HomeMy WebLinkAboutTOWN OF BARNSTABLE PROPOSED NICOTINE AND TOBACCO REGULATIONS 02_02_2026Public Hearing – Proposed Tobacco and Nicotine Control Regulations
Town of Barnstable
Inspectional Services
Public Health Division
200 Main Street, Hyannis MA 02601
Office: 508-862-4644 FAX: 508-790-6304 Thomas A. McKean, RS, CHO
CONTACT:
Thomas McKean
Thomas.McKean@barnstable.gov
PHONE: 508 862-4644
Public Meeting Announcement Regarding Proposed Regulations
Restricting the Sale of Nicotine and Tobacco Products
(BARNSTABLE, MA – February 2, 2026) The Town of Barnstable Board of Health will be holding
a Public Hearing regarding Proposed Tobacco and Nicotine Control Regulations on Tuesday, February
24, 2026 at 3:00 PM.
This Public Hearing will be held at the Barnstable Town Hall, 367 Main Street Hyannis, on the second
floor in James H. Crocker Jr. Hearing Room.
Attached is the proposal which will be discussed.
Please note that the Yellow highlighted sections contain language copied from the latest State laws and
the Massachusetts Department of Public Health (MA DPH) regulations.
Green highlighted sections are unique proposed local policy decisions to be decided upon by the Board
of Health.
FY 2025 SAMPLE REGULATION RESTRICTING
THE SALE OF NICOTINE PRODUCTS
CHECKLIST FOR POLICY DECISIONS:
1. No permit renewal if outstanding fines exist (§E.6) YES NO
2. No permit renewal if three sales to persons under 21 (§E.7) YES NO
3. No sales to the following persons (select one):
Any person under the age of 21 (___)
*Nicotine Free Generation (___)
4. No new permits within 500 feet of a school (§E.8)
1,000 (___) | 2,000 (___) | 3,000 (___) | or more (___) YES NO
5. No new permits within (---) feet of an existing retailer (§E.8) YES NO
1,000 (___) | 2,000 (___) | 3,000 (___) | or more (___)
6. Cap and/or reduce number of permits (§E.10) YES NO
Simple Cap (___) | Reducing Cap (___)
7. Ban Smoking Bars (§F) YES NO
8. Include minimum cigar package size/price (§H) YES NO
9. Oral Nicotine Pouches (§G)
Prohibit more than 6 mg of nicotine per pouch YES NO
Sale restricted to adult only retailers YES NO
10. Ban blunt wraps (§K) YES NO
11. Ban free distribution of tobacco products (§L.1) YES NO
12. Ban redemption of coupons (§L.2) YES NO
13. Ban self-service displays (§N) YES NO
14. Ban tobacco product sales in educational institutions (§R) YES NO
15. Fining Structure System (§T) YES NO
Separate State and Local Fines (___) | One Set of Fines (___)
16. Tolling periods for local violations (§S) YES NO
State level at 36 months (___) | Over 36 months (___)
17. Choose suspension periods (§T)
First violation: 1 day (___) | 3 days (___) | 7 days (___)
Second violation: 3 days (___) | 7 days (___) | 14 days (___)
Third or more violations: 7 days | 14 days (___) | 30 days (___)
18. “Shall” vs. “May” language for suspensions (§T) SHALL MAY
*Nicotine Free Generation allows retailers to sell nicotine products to anyone who was 21 years
of age or older on an effective date. For everyone else, now and in the future, retailers will never
be allowed to sell nicotine products to them.
YELLOW highlighted sections are language copied from the latest state law and DPH regulation.
GREEN highlighted sections are uniquely local policy decisions (most are on the above checklist) to
be made by the Board of Health.
NO COLOR indicates that Boards of Health have previously adopted language.
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;1
Whereas, the U.S. Department of Health and Human Services has concluded that nicotine is as
addictive as cocaine or heroin2 and the Surgeon General found that nicotine exposure during
adolescence, a critical window for brain development, may have lasting adverse consequences
for brain development,3 and that it is addiction to nicotine that keeps youth smoking past
adolescence;4
Whereas, a Federal District Court found that Phillip Morris, RJ Reynolds and other leading
cigarette manufacturers “spent billions of dollars every year on their marketing activities in order
to encourage young people to try and then continue purchasing their cigarette products in order
to provide the replacement smokers they need to survive” and that these companies were likely
to continue targeting underage smokers;5
Whereas, the majority (90%) of smokers begin smoking before the age of 25, and over 5 million
youth and young adults (ages 25 and under) smoke;6
Whereas, cigars and cigarillos, can be sold in a single “dose;” and enjoy a low tax as compared
to cigarettes;7
Whereas, spitless tobacco, including oral nicotine pouches, sales have increased from 100,000
units a year in 2018 to over 700,000 units a year by 2023, and the current use among
Massachusetts high school students increased from 1% in 2019 to 3.2% in 2023;8
Whereas, nicotine use in any form during adolescence can cause addiction and can harm parts of
the brain that control attention, learning, memory, mood, and impulse control. Nicotine use may
also increase adolescents’ risk of future addiction to other drugs;9
1 U.S. Center for Disease Control and Prevention (CDC), Health Effects of Cigarette Smoking Fact Sheet (2021),
https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm.
2 CDC, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease,
(2010), http://www.cdc.gov/tobacco/data_statistics/sgr/2010/.
3 U.S. Dep’t of Health and Hum. Servs., The Health Consequences of Smoking – 50 Years of Progress: A Report of
the Surgeon General at 122 (2014), http://www.surgeongeneral.gov/library/ reports/ 50-years-of-progress/full-
report.pdf.
