 
105 CMR 665.000:   MINIMUM  STAND ARDS  FOR RETAIL SALE OF  TOBACCO AND 
ELECTRONIC  NICOTINE  DELIVERY  SYSTEMS 
665.005 Definitions  
665.010 Sale of Tobacco Products  and Electronic  Nicotine  Delivery  Systems  
665.013 Permitting  Requirements  
665.015 Required Signage  
665.017 Advertising  
665.020 Identification  Requirements  
665.025 Prohibition on Coupons  and Other  Discounts  
665.030 Out-of-Package Sales  
665.035 Liquid Nicotine  Containers  
665.040 Requirements for  Retail  Establishments  
665.045 Viola tions  
665.050  Order  to Cease and Desist  
665.055 Enforcement 
665.060 Severability   
 
665.005:  Definitions  
Board  of Health  means the appropriate  and legally  designated  health  authority  of the city, 
town, or  other  legally  constituted  governmental  unit within  the Commonwealth  having 
the usual  powers  and duties  of the board  of health  of a city or town.  
Business Agent  means  an individual  who has been  designated  by the  owner  or operator  of 
any tobacco  retail store  or smoking bar  to be the manager  or otherwise  in charge  of said 
establishment.  
Characterizing  Flavor  means a  distinguishable  taste  or aroma,  other  than the  taste  or 
aroma  of tobacco,  imparted  or detectable before  or during consumption of  a tobacco  
product, including, but  not limited  to, a taste  or aroma  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  Packaging  means packaging intended to  reduce the  risk of a child  
ingesting nicotine  and that  meets  the minimum standards of  16 C.F.R.  1700 et  seq., 
pursuant  to 15 U.S.C.  1471 to  1476, inclusive.   
Coupon means  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.  
Department  means the Massachusetts Department  of Public  Health.  
Distinguishable  means  perceivable by  either the  sense of  smell  or taste.  
Electronic  Nicotine  Delivery  System  means an  electronic device,  whether  for 1-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 vaporizati on 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  
nicot ine 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.  
Flavored El ectronic  Nicotine  Delivery  System  means any electronic  nicotine  delivery 
system,  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  
manufactu rer of a vaping  product, or  by any person  authorized  or permitted  by the  
manufacturer  to make  or disseminate public  statements  concerning such  vaping product, 
that such  vaping product  has or produces  a characterizing  flavor  shall  constitute  
presumptive  evidence  that the vaping  product  is a Flavored Vaping Product.  
Liquid Nicotine  Container  means  a package:  (i) from  which  nicotine  or other  substance  in 
a solution or  other  form is accessible through normal  and foreseeable use  by a consumer;  
and (ii) that  is used  to hold  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 othe r 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 Non -Discounted Price  means  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 state price,  and before the application  of any 
discounts  or coupons. 
Minimum Legal  Sales Age  means the minimum age of a person  to whom  a tobacco  
product  may be sold or  provided as determined  by the Board  of Health,  provided that  
such age may  not be less than 21 years  of age except  for those  individuals  who attained  
the age of 18 before  December  31, 2018, as verified  by said  person’s  proof  of 
identification; provided further that  a person who  attained  the age of 18 before  December  
31, 2018 shall  be subject  to any municipal  ordinance, by- law or other  regulation  that 
prohibited sales of  tobacco products  to persons  under  the age of 19, 20 or  21 in  effect  on 
December  30, 2018. 
Person  means  any individual, firm,  fiduciary, partnership, corporation, trust or  
association,  however  forme d, or a club, trustee,  agency or  receiver.   
Retail  Establishment  means  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  means  a person that operates a retail  establishment.   
Retail  Tobacco Store  means 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 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 maintains  a valid  permit for  the retail sale  of tobacco  products  as required  to be 
issued  by the  appropriate  authority in the city or town  where  the establishment  is located. 
