HomeMy WebLinkAboutSample Regs on Tobacco - 2014FY 14
July 7, 2014
SAMPLE REGULATION RESTRICTING THE SALE OF TOBACCO PRODUCTS
This template expands the regulatory scope to both the sale of tobacco and the sale of non -regulated nicotine delivery
products, defines tobacco products to include non -regulated nicotine delivery products and includes several innovative policies
to deter youth from smoking and to encourage current smokers to quit.
THIS MODEL REGULATION INCORPORATES THE FOLLOWING:
I. The minimum standards required pursuant to the United States Food an,
Attorney General's regulations on the sale of tobacco;
2. M.G.L. Chapter 270, Sections 6 and 7;
3. Expanded language to include non -regulated nicotine delivery pn odudts`ii
purposes of this regulation;
4. Requirement that cigars be sold in original paths of 2 on mg'rc and be pa i
5. Ban of tobacco product sales, as defined in this regulatlop;''in educational
6. Expanded language to regulate nicotine delivery
7. An additional retail sign requirement regarding
8. Language restricting the sale of flavored tobacco
INSTRUCTIONS FOR USE:
1. Fill in [city or town] name;
2. If measure is to be a by-law or an ordinance,
references to "board of her th' aqd (c) renu
3. Fill in effective date,
4. If sections are removed rletter/re ii tber
1. Definition
2. Includ& 0,6.ation sign regdiXemgnt
3. Include ma ivLm cigar pac c `ge a/pn 6 gi
4. No permit outstanding figes exist'(F
5. Cap and/o• reduce cumber of pernnrt>,(§E.11)
6. No sales within SOO fee`tof a school fS9121
and electronic
Administration regulations and the
definition of tobacco products for the
16r,retail sale at $5 or more;
Stitutiogs and in health care institutions,
;arettes as tobacco products;
ly being u§gdby Boston;
and retail t4b*, 4o stores;
delivery products
YES
YES
YES
YES
7. Ban flavored tobacco pa odpcts (§G)
8. Minimum legal sales age %fjobapeo;products (§D)
9. Bait blunt wraps (§H)
10, Ban redemption of coupons thaf lie •mit free tobacco products (§I)
11. Ban self-service displays (§K)
12. Ban vending machines(§L)
13. Ban Non -Residential RYO machines (§M)
14. Ban tobacco product sales in health care institutions (§N)
15. Ban tobacco product sales in educational institutions (§O)
16. Fining structure mirrors state law (§P)
17. Tolling periods for violations (§P.l.b and c)
18. "Shall" vs. "May" language for suspensions
(3 instances found in §§P.l.b, P.l.e. and PA)
or "ordinance"; (b) remove
YES
YES
YES
18
YES
YES
YES
YES
YES
YES
YES
YES
24 months
SHALL
NO
NO
NO
NO
NO
NO
NO
21
NO
NO
NO
NO (FDA/AG limits)
NO
NO
NO
NO (higher)
36 months
MAY
Regulation of the [city/town] Board of Health
Restricting the Sale of Tobacco Products
A. Statement of Purpose:
Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases,
negative birth outcomes, irritations to the eyes, nose and throat';
Whereas among the 15.7% of students nationwide who currently smoke;c)garettes and were less than 18 years
old, 14.1% usually obtained them by buying them in a store (i.e. convenience store, supermarket, or discount
r ,•
store) or gas station2;
Whereas nationally in 2009, 72% of high school smokers a 66% of middle.„ school smokers were not asked to
show proof of age when purchasing cigarettes3;
Whereas the U.S. Department of Health and Human Services has concluded that nibdtin�e is as addictive as
cocaine or heroin and the Surgeon Generahfound that nie during adoleseence, a critical window
for brain development, may have lasting adverse consequences fox brain developments;
Whereas despite state laws prohibiting the sale of tobacco products to`rnritQrs, access by minors to tobacco
products is a major public heald":' 'Ijem— -:
:.