4 Id. at 13 (Executive Summary).
5 United States v. Phillip Morris, 449 F.Supp.2d 1, 1605-07 (D.D.C. 2006).
6 Center for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration,
Key substance use and mental health indicators in the United States: Results from the 2020 National Survey on
Drug Use and Health (HHS Publication No. PEP21-07-01-003, NSDUH Series H-56) (2021) (Retrieved from
https://www.samhsa.gov/data/).
7 CDC, Youth Risk Behavior, Surveillance Summaries (MMWR 2010: 59, 12, note 5) (2009) (Retrieved from:
http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf).
8 Massachusetts Dept. of Public Health, Updated Presentation: Monitoring the Impacts of MA Flavored Tobacco
Law (2024).
9 Campaign for Tobacco Free Kids, The Rise of Products Using Synthetic Nicotine (2021)
(https://assets.tobaccofreekids.org/factsheets/0420.pdf)
Whereas, spitless tobacco, in particular nicotine salt packages, provides a discrete, cheap nicotine
delivery system;10
Whereas, the Surgeon General found that exposure to tobacco marketing in stores and price
discounting increase youth smoking;11
Whereas, the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that
flavored tobacco products are “starter” products that help establish smoking habits that can lead
to long-term addiction;12
Whereas, the U.S. Surgeon General recognized in his 2014 report that a complementary strategy
to assist in eradicating tobacco-related death and disease is for local governments to ban
categories of products from retail sale;13
Whereas, the Massachusetts Department of Environmental Protection has classified liquid
nicotine in any amount as an “acutely hazardous waste;”14
Whereas, research indicates that the density and proximity of tobacco retailers increase smoking
behaviors, including number of cigarettes smoked per day, reduced smoking abstinence during a
quit attempt, and increased smoking prevalence among youth;15
Whereas, the density of tobacco retailers near adolescents’ homes has been associated with
increased youth smoking rates and initiation of non-cigarette tobacco product use;16
Whereas, tobacco retailers are more prevalent in underserved communities, especially in
neighborhoods with a higher proportion of African American or Hispanic residents;17
10 Ibid.
11 U.S. Dep’t of Health and Human Servs., Preventing Tobacco Use Among Youth and Young Adults: A Report of
the Surgeon General 508, 530 (2012) (www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-
report.pdf).
12 Food and Drug Administration, Fact Sheet: Flavored Tobacco Products (2011),
www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214.pdf; U.S.
Dep’t of Health and Human Services, Preventing Tobacco Use Among Youth and Young Adults: A Report of the
Surgeon General, 508, 539 (2012) www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-
report.pdf.
13 See fn. 3 at p. 85.
14 310 CMR 30.136
15 Ying-Chih Chuang et al., Effects of neighbourhood socioeconomic status and convenience store concentration on
individual level smoking, 59(7) J. Epidemiol Cmty Health 568 (2005) (doi: 10.1136/ jech.2004.029041); Shelley D.
Golden et al., County-level associations between tobacco retailer density and smoking prevalence in the USA, 2012,
17 (101005) Prev. Med. Rep. (Mar. 2020) (doi: 10.1016/j.pmedr.2019.101005); Eric C. Leas et al., Place-Based
Inequity in Smoking Prevalence in the Largest Cities in the United States, 179(3) JAMA Intern Med., 442 (2019)
(doi: 10.1001/jamainternmed.2018.5990); JG Lee et al., Associations of tobacco retailer density and proximity with
adult tobacco use behaviors and health outcomes: a meta-analysis. Tobacco Control. Published Online First: 03
September 2021; LR Reitzel et al., The effect of tobacco outlet density and proximity on smoking cessation.
American Journal of Public Health. 2011, 101(2):315-320; L Henriksen et al., Is adolescent smoking related to the
density and proximity of tobacco retailers and retail cigarette advertising near schools? Preventive Medicine. 2008,
47(2): 210-4.
16 LJ Finan et al., Tobacco Outlet Density and Adolescents’ Cigarette Smoking: A Meta-Analysis, 28(1) Tob Control.
27 (2019) (doi: 10.1136/tobaccocontrol-2017-054065); Abdel Magid HS et al., Tobacco Retail Density and
Initiation of Alternative Tobacco Product Use Among Teens, 66(4) J. Adolescent Health 423 (2020) (doi:
10.1016/j.jadohealth.2019.09.004).
17 Siahpush M. et al., Association of availability of tobacco products with socio-economic and racial/ethnic
characteristics of neighbourhoods, 124(9) Pub. Health 525 (2010) (doi: 10.1016/j. puhe.2010.04.010); Lee JG,et al.,
Whereas, policies to reduce tobacco retailer density have been shown to be effective and can
reduce or eliminate social and racial inequities in the location and distribution of tobacco
retailers;18
Whereas, the Massachusetts Supreme Judicial Court has held that “. . . [t]he right to engage in
business must yield to the paramount right of government to protect the public health by any
rational means.”19
Now, therefore it is the intention of the [city/town] Board of Health to regulate the sale of
tobacco products.
B. Authority:
This regulation is promulgated pursuant to the authority granted to the [city/town] Board of
Health by G.L. c.111, §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:
Adult-Only Retail Tobacco Store (also known as “Retail Tobacco Store” in G.L. c. 270): An
establishment that is not adjoined, that has a separate entrance not used by any other retailer, that
does not sell food, beverages or alcohol, that does not have a lottery license, whose only purpose
is to sell or offer for retail sale tobacco products and/or tobacco product paraphernalia, in which
the entry of persons under the age of 21 is prohibited at all times, and which maintains a valid
permit for the retail sale of tobacco products from the [city/town] Board of Health and
applicable state licenses. The entrance to the establishment must be secure so that access to the
establishment is restricted to employees and to those 21 years or older. The establishment shall
not allow anyone under the age of 21 to work at the establishment.
