Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 665.000 - Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems
Section 665.015 - Required Signage

Universal Citation: 105 MA Code of Regs 105.665

Current through Register 1531, September 27, 2024

(A) All retail establishments, including smoking bars and retail tobacco stores, shall conspicuously post signage, in the form developed and made available by the Department. Such signage shall include:

(1) acopyofM.G.L. c. 270, §§ 6 and 6A;

(2) referral information for smoking cessation resources;

(3) a statement that sale of tobacco products, including e-cigarettes, to someone younger than 21 years old is prohibited;

(4) health warnings associated with using electronic nicotine delivery systems; and

(5) 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.

(B) In addition to the signage required by 105 CMR 665.015(A), smoking bars and retail tobacco stores shall post signage, in the form developed and made available by the Department, 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 feet 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) In addition to the signage required by 105 CMR 665.015(A) and (B), all smoking bars and those retail tobacco stores that allow for on-site consumption of tobacco products shall post signage, in the form developed and made available by the Department, 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 feet 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 second hand smoke and the use of tobacco products, including electronic nicotine delivery systems.

(D) The owner, retailer, or other person in charge of a retail establishment shall conspicuously post any additional signs required by the Department in a form and manner as required by the Department.

(E) Any person who violates 105 CMR 665.015 shall be subject to the provisions of 105 CMR 665.045; provided that any retail establishment who violates 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2) shall additionally be subject to a fine of not more than $50. Any person found to have unlawfully removed a copy of the postings required by 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2) shall be punished by a fine of $10.00.

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