Smoking Bar  means an establishment  that:  (i) exclusively occupies  an enclosed  indoor  
space and is primarily  engaged  in the retail sale  of tobacco products  as defined in section  
6 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  
appropriate  authority in  the city or town  in which  the establishment  is located;  and (v)  
maintains  a valid  permit issued  by the  department  of revenue  to operate  as a smoking bar. 
Tobacco  product  means  a 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, electronic  cigarettes,  
electronic  cigars,  electronic pipes, electronic nicotine  delivery  systems or  any other  
similar products  that rely on vaporization or  aerosolization; 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  Administrat ion for  the sale of  or use 
as a tobacco  cessation  product  and is  marketed  and sold exclusively  for the approved 
purpose.  
665.010:  Sale of Tobacco Products  and Electronic  Nicotine  Delivery  Systems  
(A)  No person shall  sell or provide  a tobacco  product  to any individual  under  the 
minimum legal  sales age,  as verified  by said  person’s  valid  government -issued  
photographic  identification. 
(B)  Retail  establishments other  than retail tobacco stores or  smoking bars shall  not place 
any tobacco  product  on the counter , but shall  place  all tobacco  products  for sale behind  
the counter  where  retail sales are  made  in the establishment  and out of the reach  of 
consumers.   
(C)  No person shall  sell an electronic  nicotine  delivery  system  with  nicotine  content  
greater  than  35 milligrams  per milliliter outside  of a retail tobacco  store  or smoking bar.   
Retail  establishments including retail tobacco  stores  or smoking  bars  may  sell or provide  
unflavored electronic  nicotine  delivery  systems with  nicotine  content  less than or  equal  to 
35 milligrams  per milliliter.   Prior to  the sale of such  a product  in a retail  establishment  
other  than a  retail tobacco store  or smoking bar , the product’s  manufacturer must  submit 
to the owner, retailer,  or other  person  in charge of  any retail  establishment  that is not a 
retail tobacco store  or smoking bar  documentation indicating  the nicotine  content  
expressed  as milligrams  per milliliter  for each  product  to be sold in the retail 
establishment.   The  owner, retailer,  or other  person  in charge of the retail establishment  
must  maintain  record  of the nicotine  content  submitted  by the  manufacturer  for each  
electronic  nicotine  delivery  system  sold  or offered  for sale within  the retail establishment,  
and provide  such records  upon request  of any authorized  enforcement  agent,  including 
Boards  of Health  or their  agents  and the Department  or its agents.   
(D)  No person, retail establishment,  or manufacturer  shall  sell,  distribute,  cause to  be 
sold or  distributed, or  offer  for sale to  a consumer  located  in the Commonwealth  a 
flavored electronic  nicotine  delivery system  or electronic  nicotine  delivery  system  flavor  
enhancer  except  for a smoking bar  for on-site consumption.    
(E)  No person, retail establishment,  or manufacturer  shall  sell online, distribute  online, 
or cause to be sold or  distributed  online  to any consumer  located  in the Commonwealth, 
an electronic  nicotine  delivery  system,  except  for a non- flavored  electronic nicotine  
delivery  system  with  nicotine  content  less than or  equal  to 35 milligrams  per milliliter.   
 
665.013 Permitting  Requirements  
(A) All retail  tobacco stores and smoking bars  shall  obtain  prior  to operation  and shall  
maintain  during any period  of operation a  municipal  permit  allowing the  sale or 
distribution of tobacco products.  
(B) Retail  tobacco  stores  and smoking bars  in operat ion prior  to December  11, 2019, and  
compliant  with  all then  existing  permitting  requirements in  the municipality  in which  
they operate  shall  not be subject  to 105 CMR 665.013(A)  unless  the municipality  in 
which  they operate  later  imposes  a municipal  permitting  requirement applicable  to such 
establishments.  
665.015:  Required Signage  
(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:  (i) a copy  of MGL  c. 270, §§ 6 and 6A,  (ii) 
referral information for  smoking cessation  resources,  (iii) a statement that sale of  tobacco  
products, including e -cigarettes,  to someone  under  the minimum legal  sales age  of [AGE]  
years is  prohibited, (iv) health  warnings  associated  with  using  electronic  nicotine  delivery  
systems,  and except  in the case of  smoking bars,  (v) notice  to consumers  that the sale of 
flavored electronic  nicotine  devices is  prohibited at all times , except  in smoking bars .  