Blunt Wrap: Any product made wholly or in part from a tobacco product, manufactured or
packaged with loose and removable leaves or section of a leaf, or as a hollow tube, which may be
used by the consumer to wrap or contain loose tobacco or other fillers.
Bona Fide Purchaser for Value: A bona fide purchaser is someone who exchanges value for
property without any reason to expect irregularities in the transaction.
Business Agent: An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise in charge of said establishment.
Inequalities in tobacco outlet density by race, ethnicity and socioeconomic status, 2012, USA: results from the
ASPiRE Study, 71(5) J. Epidemiol Cmty Health 487 (2017) (doi: 10.1136/jech-2016-208475); D.O. Fakunle et al.,
Black, White, or Green? The Effects of Racial Composition and Socioeconomic Status on Neighborhood-Level
Tobacco Outlet Density, Ethn Health. 1 (2019) (doi: 10.1080/13557858.2019.1620178).
18 Ribisl KM, et al., Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near
Schools, 19(2) Nicotine Tobacco Res. 239 (2017) (doi: 10.1093/ntr/ntw185); HG, Henry et al., Tobacco Retail
Licensing and Density 3 Years After License Regulations in Philadelphia, Pennsylvania (2012-2019), 110 (4) Am J.
Pub. Health 547 (2020) (doi: 10.2105/AJPH.2019.305512); A.E. Myers et al., A comparison of three policy
approaches for tobacco retailer reduction, 74 Prev. Med. 67(2015) (doi: 10.1016/j.ypmed.2015.01.025).
19 Druzik et al v. Board of Health of Haverhill, 324 Mass. 129 (1949).
Characterizing Flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco,
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, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, 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.
Child-Resistant Package: Packaging intended to reduce the risk of a child ingesting nicotine and
that meets the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 through
1476.
Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing
tobacco, with or without a tip or mouthpiece, that is in a readily usable state immediately when
removed from its packaging without any modification, preparation or assembly required as in a
kit or roll-your-own package, and is not otherwise defined as a cigarette under G.L. c. 64C, §1,
Paragraph 1. Tobacco leaf in kits or roll-your-own packages shall be considered “blunt wraps”
for the purpose of this regulation.
Component Part: Any element of a tobacco product, including, but not limited to, the tobacco,
filter, and paper, but not including any constituent.
Constituent: Any ingredient, substance, chemical or compound, other than tobacco, water, or
reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the
processing, manufacturing, or packaging of the tobacco product.
Coupon: Any card, paper, note, form, statement, ticket, or other communication distributed for
commercial or promotional purposes to be surrendered to receive an article, service, or
accommodation without charge or at a discount price.
Distinguishable: Perceivable by either the sense of smell or taste.
Educational Institution: Any public or private college, school, professional school, scientific or
technical institution, university or other institution furnishing a program of higher education.
Electronic Nicotine Delivery System: An electronic device, whether for one-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.
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 a person
or group of persons who provides health care services and employs health care providers subject
to licensing under this chapter; or a retail establishment that sells pharmaceutical goods and
services and is subject to regulation by the board of registration in pharmacy. Health care
institutions include but are not limited to hospitals, clinics, health centers, pharmacies, drug
stores, doctors’ offices, and dental offices. [Exempted from state law G.L. c. 112, §61A, but
may be included in local regulations: A retail establishment that provides optician, optometric,
hearing aid or audiology services but is not subject to regulation by the board of registration in
pharmacy shall not be considered a health care institution].
Liquid Nicotine Container: A package:
1. from which nicotine in a solution or other form is accessible through normal and foreseeable
use by a consumer; and
2. that is used to hold a soluble nicotine in any concentration; provided however, that "liquid
nicotine container" shall not include a sealed, prefilled and disposable container of nicotine
in a solution or other form in which the container is inserted directly into an electronic
cigarette, electronic nicotine delivery system or other similar product if the nicotine or other
substance in the container is inaccessible through customary or reasonably foreseeable
handling or use, including reasonably foreseeable ingestion or other contact by children.
Listed or Non-Discounted Price: The higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising or display at the place
where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not
included in the stated price, and before the application of any discounts or coupons.
Manufacturer Documentation: A written document from a manufacturer that certifies which of
each of its products is not flavored, as defined under Massachusetts law and these regulations.
Manufacturer Documentation shall also mean a written document from a manufacturer that
certifies the nicotine content expressed as milligrams per milliliter for each of its Electronic
Nicotine Delivery System products. A manufacturer documentation must:
1. Be written by the manufacturer of the product(s).
2. Certify that the product(s) listed in the documentation are neither flavored nor have a
characterizing flavor as defined by 105 CMR 665.005.
3. Include an attestation clause indicating that the “letter is true and accurate.”
4. State that the “manufacturer will immediately provide an updated letter to correct any
inaccuracy.”
5. State that the person signing the letter “is authorized on behalf of the manufacturer to sign the
letter.”
6. Contain a signature of the manufacturer’s corporate officer or an owner; and
7. For any Electronic Nicotine Delivery System product, certify that it does not have a nicotine
content greater than 35 milligrams per milliliter. The content amount must be in “milligrams
per milliliter.” If the nicotine content is documented in a separate letter, the above-listed
requirements must be included in that separate letter.
