As used in this regulation, the following words shall have the following
meanings, unless the context requires otherwise:
ADULT-ONLY RETAIL TOBACCO STORE
An establishment which is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and tobacco paraphernalia,
in which the sale of other products is merely incidental, and 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 as required to be issued by the Franklin Board of Health.
BLUNT WRAP
A product comprised wholly or in part of tobacco that is
manufactured as a wrap or a hollow tube designed to be filled by the
consumer with loose tobacco or other fillers and then combusted and
inhaled.
CHARACTERIZING FLAVOR
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, menthol, mint or wintergreen, 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, 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.
CIGAR
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco with or without a tip or mouthpiece
not otherwise defined as a cigarette under MGL c. 64C, § 1,
Paragraph 1.
COMPENSATION
Money, gratuity, privilege, or benefit received from an employer
in return for work performed or services rendered.
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
the 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. Such term shall include a smoke
constituent.
E-CIGARETTE
Any electronic device, not approved by the United States
Food and Drug Administration, composed of a mouthpiece, heating element,
battery and/or electronic circuits that provides a vapor of liquid
nicotine to the user, or relies on vaporization of any liquid or solid
nicotine. This term shall include such devices whether they are manufactured
as e-cigarettes, e-cigars, e-pipes or under any other product name.
EMPLOYEE
An individual or person who performs a service for compensation
for an employer at the employer's workplace, including a contract
employee, temporary employee, and independent contractor who performs
a service in the employer's workplace for more than a de minimus
amount of time.
EMPLOYER
An individual, person, partnership, association, corporation,
trust, organization, school, college, university or other educational
institution or other legal entity, whether public, quasi-public, private,
or nonprofit which uses the services of one or more employees at one
or more workplaces, at any one time, including the Town of Franklin.
ENCLOSED
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including but not limited to an office, function room or hallway.
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 other 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 any person or group of persons that provide health care services
and employs health care providers licensed, or subject to licensing,
by the Massachusetts Department of Public Health under MGL c. 112
or a retail establishment that provides pharmaceutical goods and services
and is subject to the provisions of 247 CMR 6.00. Health care institutions
include, but are not limited to, hospitals, clinics, health centers,
pharmacies, drug stores, doctor offices and dental offices.
MEMBERSHIP ASSOCIATION
A not-for-profit entity that has been established and operates
for a charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreation or similar purpose, and is comprised
of members who collectively belong to:
(1)
A society, organization or association of a fraternal nature
that operates under the lodge system, and having one or more affiliated
chapters or branches incorporated in any state; or
(2)
A corporation organized under Chapter 180; or
(3)
An established religious place of worship or instruction in
the commonwealth whose real or personal property is exempt from taxation;
or
(4)
A veteran's organization incorporated or chartered by the
Congress of the United States, or otherwise, having one or more affiliated
chapters or branches incorporated in any state.
MUNICIPAL BUILDING
Any building or facility owned, operated, leased or occupied
by the municipality.
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 directly to consumers who applies for and receives a tobacco
products sales permit or any person who is required to apply for a
tobacco sales permit pursuant to these regulations, or his or her
business agent.
SELF-SERVICE DISPLAY
Any display from which customers may select a tobacco product
without assistance from an employee or store personnel, excluding
vending machines.
SMOKE CONSTITUENT
Any chemical or chemical compound in mainstream or sidestream
tobacco smoke that either transfers from any component of the tobacco
product to the smoke or that is formed by the combustion or heating
of tobacco, additives or other component of the tobacco product.
SMOKING (or SMOKE)
The lighting of a cigar, cigarette, pipe, other tobacco product
or e-cigarette or possessing a lighted cigar, cigarette, pipe or other
tobacco or nontobacco product designed to be combusted or vaporized
and inhaled.
SMOKING BAR
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22, to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars" and "hookah
bars."
TOBACCO PRODUCT
Any product containing, 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; or electronic cigarettes,
electronic cigars, electronic pipes, electronic hookah, liquid nicotine,
e-liquids or other similar products, regardless of nicotine content,
that rely on vaporization or aerosolization. "Tobacco product" includes
any component or part of a tobacco product. "Tobacco product" does
not include any product that has been approved by the United States
Food and Drug Administration either as a tobacco use cessation product
or for other medical purposes and which is being marketed and sold
or prescribed solely for the approved purpose.
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, as defined herein.
WORKPLACE
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for an employer, other enclosed spaces rented to or otherwise used
by the public; and where the employer has the right or authority to
exercise control over the space.