11/07/2019 BOARD OF HEALTH Minutes

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Town of Mashpee 16 Great Neck Road North . � y Mashpee, Massachusetts 02649 BOARD OF HEALTH — PUBLIC SESSION Mashpee Town Hall —Waquoit Meeting Room Minutes of the Meeting of November 7, 2019 Board Members Present: Member Absent: Also Present: Brian Baumgaertel,Chair Laurel Almquist,Co-chair Glen Harrington, Health Agent Mallory Langler,Clerk Chair Brian Baumgaertel called the meeting to order at 7:00 PM. APPOINTMENTS 7:15—414 Nathan Ellis Highway Mr. Harrington commented that; on April 16, 2016, during a tobacco compliance check at Commons Convenience, located at 414 Nathan Ellis Highway, tobacco products were sold to a minor. At a subsequent hearing held on April 20, 2016;the Board of Health found the owner in violation of the Mashpee Board of Health Smoking Regulation,As this was their first offense,the Board imposed a fine.of $100, per the regulation. In a letter dated April 26, 2016,the owner was reminded that any subsequent violations within the coming 48 months would subject him to additional fines and/or permit revocation. On January 8, 2019, Bob Collett of the Cape Cod Regional Tobacco Control Program and Mr. Harrington . met at the*Route 130 Shell to train the owner regarding the new flavored tobacco restricted products. The owners of Mashpee Shell, the The Country Store and Commons Convenience attended the training. At the training, the sale of cigars and flavored products, and restriction of the Fronto King leaves were discussed. Fronto cigars were not discussed. Mr.Harrington took notes at the training,where Mr.Collett explained that individual cigars must be priced at$2.50/ea and multiple cigars in a package must be priced at$5, Fronto Kings tobacco leaves and Fronto cigars were pulled from the shelves that day at Commons Convenience, and Mr. Collett advised that they are considered blunt wraps. Mr. Harrington stated that appropriate education and training was performed that day. On October 3, 2019,a Tobacco Compliance Check was conducted at Commons Convenience. During the inspection,three types of Fronto leaves as well as Game Blue flavored tobacco products were available for purchase.Section P(1)(b)of the Smoking Regulation requires issuance of a fine of$200 for the second offense,and suspension'of the Tobacco Sales Permit for five(5) consecutive business days,at the Board's discretion. Attorney Robert Mills was present at the meeting to represent Saeed Chaudhry,the owner of Commons Convenience,who was also present. he Mills discussed the lack,of clarity in retailers' minds about what is and isn't permissible under the new regulation. He acknowledged the training on January 8,2019, and thanked the Health Agent for conducting it. Subsequent to that training, Mr. Chaudhry was very