Whereas research has shown thatraisrng theriinimum4legal/drinking age to 21 has reduced alcohol
consumption among out and protected lri leers from longterm negative outcomes in adulthood, including
alcohol and othe> d�ig,clep�ndence6,
More than 80 percent of all adult sinokersbegin smoking before the age of 18; and more than 90 percent do so
before leaving then £eeps7;
r Center for Disease Control
(2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from:
-------
'CDC (2009), Youth Risk Behavior, Su.r.Qi ' ce Summaries (Morbidity and Mortality Weekly Report (MMWR) 2010: 59, 11 (No.
SS-55)) Retrieved from: http://www.edc.gov/HealthyYoutli/yrbs/index,htm,
3 CDC Office of Smoking and Health, National Youth Tobacco Survey, 2009. Analysis by the American Lung Association (ALA),
Research and Program Services Division using SPSS software, as reported in "Trends in Tobacco Use", ALA Research and Program
Services, Epidemiology and Statistics Unit, July 2011. Retrieved fiom: www.luiig.org/finding-cures/our-research/trend-
reports/Tobacco-Trend-Report,p df.
° CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease. Retrieved
fi-om: http://www.cdc.gov/tobacco/data_ statistics/sgr/2010/.
5 U.S. Department of Health and Human Services. 2014. The Health Consequences of Smoking — 50 Years of Progress: A Report of
the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and
Health, p. 122. Retrieved fiom: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf.
6 DeJong W, Blanchette J 2013. "Case Closed: Research Evidence on the Positive Public Health Impact of the Age 21 Minimum
Legal Drinking Age in the United States." J. Stud. Alcohol Drugs, Supplement 17, 108 — 115, 2014,
7 SAMHSA, Calculated based on data in 2011 National Survey on Drug Use and Health.
Whereas many non -cigarette tobacco products, such as cigars and cigarillos, can be sold in a single "dose;"
enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are
popular among youth$;
Whereas sales of flavored little cigars increased by 23% between 2008 and 20109; and the top three most
popular cigar brands among African -American youth aged 12-17 are the flavored and low-cost Black & Mild,
White Owl, and Swisher Sweets;10
Whereas the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA), enacted in 2009,
prohibited candy- and fruit -flavored cigarettes,11 largely because these flavored products were marketed to
youth and young adults,12 and younger smokers were more likely to have 1.tried these products than older
smokers; 13 -., .. - - - -- ----
Whereas although the manufacture and distribution of flavored cigarettes (excluding menthol) is banned by
-
federal law;14 neither federal nor Massachusetts laws restrict sales of flavored non -cigarette tobacco products,
- .....,.
such as cigars, cigarillos, smokeless tobacco, hookah tobacco, and electronic devices and the nicotine solutions
used in these devices; - F
4
Whereasthe U.S. Food and Drug Administration and the U.S Surgeon General have stated that flavored
tobacco products are considered to be "starter" products that help establish smoking habits that can lead to long-
term addiction;rs
Whereas data from the National Youth Tobacco Survey indicate that more than two -fifths of U.S, middle and
high school smokers report using flavored little cigars or flavored cigarettes;16
s CDC (2009), Yout'_<_q& k Bz alto Sunvenikroce Sumrnan reS (IiIl WR �610; 59, 12, note 5). Retrieved fi-om:
http:www.cdc.go�(mmWr/pdf/sslss5905,pdf c `
9 Delnevo, C., Fla oJed Little Cigars memo, Sept' "eX 21, 2011 ,'fr8in Neilson market scanner data.
i° SAMSHA, Analyk of data from the 20t1-ationahStrvey on Drug Use and Health.
21 U.S.C. § 387g.`>..
12 Carpenter CM Wayne Q,r jpauly JL et al 400$ "New Cigarette Brands with Flavors that Appeal to Youth: Tobacco Marketing
Strategies." Health AJfairs�2 4(6t 1601 1610,T,e;�vis M and Wackowski O. 2006. "Dealing with an Innovative Industry: A Look at
Flavored Cigarettes Promoted %, Mainstream Bradds." American Journal of Public Health, 96(2): 244-251; Connolly ON. 2004.
"Sweet and Spicy Flavours New Bxphds for 0, -ities and Youth," Tobacco Control, 13(3): 211-212; U.S. Department of Health
and Human Services. 2012. Prevent Tob3geco, lJse Among Youth and Young Adults: A Report ofthe Surgeon General. Atlanta: U.S.
