On December 11, 2019, new regulations (105 CMR 665) that restrict the sale of nicotine vaping and flavored vaping and tobacco products. The new law, An Act Modernizing Tobacco Control, provided the Massachusetts Department of Public Health with additional authority to regulate access to tobacco and electronic nicotine delivery systems, including vapes. Enforcement of regulations has been delegated to the Local Boards of Health. New law places the following restrictions:
- Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less.
- The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.
- The sale and consumption of all flavored nicotine vaping products may only occur within licensed smoking bars.
- Beginning June 1, 2020, the sale of flavored combustible cigarettes and other tobacco products, including menthol cigarettes and flavored chewing tobacco, will be restricted to licensed smoking bars where they may be sold only for on-site consumption. Also taking effect on June 1st is the addition of a 75 percent excise tax on the wholesale price of nicotine vaping products, in addition to the state’s 6.75 percent sales tax.