Tobacco Regulations

Restricting the Sales of Flavored Tobacco Products - Effective January 1, 2020. 

On August 30, 2019, the Shrewsbury Board of Health voted to enact a regulation entitled "Restricting the Sales of Flavored Tobacco Products.". This regulation will go into effect on January 1, 2020.

Flavored Tobacco Products
The Shrewsbury Board of Health has prohibited the sale of flavored tobacco products, except in adult- only retail tobacco stores. As of the effective date of this regulation, you are prohibited from selling any tobacco product, including e-cigarettes that have a characterizing flavor other than menthol or tobacco. Since the Town of Shrewsbury considers e-cigarettes a tobacco product, you may no longer sell flavored e-cigarettes. Even if the label does not state that the product is flavored, if by smell and taste the product has a characterizing flavor, you may not sell that product under this regulation.

This flavor restriction applies to:
a.   Flavored  cigars,  little  cigars,  and  cigarillos  (flavors  include,  but  are  not
      limited  to  wine,  grape, peach, and vanilla)

b.   Flavored smokeless tobacco (flavors include, but are not limited to berry, apple,
      or citrus blend)

c.   Flavored e-cigarettes (flavors include but are not limited to cherry crush, pina
      colada)

d.   Any tobacco products t tobacco derived products that smell and taste like fruit,
      candy or alcohol, other than menthol or tobacco.

This flavor restriction does NOT apply to:
a.   Menthol cigarettes

b.   Menthol, mint, or wintergreen flavored tobacco products

c.   Adult-only Retail Tobacco Stores that meet the following definition: 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 tobacco 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
      Shrewsbury Board of Health.

d.   Smoking Bars that meet the following definition: An establishment that
      primarily is engages in the retail sale of tobacco products for consumption by
      customers on the premises and is required by Mass. General Law Ch. 270, §22
      ti maintain a valid permit to operate a smoking bar issued by the Massachusetts
      Department  of  Revenue.  “Smoking  bar”  shall  include,  but  not  limited  to,
      those establishments that are commonly known as “cigar bars” and “hookah
      bars”.

e.   A  person  or  entity  engaged  in  the  business  of  selling  or  distributing
      cigars  for  commercial purposes to another person or entity engaged in the
      business of selling or distributing cigars for commercial purposes with the intent
      to sell or distribute outside the boundaries of Shrewsbury.

If you believe you qualify under the “adult-only retail tobacco store” exemption paragraph (c) or “smoking bar” exemption paragraph (d), please contact the Shrewsbury Board of Health to confirm your assessment.

Penalties: 
The penalties assessed to those who violate this regulation are subject to a fine that range from $100.00 up  to  $300.00  and  possible  suspension  or  revocation of  their  tobacco  permit.  The  tolling  period  for violations is thirty six (36) months. When a violation occurs, the permit holder’s violation history will be considered when determining the penalty level.