HomeMy WebLinkAbout2014-02-27 Board of Health Agenda Packet i
North Andover Board of Health
Meeting Agenda
flier day, February 27,201.4
7:00 pan.
120R Main Street, Senior Center
Activity Room #2
North Andover, MA 01845
1. CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS
IV. APPROVAL OF MINUTES
Meeting minutes from January 23,2014 to be presented for signature.
V. OLD BUSINESS
VI. NEW BUSINESS
A.Proposed revisions to the Town of North Andover Board of Health Regulations Affecting Smoking in
Certain Places and Youth Access to Tobacco.
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Discussion by Northeast Mosquito Control on upcoming mosquito season.
B. Discussion on food poisoning
C. Information on upcoming two day certified food safety manager course(ServSafe)
VIII. CORRESPONDENCE/NEWSLETTERS
IX. ADJOURNMENT
2014 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1
Note: The Board of Health reserves the right to tale items out of order and to discuss and/or vote on items that are not listed on
the agenda.
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
North Andover 2013
Adulticiding: 2.18 gals. Total(Duet)
One truck spray was conducted on the night of July 24th on Brookview
Drive at the request of the Board of Health. Residents from Brookview
had requested mosquito spraying. On the night of August 15th we truck
sprayed the parks and fields in town at the request of the Board of Health.
Two truck sprays in response to West Nile virus positive mosquitos,were
conducted on the nights of September 3rd and September 25th
Barrier Sprays: 16.0 gals. Total(1 oz. Suspend SC/ 1 gal. Water mix)
Two truck barrier sprays were conducted in town. One on the night of
August 15th in conjunction with the Adulticiding of parks and fields.
Barrier spraying can only be applied to areas that are surrounded by
vegetation,whereas the spray coats the foliage thus creating a"barrier".
The areas with little or no surrounding vegetation received the adulticide.
The second barrier spray was done on the night of August 19th at the
Brooks School.
Catch Basins: 2,700 Total basins treated (Altosid Pellets,Vectomax WSP,Vectolex
WSP)
Catch basin treatments began on August 1st and were completed on
September 16th. This type of treatment is coordinated with the town DPW
so that the catch basins are first cleaned out and then treated.
Fresh Water Larvicidin : 59 lbs. Total (Vectobac G)
North Andover has historical larviciding sites that are inspected every
spring for breeding. These sites were inspected and treated for larvae in
the month of May. In our travels throughout the town we are always
looking for new breeding sites to add to our list.
Hand Ditch Maintenance: 250 feet Total
During the spring fresh water larviciding season our crew will clean out
roadside drainage ditches,brooks, streams, culverts and headwalls where
the flow of water is impeded by leaves,branches, twigs, lawn clippings
and sometimes even trash. This helps to keep the water flowing,thus
reducing mosquito breeding areas. Last May,while larviciding,we
cleaned approximately 250 linear feet of blockages in North Andover.
November 19, 2013
Summary of Proposed Tobacco Control Regulations for North Andover
1. Strong recommendation to hide tobacco products from the view of customers at
pharmacies (as is currently the policy at the Rite Aid in North Andover).
2. Ban the sale of blunt wraps, which are hollow tubes made of tobacco.
3. Caps the number of establishments holding tobacco sales permits, except that an
establishment that purchases a business from current permit holder can obtain a
permit so long as they apply in a timely fashion.
4. Prohibit sale of nicotine delivery products (such as electronic cigarettes) to persons
under the age of 18.
5. Requires that cheap cigars (those priced atIess than $2.50) be packaged in groups
of at least four units (this is analogous to tho`currentrequirement that cigarettes not
be sold individually, but only in packages of 20).
6. Require retailers ID customers before,they can purchase nicotine delivery products
(such as electronic cigarettes).
7. Apply the restriction against,self-service displays to nicotine delivery products.
8. Prohibit smoking electronic cigarettes in any place where smoking is prohibited.
9. Mandate posting;of,a sign providing customers information on how to quit using
tobacco.
10. Prohibit smoking in retail tobacco stores (except those located in a freestanding
building)
11 Prohibit smoking in so-called "smoking bars" (which are establishments—such a
;hookah or cigar bars where the state law does permit smoking)
12 Require that only"owners of establishments with permanent, non-mobile locations
are:;el,igible to apply for a permit>to sell tobacco products or nicotine delivery
products.
13. End coupon redemptions that allow a customer to purchase tobacco products for
free or for prices be, 6-w minimum pricing laws.