National Center for Chronic Disease Pieventzuri and Health Promotion, Office on Smoking and Health, p. 537,
"U.S. Department of Health and Human Services. 2612. Preventing Tobacco Use Among Youth and Young Adults: A Report of the
Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and
Health, p. 539, www.surneonUneral gov/library1reports/preventingyouuth-tobacco-use/full-report
14 21 U.S.C. § 387g
is Food and Drug Administration. 2011. Fact Sheet: Flavored Tobacco Products,
rvww.fi a.gov/downloads/TobaccoProducts/ProtectingKi&fi*omTobacco/FlavoredTobacco/UCM183214o�tf, U.S. Department of
Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General.
Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539,
" King BA, Tynan MA, Dube SR, at al. 2013. "Flavored -Little -Cigar and Flavored -Cigarette Use Among U.S. Middle and High
School Students." Journal ofAdoleseent Health. [Article in press], www.je honline o-g/article/SI054-139X%2813%2900415-
1/abstract.
Whereas the U.S. Centers for Disease Control and Prevention has reported that electronic cigarette use among
middle and high school students doubled from 2011 to 2012;17
Whereas nicotine solutions; which are consumed via electronic or battery -operated delivery smoking devices
such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and bubble
911111'18 _
Whereas in a lab analysis conducted by the FDA, electronic cigarette cartridges that were labeled as containing
no nicotine actually had low levels of nicotine present in all cartridges.tsted, except for one'9;
Whereas according to the CDC's youth risk behavior sw
students in Massachusetts who reported the use of cigars
14.3% in 201 121 ;
Whereas the [most recent year] Youth Risk Behavioral Survey (YRBS)
high school students had smoked cigars, cigarillos, or lrttle-cigars on at'le
survey, compared with — % in [whateverfrast year is avarlable]Zr'[ti
EXIST OTHERWISE DELETE THIS ST TEMENTL
Whereas survey results show that
by name, than report that theys]6
underreported22;
Whereas in Massachusetts,
to 17.6% in 2009. was<
Whereas reseaic shows that in
cigar use and a 10%ocrease in
17 Centers for Disease Control�,1;ev
States, 2011-2012," Morbidity arr ib2
18 Cameron JM, Howell DN, White,
NicotineSolutions. " Tobacco Control.
youth
in
the percentage of high school
days went from 11.8% in 2003 to
.rlts show that _% of [city/town]
one day oEthe 30 days before the
IF LOCAM'DATA POINTS
cigar product when it is mentioned
use among youth is
, including cigars, rose from 13.3% in 2003
use (16%) for the first time in history 23;
cantly decreased the probability of male adolescent
use by 3.4%24;
"Electronic Cigarette Use Among Middle and High School Students —United
y Report (MMWR) 62(35): 729-730.
"Variable and Potentially Fatal Amounts of Nicotine in E-cigarette
ublication ahead of uriml.
nttpvitobaccocontrot bmi conycontent/eaPly/20/3/02/12/tobaccocontrol-2012-050604 full; U.S. Department of Health and Human
Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report ofthe Surgeon General. Atlanta: U.S. National
Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 549,
www surgeoneene•al gov/librorv/reports/pr-eventing-vouth-tobacco-use/ till -report
19 Food and Drug Administration, Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted by FDA, available at:
httt)://www.fda.2ov/newsevents/nublichealthfocus/ucm 173146 htm.
"CDC (2011) Youth Risk Behavior, Surveillance Summaries (MMWR 2012: 87 (No SS-61)). Retrieved fi•om: www.cde.gov; and
CDC (2003), Youth Risk Behavior, Surveillance Summaries (MMWR 2004: 53, 54 (No. SS-02)).
21 [city/town] [most recent year] Youth Risk Behavior Survey and [whatever past year is available] Youth Risk Behavior Survey.
22 2010 Boston Youth Risk Behavior Study. 16.5% of Boston youth responded that they had ever smoked a fi•uit or candy flavored
cigar, cigarillo or little cigar, while 24.1% reported ever smoking a "Black and Mild" Cigar.
