Section 6 Conditions for granting or renewing stamping authority; promulgation of regulations; conflicts with provisions of chapter 94E - Massachusetts Statutes

Section 6. (a) A determination of the commissioner to not list or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed in section 4 of chapter 249.

(b) The commissioner shall not grant or renew stamping authority to a person unless the person has certified to the commissioner, in writing, that he is knowledgeable of this chapter and shall comply with its terms.

(c) The commissioner and the attorney general may promulgate regulations necessary to effectuate the purposes of this chapter.

(d) This chapter is not intended to and shall not be deemed to amend chapter 94E. If a court of competent jurisdiction finds that a provision of this chapter is in conflict with a provision of said chapter 94E, then the provision of said chapter 94E shall control and the provision of this chapter shall not apply. If any part of this chapter would cause chapter 94E to no longer constitute a “model statute” or a “qualifying statute,” as those terms are defined in the Master Settlement Agreement, then that part of this chapter shall not apply.