Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 21.00 - Sales And Distribution Of Cigarettes, Smokeless Tobacco Products And Electronic Smoking Devices In Massachusetts
Section 21.03 - Definitions

Adult-only Retail Facility means a facility where the retailer ensures that no person younger than the Minimum Legal Sales Age is present or permitted to enter at any time.

Brand Name means a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of cigarette, smokeless tobacco, or electronic smoking devices.

Cigarette shall be defined as that term is defined in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq.

Distributor means any person who furthers the distribution of cigarettes, smokeless tobacco, or electronic smoking devices whether domestic or imported, at any point from the original place of manufacture to the person who sells or distributes the product to individuals for personal consumption.

Electronic Smoking Device means any product that can deliver nicotine to the user through inhalation of vapor. Electronic Smoking Device includes any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, whether or not sold separately, and does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose.

Manufacturer means any person, including any repacker and/or relabeler, who manufactures, fabricates, assembles, processes, or labels a finished cigarette, smokeless tobacco product, or electronic smoking device.

Minimum Legal Sales Age means the age an individual must be before that individual can be sold cigarettes, smokeless tobacco products, or electronic smoking devices as established by statute, regulation, by-law or local ordinance which in no instance shall be younger than 18 years old.

Package means a pack, box, carton, pouch, or container of any kind in which cigarettes, smokeless tobacco products, or electronic smoking devices, are offered for sale, sold, or otherwise distributed to consumers.

Point of Sale means any location at which a consumer can purchase or otherwise obtain cigarettes, smokeless tobacco products, or electronic smoking devices, for personal consumption.

Retailer means any person who sells cigarettes, smokeless tobacco products, or electronic smoking devices to individuals in Massachusetts for personal consumption, or who operates a facility located within Massachusetts where vending machines are located.

Sale or Distribution shall be defined to include the exchange of cigarettes, smokeless tobacco, or electronic smoking devices for money and the sampling or any other distribution of cigarettes, smokeless tobacco, or electronic smoking devices not for sale.

Secret Shopper Program shall be defined to include, at a minimum, six visits per year to a retail sales outlet by a person retained by a retailer, where the person poses as a customer in order to ensure the outlet's employees compliance with laws and/or local ordinances prohibiting the sale of cigarettes, smokeless tobacco products, or electronic smoking devices to minors, with each visit made on a different day and at a different time, and, where practical, to a different outlet employee.

Smokeless Tobacco shall be defined as that term is defined in the Federal Comprehensive Smokeless Tobacco Health Education Act of 1986, 15 U.S.C. §§ 4401 et seq.