23 Commonwealth of Massachusetts, Data Brief, Trends in Youth Tobacco Use in Massachusetts, 1993-2009. Retrieved fi•om:
http://www.mass.gov/EcoWi s2/does/dph/tobacco_control/adoleseent_tobacco_useyouth—trends_ 1993_2009.pdf.
3
Whereas nicotine levels in cigars are generally much higher than nicotine levels in eigarettes25;
Whereas Non -Residential Roll -Your -Own (RYO) machines located in retail stores enable retailers to sell
cigarettes without paying the excise taxes that are imposed on conventionally manufactured cigarettes. High
excise taxes encourage adult smokers to quit26 and high prices deter youth from starting.27 Inexpensive
cigarettes, like those produced from RYO machines, promote the use of tobacco, resulting in a negative impact
on public health and increased health care costs, and severely undercut the evidence -based public health benefit
of imposing high excise taxes on tobacco;
Whereas it is estimated that 90% of what is being sold as pipe
RYO machines. Pipe tobacco shipments went from 11.5 milli
2010. Traditional RYO tobacco shipments dropped from 11.2
cigarette shipments dropped from 308.6 billion sticks to 2917
being used in Non -Residential
in 2009 to 22.4 million pounds in
million pounds to 5.8 million pounds; and
billion sticl[s apcording to the December 2010
statistical report released by the U.S. Department of the Treasury, Alcohol aii4 \To`bacco Tax and Trade Bureau
(TTB)2a;
Whereas the sale of tobacco products is inco%qpatible with themrss�ton of health care institutions because these
products are detrimental to the public health,,.andytev,presence fn health care institutions undermine efforts to
educate patients on the safe and effective use okinedreatrop, includin ,cessation medication;
Whereas educational instrtutrQns e17 Yobacco products to a younger population, who is particularly at risk for
�i
becoming smokers and such sa e of tobacco,products rs mcompatrble, ith the mission of educational
institutions that educate a younge ,�opulat�on about soci'4;environmental and health risks and harms;
Whereas the Massa"�tts u�reme Judzcral Court has held t(Iat " ... [tlhe right to engage in business must
yield to the par oiirrt right o£,'gduermnent to protect tke.public health by any rational means"29.
,intentin yNow, therefoown] Board of Health to regulate the sale of tobacco products.
24 Ringel, J., Wasserman, J., & Andreyeva, T'(2005) Effects of Public Policy on Adolescents' Cigar Use: Evidence from the National
Youth Tobacco Survey. American Journal o`f Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar,
Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating the Magnitude of this Problem?, J. Prim. P. 2011,
Aug: 32(3-4):161-70. Retrieved from: www.nebi.nim.gov/pubmed/21809109.
25 National Institute of Health (NIH), National Cancer Institute (NCI) (2010). Cigar Smoking and Cancer. Retrieved from:
http://www. cancer.govb/cancertopies/factsheet/Tobacco/cigars.
26 Erikson, M., Mackay, J., Ross, H. (2012). The Tobacco Atlas, Fourth Edition, American Cancer Society, Chapter 29, p. 80.
Retrieved from: www.TobaccoAtlas.org.
27 Chaloupka, F. J. & Liccardo Pacula, R., NIH, NCI (2001). The Impact of Price on Youth Tobacco Use, Smoking and Tobacco
Control Monograph 14: Changing Adolescent Smoking Prevalence) 193 — 200. Retrieved from:
http://doops.nih.gov/TCRB/monographs/.
28 TTB (2011). Statistical Report — Tobacco (2011) (TTB S 5210-12-2010). Retrieved fi•om:
http://www.ttb.gov/statisties/2010/201012tobacco.pdf.
29 Druzik et al v. Board of Health of Haverhill 324 Mass 129 (1949).
4
B. Authorits-
LLL.
This regulation is promulgated pursuant to the authority granted to the [city/town] Board of Health by
Massachusetts General Laws Chapter 111, Section 31 which states 'Boards of health may make reasonable
health regulations".
C. Definitions:
For the purpose of this regulation, the following words shall have the following meanings:
Blunt Wrap: Any tobacco product manufactured or packaged as a w�a or as a hollow tube made wholly or in
part from tobacco that is designed or intended to be filled by th6consuner with loose tobacco or other fillers.
