State tobacco rules updated to cover e-cigarettes

The attorney general’s office has updated regulations regarding tobacco and e-cigarette sales, effective Sept. 25.

The revised cigar regulation (940 CMR 22.00) and cigarette/cigar/smokeless tobacco/electronic smoking device regulation (940 CMR 21.00) recognize that several cities and towns have raised their “minimum legal sales age” above the state’s minimum age of 18. The state regulations will not supersede any local, higher sales age regulations.

The updated state regulations cover all traditional and combustible tobacco products, including cigarettes, cigars, and smokeless tobacco. For the first time, they also cover electronic smoking devices, which includes any product that can deliver nicotine to users through the inhalation of vapor (such as e-cigarettes), and the component parts of such products (including liquids and gels, irrespective of whether such liquids and gels contain nicotine).

The regulations apply to all parties that manufacture, package, import, distribute, or sell the covered products in Massachusetts.

These regulations do not cover FDA-approved smoking cessation devices.

Businesses must keep all covered products out of reach of all customers and in a location only accessible by retail personnel. All such products must be sold through a face-to-face exchange between the retailer and customer, without the assistance of a vending machine or any other device. (Sales from certain vending machines are allowed if located in an adult-only retail facility that is licensed to sell alcohol. Certain, limited exceptions to the face-to-face rule exist, including for mail-order and Internet sales.)

Retailers must implement all prevention measures reasonably necessary to prevent the sale of covered products to those below the minimum sales age. Further guidance regarding compliance can be found at 940 CMR 21.04(3).

Covered businesses may not provide samples or any free distribution of any covered product, or provide free promotional items in exchange for the purchase of any covered product. They also may not distribute or sell any product in a quantity that is smaller than the smallest package distributed by the manufacturer for individual consumer use.

Beginning March 15, 2016, all nicotine liquid and gel substances must be sold in child-resistant packaging.