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  (4) feet or grea ter than nine  (9) 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 4 feet  or greater  than 9 from the bottom  of the door.  Such  signage  shall:  (i) warn  
persons  entering  that smoking a nd vaping may  be present  on the premises,  and provide  
information  concerning the  health  risks  associated  with  second -hand smoke  and the  use 
of electronic  nicotine  delivery systems;  and (ii)  state that  “No  person under  the age of 21 
years is  permitted  on th e premises at any time.”  
(C)  The  owner, retailer,  or other  person  in charge  of a retail establishment  shall  conspic-
uously post  any additional  signs  required  by the Department  in a form  and manner  as re-
quired by the Department .  
 
(D)  Any  person who  violate s 105 CMR 665.015 shall  be subject  to the provisions  of 105 
CMR 665.045;  provided  that,  however, any retail  establishment  who  violates  105 CMR  
665.015( A)(i) or 105 CMR  665.015( A)(ii) 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)(i)  or 105 CMR 665.015(A)(ii)  shall  be punished by a 
fine of not more  than $10.   
 
665.017:  Advertising  
(A)  No person or  retail  establishment  shall:  
(1)  Market  or advertise  a proposed sale  or distribution  of any tobacco  product  
prohibited for  sale or  distribution  within  the retail establishment;  or 
(2)  Use  fraudulent  or misleading  statements in  advertisements  for tobacco 
products, including the use of any safety  or efficacy  claims  that have  not been  
approved by  the United  States Food and Drug  Administration; or   
(3)  Use  or display  tobacco product  advertisements that  depict  celebrities,  
mascots,  sponsorships, cartoons, or  any other  similar endorsements.  
665.020:  Identification  Requirements  
(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 the minimum legal  sales age,  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  meets minimum legal  sales  age,  as verified  by said  person’s  proof  of 
identi fication.   
 (C) Mail -order  or internet sales shall  require  verification  that the purchaser  is at least  the 
Minimum Legal  Sales Age.  Verification  of age through the  mail or internet  shall  consist  
of, at  a minimum:  
 
(1) verification  that the purchaser  is of the Minimum Legal  Sales  Age  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  delive ry that requires  signature  of a 
person who  is of the Minimum  Legal  Sales Age  before  the shipping package  is re-
leased.  
(3) Any information  required to  complete the  age verification  process must  be re 
quested  on a  form separate  from that  used to collect  payment  informa tion, 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.  
 
665.025:  Prohibition on Coupons  and Other  Discounts  
No person shall  accept  or redeem,  offer  to accept  or redeem,  or cause or  hire any person  
to accept  or redeem  or offer  to accept  or redeem  any coupon that  provides  any tobacco  
product  without  charge or  for less than the listed  or non- discounted price.   No retail  
establishment  that is not a retail  tobacco store  or smoking bar,  or any other  establishment  
shall  distribute  or cause to be distributed  a free sample  of a tobacco  product.  
665.030:  Out-of-Package Sales  
(A)  The  sale of  tobacco  products, as defi ned herein,  in any form  other  than  an original 
factory  wrapped  package  is prohibited, including the repackaging  or dispensing of  any 
tobacco  product  for retail sale.   
(B)  No person shall  refill  a cartridge  that is prefilled  and sealed  by the  manufacturer and 
not intended  to be opened by the  consumer  or retailer.  
665.035:  Liquid Nicotine  Container  Packaging  
No person shall  knowingly sell  or provide:  
(A)  A liquid or  gel substance  containing nicotine  unless  the substance is contained  in 
child - resistant  pack aging;  or  
(B)  A liquid nicotine  container  unless  the container  includes  child -resistant  packaging  as 
part of its design.   