Note that a Manufacturer’s Documentation IS NOT conclusive evidence that a product is
unflavored. A board of health may conduct a smell/taste test to determine if a
manufacturer’s documentation misrepresents whether a product is flavored.
Non-Residential Roll-Your-Own (RYO) Machine: A mechanical device made available for use
(including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or
roll-your-own tobacco solely for the individual's own personal consumption or use) that can
make cigarettes, cigars, or other tobacco products. RYO machines located in private homes used
solely for personal consumption are not Non-Residential RYO machines.
Oral Nicotine Pouches: Pre-portioned pouches containing nicotine and other ingredients,
intended to be used between the cheek and gum to deliver nicotine.
Permit Holder: Any retailer engaged in the sale or distribution of tobacco products who applies
for and receives a tobacco product sales permit or any person who is required to apply for a
Tobacco Product Sales Permit pursuant to these regulations, or their business agent.
Retailer: Any person, firm, partnership, association, corporation, company, or organization of
any kind, including but not limited to, an owner, operator, manager, proprietor, or person in
charge of any establishment, business or retail store.
Retail Establishment: A physical place of business or a section of a physical place of business in
which a tobacco product is offered for sale to consumers.
Rolling Papers: Sheets, rolls, tubes, cones, wraps, or leaves, which do not contain tobacco, which
are used for rolling cigarettes either by hand or with a roll-your-own machine. [NOTES: This
relates to flavor enhancers, see last sentence of Tobacco Product Flavor Enhancer definition.
Adding this definition will permit banning flavored non-tobacco, non-nicotine wraps such as
hemp wraps.]
Self-Service Display: Any display including an unlocked humidor regardless of size from 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.
Smoking Bar: An establishment that: (i) exclusively occupies an enclosed indoor space and is
primarily engaged in the retail sale of tobacco products for consumption by customers on the
premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental
to the sale of a tobacco product and prohibits entry to a person under 21 years of age; (iii)
prohibits a food or beverage not sold directly by the establishment from being consumed on the
premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be
issued by the [City/Town] of [city/town]; and (v) maintains a valid license issued by the
department of revenue to operate as a smoking bar. “Smoking bar” shall include, but not be
limited to, those establishments that are commonly known as “cigar bars,” “hookah bars” and
“vape bars.”
Tobacco Product Flavor Enhancer: Any product designed, manufactured, produced, marketed, or
sold to produce a characterizing flavor when added to any tobacco product. A rolling paper with
a characterizing flavor shall be considered a Tobacco Product Flavor Enhancer.
Tobacco Product: A product containing or 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, electronic cigarettes, electronic cigars,
electronic pipes, electronic nicotine delivery systems or any other similar products that rely on
vaporization or aerosolization regardless of nicotine content in the product; provided, however,
that “tobacco product” shall also include any component, part or accessory of a tobacco product;
and provided further, that “tobacco product” 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 the
approved purpose.
Vending Machine: Any automated or mechanical self-service device, which upon insertion of
money, tokens, or any other form of payment, dispenses or makes cigarettes or any other tobacco
products available, as defined herein.
D. No Tobacco Sales to Persons [under Twenty-One (21) Years Old] OR [Born on or after
January 1, 2005.]
1. No retailer or person shall sell or provide a tobacco product to a person [under twenty-one
(21) years old] or [born on or after January 1, 2005].
2. Required Signage:
a. All retail establishments, [including smoking bars and adult-only retail tobacco
stores] shall conspicuously post signage, made available from the [city/town] Board of
Health. Such signage shall include: (i) referral information for smoking cessation
resources; (ii) a statement that sale of tobacco products, including e-cigarettes, [to
someone younger than 21 years of age] or [to a person born on or after January 1, 2005]
is prohibited; (iii) health warnings associated with using electronic nicotine delivery
systems; and (iv) except in the case of smoking bars, notice to consumers that the sale of
flavored tobacco products are prohibited at all times. Such signage shall be posted
conspicuously in the retail establishment or other place in such a manner so that it 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 from view or placed at a height of
less than four feet or greater than nine feet from the floor. The signage may be in a form
developed and made available by the Massachusetts Department of Public Health.
b. All smoking bars and adult-only retail tobacco stores shall post signage, in the form
developed and made available by DPH, on the exterior of the door providing entrance to
the tobacco retail store or smoking bar and such sign shall not be obstructed from view or
placed at a height of less than four feet or greater than nine from the bottom of the door.
Such signage shall state that "No person younger than 21 years old is permitted on the
premises at any time.”
c. All smoking bars and those adult-only retail tobacco stores that allow for onsite
consumption of tobacco products shall post signage, in the form developed and made
available by DPH, on the exterior of the door providing entrance to the tobacco retail
store or smoking bar and such sign shall not be obstructed from view or placed at a height
of less than four feet or greater than nine from the bottom of the door. Such signage shall
warn persons entering that smoking and vaping may be present on the premises and
provide information concerning the health risks associated with secondhand smoke and
the use of tobacco products, including electronic nicotine delivery systems.
3. Identification:
a. Each person selling or distributing tobacco products shall first verify the age of every
purchaser of tobacco products by means of a valid government-issued photographic
identification containing the bearer's date of birth that the purchaser is [21 or older] or
[born on or before January 1, 2005].
b. Each person admitting entrance into a smoking bar or adult-only retail tobacco store shall
first verify the age of every person entering is 21 or older by means of a valid
government-issued photographic identification containing the bearer's date of birth.
