By Mrs. Walrath of Stow, petition (accompanied by bill, House, No. 2272) of Patricia A. Walrath and others for legislation to protect the public health by banning the public distribution of free smoking or tobacco products for commercial purposes.  Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Patricia A. Walrath

Pamela P. Resor

Gale D. Candaras

Jay R. Kaufman

Rachel Kaprielian

Elizabeth A. Malia

Stephen Stat Smith

John W. Scibak

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In the Year Two Thousand and Seven.

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An Act to protect the public health by banning the public distribution of free smoking or tobacco products for commercial purposes.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 270 of the General Laws is hereby amended by inserting, after section 22, the following section:—
Section 23. (a) No person, manufacturer, distributor, or retailer shall distribute, or cause to be distributed free samples of cigarettes, smokeless tobacco or other tobacco product for any commercial purposes in or upon any part of the streets, parks public grounds, publicly owned buildings, or other public places within the Commonwealth. Any person who violates this section shall be punished by a fine of not less than $25 nor more than $50 for each day on which any such violation occurs. Each such day shall constitute a separate offense.
(b) In addition to other authorized persons, the department of public health, local boards of health and in Boston the commissioner of health and hospitals shall enforce the provisions of this section. Any such enforcing authority or its authorized agent may dispose of a violation of this section pursuant to the noncriminal disposition procedures in section 21D of chapter 40 without an enabling ordinance or by-law. If non criminal procedures are employed, the fine for a first offense shall be $25, the fine for the second offense shall be $35, and the fine for a third or subsequent offense shall be $50.
(c) Enforcing authorities may adopt appropriate regulations providing for the orderly implementation of the section.
(d) Nothing in this section shall be construed to preempt the authority of any municipal government, board of health or health agency to promulgate, enact, or enforce any law, ordinance, by-law, or regulation that requires a permit or license for the sale of tobacco products or that regulates the sale, use or distribution of tobacco products.