665.040:  Requirements for  Retail  Establishments  
A retail  establishment  operating on or after  December  11, 2019, must  meet  the following  
requirements:    
 (A) Only  establishments  with  a permanent, non- mobile  location are eligible  to operate.  
 (B)  Operation  of a retail  establishment  shall  be conditioned on  the retailer’s  or retail 
establishment  owner’s  consent  to unannounced, periodic  inspections  of his or her retail  
establishment  and tobacco  products  to ensure  compliance with  105 CMR 665.000 and 
any applicable local  regulations, orders, or  ordinances.  
(C)  A retail establishment  shall  be prohibited from  selling  tobacco  products  if the retailer 
or owner  of the retail establishment  has failed  to pay all  fines  issued  and the time  period 
to appeal  the fines  has expired  and/or  the retail establishment  has not satisfied  any 
outstanding orders  issued  pursuant  to 105 CMR 665.000. 
(D)  Sale  of a tobacco  product  by a  retail  establishment  to a person  under  the minimum 
sales age  shall  result  in the retail  establishment  being  prohibited from selling  tobacco 
products  for up to  30 consecutive business  days.  
 665.045:  Violations  
Unless otherwis e specified  or provided for  in 105 CMR 665.000, violations  of 105 CMR 
665.000 shall  be assessed  as follows:  
(A)  It shall  be the responsibility  of any person to  ensure  compliance  with  105 CMR 
665.000.  If an inspection  pursuant  to 105 CMR 665.000 reveals a  retail  establishment,  
and/or  his or her business  agent  does  not comply  with the provisions  of 105 CMR 
665.000, the  retail establishment  shall  be ordered to comply  with  the violated  provision  
of 105 CMR 665.000.  In  addition to  the correction  order, the  following  fines  and actions  
apply against  any person  who  violates  105 CMR 665.000:  
(1)  In the case of  a first violation, a  fine of $1,000 shall  be imposed.  
(2)  In the case of  a second  violation  within  a period of  36 months  from the  first 
violation , a fine of $2,000 shall  be imposed;  and a prohibition  on the  sale of  
tobacco  products  may  be imposed for  at least one day and up  to seven  consecutive  
business  days.  
(3)  In the case of  a third  violatio n within  a period of 36 months  from the first 
violation  or additional  violations  during that  time period, a  fine of $5,000 shall  be 
imposed;  and a prohibition on the  sale of tobacco  products  may be imposed  for at 
least seven  consecutive  business days  and up to  30 consecutive business  days.  
(B)  Failure  to cooperate  with  inspections  pursuant  to this regulation  shall  result  in the 
prohibition on the  sale of tobacco products  for up to 30 consecutive  business  days.  
 (C)  Consistent  with  105 CMR 665.055, a  retail  establishment  shall  be provided notice  of 
the intent to prohibit  the sale of  tobacco products  at or by the retail  establishment.   The  
notice  shall  contain the reasons therefor and establish  a time and date  for a hearing. The  
retail establishment  or its business  agent  shall  have  an opportunity to  be heard  at such  
hearing and shall  be notified  of the decision  regarding the  retail establishment ’s  
prohibition from  selling  tobacco  products  and the reasons therefor  in writing.  After a  
hearing, the retail e stablishment  may be prohibited  from selling  tobacco  products  upon a 
finding that a violation  of 105 CMR 665.000 for  which  such  prohibition is applicable  
occurred. All  tobacco products  shall  be removed  from the retail  establishment  upon an  
indefinite  suspen sion from  operating as a retail establishment.  Failure  to remove  all 
tobacco  products  shall  constitute  a separate  violation  of 105 CMR 665.000. 
 (D)  Separate Violations : Each  day any violation  of 105 CMR 665.000 exists shall  be 
deemed  to be a separate offense.  
