Massachusetts Law About Smoking

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Smoking laws and regulations in Massachusetts play a crucial role in governing the use of tobacco products, including smoking and vaping. Understanding these laws is important for both residents and visitors to the state. In this comprehensive guide, we will explore Massachusetts laws, regulations, cases, and web sources related to the use of tobacco products. From cigarette excise regulations to restrictions on flavored tobacco, we will cover everything you need to know about smoking in Massachusetts.

Massachusetts Laws

MGL c.64C Cigarette Excise

One of the key regulations in Massachusetts is MGL c.64C, which governs the pricing, taxation, and other aspects of cigarette and e-cigarette sales. This law ensures that the sale of tobacco products is regulated and that appropriate taxes are imposed.

MGL c.71, § 2A and MGL c.74, § 58

MGL c.71, § 2A prohibits the use of tobacco products at schools, while MGL c.74, § 58 extends this prohibition to vocational schools. These laws aim to create a healthy and smoke-free environment for students.

MGL c.111, § 31 and MGL c.111, § 72X

Under MGL c.111, § 31, boards of health in Massachusetts have the authority to establish reasonable health regulations, including smoking regulations. This allows local communities to enforce smoking restrictions based on their specific needs. Additionally, MGL c.111, § 72X mandates that all nursing homes must have non-smoking areas, and employees are prohibited from smoking in patient care areas.

MGL c.112, § 61A and MGL c.148, § 60

MGL c.112, § 61A prohibits health care institutions in Massachusetts from selling tobacco products. This regulation ensures that healthcare facilities promote a smoke-free environment. On the other hand, MGL c.148, § 60 prohibits the use of novelty lighters, reducing the risk of accidents and promoting fire safety.

21 Age to Buy Cigarettes or E-cigarettes

In Massachusetts, individuals must be at least 21 years old to purchase any tobacco product, including e-cigarettes. However, there is an exemption for anyone who turned 18 before December 31, 2018.

MGL c.270, § 6A and MGL c.270, § 22

MGL c.270, § 6A imposes fines for selling rolling papers to people under 21. This regulation supports the overall goal of preventing underage tobacco use. MGL c.270, § 22 prohibits smoking in the workplace and in public places, ensuring a healthier environment for both employees and the general public.

MGL c.270, § 27 and MGL c.270, § 28

Under MGL c.270, § 27, liquid nicotine containers and substances containing nicotine must be in child-resistant packaging. This regulation aims to protect children from accidental nicotine ingestion. Effective June 1, 2020, MGL c.270, § 28 prohibits the sale of flavored tobacco products in Massachusetts.

MGL c.270, § 29 and MGL c.272, § 43A

MGL c.270, § 29 restricts the nicotine content of vaping products and e-cigarettes, effective from June 1, 2020. This regulation ensures that the use of these products is safer for consumers. MGL c.272, § 43A prohibits smoking on public transportation or in stations, promoting a smoke-free commuting experience.

Massachusetts Regulations

105 CMR 661 and 105 CMR 665

105 CMR 661 provides detailed regulations for allowing smoking in membership associations and outdoor spaces, implementing MGL c.270 § 22. These regulations ensure that smoking areas are properly designated and meet health and safety standards. 105 CMR 665 sets minimum standards for the retail sale of tobacco and electronic nicotine delivery systems, including flavored tobacco.

501 CMR 14 and 830 CMR 270.1.1

501 CMR 14 focuses on fire-safe cigarettes, promoting fire prevention and reducing the risk of cigarette-related fires. 830 CMR 270.1.1 regulates smoking bar permits, ensuring that establishments comply with specific requirements to operate as smoking bars in Massachusetts.

940 CMR 21 and 940 CMR 22

940 CMR 21 and 940 CMR 22 regulate the sales and distribution of cigarettes, other smoking devices, and cigars in Massachusetts. These regulations aim to prevent underage tobacco sales and ensure compliance with state laws.

Federal Laws and Regulations

15 USC § 1335 and 21 USC § 387f(d)

15 USC § 1335 prohibits television and radio advertising of tobacco products, while 21 USC § 387f(d) sets the minimum age to buy tobacco products at 21. These federal laws work in conjunction with Massachusetts regulations to ensure the responsible sale and use of tobacco products.

FDA and the Tobacco Control Act

The Food and Drug Administration (FDA) plays a significant role in regulating the manufacture, marketing, sale, and distribution of tobacco products. The Tobacco Control Act provides guidance on the legal requirements, regulations, and enforcement measures related to tobacco products.

24 CFR §§ 965.651-965.653

These federal regulations establish smoke-free policies for public housing, prohibiting the use of tobacco products in public housing living units, indoor common areas, and administrative office buildings.

Selected Cases

Several court cases have shaped the interpretation and application of smoking laws in Massachusetts. In American Lithuanian Naturalization Club Athol Mass. v. Board of Health of Athol, the court ruled that towns have the authority to prohibit smoking in private clubs. Donovan v. Philip Morris established the concept of “medical monitoring” for individuals exposed to cigarette smoke. Greene v. Philip Morris held the defendant liable for concealing the health risks of smoking, and Haglund v. Philip Morris reinforced the notion that cigarettes cannot be safely used for their intended purpose. where to buy cigarettes in massachusetts

Web Sources

Various web sources provide valuable information and resources related to smoking in Massachusetts. The Massachusetts Department of Public Health offers comprehensive information on tobacco control laws, regulations, and programs. The Massachusetts Smoker’s Quitline provides support for individuals looking to quit smoking. Additionally, organizations like the Public Health Law Center and the US Food and Drug Administration offer resources and guidance on tobacco control. where to buy cigarettes in massachusetts

Conclusion

Understanding Massachusetts laws and regulations related to smoking is crucial for individuals and businesses in the state. From cigarette excise regulations to restrictions on flavored tobacco, these laws aim to create a healthier and safer environment for all residents and visitors. By staying informed and complying with these regulations, we can contribute to a smoke-free Massachusetts.