▸Intro / Preamble
Notwithstanding any general or special law to the contrary, Boards of Health in cities and towns shall not have the power to ban the community-wide sale of legal tobacco products by authorized stores, establishments and any other entities legally allowed to sell tobacco in the Commonwealth and within the existing by-laws of the community, wholesale or retail, without receiving the approval of town meeting or city council to create such a by-law within the city or town. This provision shall not interfere with a Board of Health’s ability to take action for an emergency and immediate health concern for a certain brand of the tobacco product or from a specific location if a health code violation has otherwise occurred or some other emergency health issue should arise so long as such action is not to ban the legal sale for the sake of doing so.
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Notwithstanding any general or special law to the contrary, Boards of Health in cities and towns shall not have the power to ban the community-wide sale of legal tobacco products by authorized stores, establishments and any other entities legally allowed to sell tobacco in the Commonwealth and within the existing by-laws of the community, wholesale or retail, without receiving the approval of town meeting or city council to create such a by-law within the city or town. This provision shall not interfere with a Board of Health’s ability to take action for an emergency and immediate health concern for a certain brand of the tobacco product or from a specific location if a health code violation has otherwise occurred or some other emergency health issue should arise so long as such action is not to ban the legal sale for the sake of doing so.