10/25/2018 BOARD OF HEALTH Minutes

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this regulation. The number"21'did Include Walgreens and Stop&Shop(and Oak&Ember which closed and did not renew their tobacco permit);therefore,the new total number should be 18 tobacco retailers, Section E.S(d)will not be necessary as there will be no new retail permits issued after the adoption of this regulation. Section E.8(f) will not be necessary either because the Board already prohibits smoking in smoking bar; therefore, the requirement to make a smoking bar in a free-standing building Is not necessary. Mr. Harrington further summarized that, on July 27, 2018,the Governor signed Chapter 157 of the Acts of 2018,which Included language prohibiting healthcare Institutions from selling tobacco products, and .prohibiting the dispensing of free samples which, Mr. Harrington stated, Is in the Mashpee Health regulations already and has been for a long time. Chapter 157 also requires a three-year phase-in of the minimum sales age of 21,signage for cessation programs which the state added into their regulation,and a section allowing enforcement of child-proof packaging by the local Boards of Health. Additionally,under the new state law, a special commission shall be created to study vaping, Its effects on teens and young adults,and the industry as a whole. Mr. Harrington stated that, in conversation with another health agent, he learned of the court case between Cumberland f=arms and the Yarmouth Board of Health. 1 contacted the Yarmouth health Department and spoke to Amy Von Hone,Assistant Health Agent, and she explained that the court case involved the enforcement of the sale of flavored tobacco. I originally thought that the case involved the challenge of the prohibition of the flavored tobacco regulation itself. Bob Collet,of the Barnstable County Tobacco Control Program, Introduced himself. He provides tobacco enforcement for the region. The public comment period began with Dennis Lane, Executive Director for the Coalition for Responsible Tobacco Retailing, introducing himself. Mr. Lane has 44 years of experience as a retailer. He stated that the compliance rate In Mashpee is in excess of 91%, which suggests that very few Mashpee retailers are selling to people underage. He reminded the Board that the minimum wage is going up to$12 in January and that,for retailers hiring from this community,It would be devastating to profitability and their ability to hire year-round from within the community. Mr. Lane compared flavored tobacco to flavored alcohol, and stated that preventing retailers from selling flavored tobacco products will not solve problem of underage use. Mallory Langler asked Mr. Lane what his main concern is,and he answered that he does not want to see the prohibition on the sale of flavored tobacco, due to the waterfall effect, where consumers who go to other towns to purchase flavored tobacco products will inevitably take their other business there. Ms. Langler asked Mr.Collett if he had any numbers for Illegal sales In Mashpee. He answered that he did not have hard numbers, but they typically get 2-3 violations each time they go out, and stated that It Is a recurring problem in the town,which has led to several 30-day suspensions over the past 2-3 years, Mr. Collett corrected an earlier assertion by Mr. Lane that tobacco manufacturers are not targeting kids with flavored products, and stated that there is evidence In Internal documents that the tobacco Industry began developing these products back In the los and advertising was specifically directed at 14-year-olds who are the most vulnerable and impressionable. Mr. Lane advised the Board that the Town of Hyannis chose to support the retailers and to allow the flavored tobacco, because they believed retailers could be trusted. Tyler Ballou, representing Mashpee Convenience, Mashpee Country Store and the Barn, brought up several new points,stating that in regulating the types of products that can be sold,the Town Is piling on 2