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7:20—Title 5 Variance—190 Monomoscoy Road <br /> Mr. Harrington advised members that a continuance on this matter had been requested by the applicant. <br /> There being no further questions or discussion, Mallory Langier moved to approve the request for <br /> continuance of the Title 5 Variance at 190 Monomoscoy Road. Motion seconded by Brian Baumgaertel. <br /> VOTE: Unanimous(2-0). <br /> NEW BUSINESS <br /> 1, Approve Board of Health Meeting Minutes. Minutes of the September 27, 2018 Public Session <br /> were approved as presented. <br /> There being no further questions or discussion, Mallory Langler moved to approve the minutes of <br /> September 27, 2018 Public Session. Motion seconded by Brian Baumgaertel, VOTE: Unanimous <br /> (2-0). <br /> 2. Sign Expense Warrants. There were no Expense Warrants to sign. <br /> 3. Request for Title V Variance, New Construction--9 Deans Hollow Road. Mr. Harrington advised <br /> the Board that the plan for this system was revised to no longer require a variance. <br /> OLD BUSINESS <br /> 1. Discussion of Draft Tobacco Regulation. Mr. Harrington summarized that the first public hearing <br /> on the Draft Tobacco Regulation was held on June 7, 2018,where the Board took comments from <br /> retailers, attorneys and regulators. The regulation was amended on June 28, 2018 to include the <br /> comments from the Board and the public. Major revisions that were made to the regulation after <br /> the public comment period included the removal of the tobacco cessation signage requirement, <br /> removal of the automatic revocation of a tobacco permit after three sales to minors in a single <br /> year, a revision of the distance requirement from a new tobacco establishment to a school <br /> (building vs. property), a requirement for smoking bars to be situated in free-standing buildings, <br /> and revisions to the section on self-serve displays to allow them in adult-only retail stores. On <br /> July 12, 2018, the Board reviewed the draft regulation and made minor grammatical changes, as <br /> well as posing a few questions on definitions. <br /> Mr. Harrington informed members that,on July 27,2018,the Governor signed Chapter 157 of the <br /> Acts of 2018, which included language prohibiting healthcare institutions from selling tobacco <br /> products, and prohibiting the dispensing of free samples which, Mr. Harrington stated, is in the <br /> Mashpee Health regulations already and has been for a long time. Chapter 157 also requires a <br /> three-year phase-in of the minimum sales age of 21, signage for cessation programs which the <br /> state added into their regulation, and a section allowing enforcement of child-proof packaging by <br /> the local Boards of Health. Additionally, under the new state law, a special commission shall be <br /> created to study vaping, its effects on teens and young adults, and the industry as a whole. <br /> Mr. Baumgaertel inquired whether the phased-in approach applied to any other piece of the <br /> regulation besides the minimum age,and Mr. Harrington answered that everything else would be <br /> effective January 1, 2019. Mr. Harrington stated that retailer comments at the public hearing <br /> included concerns that, regardless of restrictions and enforcement at the local level, online <br /> purchases are a big problem. Mr. Harrington agreed that no one is regulating the sale of tobacco <br /> 2 <br />