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HOUSE DOCKET, NO. 3546 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2166
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul K. Frost
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to local boards of health and the sale of legal tobacco products in the
Commonwealth.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul K. Frost7th Worcester1/20/2023 1 of 1
HOUSE DOCKET, NO. 3546 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2166
By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2166) of Paul K.
Frost for legislation to prohibit local boards of health from banning the sale of tobacco products
sold legally in the Commonwealth. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2287 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to local boards of health and the sale of legal tobacco products in the
Commonwealth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Notwithstanding any general or special law to the contrary, Boards of Health in cities and
2towns shall not have the power to ban the community-wide sale of legal tobacco products by
3authorized stores, establishments and any other entities legally allowed to sell tobacco in the
4Commonwealth and within the existing by-laws of the community, wholesale or retail, without
5receiving the approval of town meeting or city council to create such a by-law within the city or
6town. This provision shall not interfere with a Board of Health’s ability to take action for an
7emergency and immediate health concern for a certain brand of the tobacco product or from a
8specific location if a health code violation has otherwise occurred or some other emergency
9health issue should arise so long as such action is not to ban the legal sale for the sake of doing
10so.