§ 29 — Sale of electronic nicotine delivery systems; definitions; exceptions; penalties

Massachusetts § 29

• Jurisdiction: Massachusetts
• Part IV: CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
• Title I: CRIMES AND PUNISHMENTS
• Ch. 270: CRIMES AGAINST PUBLIC HEALTH

Text

Section 29. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:''Electronic nicotine delivery system'', an electronic device, whether for 1-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that ''electronic nicotine delivery system'' shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that ''electronic nicotine delivery system'' shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that ''electronic nicotine delivery system'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose.''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.''Retail tobacco store'', shall have the same meaning as in section 22.''Smoking bar'', shall have the same meaning as in section 22.(b) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to retail tobacco stores or smoking bars.(c) A person who violates this section shall be subject to the same fines established for violations of section 6.