This regulation is promulgated pursuant to the authority granted
to the Belchertown Board of Health by MGL c. 111, § 31 which
states "Boards of health may make reasonable health regulations."
For the purpose of this regulation, the following words shall
have the following meanings:
ADULT-ONLY RETAIL TOBACCO STORE (also known as "Retail Tobacco
Store" in MGL c. 270)
An establishment that is not adjoined, that has a separate
entrance not used by any other retailer, that does not sell food,
beverages or alcohol, that does not have a lottery license, whose
only purpose is to sell or offer for retail sale tobacco products
and/or tobacco product paraphernalia, in which the entry of persons
under the age of 21 is prohibited at all times, and which maintains
a valid permit for the retail sale of tobacco products from the Belchertown
Board of Health and applicable state licenses. Entrance to the establishment
must be secure so that access to the establishment is restricted to
employees and to those 21 years or older. The establishment shall
not allow anyone under the age of 21 to work at the establishment.
BLUNT WRAP
Any product made wholly or in part from a tobacco product,
manufactured or packaged with loose and removable leaves or section
of a leaf, or as a hollow tube, that may be used by the consumer to
wrap or contain loose tobacco or other fillers.
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
CHARACTERIZING FLAVOR
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, imparted or detectable either prior to or during
consumption of a tobacco product or component part thereof, including,
but not limited to, tastes or aromas relating to any fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol,
mint, wintergreen, herb or spice; provided, however, that no tobacco
product shall be determined to have a characterizing flavor solely
because of the provision of ingredient information or the use of additives
or flavorings that do not contribute to the distinguishable taste
or aroma of the product.
CHILD-RESISTANT PACKAGE
Packaging intended to reduce the risk of a child ingesting
nicotine and that meets the minimum standards of 16 CFR 1700 et seq.,
pursuant to 15 U.S.C. §§ 1471 through 1476.
CIGAR
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco, with or without a tip or mouthpiece,
that is in a readily usable state immediately when removed from its
packaging without any modification, preparation or assembly required
as in a kit or roll-your-own package, and is not otherwise defined
as a cigarette under MGL c. 64C, § 1, Paragraph 1. Tobacco
leaf in kits or roll-your-own packages shall be considered blunt wraps
for the purpose of this regulation.
COMPONENT PART
Any element of a tobacco product, including, but not limited
to, the tobacco, filter and paper, but not including any constituent.
CONSTITUENT
Any ingredient, substance, chemical or compound, other than
tobacco, water or reconstituted tobacco sheet, that is added by the
manufacturer to a tobacco product during the processing, manufacturing
or packaging of the tobacco product.
COUPON
Any card, paper, note, form, statement, ticket or other communication
distributed for commercial or promotional purposes to be later surrendered
by the bearer so as to receive an article, service or accommodation
without charge or at a discount price.
EDUCATIONAL INSTITUTION
Any public or private college, school, professional school,
scientific or technical institution, university or other institution
furnishing a program of higher education.
ELECTRONIC NICOTINE DELIVERY SYSTEM
An electronic device, whether for one-time use or reusable,
that can be used to deliver nicotine or another substance to a person
inhaling from the device including, but not limited to, electronic
cigarettes, electronic cigars, electronic cigarillos, electronic pipes,
vaping pens, hookah pens and other similar devices that rely on vaporization
or aerosolization; provided, however, that "electronic nicotine delivery
system" shall also include any noncombustible liquid or gel that is
manufactured into a finished product for use in such electronic device;
provided further, that "electronic nicotine delivery system" shall
also include any component, part or accessory of a device used during
the operation of the device even if the part or accessory was sold
separately; provided further, that "electronic nicotine delivery system"
shall not include a product that has been approved by the United States
Food and Drug Administration for the sale of or use as a tobacco cessation
product or for other medical purposes and is marketed and sold or
prescribed exclusively for that approved purpose.
EMPLOYEE
Any individual who performs services for an employer.
EMPLOYER
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
FLAVORED TOBACCO PRODUCT
Any tobacco product or component part thereof that contains
a constituent that has or produces a characterizing flavor. A public
statement, claim or indicia made or disseminated by the manufacturer
of a tobacco product, or by any person authorized or permitted by
the manufacturer to make or disseminate public statements concerning
such tobacco product, that such tobacco product has or produces a
characterizing flavor shall constitute presumptive evidence that the
tobacco product is a flavored tobacco product.
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation or trust
or a person or group of persons who provides health care services
and employs health care providers subject to licensing under this
chapter; or a retail establishment that sells pharmaceutical goods
and services and is subject to regulation by the board of registration
in pharmacy. Health care institutions include but are not limited
to hospitals, clinics, health centers, pharmacies, drug stores, doctors'
offices, and dental offices.
LIQUID NICOTINE CONTAINER
A package from which nicotine or another substance in a solution
or other form is accessible through normal and foreseeable use by
a consumer and that is used to hold a soluble nicotine or other substance
in any concentration; provided however, that "liquid nicotine container"
shall not include a sealed, prefilled and disposable container of
nicotine or other substance in a solution or other form in which the
container is inserted directly into an electronic cigarette, electronic
nicotine delivery system or other similar product if the nicotine
or other substance in the container is inaccessible through customary
or reasonably foreseeable handling or use, including reasonably foreseeable
ingestion or other contact by children.