E. Tobacco Product Sales Permit:
1. No retailer or person shall sell or otherwise distribute or offer for sale tobacco products, as
defined herein, within the [City or Town] of [city/town] without first obtaining a Tobacco
Product Sales Permit issued annually by the [city/town] Board of Health. Only owners of
establishments with a permanent, indoor, non-mobile location in [city/town] are eligible to
apply for a permit and sell tobacco products, as defined herein, at the specified location in
[city/town].
2. As part of the Tobacco Product Sales Permit application process, the applicant will be
provided with the [city/town] regulation. Each applicant is required to sign a statement
declaring that the applicant has read said regulation and that the applicant is responsible for
instructing all employees who will be responsible for tobacco product sales regarding federal,
state and local laws about the sale of tobacco and this regulation.
3. Each applicant who sells tobacco products is required to provide proof of current Tobacco
Retailer Licenses issued by the Massachusetts Department of Revenue, when required by
state law, before a Tobacco Product Sales Permit can be issued. Applicant may be asked to
provide evidence that a legitimate business transfer or business purchase has taken place.
4. A separate permit, displayed conspicuously, is required for each retail establishment selling
tobacco products, as defined herein. The [city/town] Board of Health shall determine the fee
annually. All required Massachusetts Department of Revenue licenses related to the sale of
tobacco products, as defined herein, must also be displayed conspicuously at the retail
establishment.
5. 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. Neither the permit holder nor their employees shall interfere with or obstruct
an inspection.
6. A Tobacco Product Sales Permit will not be renewed if the permit holder has failed to pay all
fines issued and the time to appeal the fines has expired and/or the permit holder has not
satisfied any outstanding permit suspensions.
7. A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco
product to a person [under the age of 21] or [born on or after January 1, 2005] three times
within the previous permit year and the time to appeal has expired. The violator may request
a hearing in accordance with subsection 6 of the Violations section.
8. Retail Density.
a. A new Tobacco Product Sales Permit shall not be issued to any new applicant for a retail
location within five hundred (500) feet of a public or private elementary or secondary
school as measured by a straight line from the nearest point of the property line of the
school to the nearest point of the property line of the site of the applicant’s business
premises
b. A new Tobacco Product Sales Permit shall not be issued to any new applicant for a retail
location within ____________ feet [For example 1,000, 2,000, 3,000 feet or more] of
an existing retailer with a valid Tobacco Product Sales Permit as measured by a straight
line from the nearest point of the property line of the retailer with a valid Tobacco
Product Sales Permit to the nearest point of the property line of the site of the applicant's
business premises.
c. If the purchaser of a business with a valid tobacco sales permit pursuant to Section E.9 or
the current holder of tobacco sales permit changes the location of the business, the new
location shall be subject to the retail density requirements of Section E.8.
9. Sale of Business.
a. Notwithstanding a cap on the total number of permit holders, the seller of a business
holding a valid tobacco sales permit may transfer said permit to a bona fide purchaser for
value of the business, subject to approval by the Board of Health, as required herein.
b. The purchaser shall apply for the transfer of the permit no later than (30) calendar days
after said purchase. The purchaser shall not sell tobacco product until the transfer of the
permit is approved by the Board of Health; and
c. All fines and suspensions of the previous owner must be satisfied prior to the sale.
10. Maximum Number of Tobacco Product Sales Permits.
[Basic Cap] [Option 1: If adopting this option, delete Option Two]
a. At any given time, there shall be no more than [number (XX)] Tobacco Product Sales
Permits issued in [city/town]. Any permit holder who has failed to renew their permit
within thirty (30) days of expiration will be treated as a first-time permit applicant.
b. New applicants for permits who are applying at a time when the maximum number of
permits have been issued will be placed on a waiting list and will be eligible to apply for
a permit on a “first-come, first-served” basis.
c. Applicants on the waiting list shall be responsible for ensuring up to date contact
information has been provided to the ___________ Board of Health. [NOTE: This is the
“basic” cap. When a town has the maximum number of permittees allowed, a
waiting list should be started with the name and contact information of prospective
tobacco retailers who are waiting to be contacted when a permit becomes available.]
[Retiring Cap] [Option 2: If adopting this option, delete Option 1]
As of the effective date of this regulation, any permit surrendered, revoked or not renewed
either because a retailer no longer sells tobacco products, as defined herein, or because a
retailer closes the retail business, shall be returned to the [city/town] Board of Health and
shall be permanently retired by the Board of Health
F. Prohibition of Smoking Bars:
Smoking Bars are prohibited in the [City/Town] of [city/town]. [If this section is adopted,
delete language in the “required signage: section relative to smoking bars].
G. Oral Nicotine Pouches
[No retailer or person shall sell or distribute or cause to be sold or distributed oral nicotine
pouches with a nicotine content greater than 6 mg/per individual pouch.]
OR
[The sale or distribution of oral nicotine pouches is restricted to adult only retail tobacco stores]
H. Cigar Sales Regulated:
1. No retailer or person shall sell or distribute or cause to be sold or distributed a single cigar
unless such cigar is priced for retail sale at two dollars and ninety cents ($2.90) or more.
2. No retailer or person shall sell or distribute or cause to be sold or distributed any original
factory-wrapped package of two or more cigars unless such package is priced for retail sale at
five dollars and eighty cents ($5.80) or more.
3. This Section shall not apply to 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.
I. Sale of Flavored Tobacco Products Prohibited:
No retailer or person, as defined herein, shall possess, hold, keep, sell or distribute or cause to be
possessed, held, kept, sold or distributed any flavored tobacco product, as defined herein, or any
flavored tobacco product enhancer, as defined herein, (NOTE: If the municipality permits
smoking bars add this phrase [except in smoking bars for on-site consumption only]).
