Vape and tobacco laws in Massachusetts

''Characterizing flavor'', 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.
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''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;
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(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption.

“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.”

14. Flavored Tobacco Product means any tobacco product or any component
part thereof that contains a constituent that imparts a characterizing flavor.
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16. Nicotine Delivery Product means any manufactured article or product
made wholly or in part of a tobacco substitute or otherwise containing nicotine that is
expected or intended for human consumption,
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Nicotine delivery products include, but are not limited to, E-
Cigarettes.
17. Retailer means any person or entity who sells tobacco or nicotine delivery
products to individuals in the City of Boston,
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20. Tobacco Product shall be defined as a cigarette, cigars, chewing tobacco,
pipe tobacco, bidi, snuff, other tobacco or nicotine delivery product in any form.
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1. No retailer, retail establishment, or other individual or entity shall sell or
distribute or cause to sell or distribute a tobacco product to a person under twenty-one
(21) years of age.
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5. No retailer, retail establishment, or other individual or entity shall sell or
distribute or cause to be sold or distributed or offer for sale any flavored tobacco product
or tobacco product flavor enhancer to a consumer. This provision shall not apply to an
adult-only retail tobacco store or smoking bar as defined by this regulation.
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10. No retailer, retail establishment, or other individual or entity shall sell or
cause to be sold blunt wraps.
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Notwithstanding the foregoing, restrictions on the sale of mint, menthol, and wintergreen
flavored tobacco products shall take effect June 1, 2020.

(a) Prohibition.—
(1) In general .—All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph.
(2) Reasonable cause .—For the purposes of this subsection reasonable cause includes—
(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or
(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act.
(b) Exceptions.—
(1) Cigars .—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986).
(2) Geographic exception .—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii.
(3) Business purposes.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed only—
(i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or
(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government.
(4) Certain individuals.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

(5) Minimum age of sale
It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.

UPS does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.
All Tobacco Product Shipments must be made using UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Vaping Products are considered Tobacco Products for the purpose of this policy. UPS no longer accepts for U.S. domestic shipment, including import and export into or from the U.S., any Vaping Product, including but not limited to e-cigarette devices and e-liquids or gels, regardless of nicotine content, even if a Shipper or consignee is permitted to ship and receive Vaping Products under applicable laws or regulations.

UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.

We prohibit the shipping of tobacco and tobacco products . Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location. This includes but is not limited to:
Cigarettes
Cigars
Loose tobacco
Smokeless tobacco
Hooka or shisha
Vaporizers
E-cigarettes