LISTED OR NONDISCOUNTED PRICE
The higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising
or display at the place where the tobacco product is sold or offered
for sale plus all applicable taxes if such taxes are not included
in the stated price, and before the application of any discounts or
coupons.
MANUFACTURER DOCUMENTATION
A written document from a manufacturer that certifies which
of each of its products are not flavored, as defined under Massachusetts
law and these regulations. "Manufacturer documentation" shall also
mean a written document from a manufacturer that certifies the nicotine
content expressed as milligrams per milliliter for each of its electronic
nicotine delivery system products.
NONRESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINE
A mechanical device made available for use (including to
an individual who produces cigars, cigarettes, smokeless tobacco,
pipe tobacco, or roll-your-own tobacco solely for the individual's
own personal consumption or use) that is capable of making cigarettes,
cigars or other tobacco products. RYO machines located in private
homes used for solely personal consumption are not nonresidential
RYO machines.
PERMIT HOLDER
Any person engaged in the sale or distribution of tobacco
products who applies for and receives a tobacco product sales permit
or any person who is required to apply for a tobacco product sales
permit pursuant to these regulations, or his or her business agent.
PERSON
Any retailer, firm, partnership, association, corporation,
company or organization of any kind, including, but not limited to,
an owner, operator, manager, proprietor or person in charge of any
establishment, business or retail store.
RETAIL ESTABLISHMENT
A physical place of business or a section of a physical place
of business in which a tobacco product is offered for sale to consumers.
RETAILER
A person that operates a retail establishment.
ROLLING PAPERS
Sheets, rolls, tubes, cones, wraps, or leaves, that do not
contain tobacco, which are used for rolling cigarettes either by hand
or with a roll-your-own machine.
SCHOOLS
Public or private elementary or secondary schools.
SELF-SERVICE DISPLAY
Any display including an unlocked humidor regardless of size
from which customers may select a tobacco product, as defined herein,
without assistance from an employee or store personnel.
SMOKING BAR
An establishment that: i) exclusively occupies an enclosed
indoor space and is primarily engaged in the retail sale of tobacco
products for consumption by customers on the premises; ii) derives
revenue from the sale of food, alcohol or other beverages that is
incidental to the sale of a tobacco product and prohibits entry to
a person under 21 years of age; iii) prohibits a food or beverage
not sold directly by the establishment from being consumed on the
premises; iv) maintains a valid permit for the retail sale of a tobacco
product as required to be issued by the Town of Belchertown; and v)
maintains a valid license issued by the Department of Revenue to operate
as a smoking bar. "Smoking bar" shall include, but not be limited
to, those establishments that are commonly known as "cigar bars,"
"hookah bars" and "vape bars."
TOBACCO PRODUCT
A product containing or made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means
including, but not limited to, cigarettes, cigars, little cigars,
chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic
cigars, electronic pipes, electronic nicotine delivery systems or
any other similar products that rely on vaporization or aerosolization
regardless of nicotine content in the product; provided, however,
that "tobacco product" shall also include any component, part or accessory
of a tobacco product; and provided further, that "tobacco product"
shall not include a product that has been approved by the United States
Food and Drug Administration for the sale of or use as a tobacco cessation
product or for other medical purposes and is marketed and sold or
prescribed exclusively for the approved purpose.
TOBACCO PRODUCT FLAVOR ENHANCER
Any product designed, manufactured, produced, marketed or
sold to produce a characterizing flavor when added to any tobacco
product. A rolling paper with a characterizing flavor shall be considered
a tobacco product flavor enhancer.
VENDING MACHINE
Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment dispenses
or makes cigarettes or any other tobacco products available, as defined
herein.
Smoking bars are prohibited in the Town of Belchertown.
No person or entity shall sell or distribute blunt wraps in
Belchertown.
All self-service displays of tobacco products, as defined herein,
are prohibited. All humidors including, but not limited to, walk-in
humidors must be locked.
All vending machines containing tobacco products, as defined
herein, are prohibited.
All nonresidential roll-your-own machines are prohibited.
No health care institution located in Belchertown shall sell
or cause to be sold tobacco products, as defined herein. No retail
establishment that operates or has a health care institution within
it, such as a pharmacy, optician/optometrist or drug store, shall
sell or cause to be sold tobacco products, as defined herein.
No educational institution located in Belchertown shall sell
or cause to be sold tobacco products, as defined herein, including
by any person or retailer on the property of an educational institution.
Whoever violates any provision of this regulation may be penalized
by the noncriminal method of disposition as provided in MGL c. 40,
§ 21D where the penalty calls for a monetary fine not exceeding
$300.
Each day any violation exists shall be deemed to be a separate
offense.
If any provision of this regulation is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force and effect.
This regulation shall take effect on February 8, 2023.