665.050:  Order  to Cease and Desist  
(A) An Order  to Cease and Desist  may  be issued  by the  Department  or Board  of Health  to 
a person or  a business  agent  of a retail  establishment  upon the regulatory authority’s  
reasonable belief that:  
 (1) A person  is conducting sales of  tobacco  products  in violation  of the law,  
regulations, and/or  standards  applicable  to it; or  
(2) A person  refuses access to  the premises  and/or  records  to authorized 
enforcement  agents;  or 
(3) A person  or retail  establishment  is operating in  a manner  that may  pose  an 
imminent danger  to the public  health;  or 
(4) A retail  establishment  has failed  to comply  with a correction  order  within  the 
time specified;  or 
 
(5) A retail  establishment  is operating in  a manner  that is unsafe or  otherwise  
below  the accepted  standards  for the type of operation and summary  closure  is 
authorized by  statute  on these grounds. 
(B) Service  of Orders  to Cease and Desist  shall  be on the  person or  retail  establishment  or 
business  agent  of the retail establishment  by: 
(1) Personal  delivery  by an agent  of the regulatory agency;  or 
(2) Posting in  a conspicuous  place at the retail establishment;  or 
(3) Simultaneously  mailing,  by first class and cert ified mail return  receipt  
requested;  or 
(4) By any officer of  the Commonwealth  authorized to  make  service.   
Notice  is deemed  to be served  if the person or  retail  establishment  or business  
agent  of the retail establishment  has actual  notice  of the Order  to Cease and 
Desist.  
665.055:  Enforcement 
(A)  Local  Enforcement.    
(1)  General  Procedures .  Unless otherwise  expressly  provided  in any general  law 
to the contrary,  each  board of  health  may enforce  105 CMR 665.000, or  otherwise  
at law or in equity in the same manner  that local  rules  and regulations  are 
enforced.  
(2)  Emergency  Procedures.   
(a) Whenever  an emergency  related  to tobacco products  exists  in which  
the interest of protecting  the public  health  requires  that ordinary  
procedures  be dispensed with,  the board  of health  or its authorized  agent, 
acting  in accordance with  the provisions  of M.G.L. c.  111, § 30, may, 
without  notice  or hearing, issue an  order  reciting  the existence of  the 
emergency  and requiring  that such  action  be taken  as the  board of  health 
deems necessary  to meet  the emergency. Any  person to  whom  such  order  
is directed  shall  comply  therewith  within  the time  specified  in the order. 
Each  day's  failure  to comply  with  the order  shall  constitute  a separate 
offense.  Upon  compliance with  the order and within  seven  days  after  the 
day the  order  has been  served, he  or she may  file a written  petition  in the 
office  of the board of  health  requesting a  hearing. He  or she shall  be 
granted a hearing as soon  as possible, but  not later  than ten days  after the  
filing  of the petition. The  procedures  for such  hearing  shall  otherwise 
conform  with  the hearing  requirements  which  would have  existed  had the 
order  been  issued  under  non-emergency  circumstances.  
(b) No provision of  this subsection shall  be construed a s a limitation  on 
the emergency  powers  of the Department  of Public  Health  of the 
Commonwealth  or its Commissioner. 
(B)  Complaints.   Any  person who  desires to register a  complaint  pursuant  to the 
regulation  may do so  by contacting the  Board  of Health  or its designated agent(s)  in the 
town  where  the retail establishment  is located.  
(C)  State  Enforcement.    
(1)  Whenever  any Board  of Health  has failed  after  a reasonable length  of time  to 
enforce  the 105 CMR 665.000 the  Commissioner of  Public  Health  of the  
Commonwealth  or his or her designated  representative may act for the 
Commonwealth  in any way that the local  board  of health  is authorized to  act to 
effect  compliance.  
(2)  Upon the  determination  by the  federal  Food and  Drug  Administration  or the 
federal  Center s for Disease Control  and Prevention or  other  regulatory  authority 
that an electronic  nicotine  delivery  system  has been  shown by substantial  
epidemiologic, laboratory,  or other  evidence  to be the cause of an imminent 
danger  to public  health, the Commissioner of  Public  Health  may  place a ban or 
restriction  on the sale of such electronic  nicotine  delivery  system .   
