3/5/2020 BOARD OF HEALTH Minutes

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who explained that Core and Priority are consistent with Non-Critical and Critical, respectively, and Priority-Foundation has been added between Core and Priority. Mr. Harrington reminded Board members that fines can be issued if an inspection is performed and an order to correct is issued but not complied with. Failure to correct a Core or Priority-Foundation violation would be a $25 fine per violation, and fallure to correct a Priority violation is a$50 fine per violation. The timeframe for correcting a Core or Priority-Foundation is 10 days, and the timeframe for correcting a Priority violation is 24 hours. Mr. Harrington stated that, at the previous meeting, the Board proposed that three or more Priority violations should be cause to put an establishment on probation, or five or more Priority and/or Priority-Foundation violations. The previous discussion did not include Core violations as warranting probation. Board members agreed that there are sometimes extenuating circumstances that preclude an establishment from correcting violations within the required timeframe, and those cases were at the discretion of the Health Agents. Mr. Harrington stated that, within the code, any repeat violation was cause for suspension or closure. The Board's existing food establishment enforcement regulation has fines being issued in a probationary period for critical violations only. Board members agreed it did not make sense to fine an establishment for not correcting a Core or Priority-Foundation violation, then not to fine that same violation if the establishment were on probation. Ms. Warden suggested adding the language that suspensions would be "at the discretion of the Board",and the Board members agreed. For purposes of the re-write of the regulation, Ms..Gardipe summarized the revisions as follows: The Board of Health is treating Priority and Priority-Foundation violations the same for probation and fines on probation; suspensions will be at the discretion of the Board, and fines will be the same for Core and Priority-Foundation violations on re-inspection. NEW BUSINESS 1. Review and approval of meeting minutes. February 20, 2020 Public Session minutes were reviewed, and Mr. Harrington recommended several changes that Board members were in favor of. There being no further comments,Mallory Langler moved to approve the minutes of February 20, 2020 Public Session meeting with the amendments discussed. Motion seconded by Veronica Warden. VOTE: Unanimous (3-0). 2. Sign expense warrants. Expense warrants were signed. 3: Reconsideration of Tobacco Violation, 401 Nathan Ellis Highway. Mr. Harrington commented that, on November 22, 2019, a tobacco compliance check by the Cape Cod Regional Tobacco Control Program identified Fronto leaves being sold at 401 Nathan Ellis Highway, Mashpee Mini Mart, which is considered a violation of the Board of Health Tobacco Sales Regulation, On February 27, 2020, an order letter was sent outlining the violation and fine of $100, per the regulation. The owner submitted a requestforthe Board to reconsiderthe fine. The legal process for the appeal of the violation is to submit a complaint in Superior Court; however, in the goal of limiting Town Counsel's time and the Town's money, Mr. Harrington placed this matter on the agenda to allow the Board the opportunity to resolve the matter without court costs. Other vendors with this same violation were granted a stay on the fines and the violation. C1 Gautam,a representative from the Mashpee Mini Mart, introduced himself for the record and stated that there had been a lot of general confusion around the Fronto leaves but that, going 4