14. Prohibit the sale bf tobacco products in colleges and other educational institutions.
15. Prohibit the use of certain non-residential roll your own machines, which are
machines designed to roll and wrap tobacco into products.
16. Prohibit smoking in outdoor spaces of restaurants and bars where food and/or
beverages are served or consumed
Town of North Andover
Board of Health
SECTION 1 RESTRICTING THE SALE OF TOBACCO&NICOTINE DELIVERY
PRODUCTS: PURPOSE
Whereas there exists conclusive evidence that tobacco smoke causes cancer,respiratory and cardiac
diseases,negative birth outcomes, irritations to the eyes,nose and throat(Center for Disease Control and
Prevention, (CDC)(2012),Health Effects of Cigarette Smoking Fact Sheet. Retrieved from:
http://www.cdc.gov/tobacco/data statistice/fact sheets/health effects/effects_cig_smoking/index.htm;
Whereas among the 15.7%of students nationwide who currently smoke cigarettes and were aged less
than eighteen(18)years, 14.1%usually obtained their own cigarettes by"buying them in a store(i.e.,
convenience store, supermarket, or discount store) or gas station (CDC (20.09), Youth Risk Behavior,
Surveillance Summaries(Morbidity and Mortality Weekly Report(MMWR) 2010: 59, 11 (No. SS-55))
Retrieved from: http•//www cdc.gov/Healt—hyYoutli%b§/index.htm.);
Whereas nationally in 2009, 72%of high school smokers"and 66%;of middle school,smokers were not
asked to show proof of age when purchasing cigarettes(CDC Office
'of Smoking and Health,National
Youth Tobacco Survey, 2009. Analysis"by the American Lung Association(ALA),Research and Program
Services Division using SPSS software,I as reported in"Trends m Tobacco Use",ALA Research and
Program Services,Epidemiology and Statistics Un duly 2011 Retrieved from: www.lung.org/finding-
cures/our-research/trend-reports/Tobacco Tr"end-Report.�df.);
Whereas the U.S. Department of Health and Human Services"h4s"concluded that nicotine is as addictive
as cocaine or heroin(CDG(2010),Ho v.Tobacco Sjhoke;Causes Disease: The Biology and Behavioral
Basis for Smoking-Attr l usable Disease Retrieve&froin:
http://www.cdc.gov/tobaccoidata statistics/sgr/20104,
Whereas despite state;lavys prohib�titig the sale of tobacco products to minors, access by minors to
tobacco products is a inajoz problem;
Whereas MOYnon-cigarette tobacco products, such as cigars and cigarillos can be sold in a single `dose;"
enjoy a relative1,Jow tax as compared to cig rettes; are available in fruit, candy and alcohol flavors; and
are popular among"youth (CDC (2009),Youth Risk Behavior, Surveillance Sunnnaries(MMWR 2010:
59, 12,note 5). Retrieved from lift p www.cdc.gov/mmwr/pdgss/ss5905.pdf.);
Whereas in Massachusetts,youth use"eof all other tobacco products, including cigars,rose from 13.3% in
2003 to 17.6% in 2009,and v*}igher than the rate of current cigarette use(16%)for the first time in
history(Commonwealth of Massachusetts,Data Brief,Trends in Youth Tobacco Use in Massachusetts,
1993-2009. Retrieved from:
http://www.mass.gov/Eeohhs2/docs/dph/tobacco control/adolescent tobacco use youth trends 1993 2
009.pdf.)
Whereas research shows that increased cigar prices significantly decreased the probability of male
adolescent cigar use and a 10%increase in cigar prices would reduce use by 3.4%(Ringel, J.,
Wasserman,J., &Andreyeva, T. (2005) Effects of Public Policy on Adolescents'Cigar Use: Evidence
from the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi:
10.2105/AJPH.2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth:
Are We Underestimating the Magnitude of this Problem?, J.Prim.P. 2011,Aug: 32(3-4):161-70.
Retrieved from: www.nebi.nim.gov/pubmed/21809109);
Whereas nicotine levels in cigars are generally much higher than nicotine levels in cigarettes
(National Institute of Health(NIH),National Cancer Institute(NCI)(2010). Cigar Smoking and Cancer.
Retrieved from: http://www.cancer.go b/cancertopies/factsheet/Tobacco/cigars.;
Whereas Non-Residential Roll-Your-Own(RYO)machines located in retail stores enable retailers to sell
cigarettes without paying the excise taxes that are imposed on conventionally manufactured cigarettes.
