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 665.020 - Identification Requirements

Universal Citation: 105 MA Code of Regs 105.665

Current through Register 1531, September 27, 2024

(A) Unless otherwise specified in 105 CMR 665.000, each person selling or providing tobacco products shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years of age or older, as verified by said person's proof of identification.

(B) In addition to the requirements of 105 CMR 665.020(A), an employee of a retail tobacco store or smoking bar must inspect the individual's valid government-issued photographic identification and determine the individual's age prior to said individual entering said tobacco retail store or smoking bar. An individual shall not be admitted to the tobacco retail store or smoking bar, unless the employee has verified that the individual is 21 years of age or older as verified by said person's proof of identification.

(C) Mail-order or internet sales shall require verification that the purchaser is 21 years of age or older. Verification of age through the mail or internet shall consist of, at a minimum:

(1) verification that the purchaser is 21 years of age or older through a commercially available database, or aggregate of databases, that is regularly used by government and business for the purpose of age and identity verification; and

(2) use of a method of mailing, shipping, or delivery that requires signature of a person who is 21 years of age or older before the shipping package is released.

(3) Any information required to complete the age verification process must be requested on a form separate from that used to collect payment information, shall not include personal information as defined by M.G.L. c. 93H, and shall not be used for any purposes other than age verification.

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