MAHB
Assisting Massachusetts Boards of Health through
training, technical assistance and legal education

Massachusetts Association of Health Boards
Cheryl Sbarra, J.D.
Executive Director
Senior Staff Attorney
63 Shore Road, Suite 25
Winchester, MA 01890
(781)721-0183
yarra@mahb.org
www.mahb.org sbarra@mahb.org

Minimum Required Penalties for Violation of Tobacco Sales Law
105 CMR 665.040(d) and 105 CMR 665.045 set fines and suspensions for violation of
the Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery
systems as follows:
1. In the case of a first violation, a fine of $1,000 shall be imposed. In addition,
if the violation is a sale of a tobacco product to a person under the age of 21,
the local tobacco sales permit shall be suspended for up to 30 consecutive
business days.
2. In the case of a second violation within a 36-month period from the first
violation, a fine of $2,000 shall be imposed, and the local tobacco permit may
be suspended for up to 7 consecutive business days or longer if the local
regulation requires a longer suspension period.
3. In the case of a third or subsequent violations within a 36-month period from
the first violation, a fine of $5000 shall be imposed, and the local tobacco
permit may be suspended for at least 7 consecutive business days and up to
30 consecutive business days or longer if the local regulation requires a
longer suspension period.
Because this state regulation sets these fines and penalties as minimum standards, a
municipality cannot impose fines or penalties that are less than these mandated
minimum standards.
This information is being provided for educational purposes only and is not intended as
legal advice. For legal advice, please contact your municipal attorney.

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