Business Agent: An individual who has been designated by.". -the owner or opexator of any establishment to be the
manager or otherwise in charge of said establishment
Cigar: Any roll of tobacco that is wrapped in leaf tobacco bx in any substance cont rxz t g tobacco with or
without a tip or mouthpiece not otherwise defined as a cig4&. to under'.-vlassachusetts Oi.ggeral Law, Chapter
64C, Section 1, Paragraph 1. t z°l
Characterizing flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint
or wintergreen, imparted or detectable either prior to or during consumption of a tobacco product or component
part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy,
�ry h,
cocoa, dessert, alcoholic beverage, 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.
Component pail Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper,
but not including any constituent
'1
Constituent; Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted
tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or
packaging of the tobacco product. Such term shall include a smoke constituent.
Distinguishable: Perceivable by either the sense of smell or taste.
'[y
Educational Institution: Any public or private college, school, professional school, scientific or technical
institution, university or other institution furnishing a program of higher education.
Employee: Any individual who performs services for an employer.
Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals
that uses the services of one (1) or more employees.
Flavored tobacco product: 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.
Health Care Institution: An individual, partnership, association, corporation or trust or any person or group of
persons that provides health care services and employs health care providers licensed, or subject to licensing, by
the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides
pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00. Health care institutions
include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices,
optician/optometrist offices and dentist offices.
Minimum Legal Sales Age (MLSA): The age an individual
product in the municipality. ,
Non -Residential Roll -Your -Own (RYO) Machine: A meek
individual who produces cigars, cigarettes, smokeless Kola
for the individual's own personal consumption or use) that;
tobacco products. RYO machines located imptayate homes
Residential RYO machines,
Permit Holder: Any person engaged in the
a tobacco product sales permit oikany pprs(
pursuant to these regulation§,*` g or 1? i
Person: Any individual, firm;
including but not limited to, an
business or retail{stole_
st=bevWore that individual can be sold a tobacco
al device made available for use (including to an
pipe tobacco, oi`"rollryour-own tobacco solely
rking cigarettes, cigars or other
personal cons,' Wtion are not Non -
who applies for and receives
* Product Sales Permit
company or organization of any kind,
or person in charge of any establishment,
Retail Tobacco %op: An establishment thgt%s,not required to possess a retail food permit whose primary
purpose is to sell o offer for sale, brYt not for resale, tobacco products and tobacco paraphernalia, in which the
sale of other products t>lerely rnardentgl, and m wlrieh the entry of persons under the minimum legal sales age
is prohibited at all times,�nd;marntams oyalid permit for the retail sale of tobacco products as required to be
issued by the [city/town) Bob"d>of He"
Self -Service Display: Any display fiAh which customers may select a tobacco product, as defined herein,
without assistance from an employee or store personnel.
Schools: Public or private elementary or secondary schools.
Smoke Constituent: Any chemical or chemical compound in mainstream or sidestream tobacco smoke that
either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or
heating of tobacco, additives or other component of the tobacco product.
Smoking Bar: An establishment that primarily is engaged in the retail sale of tobacco products for consumption
by customers on the premises and is required by Mass. General Law Ch. 270, §22 to maintain a valid permit to
operate a smoking bar issued by the Massachusetts Department of Revenue, "Smoking bar" shall include, but
not be limited to, those establishments that are commonly known as "cigar bars" and "hookah bats".
Tobacco Product: Any 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, or
electronic cigarettes, electronic cigars, electronic pipes, electronic hookah, or other similar products, regardless
of nicotine content, that rely on vaporization or aerosolization. "Tobacco product" includes any component or
part of a tobacco product. "Tobacco product" does not include any product that has been approved by the
United States Food and Drug Administration either as a tobacco use cessation product or for other medical
purposes and which is being marketed and sold or prescribed solely for the approved purpose.
Vending Machine: Any automated or mechanical self-service
any other form of payment, dispenses or makes cigarettes or>,�
Q
1. No person shall sell tobacco products or ,perrmt tobacco pod)rc
under the minimum legal sales age; or not being the z dividual's j
as defined herein, to a person under the mrmmWt egal sales age.
is [AGE].