Retailers must obtain Manufacturer Documentation as described in Section C, certifying that all
products possessed, held, kept, sold, or distributed by the retailer do not meet the definition of a
flavored tobacco product or tobacco product flavor enhancer (105 CMR 665.010(E)).
J. Nicotine Content in Electronic Nicotine Delivery Systems:
No retailer or 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 adult-only retail tobacco stores or smoking bars.
Retailers must obtain Manufacturer Documentation verifying that all electronic nicotine delivery
products possessed, held, kept, sold, or distributed by the retailer indicating the nicotine content
expressed as milligrams per milliliter for each electron nicotine delivery system to be sold in the
retail establishment (105 CMR 665.010(C)).
K. Prohibition of the Sale of Blunt Wraps:
No retailer or person shall sell or distribute blunt wraps in [city/town].
L. Free Distribution, Coupon Redemption and Discount Pricing: No retailer or person shall:
1. Distribute or cause to be distributed, any free samples of tobacco products, as defined herein.
2. Accept or redeem, offer to accept, or redeem, or cause or hire any person to accept or redeem
or offer to accept or redeem any coupon that provides any tobacco product, as defined herein,
without charge or for less than the listed or non-discounted price; and
3. Sell a tobacco product, as defined herein, through any discount (e.g., "buy-two-get-one-free")
if the sale reduces the price of a pack to less than the listed or non-discounted price.
M. Out-of-Package Sales:
1. The sale or distribution of tobacco products, as defined herein, in any form other than an
original factory-wrapped package is prohibited, including the repackaging, or dispensing of
any tobacco product, as defined herein, for retail sale. No retailer or person, as defined
herein, shall possess, hold, keep, sell, or distribute or cause to be possessed, held, kept, sold,
or distributed any cigarette package that contains fewer than twenty (20) cigarettes, including
single cigarettes.
2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310
CMR 30.000, Massachusetts Hazardous Waste Regulations.
3. All permit holders must comply with 940 CMR 21.05 which reads: “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 standard for special packaging as
set forth in 15 U.S.C.§§1471 through 1476 and 16 CFR §1700 et seq.”
4. No permit holder shall refill a cartridge that is prefilled with nicotine in a liquid or gel
substance and sealed by the manufacturer and not intended to be opened by the consumer or
retailer.
N. Self-Service Displays:
All self-service displays of tobacco products, as defined herein, are prohibited. All humidors
including, but not limited to, walk-in humidors must be locked.
Adult-Only Retail Tobacco Stores are exempt from this section.
O. Vending Machines:
All vending machines containing tobacco products, as defined herein, are prohibited.
P. Non-Residential Roll-Your-Own Machines:
All Non-Residential Roll-Your-Own machines are prohibited.
Q. Prohibition of the Sale of Tobacco Products by Health Care Institutions:
No health care institution located in [city/town] shall sell or cause to be sold tobacco products,
as defined herein. No retail establishment that operates or has a health care institution within it,
such as a pharmacy, optician/optometrist, or drug store, shall sell or cause to be sold tobacco
products, as defined herein.
R. Prohibition of the Sale of Tobacco Products by Educational Institutions:
No educational institution located in [city/town] shall sell or cause to be sold tobacco products,
as defined herein, including by any person or retailer on the property of an educational
institution.
S. Incorporation of State Laws and State Regulations:
1. The sale or distribution of tobacco products, as defined herein, must comply with state
statutes including but not limited to those provisions found at G.L. c. 270, §§6, 6A, 7, 28, 29
and G.L. c. 112, §61A.
2. The sale or distribution of tobacco products, as defined herein, must comply with state
regulations including but not limited to those provisions found at 940 CMR 21.00, Sale and
Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in
Massachusetts, 940 CMR 22.00 Sale and Distribution of Cigars in Massachusetts; and 105
CMR 665.00, Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine
Delivery Systems.
T. Violations:
[Choose Option 1 or Option 2 below. Delete the unchosen option.]
[Option 1: This fining structure creates separate fines for state laws and for policies only
established by local regulation. The fines for states policies are $1000/$2000/$5000. The
fines for local policies are up to $300. See the checklist below for state laws and local
policies.]
1. It shall be the responsibility of the establishment, permit holder and/or his or her business
agent, and not their employees, to ensure compliance with all sections of this regulation. For
violations of the sections of this regulation that incorporate G.L. c. 270, §§6, 28, 29 and 105
CMR 665.000, and violations of §D of this regulation, the following penalties apply:
a. In the case of a first violation, a fine of one thousand dollars ($1,000.00) shall be issued
and, additionally, if the violation is a sale of a tobacco product to a person under the age
of 21 the Tobacco Product Sales Permit shall be suspended for [BOH decision: either
state language: “up to 30 consecutive business days” or choose a specific day
duration between 1 - 30 consecutive business days.]
b. In the case of a second violation within thirty-six (36) months of the date of the current
violation, a fine of two thousand dollars ($2,000.00) shall be issued and the Tobacco
Product Sales Permit [shall / may] be suspended for ______ days [choose a specific day
duration: one (1) to seven (7) or more] consecutive business days.
c. In the case of three or more violations within a thirty-six (36)-month period, a fine of five
thousand dollars ($5,000.00) shall be issued and the Tobacco Product Sales Permit [shall
/ may] be suspended for _________ days [choose a specific day duration: seven (7)
days to thirty (30) or more] consecutive business days.
