12/19/2019 BOARD OF HEALTH Minutes

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Board members did not want to make any decision without Mr. Cabral being present. Since the area is somewhat isolated and the debris is not an immediate health hazard, the Board concluded it would be prudent to give Mr. Cabral a few weeks to respond to the order letters, and an opportunity to attend.an : upcoming meeting with a plan to remedy the situation. Mr. Harrington will continue to communicate the gravity of the situation to Mr. Cabral. There being no further comments or. discussion, Mallory Langler moved to continue the show-cause hearing for Cabral Container, 81 Echo Road, to next meeting. Motion seconded by Veronica.Warden. VOTE: Unanimous (3-0). 7:20—Mashpee Tobacco Regulation Mr. Harrington commented that, due to confusion regarding Fronto leaves and Fronto cigars, he believes the Board should amend the regulation to include those specific Fronto products by name as an example in the definition of a blunt wrap. It is his opinion that It would dispel any misunderstanding among the retailers, to add "(e.g. Fronto leaves and Fronto cigars that are loosely wrapped tobacco leaves)" at the end of the definition of a blunt wrap in the regulation. Mr. Harrington informed the Board that a Fronto supplier visited the Health Department with samples of the Fronto cigars that other towns were allowing because they are not.loosely wrapped so are not considered to be blunt wraps. The supplier also provided a letter from the Town of Somerville saying that they allow these products. It was Mr. Harrington's opinion that these particular Fronto cigars and cigarillos should not be considered blunt wraps because they cannot,be unraveled, so nothing can be added to them. Ms. Langler expressed some confusion as to'why blunt wraps would be categorized as a prohibited product and not other rolling papers, and apologized for not asking the question at the time the regulation was originally under review. Mr. Harrington stated that regular rolling papers are made from rice and other natural materials,while.blunt wraps are made from tobacco leaves. Chair Baumgaertel suggested that the Board focus on clarifying the definition of .a blunt wrap in the regulation,and postpone looking at blunt wraps as a prohibited product until a later date. He expressed concern about using the brand name Fronto within the regulation and asked Mr. Harrington to get an opinion from Town Counsel. There being no further comments or discussion,Mallory Langler moved to amend the Tobacco Regulation to include the proposed wording"(e.g. Fronto leaves and Fronto cigars that are loosely wrapped tobacco leaves)"following the definition of blunt wrap. Motion seconded by Veronica Warden. VOTE: Unanimous (3-0)., 7:25—135 Main Street Mr. Harrington commented that Mr. Java has returned due to his concern over the Board's decision relative to the recent tobacco violation at 414 Nathan Ellis Highway,Commons Convenience. On April 23, 2019, Mr. Java's establishment at 135 Main Street had a tobacco violation that involved Fronto leaves. The Board issued a stay of the fines for that violation,provided no other tobacco violations were cited for a 12-month period. On July 29,2019,tobacco was sold to a minor at 135 Main Street and,as a result,the violation and fines of April 23rd were re-instated. Due to this second violation, a five-day suspension of the tobacco permit was also issued. Mr. Harrington clarified that, in the case of Commons Convenience, the first violation was for sale to a minor and the second violation was for the Fronto leaves. Due to the confusion surrounding the Fronto 2