2. Required Signage
a, In conformance with
other
[city/to*XBoard of Healtl
cons reuou b the ermi
p sIY�y p
may be readllgseen by a pe:
face the purchase7iatd shall
greater than 9 feet;QXn the
sell tobacco products'ie-,ta
Massachusetts Departmerith�
upon insertion of money, tokens or
co products, as defined herein,
defined herein,'to be sold to a person
or legal guardian, give tobacco products,
legal sales age in [city/town]
n4o Massachusetts General Law, Chapter 270, Section 7, a copy of
rter 270 Sectron-6, shall be posted conspicuously by the owner or
e shop ar outer place used to sell tobacco products at retail. The
asachusetts Department of Public Health and made available from the
oti'ee, shall be at least 48 square inches and shall be posted
m ttre retail establishment or other place in such a manner so that it
aiding - fi or approaching the cash register, The notice shall directly
obstructed from view or placed at a height of less than 4 feet or
'he owner or other person in charge of a shop or other place used to
conspicuously post any additional signs required by the
is Health.
b. The owner or other person in charge of a shop or other place used to sell tobacco products, as defined
herein, at retail shall conspicuously post signage provided by the [city/town] Board of Health that
discloses current referral information about smoking cessation.
c. The owner or other person in charge of a shop or other place used to sell tobacco products, as defined
herein, at retail shall conspicuously post a sign stating that "The sale of tobacco products, including e-
cigarettes, to someone under the minimum legal sales age of [AGE] years is prohibited." The notice
shall be no smaller than 8.5 inches by 11 inches and shall be posted conspicuously in the retail
establishment or other place in such a manner so that they may be readily seen by a person standing at or
approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed
fiom view or placed at a height of less than four (4) feet or greater than nine (9) feet from the floor,
3. Identification: Each person selling or distributing tobacco products, as defined herein, shall verify the age of
the purchaser by means of a valid government -issued photographic identification containing the bearer's date of
birth that the purchaser is AGE years old or older. Verification is required for any person under the age of 27.
4. All retail sales of tobacco products, as defined herein, must be face-to-face between the seller and the buyer
and occur at the permitted location. [NOTE: If your regulatory language allows for any vending machines
or any self-service displays, permissible pursuant to both U.S. FDA and Massachusetts Attorney General
regulations, add this phrase to the end of the above sentence:
not omit this section as it is useful in banning the home delivery
E. Tobacco Product Sales Permit:
1. No person shall sell or otherwise distribute tobacco
[city/town] without first obtaining a Tobacco Product
Health, Only owners of establishments witlr a perrnan
apply for a permit and sell tobacco products afthe-spe
2. As part of the Tobacco Product Sales Permit `a
[city/town] regulation. Each alroantas,required
regulation and that the appl>cat}a§ resposi_ble for
tobacco product sales regardii"decal, s'ti6 and
3. Each applicant wlao so.
issued by the M�'
gsachulktt
Sales Permit d, issued.
4. The fee for a TAkeo Product
5. A separate permit is retitred for
as
as provided in Section(s) _." Do
mo products.]
Led herein, within the [city/town] of
ed annually`by:tilc [city/town] Board of
,cation in [city/town] are eligible to
[city/town].
?,plieant will be provided with the
lag that the applicant has read said
employees who will be responsible for
sale of tobacco and this regulation.
proof of a current Tobacco Retailer License
i by state law, before a Tobacco Product
be determined by the [city/town] Board of Health annually.
establishment selling tobacco products, as defined herein.
6. Each Tobacco Product Sales,,Permi shall be displayed at the retail establishment in a conspicuous place.
7. No Tobacco Product Sales Perri2)Older shall allow any employee to sell tobacco products, as defined
herein, until such employee reads this regulation and federal and state laws regarding the sale of tobacco
products and signs a statement, a copy of which will be placed on file in the office of the employer, that he/she
has read the regulation and applicable state and federal laws,
8. A Tobacco Product Sales Permit is non -transferable. A new owner of an establishment that sells tobacco
products, as defined herein, must apply for a new permit. No new permit will be issued unless and until all
outstanding penalties incurred by the previous permit holder are satisfied in full,
W
9, Issuance of a Tobacco Product Sales Permit shall be conditioned on an applicant's consent to unannounced,
periodic inspections of his/her retail establishment to ensure compliance with this regulation.