2. For violations of all other sections specific to the [city/town], except for §D of this
regulation, the violator shall receive:
a. In the case of a first violation, a fine of one hundred dollars ($100.00).
b. In the case of a second violation within thirty-six (36) 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.
c. In the case of three or more violations within a thirty-six (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.
3. List of state laws and local policies:
Policies Subject to State Law Fines Policies Subject to Local Regulation
• Tobacco and Vape Sales to persons under the age
of 21 (G.L. Ch. 270, §6)
• Flavored Tobacco Product Sales Restrictions (G.L.
Ch. 270, §28)
• Penalties for sales to a person under the age of 21
of Tobacco/Vape products (105 CMR 665.045)
• Local Tobacco Sales Permit suspension for a first
violation for sales to a person under the age of 21
of Tobacco/Vape products (105 CMR 665.040(d)
• Required Retailer Signage (105 CMR 665.015)
• Ban on Free Distribution (105 CMR 665.025)
• Ban on Self-Service Displays (105 CMR 665.010(B))
• Ban on Out-Of-Package Sales (105 CMR 665.030)
• Sales Without a Local Tobacco Product Sales Permit
for Smoking Bars and Retail Tobacco Stores only
(105 CMR 665.013(A))
• Failure to Check Identification of Purchaser (105
CMR 665.020)
• Nicotine Content in Electronic Nicotine Delivery
Systems (G.L. Ch. 270, §29)
• Coupon Redemption (105 CMR 665.025)
• Child-Proofed Liquid Nicotine Containers Required
(105 CMR 665.035)
• Nicotine Free Generation / Sales to
persons born on or after January 1,
2005
• Prohibition of the Sale of Blunt Wraps
• Ban on Smoking Bars
• Cigar Sales Regulated, including
minimum sales price regulations.
• Tobacco Product Sales in Health Care
Institutions as more broadly defined
than in state law.
• Tobacco Product Sales in Educational
Institutions
• Non-Residential Roll-Your-Own
Machines Ban
• Display of MA Department of Revenue
license(s)
• No Local Tobacco Sales Permit
• Retailer Density Minimums
• Transfer of Permit in Sale of Business
• Restricting Oral Nicotine Pouches to
adult-only retail tobacco stores
• Other local policies
• Failure to obtain manufacturer’s non-flavored
certification (105 CMR 665.010(E))
• Failure to obtain manufacturer’s nicotine content
certification (105 CMR 665.010(C))
• Admitting a person under the age of 21 into an
Adult-Only Retail Tobacco Store (105 CMR
665.020(B))
• Other state policies
5. In the case of four violations or repeated, egregious violations of any section of this
regulation, as determined by the Board of Health within a thirty-six (36)-month period, the
Board of Health shall hold a hearing in accordance with this regulation and, after such
hearing may permanently revoke a Tobacco Product Sales Permit.
6. Failure to cooperate or interference with inspections pursuant to this regulation shall result in
the suspension of the Tobacco Product Sales Permit for thirty (30) consecutive business days.
7. In addition to the monetary fines set above, any permit holder who engages in the sale or
distribution of tobacco products while their permit is suspended shall be subject to the
suspension of all Board of Health issued permits for thirty (30) consecutive business days.
Multiple suspensions of a Tobacco Product Sales Permit shall not be served concurrently.
8. A permit issued pursuant to this regulation may be suspended, revoked, or not renewed for
any of the following reasons:
a. Violation of the permit holder of any provision of state or local laws and/or regulations.
b. Fraud, misrepresentation, false material statement, concealment, or suppression of facts
by the permit holder in connection with an application for a permit or for renewal thereof.
9. The [city/town] Board of Health shall provide notice of the intent to suspend or revoke a
Tobacco Product Sales Permit, which notice shall contain the reasons therefor and establish a
time and date for a hearing which date shall be no earlier than seven (7) days after the date of
said notice. The permit holder or its business agent shall have an opportunity to be heard at
such a hearing and shall be notified of the Board of Health's decision and the reasons therefor
in writing. After a hearing, the [city/town] Board of Health shall impose fines and/or suspend
or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of
this regulation occurred. All tobacco products, as defined herein, shall be removed from the
retail establishment upon suspension or revocation of the Tobacco Product Sales Permit.
Failure to remove all tobacco products, as defined herein, shall constitute a separate violation
of this regulation.
10. For purposes of such fines, the Board of Health shall make the determination notwithstanding
any separate criminal or non-criminal proceedings brought in court hereunder or under the
Massachusetts General Laws for the same offense.
[Option 2: This option creates one set of fines for all violations, which is
$1,000/$2,000/$5,000. NOTE: When enforcing these fines for local policies, the filing of a
criminal complaint will be necessary. See the checklist of state and local policies included
below.]
1. It shall be the responsibility of the establishment, permit holder and/or his or her business
agent, and not their employees, to ensure compliance with all sections of this regulation. For
violations of the sections of this regulation the violator shall receive:
a. In the case of a first violation, a fine of one thousand dollars ($1,000.00) shall be issued
and, additionally, if the violation is a sale of a tobacco product to a person under the age of
21, or [born on or after January 1, 2005] the Tobacco Product Sales Permit shall be
suspended for _________ days.[BOH decision: either state language: “up to 30
consecutive business days” or choose a specific day duration between 1 - 30
consecutive business days.]
b. In the case of a second violation within thirty-six (36) months of the date of the current
violation, a fine of two thousand dollars ($2,000.00) shall be issued and the Tobacco
Product Sales Permit [shall/ may] be suspended for______ days [choose a specific day
duration: one (1) to seven (7) or more] consecutive business days.
c. In the case of three or more violations within a thirty-six (36)-month period, a fine of five
thousand dollars ($5,000.00) shall be issued and the Tobacco Product Sales Permit
[shall/may] be suspended for _________ days [choose a specific day duration: seven (7)
days to thirty (30) or more] consecutive business days.