High excise taxes encourage adult smokers to quit and high prices deter youth from starting. Inexpensive
cigarettes, like those produced from RYO machines, promote the use of tobacco,resulting in a negative
impact on public health and increased health care costs, and severely undercut the evidence-based public
health benefit of imposing high excise taxes on tobacco (I Eriksen, M.,Mackay, J.,Ross,H. (2012). The
Tobacco Atlas, Fourth Edition, American Cancer Society, Chapter 29, p. 80. Retrieved from:
www.TobaccoAtlas.org.)and(Chaloupka, F. J. &Liccardo Pacula, R.,NIH,NCI(2001). The Impact of
Price on Youth Tobacco Use, Smoking and Tobacco Control Monograph 14: Changing Adolescent
Smoking Prevalence) 193—200. Retrieved from: http://dccps.nih.gov/TCRB/monographs ;
Whereas it is estimated that 90% of what is being sold as pipe tobacco is actually being used in Non-
Residential RYO machines. Pipe tobacco shipments went from 11.5 million pounds in 2009 to 22.4
million pounds in 2010. Traditional RYO tobacco shipments dropped from 11.2 million pounds to 5.8
million pounds; and cigarette shipments dropped from 308.6 billion sticks to 292.7 billion sticks
according to the December 2010 statistical report released by the U.S. Department of the Treasury,
Alcohol and Tobacco Tax and Trade Bureau(TTB)(TTB (2011). Statistical Report—Tobacco(2011)
(TTB S 5210-12-2010). Retrieved from: http://www.ttb.gov/statistics/2010/201012tobacco.pdf.;
Whereas the sale of tobacco products and nicotine delivery products are incompatible with the mission of
health care institutions because these products are detrimental to the public health and their presence in
health care institutions undermine efforts to educate patients on the safe and effective use of medication,
including cessation medication;
Whereas educational institutions sell tobacco products to a younger population,who is particularly at risk
for becoming smokers and such sale of tobacco products and nicotine delivery products are incompatible
with the mission of educational institutions that educate a younger population about social, environmental
and health risks and harms;
Now,therefore it is the intention of the North Andover Board of Health to regulate the sale of tobacco
products and nicotine delivery products.
SECTION 2 DEFINITIONS
For the purpose of this regulation,the following words shall have the following meanings:
4.2.001 BLUNT WRAP: Any tobacco product manufactured or packaged as a wrap or as a
hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer
with loose tobacco or other fillers.
4.2.002 BUSINESS AGENT: An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said establishment.
4.2.003 CIGAR: Any roll of tobacco that is wrapped in leaf tobacco or in any substance
containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under
Massachusetts General Law, Chapter 64C, Section 1,Paragraph 1.
4.2.004 E-CIGARETTE: Any electronic Nicotine Delivery Product composed of a mouthpiece,
heating element,battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or
relies on vaporization of solid nicotine or any liquid. This term shall include such devices whether they
are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
4.2.005 EDUCATIONAL INSTITUTION: Any public or private college, school,
professional school, scientific or technical institution,university or other institution furnishing a
program of higher education.
4.2.006 EMPLOYEE: Any individual who performs services for an employer.
4.2.007 EMPLOYER: Any individual,partnership, association, corporation,trust or other
organized group of individuals, including North Andover or any agency thereof,which uses the services
of one(1)or more employees.
4.2.008 ENCLOSED: A space bounded by walls,with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one(1)or more doors, including but not limited to an
office,function room or hallway.
4.2.009 HEALTH CARE INSTITUTION: An individual,partnership,association, corporation
or trust or any person or group of persons that provides health care services and employs health care
providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under
M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the
provisions of 247 CMR 6.00. Health care institution includes, but is not limited to,hospitals,clinics,
health centers,pharmacies, drug stores, doctor offices and dentist offices.
4.2.010 MINOR: Any individual who is under the age of eighteen(18).
4.2.011 NICOTINE DELIVERY PRODUCT: Any manufactured article or product made
wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human
consumption,but not including a product approved by the United States Food and Drug Administration
for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is
being marketed and sold solely for that approved purpose.Nicotine delivery product includes, but is not
limited to, e-cigarettes.
