Please be advised that the following does not cons titute the official version of this regulation. 
As is the case with all state re gulations, official versions are available once published from the 
Secretary of the Commonwealth’s State Publicat ions and Regulations Division, through the 
State Bookstore in Boston at (617) 727-2834. 
105 CMR 801.000:  SEVERE LUNG DISEASE ASSOCIATED WITH VAPING PRODUCTS 
801.005 Definitions 
801.010 Prohibition on Sale of Vaping Products 
801.015 Prohibition on Displa y of Vaping Products 
801.020 Concurrent Enforcement by Depa rtment and Boards of Health 
801.025 Enforcement by Other State Agencies 
801.030 Seizure of Vaping Products 
801.035 Over-the-Counter Nicotine Replacement Therapy 
801.040 Severability 
 
801.005: Definitions 
Board of Health means the appropriate and lega lly designated health authority of the city, 
town, or other legally constituted governme ntal unit within the Commonwealth having 
the usual powers and dutie s of the board of health  of a city or town.  
Commission means the Canna bis Control Commission. 
Department means the Massachusetts  Department of Public Health. 
MDAR means the Massachusetts Depart ment of Agricultural Resources. 
Vaping product means: 1) any product intended for human consumption by inhalation 
regardless of nicotine content, whether for one-time use or reusable, that relies on 
vaporization or aerosolizati on, including but not limited to electronic cigarettes, 
electronic cigars, elect ronic cigarillos, el ectronic pipes, el ectronic vaping product 
delivery pens, hookah pens, and any other sim ilar devices that rely on vaporization or 
aerosolization; and 2) any component, part, or  accessory of a product or device defined in 
subsection 1), even if sold separately. “Vap ing product” does not in clude any product that 
has been approved by the federal Food and Dr ug 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.  
801.010: Prohibition on Sale  of Vaping Products 
The sale of all vaping products to consumers in retail establishments, online, and through 
any other means, including all non-flavored a nd flavored vaping products, including mint and menthol, including tetrahydrocannabi nol (THC) and any other cannabinoid, is 
prohibited in the Commonwealth.  For the avoidance of doubt: 
(A)  A seller located in Massachusetts may not ma ke an in-store sale of vaping products 
to a consumer located in Massachusetts. 
(B) A seller located in Massachusetts or a seller  located in any other State may not make 
a sale of vaping products by online, phone, or  other means for delivery to a consumer 
located in Massachusetts. 
(C) A seller located in Massachusetts may ma ke a sale of vaping products by online, 
phone, or other means for delivery to a consumer located in another State.  
801.015: Prohibition on Displa y of Vaping Products 
The physical display of usable vaping products  in retail establishm ents, including all non-
flavored and flavored vaping products, including mint and menthol, including 
tetrahydrocannabinol (THC) and any ot her cannabinoid, is prohibited in the 
Commonwealth.   
(A)  All usable vaping products must be removed from shelves.   
(B)  105 CMR 801.015 does not apply to th e online display of vaping products. 
(C)  105 CMR 801.015 does not limit the adve rtisement of vaping products.  
 
801.020: Concurrent Enforcement by Depa rtment and Boards of Health 
(A)  The Department and any board of health may take any enforcement action permitted 
by 105 CMR 801.000 or as otherwise authorized  by law to effectuate 105 CMR 801.000 
as it applies to sales of vaping products to consumers or the physical display of vaping 
products in retail establishments.  
(B)  Each violation of this  regulation may be punished by a fine not exceeding $1,000.  
Fines shall be calculated on a per item and per transaction basis and may be assessed 
cumulatively.  
(C)  The Department or any board of health may seek injunctive relief in Superior Court 
to enforce 105 CMR 801.000. 
801.025: Enforcement by Other State Agencies 
(A)  The Commission shall enforce 105 CMR 801.000 to the extent it applies to its 
registered or licensed entities.   
(B)  MDAR shall enforce 105 CMR 801.000 to the extent it applies to its registered or 
licensed entities.  
  801.030: Seizure of Vaping Products 
Subject to valid order issued  by a court of competent juri sdiction, State Police or local 
law enforcement may seize any vaping products from entities or persons that continue to 
display or sell vaping products in violation of 105 CMR 801.000.  
801.035: Over-the-Counter Nicotine Replacement Therapy 
Over-the-counter (OTC) products approved by the federal Food and Drug Administration 
for the sale of or use as tobacco cessation pr oducts and marketed and sold exclusively for 
the approved purpose may be made availa ble pursuant to a standing order.  
801.040: Severability 
If any provision of 105 CMR 801.000 is declared invalid or unenforceable by a court of 
competent jurisdiction, the other provisions shall not be affected thereby but shall 
continue in full force and effect. 
 REGULATORY AUTHORITY:  MGL c. 17, § 2A; and MGL c. 111, §§ 1-3, 5, & 6.  