2. List of state laws and local policies:
FINES FOR THE BELOW LISTED STATE LAWS
MAY BE ISSUED AFTER AN ADMINISTRATIVE
HEARING BY THE BOARD OF HEALTH
FINES FOR THE BELOW LISTED LOCAL
LAWS MUST BE ENFORCED THROUGH
AN APPLICATION FOR A CRIMINAL
COMPLAINT
• Tobacco and Vape Sales to persons under the
age of 21 (G.L. Ch. 270, §6)
• Flavored Tobacco Product Sales Restrictions (G.L.
Ch. 270, §28)
• Penalties for sales to a person under the age of
21 of Tobacco/Vape products (105 CMR 665.045)
• Local Tobacco Sales Permit suspension for a first
violation for sales to a person under the age of
21 of Tobacco/Vape products (105 CMR
665.040(d)
• Required Retailer Signage (105 CMR 665.015)
• Ban on Free Distribution (105 CMR 665.025)
• Ban on Self-Service Displays (105 CMR
665.010(B))
• Ban on Out-Of-Package Sales (105 CMR 665.030)
• Sales Without a Local Tobacco Product Sales
Permit for Smoking Bars and Retail Tobacco
Stores only (105 CMR 665.013(A))
• Failure to Check Identification of Purchaser (105
CMR 665.020)
• Nicotine Content in Electronic Nicotine Delivery
Systems (G.L. Ch. 270, §29)
• Coupon Redemption (105 CMR 665.025)
• Nicotine Free Generation / Sales to persons
born on or after January 1, 2005
• Prohibition of the Sale of Blunt Wraps
• Ban on Smoking Bars
• Cigar Sales Regulated, including minimum
sales price regulations.
• Tobacco Product Sales in Health Care
Institutions as more broadly defined than in
state law.
• Tobacco Product Sales in Educational
Institutions
• Non-Residential Roll-Your-Own Machines
Ban
• Display of MA Department of Revenue
license(s)
• No Local Tobacco Sales Permit
• Retailer Density Minimums
• Transfer of Permit in Sale of Business
• Restricting Oral Nicotine Pouches to adult-
only retail tobacco stores
• Other local policies
• Child-Proofed Liquid Nicotine Containers
Required (105 CMR 665.035)
• Failure to obtain manufacturer’s non-flavored
certification (105 CMR 665.010(E))
• Failure to obtain manufacturer’s nicotine content
certification (105 CMR 665.010(C))
• Admitting a person under the age of 21 into an
Adult-Only Retail Tobacco Store (105 CMR
665.020(B))
• Other state laws
3. In the case of four violations or repeated, egregious violations of any section of this
regulation, as determined by the Board of Health within a thirty-six (36)-month period, the
Board of Health [shall/may] hold a hearing in accordance with this regulation and, after such
hearing may permanently revoke a Tobacco Sales Permit.
4. Failure to cooperate or interfere with inspections pursuant to this regulation shall result in the
suspension of the Tobacco Product Sales Permit for thirty (30) consecutive business days.
5. In addition to the monetary fines set above, any permit holder who engages in the sale or
distribution of tobacco products while their permit is suspended shall be subject to the
suspension of all Board of Health issued permits for thirty (30) consecutive business days.
Multiple suspensions of a Tobacco Product Sales Permit shall not be served concurrently.
6. A permit issued pursuant to this regulation may be suspended, revoked, or not renewed for
any of the following reasons:
a. Violation of the permit holder of any provision of state or local laws and/or regulations.
b. Fraud, misrepresentation, false material statement, concealment, or suppression of facts
by the permit holder in connection with an application for a permit or for renewal thereof.
7. The [city/town] Board of Health shall provide notice of the intent to suspend or revoke a
Tobacco Product Sales Permit, which notice shall contain the reasons therefor and establish a
time and date for a hearing which date shall be no earlier than seven (7) days after the date of
said notice. The permit holder or its business agent shall have an opportunity to be heard at
such a hearing and shall be notified of the Board of Health's decision and the reasons therefor
in writing. After a hearing, the [city/town] Board of Health shall impose fines for the above-
listed state violations and suspend or revoke the Tobacco Product Sales Permit if the Board
of Health finds that a violation of this regulation occurred. All tobacco products, as defined
herein, shall be removed from the retail establishment upon suspension or revocation of the
Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein,
shall constitute a separate violation of this regulation.
U. Non-Criminal Disposition:
Whoever violates any provision of this regulation may be penalized by the non-criminal method
of disposition as provided in G.L. c. 40, §21D where the penalty calls for a monetary fine not
exceeding three hundred ($300) dollars.
V. Separate Violations:
Each day any violation exists shall be deemed to be a separate offense.
W. Enforcement:
Enforcement of this regulation shall be by the [city/town] Board of Health or its designated
agent(s).
The Board of Health may enforce these regulations or enjoin violations thereof through any
lawful process, and the election of one remedy by the Board of Health shall not preclude
enforcement through any other lawful means.
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).
X. 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.
Y. Effective Date:
This regulation shall take effect on _______________________________, 2025.
_____________________________________
_____________________________________
_____________________________________
This information is being provided for legal educational purposes only and is not to be construed
as legal advice. Legal advice can only be provided by your municipal attorney.
12.03.24