Relation to Other Laws

Nothing in 940 CMR 21.00 shall relieve any person from liability at common law or under Massachusetts statutory law to any other person. Nothing in 940 CMR 21.00 shall be construed to preempt anyexisting law, ordinance, bylaw, regulation or rule which requires a permit or license for the sale of cigarettes, smokeless tobacco, or electronic smoking devices, or which regulates the sale, use, or distribution of cigarettes, smokeless tobacco, or electronic smoking devices. Nothing in 940 CMR 21.00 shall prohibit any city, town or board of health from enacting or enforcing any law, ordinance, bylaw, regulation or rule which requires a permit or license for the sale of cigarettes, smokeless tobacco, or electronic smoking devices, or which regulates the sale, use, or distribution of cigarettes, smokeless tobacco, or electronic smoking devices. Without limiting the generality of the foregoing, nothing in 940 CMR 21.00 shall prohibit any city, town, or board of health from enacting or enforcing any law, ordinance, bylaw, regulation or rule which imposes a monetary penalty, permit suspension or permit revocation for a violation of the local law. In cases where the ordinance, bylaw, regulation or rule is more restrictive than the provisions of 940 CMR 21.00, it shall control to the extent of any inconsistency with 940 CMR 21.00.