Section 27. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
''Child-resistant packaging'', 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.
''Liquid nicotine container'', a package: (i) from which nicotine 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 in any concentration; provided, however, that ''liquid nicotine container'' shall not include a sealed, prefilled and disposable container of nicotine 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 in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.
(b) No person shall knowingly sell, distribute or import for sale:
(i) a liquid or gel substance containing nicotine unless the substance is contained in child-resistant packaging; or
(ii) a liquid nicotine container unless the container includes child-resistant packaging as part of its design.
(c) A person who violates this section shall be subject to a civil penalty of $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.
(d) Local boards of health, departments of public health, inspection departments or equivalent local authorities or their agents shall enforce this section through the noncriminal disposition of violations.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title I - Crimes and Punishments
Chapter 270 - Crimes Against Public Health
Section 1 - Adulterating Liquor; Sale; Forfeiture
Section 1a - Eyeglasses or Sunglasses; Specifications; Flammable Frames; Sales
Section 3 - Drugs or Other Substance Injurious to Users; Distribution
Section 3a - Poison for Rodents; Placement Where It May Cause Injury
Section 4 - Wood Alcohol Contained in Food or Drink; Sale or Possession
Section 5 - Alcoholic Beverages or Drugs; Sale or Delivery to Hospital Patients
Section 6 - Sale or Provision of Tobacco Product to Person Under 21 Years of Age
Section 6a - Sale of Tobacco Rolling Papers to Person Under 21 Years of Age
Section 7 - Posting Copy of Secs. 6 and 6a; Signage for Smoking Cessation Resources
Section 8 - Candy Containing Alcohol; Sale
Section 8a - Foods Containing Foreign Injury Causing Substances; Distribution or Sale
Section 9 - Feeding Garbage or Refuse to Animals
Section 10 - Toys or Confectionery Containing or Coated With Material Containing Arsenic
Section 11 - Arsenic; Samples for Analysis
Section 12 - Fabric or Paper Containing Arsenic
Section 13 - Water; Refusal or Neglect to Furnish
Section 15 - Arrest Without Warrant for Spitting
Section 16a - Alternative Noncriminal Disposition of Violations of Sec. 16
Section 17 - Garbage or Refuse; Disposal in Containers Placed Along Highways
Section 18 - Substance Having Property of Releasing Toxic Vapors
Section 19 - Glue or Cement; Sale to Minors; Smelling Deterrent Ingredients
Section 20 - Burning of Refuse, Etc. Within Marine or Shoreline Boundaries
Section 22 - Smoking in Public Places
Section 23 - Flea Markets; Smoking Prohibition; Penalty
Section 24 - Mercury Thermometers; Sale or Supply; Instructions Regarding Breakage