10. A Tobacco Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued
and the time period to appeal the fines has expired and/or has not satisfied any outstanding permit suspensions.
11, Maximum Number of Tobacco Product Sales Permits.
(a) At any given time, there shall be no more than [number (XX)] Tobacco Product Sales Permits issued in
[city/town]. No permit renewal will be denied based on the requirements of this subsection except any
permit holder who has failed to renew his or her permit within thirty (30) days of expiration will be
treated as a first-time permit applicant, Applicants who purehusea business that holds a current
Tobacco Product Sales Permit at the time of the sale of said business may apply, within sixty (60) days
of such sale, for the permit held by the Seller if the Buyer snteVds to sell tobacco products, as defined
herein. New applicants for permits who are applying at atime'"kn the maximum number of permits
have been issued will be placed on a waiting list and will be eligible tp. apply for a permit on a "first -
come, first -served" basis as issued permits are elthei not renewed or a,, eturned to the Board of Health.
s'
(b) As of [date], any permit not renewed either because^a retaile�_,no longer sells tobacco products, as
defined herein, or because a retailer closes the retail usmes01 .§1 all be returned1b.the [city/town] Board
of Health and shall be permanently retried by the Board ofealth and the total allowable number of
Tobacco Product Sales Permits undereparagiab 11(a) strap be reduced by the number of the retired
permits. [NOTE: If this subsection rs ru lasted, eQmove thelat sentence of section 11(a).1
12. A Tobacco Product Sales Permit shall not be issued to an y new: apphcarit for a retail location within 500 feet
of a public or private elerrieuiary or secondary school asaeasuied<:by a straight line from the nearest point
of the property line of the ichool to th& iearest point of fhe propefty'line of the site of the applicant's
business premises. Applicai � who purai ase an existing business that holds a current Tobacco Product
Sales Permit at the-tiXIII me of th6sale o said1tusmess may apply, within sixty (60) days of such sale, for the
permit held by,flze Sellersf the 80ex mten&s to sell tobacco products, as defined herein,
F
1. No person shall sell or 4`tribute or cause to be sold or distributed a single cigar.
2. No person shall sell or distribta o`r ;cause to be sold or distributed any original package of two or more
cigars, unless such package is priced£or retail sale at $5.00 or more.
3. This Section shall not apply to:
a. The sale or distribution of any single cigar having a retail price of two dollars and fifty cents ($2,50) or
more.
b. A person or entity engaged in the business of selling or distributing cigars for commercial purposes to
another person or entity engaged in the business of selling or distributing cigars for commercial
purposes with the intent to sell or distribute outside the boundaries of [city/town].
4. The [city/town] Board of Health may adjust from time to time the amounts specified in this Section to reflect
changes in the applicable Consumer Price Index by amendment of this regulation,
G.__Sale of Flavored Tobacco Products Prohibited:
No person shall sell or distribute or cause to be sold or distributed any flavored tobacco product, except in
smoking bars and retail tobacco stores.
H. Prohibition of the Sale of Blunt Wraps:
No person or entity shall sell or distribute blunt wraps in
I. Free Distribution and Coupon Redemption:
No person shall distribute, or cause to be d�strbuted, any
No means, instruments or devices that allow for the:�eder
free or cigarettes at a price below the minimum retail pixc
Revenue shall be accepted by any jZ it holder ;'.t,
J. Out -of -Package Sales:
The sale or distril
wrapped pack#,ge
herein, for retail„
cigarette package
-of tobacco prod) , as defined herein,
tobacco products, as defined herein, for
=by the Massachusetts Department of
n ox Tobacco produels, as defined herein;, in any form other than an original factory-
ohrbrtec); ittcludrn"gihe repac]Cagrrxg of dispensing of any tobacco product, as defined
No person may1se110 cause to be sold or distribute or cause to be distributed any
contains fewer than twer�ty(20) cigarettes, including single cigarettes,
K. Self -Service Displays:
All self-service displays of tobacco? 6p ucts, as defined herein, are prohibited. All humidors including, but not
limited to, walk-in humidors must be locked, [Additional Compromise Language: The only self-service
displays that are permissible pursuant to U.S. FDA and Massachusetts Attorney General regulations are
displays that are located in Retail Tobacco Stores that ensure that no person younger than eighteen (18)
years is present, or permitted to enter, at any time.]
