as these products are not safe. The new law expands the availability of smoking cessation resources through insurance, and DPH continues to remind people that help is available through a variety of tools.”

Beginning June 1, 2020, the sale of flavored combustible cigarettes and other tobacco products, including menthol cigarettes and flavored chewing tobacco, will be restricted to licensed smoking bars where they may be sold only for on-site consumption. Also taking effect on June 1st is the addition of a 75 percent excise tax on the wholesale price of nicotine vaping products, in addition to the state’s 6.25 percent sales tax.

The new regulations lay out a roadmap for the implementation of the new law, including enforcement authority, penalties for non-compliance, legal signage, and advertising requirements.

The regulations which are effective today:

Require posting of signage in any location where vaping products are sold to warn customers of the dangers of severe lung disease associated with vaping products and more generally advising them of the health risks of vaping.

Specify the Commissioner’s authority to prohibit the sale of a designated vaping product on a determination that the product causes an imminent danger to public health.

Strengthen state and local enforcement, specifying procedures by which DPH or local Boards of Health may inspect retail locations and the products they are selling for compliance with the law, and providing for penalties for violations, ranging from $1,000 for the first violation to $5,000 for three or more violations,.

Establish how retailers and manufacturers must comply with the law's requirement that vaping products with nicotine content of more than 35 mg/ml may only be sold in 21+ establishments.

Require vaping products to be placed behind the counter in all non-age restricted retailers (e.g., convenience stores).

A public hearing on the regulations will be scheduled within the next 90 days.

Massachusetts clinicians are still required to report to DPH any individual experiencing vaping-related health problems and to ask patients to retain any vaping devices and products for possible testing by the federal Food and Drug Administration.

To date, DPH has reported 93 cases (31 confirmed and 62 probable cases) to the US Centers for Disease Control and Prevention, including three deaths from vaping-associated lung injury.

The cause of e-cigarette or vaping-associated lung injury (EVALI) remains unknown and under investigation at both the state and federal level. The Department of Public Health recommends that people not use e-cigarettes or vaping products.

DPH continues to offer resources to help people quit through its Quitline at 1-800-QUIT-NOW or by visiting makesmokinghistory.org or Mass.gov/QuitVaping to connect to treatment. The Massachusetts Smoker’s Helpline (1-800-QUIT NOW) has doubled the availability of free over-the-counter nicotine replacement products from 4 weeks to 8 weeks, once a person receives counseling by phone.

Effective January 1st, 2020, Massachusetts commercial health insurance plans plus the Group Insurance Commission and MassHealth, must cover smoking cessation counseling and FDA-approved products such as gum, lozenges, or patches without cost-sharing. Information about today’s announcement is available at www.mass.gov/NewTobaccoLaw. The site will continue to be updated as new information and resources are available.

https://www.mass.gov/news/public-health-council-approves-regulations-res...