11/03/2022 BOARD OF HEALTH Minutes (3)

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A fine letter, dated October 4, 2022, was sent to this establishment via first class and certified mail. In that letter, the retailer was informed of their right to appeal the fine within seven (7) days of receipt of the letter. Per the USPS, the fine letter was delivered on October 17th and an appeal was filed with the BOH on October 19th. The appeal request provided no details or explanation why the fines should be waived. The Board should be aware that 105 CMR 665.040(D) states that any retail establishment (operating after December 11, 2019), which engages in the sale of a tobacco product to a person under the age of 21, shall be prohibited from selling tobacco products for up to 30 consecutive days. This authorized prohibition of tobacco sales was inadvertently left out of the fine letter. In reviewing the file on this establishment, our office found that there was only one violation within the past five (5) years, and it was for sale of blunt wraps. Fines associated with that violation were subsequently waived, and the prohibition of blunt wraps has since been removed our local regulation. Ernest Virgilio motioned to deny the appeal of fines for Mashpee Country Store, 387 Main Street, for sale of tobacco products to a person under the age of 21, and further move that any future violations of this nature shall result in suspension of the tobacco sales permit for a period of up to 30 consecutive days, as determined by the Board of Health. Brian Baumgaertel seconded. Roll Call Vote: Ernest Virgilio (yes), Brian Baumgaertel (yes) VOTE: unanimous (2-0) 4. Review of Letter of interest in membership on the Board of Health from Edward Raposa Ernest Virgilio motioned to recommend Edward Raposa to the Selectmen as a member of BOH Brian Baumgaertel seconded. Roll Call Vote: Ernest Virgilio (yes), Brian Baumgaertel (yes) VOTE: unanimous (2-0) 5. Review and approval of revised Board of Health Poultry Regulation Ernest Virgilio made a motion to recommend to approve revised BOH Poultry Regulations. Brian Baumgaertel seconded. Roll Call Vote: Ernest Virgilio (yes), Brian Baumgaertel (yes) VOTE: unanimous (2-0) Ernest Virgilio made a motion to adjourn the November 3, 2022 Board of Health Meeting. Brian Baumgaertel seconded. Roll Call Vote: Ernest Virgilio (yes), Brian Baumgaertel (yes) VOTE: unanimous (2-0) Chair Baumgaertal adjourned the November 3, 2022 Board of Health meeting at 6:38 PM. e° oily Submitted, S C! Patricia Papalia Scanning Clerk