 (D) Service  of Orders  
(1) Unless otherwise  stated  herein, orders  issued  under  the provisions  of 105 
CMR 665.000 shall  be served  on all  persons  responsible  for the violation  of such  
regulation.  
 
(2) These orders  shall  be served  in the following manner:  
(a) personally, by any perso n authorized  to serve  civil process,  or 
(b) by any person  authorized  to serve  civil  process  by leaving  a copy of  
the order  at his last and usual  place of abode, or  
(c) by sending him  a copy  of the order  by registered  or certified  mail,  re-
turn receipt  requested,  if he  is within  the Commonwealth,  or 
(d) if his last and usual  place of  abode  is unknown or  outside  the Com-
monwealth, by posting a  copy of  the order  in a conspicuous  place on or  
about  the premises and by advertising it for  at least three  out of five con-
secutive days  in one or more  newspapers of  general  circulation  within  the 
municipality  wherein  the building or  premises affected  is situated.  
 
(E)  Hearings 
(1) Procedure  for Requesting and Holding Hearing . Unless otherwise  specified  herein , the person 
or persons  to whom  any order  has been  served  pursuant  to any section  of 105 CMR 665.000 may  
request  a hearing before  the Board  of Health  or the Department,  as applicable,  by filing  with  the 
Board  of Health  or the Department,  as applicable,  within seven  days  after  the day the  order  was 
served,  a written  petition  requesting a  hearing on the matter.  Upon receipt  of such  petition, the  
Board  of Health  or the Department,  as applicable,  shall  set a time and place  for such  hearing  and 
shall  inform the petitioner  thereof  in writing.  The hearing shall  be commenced  not later  than 30 
days after  the day on which  the order  was served.  The Board  of Health  or the Department,  as 
applicable, upon application of  the petitioner,  may postpone  the date  of hearing for  a reasonable  
time beyond  such  30-day period if in the judgment  of the Board  of Health  or the Department,  as 
applicable, the petitioner  has submitted  a good and  sufficient  reason  for such postponement.   
(2)  Hearing  of Petitioner . At the hearing the  petitioner  shall  be given an  
opportunity to be heard  and to  show  why  the order  should be  modified  or 
withdrawn.  
(3) Procedure  by the  Board  After Hearing . After the  hearing the  Board  of Health  
or the Department,  as applicable,  shall  sustain, modify, or  with draw  the order  and 
shall  inform the petitioner  in writing  of its decision.  If the  Board  of Health  or the 
Department,  as applicable,  sustains  or modifies  the order, it shall  be carried  out 
within  the time  period allotted  in the original order  or in the modi fication.  
(4) Public  Record . Every  notice, order,  or other  record  prepared  by the  Board  of 
Health  or the Department,  as applicable,  connection with  the hearing shall  be 
entered  as a matter  of public  record  in the office  of the clerk  of the city or town, 
or in the office  of the Board  of Health  or the Department,  as applicable.   
(5) Hearing  Petition  not Submitted  or Sustaining  of Orde r. If a written  petition  for 
a hearing is  not filed  with  the board of health  within  seven  days  after the  day an  
order  has been  served  or if after  a hearing the order  has been  sustained  in any part,  
each day's  failure  to comply  with  the order  as issued  or modified  shall  constitute  
an additional  offense.  
(F)  Judicial  Appeals .  Any  person aggrieved  by the final decision of  the Board  of Health  or the 
Department,  as applicable,  with  respect  to any order  or other  action  taken  with respect  to 105 
CMR 665.000 may  seek  relief  therefrom in  any court  of competent  jurisdiction,  as provided by 
the laws  of this Commonwealth.  
665.060:  Severabili ty 
If any provision of  105 CMR 665.000 is  declared  invalid or  unenforceable,  the other  provisions  
shall  not be affected  thereby but  shall  continue  in full force  and effect.  
 
 REGULATORY AUTHORITY:   St. 2018, c.  157, §§17 through 19;  MGL  c. 111, § 239;  and 
MGL  c. 270, §§ 6, 7, and 27 through  29. 
 