09/19/2023 BOARD OF HEALTH Minutes

Home Browse Search

McColgan noted that the law was signed in 2019 and that every BOH is required to enforce it. Ms. McColgan noted that some things must be enforced (highlighted in yellow), and some were discretionary for the BOH (highlighted in green). The Commonwealth has extended a ban on “flavored” products – Menthol and Wintergreen which were previously exempt. This ban does not extend to smoking bars, however. Regarding vape products, there must be child resistant packaging including prefilled vape products. For convenience stores and adult only retail there must be documentation: from manufacturer obtained from distributor – attestation that all products are not flavored and for convenience stores that vape 35 mg / mL of nicotine strength is not exceeded. The Commonwealth has banned “flavor enhancers.” Regarding signage, there are a lot of new signs required by retail stores. The purchaser of tobacco products must show ID regardless of age every time – even regulars. Regarding violations, there is a new fining structure - $1,000 mandated with no discretion (sale under age 21, flavored products, et cetera). However, Mr. Collett will work with vendors rather than imposing a draconian fine. Mr. Virgilio noted that this does not eliminate appeals. Ms. McColgan noted that Commonwealth law fine regime is clear and that a BOH not imposing the fine is not following the law. Mr. Seabury followed up by noting most BOH stick with the fines in order not to create a precedent. Ms. Colgan noted so far the only fines have been for sale to under 21 and flavored tobacco products. For sale to under 21 there is suspension of up to 30 business days for the first. A second violation is $2,000 with permit suspension being decided by the BOH – raising the problem of uneven enforcement. For appeals, the standard is was the procedure followed not if the sale happened – i.e. some irregularity making the vendor not responsible. For a third violation the fine ramps up to $5,000. The period is 36 months. For local policies falling outside the law, BOH can stick with the current fine structure (e.g. $100 fine for blunt wrap sales). Mr. Raposa asked by identification noting the myriad of IDs, Ms. Colgan noted that it was the best effort that mattered. However, an expired ID is not a valid ID regardless. Regarding the local fine discretion, Ms. Colgan noted that a BOH can opt to have a unified fine structure charging $1,000, $2000, and $5,000 for all violations. Mr. Seabury and the BOH thanked Ms. McColgan for the presentation with the suggestion of Mr. Seabury to meet with Ms. McColgan to work on a drafting Town regulation. Typically, there will be 3 meetings prior to a vote. Discussion of Refuse Regulation Mr. Virgilio asked to expand on the language to address dumpsters with holes in them or rusty with no identifying name. (“We can’t be running around with in rotted vehicles.”) Mr. Seabury suggested that the dumpsters could be required to be maintained watertight from top down. Mr. Virgilio noted the name and phone number need to be legible and maintained. (“Could we put a number on the dumpster.”) Mr. Seabury noted that a lot of dumpsters have numbers. Mr. Seabury noted he made definitions changing to make the regulation more intelligible (Definitions such as Contractors, Dumpsters, and Refuse are clarified). Regarding the definition of “refuse,” Mr. Seabury (with concurrence of Town Counsel) refers to Mass Gen Law 111 s. 150A with the addition of decomposing, dry material waste, and bulky items (Mass Gen. Laws 31A & 31B). Mr. Seabury, noting the issue of more than 3 violations leading to license revocation raised at the previous meeting with no time frame referenced, has clarified that this is in one calendar year but at the BOH discretion, but allowing for reinstating to BOH the following calendar year. (If there are 4 violations done in January 2024 the refuse hauler would have to come back the next calendar year to get their license and come before the BOH). Mr. Raposa noted that there are some dumpsters with a toilet attached – there would be two permits required. Mr. Virgilio asked