E-Cig Ban/License Requirements Proposed in Boston!
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Agreed, though I think the writer could have worded the argument better.
"3. All retail sales of nicotine delivery products shall be by means of a face-to-face transaction between the retailer and the consumer."
Since the judge ruled e-cigs were not nicotine delivery products but tobacco products would this even apply to e-cigs?
Since the judge ruled e-cigs were not nicotine delivery products but tobacco products would this even apply to e-cigs?
This is the portion of the regulation that confuses me the most - besides the obvious, of course. Not because of the "delivery device/tobacco product" aspect, but because I don't see how a local municipality could have the jurisdiction and/or prosecutorial resources to go after out-of-state e-cig vendors (there aren't any online vendors left in all of Massachusetts that I know of, let alone in Boston). After all, Boston is often patient zero for nanny state regulations.
The only thing I can think of is that they're just trying to lay the groundwork for a state-wide ban. Our State Attorney General's office is notorious for threatening out-of-state online vendors for selling products they deem unsuitable for use by Massachusetts residents.
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- Apr 2, 2009
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The requirement for face-to-face sales of tobacco products began to be included in some local tobacco retailer ordinances two decades ago to reduce cigarette vending machine sales to children (as 25 years ago there were more cigarette vending machines in the US than tobacco retail stores, and vending machines sold to anyone who inserted the necessary amount of money, including many children).
But since there is no evidence that minors use e-cigarettes or that e-cigarettes are marketed to youth, there is currently no justification for requiring face-to-face e-cigarette sales transactions. But I suspect that the Boston Health Commission would argue that its the only way to ensure that e-cigarettes aren't sold to minors.
It would be very helpful if someone found and posted a copy of the current Boston tobacco retailer permit law (to see if it currently requires face-to-face sales for all other tobacco products). The way the newly proposed regulation is drafted, it is impossible to tell what the current law is and what changes are being proposed. If face-to-face sales are currently required for all other tobacco products in Boston, the commission will probably want to apply it to e-cigarettes as well.
But since there is no evidence that minors use e-cigarettes or that e-cigarettes are marketed to youth, there is currently no justification for requiring face-to-face e-cigarette sales transactions. But I suspect that the Boston Health Commission would argue that its the only way to ensure that e-cigarettes aren't sold to minors.
It would be very helpful if someone found and posted a copy of the current Boston tobacco retailer permit law (to see if it currently requires face-to-face sales for all other tobacco products). The way the newly proposed regulation is drafted, it is impossible to tell what the current law is and what changes are being proposed. If face-to-face sales are currently required for all other tobacco products in Boston, the commission will probably want to apply it to e-cigarettes as well.
I'd forgotten all about cigarette vending machines - been so long since I've seen one. Thanks for the insight, Bill.
I just don't have the skills or patience to be able to find exactly what was needed but this may help if someone wants to take a stab at it.
However I found this about selling to minors, apparently it's ok if you are a kids parent.
Section 6. Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for a second offense and not less than three hundred dollars for any third or subsequent offense.
Massachusetts Law About Smoking
http://www.malegislature.gov/Laws/GeneralLaws/SearchResults
Section 307C. The department of public health may, in consultation with the attorney general and the department of revenue, establish regulations for persons engaged in the sale or shipment of tobacco products to prevent the sale or delivery of tobacco products to children under 18 years of age in the commonwealth.
C.B.
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About the parent? They're just being clear.
Personally I disagree with selling NRPs to kids, any kids who smokes who really needs NRPs can talk to their parents and they can buy them. Same deal with e-cigarettes, only the parents have the moral and ethical authority over the development of their own child.
Cigarbabe sent me a message on Facebook to draw attention to the latest news story on Boston's proposed legal changes.
Store owners say curb on e-cigarettes would have little impact - Fenway-Kenmore - Your Town - Boston.com
Store owners say curb on e-cigarettes would have little impact - Fenway-Kenmore - Your Town - Boston.com
I actually have still seen them around, mainly in older bars in GA. Lat time I visited one, the machine wanted 10 bucks a pack and I could walk down the street for 4. Bartender even told me not to waste my money and walk a few blocks lol
We have a local ANTZ person here giving erroneous information about ecigs and nicotine. It would help to have others show the Board of Health and the Boston Globe what is true about our products and where we stand on their proposed regulations.
You can make comments here;
Store owners say curb on e-cigarettes would have little impact - Fenway-Kenmore - Your Town - Boston.com
Thank you Elaine for addressing the concerns!
C.B.
The comments that were there last night are gone, and now there is no link to view or enter comments. Did things get a little too hot for the Boston.com folks? Or does our little friend have that much pull?
Elaine, I was having trouble getting to the comments also. There was an error message where it allowed you to select home. I took that and re-entered the story from there and I got the comments. The website has some issues though, it said rothenbj was used which I'm pretty sure was mine from former posts and when I used FB, it had me with a user name I don't think I ever used. Then I tried to change it and it said it was changed, but when I posted it said the username was null.
All my paragraphs lost their spaces also when I copied in from word, where I had built my post. They really should give you a preview or an edit function.
All my paragraphs lost their spaces also when I copied in from word, where I had built my post. They really should give you a preview or an edit function.
taxachusetts at it again. i have no doubt in my mind that no matter what we do, eventually you will not be able to have your hardware and juice shipped in legally, everything will be garbage and available at a premium in smoke shops. our only hope would be to open a vape shop or two where you can trust the person behind the counter to import most of the items we all love having the ability to puchase online. im sure the state would have no problem with this since theyre taxing you which is all they want. regardless of what happens, this will be my last year in the baystate.
This link might work for those who want to access the comments: Store owners say curb on e-cigarettes would have little impact - Fenway-Kenmore - Your Town - Boston.com
They removed my earlier comment. I left this. Wonder how long it will stick before the Globe removes it.
They removed my earlier comment. I left this. Wonder how long it will stick before the Globe removes it.
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Elaine, I can't recall if you mentioned the nut job troll in your post. I did which is why I believe they removed half my post. I re-added it without the 1st paragraph.
Why, yes I did. I believe I said something like, "I'd like to thank 2585 for bringing up these concerns so that they can be addressed." Words to that effect.
Perhaps he interpreted that as a personal attack?
Perhaps he interpreted that as a personal attack?
Looking for people who are able and willing to attend the hearing on 10/4 and speak the truth about e-cigs! Please speak up if you will definitely be there!
Additionally, emails & faxes to the Boston DPH telling your vaping story! Describe what kind of impact banning indoor use and internet sales could have on you and on someone trying to make the switch.
All information on the hearing and the contacts are listed here
Additionally, emails & faxes to the Boston DPH telling your vaping story! Describe what kind of impact banning indoor use and internet sales could have on you and on someone trying to make the switch.
All information on the hearing and the contacts are listed here
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