L. Vending Machines:
10
All vending machines containing tobacco products, as defined herein, are prohibited. [Additional Compromise
Language: The only vending machines that are permissible are those selling cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco or snuff pursuant to U.S. FDA and Massachusetts Attorney
General regulations are machines equipped with lock -out devices, located in facilities that ensure that no
person younger than eighteen (18) years is present, or permitted to enter at any time, and that hold valid
pouring liquor licenses. A lock -out device locks out sales from the vending machine unless a release
mechanism is triggered by an employee. The release mechanism must not allow continuous operation of
the vending machine and must be out of the reach of all consumers and in a location accessible only to
employees.]
M. Non -Residential Roll -Your -Own Machines:
All Non -Residential Roll -Your -Own machines are
PH
No health care institution located in
herein. No retail establishment that operates of
optician/optometrist or drug store, shall sell or
M
No educational
herein. This ing"
of an educatiS'
P. Violations:
1. It shall be the responsibili
compliance with all sections
sell or cause.q be sold tobacco products, as defined
iealth care institution within it, such as a pharmacy,
o be`. Wd tobac&,j' 'ducts, as defined herein,
ruse to be sold tobacco products, as defined
retail establishments that operate on the property
permit holder and/or his or her business agent to ensure
The violator shall receive:
a. In the case of a first violation, a fine of one hundred dollars ($100.00). [NOTE: Fines can be higher
than these suggested fines; however if a fine is over $300, non -criminal disposition cannot be used
as an enforcement tool.]
b. In the case of a second violation within [24,361 months of the date of the current violation, a fine of two
hundred dollars ($200.00) and the Tobacco Product Sales Permit (shall/may] be suspended for seven (7)
consecutive business days.
11
c. In the case of three or more violations within a [24, 36] month period, a fine of three hundred dollars
($300.00) and the Tobacco Product Sales Permit [shall/may] be suspended for thirty (30) consecutive
business days.
d. In the case of further• violations or repeated, egregious violations of this regulation within a [24, 361
month period, the Board of Health may revoke a Tobacco Product Sales Permit.
2. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the Tobacco
Product Sales Permit for thirty (30) consecutive business days.
3, In addition to the monetary fines set above, any permit holder who
tobacco products while his or her permit is suspended shall be subjeo;
issued permits for thirty (30) consecutive business days.
4. The [city/town] Board of Health shall provide notice
Sales Permit, which notice shall contain the reasons the
date shall be no earlier than seven (7) days after the d ,
shall have an opportunity to be heard at such hearing aii
the reasons therefor in writing. After a hearing, the [city
the Tobacco Product Sales Permit if the Board of Healtl
purposes of such suspensions or revocations; t
separate criminal or non -criminal proceedings
Laws for the same offense, All tobacco nroduc
establishment upon
tobacco products, as
N
Whoever violat&
as provided in Ma:
appropriate venue.
Each day any violation
R. Enforcement:
6
n.and establis"
s in the sale or distribution of
suspension of all Board of Health
or revoke a Tobacco Product
and date for a hearing which
said notice The phi x it, holder or its business agent
(all be notified of the B;gW of Health's decision and
Health [shailhhay] suspend or revoke
ation of this regulation occurred. For
determination notwithstanding any
Ile or under the Massachusetts General
A from the retail
Failure to remove all
this regulation.
y be penalized by the non -criminal method of disposition
40, Section 21D or by filing a criminal complaint at the
to be a separate offense.
Enforcement of this regulation shall be by the [city/town] Board of Health or its designated agent(s).
Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the
[city/town] Board of Health or its designated agent(s) and the Board shall investigate,
12
S. Severability:
If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected
thereby but shall continue in full force and effect.
T.1Gffective Date:
This regulation shall take effect on
2.
3.
2014.
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