4.2.012 NON-RESIDENTIAL ROLL-YOUR-OWN(RYO)MACHINE: A mechanical
device made available for use (including to an individual who produces cigars, cigarettes,
smokeless tobacco,pipe tobacco, or roll-your-own tobacco solely for the individual's own
personal consumption or use)that is capable of malting cigarettes, cigars or other tobacco
products. RYO machines located in private homes used for solely personal consumption are not
Non-Residential RYO machines.
4.2.013 OUTDOOR SPACE: An outdoor area, open to the air at all times and cannot be
enclosed by a wall or side covering.
4.2.014 PERMIT HOLDER: Any person engaged in the sale or distribution of tobacco or
nicotine delivery products directly to consumers who applies for and receives a tobacco and nicotine
delivery product sales permit or any person who is required to apply for a tobacco and nicotine delivery
product sales permit pursuant to these regulations, or his or her business agent.
4.2.015 PERSON: An individual, employer, employee, retail store manager or owner, or the
owner or operator of any establishment engaged in the sale or distribution of tobacco or nicotine delivery
products directly to consumers.
4.2.016 RETAIL TOBACCO STORE: An establishment which is not required to possess
a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for
resale,tobacco products and paraphernalia, in which the sale of other products is merely incidental,
and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid
permit for the retail sale of tobacco products as required to be issued by the North Andover Board of
Health.
4.2.017 SELF SERVICE DISPLAY: Any display from which customers may select a tobacco
product or a Nicotine Delivery Product without assistance from an employee or store personnel,
excluding vending machines.
4.2.018 SMOKING(or smoke): The lighting of a cigar, cigarette,pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product
designed to be combusted and inhaled.
4.2.019 SMOKING BAR: An establishment that primarily is engaged in the retail sale of
tobacco products for consumption by customers on the premises and is required by Mass. General
Law Ch. 270, Section 22 to maintain a valid permit to operate a smoking bar issued by the
Massachusetts Department of Revenue. "Smoking Bar" shall include, but not be limited to,those
establishments that are commonly known as"cigar bars"and"hookah bars".
4.2.020 TOBACCO PRODUCT: Cigarettes, cigars, chewing tobacco,pipe tobacco, bidis, snuff
or tobacco in any of its forms.
4.2.021 VENDING MACHINE: Any automated or mechanical self service device,which upon
insertion of money,tokens or any other form of payment, dispenses or makes cigarettes, any other
tobacco product or Nicotine Delivery Product.
SECTION 3 TOBACCO AND NICOTINE DELIVERY PRODUCT SALES TO MINORS
PROHIBITED
4.3.001 No person shall sell tobacco or nicotine delivery products or permit tobacco or nicotine
delivery products to be sold to a minor; or not being the minor's parent or legal guardian, give tobacco or
nicotine delivery products to a minor.
4.3.002 REQUIRED SIGNAGE
4.3.002(1) In conformance with and in addition to Massachusetts General Law, Chapter 270,
Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall be posted
conspicuously by the owner or other person in charge thereof in the shop or other place
used to sell tobacco products at retail. The notice shall be provided by the Massachusetts
Department of Public Health and made available from the North Andover Board of
Health. The notice shall be at least 48 square inches and shall be posted conspicuously
by the permit holder in the retail establishment or other place in such a manner so that it
may be readily seen by a person standing at or approaching the cash register. The notice
shall directly face the purchaser and shall not be obstructed from view or placed at a
height of less that four(4)feet or greater than nine(9)feet from the floor. The owner or
other person in charge of a shop or other place used to sell tobacco products at retail shall
conspicuously post any additional signs required by the Massachusetts Department of
Public Health.
4.3.002(2)The owner or other person in charge of a shop or other place used to sell tobacco products
at retail shall conspicuously post signage provided by the North Andover Board of Health
that discloses current referral information about smoking cessation.
4.3.002(3)The owner or other person in charge of a shop or other place used to sell nicotine delivery
products at retail shall conspicuously post a sign stating that"The sale of nicotine
delivery products to minors under 18 years of age is prohibited."The owner or other
person in charge of a shop or other place used to sell e-cigarettes at retail shall
conspicuously post a sign stating that"The use of e-cigarettes at indoor establishments
may be prohibited by local law."The notices shall be no smaller than 8.5"by 11"and
shall be posted conspicuously in the retail establishment or other place in such a manner
so that they may be readily seen by a person standing at or approaching the cash register.
These notices shall directly face the purchaser and shall not be obstructed from view or
placed at a height of less than four(4)feet or greater than nine(9)feet from the floor.
4.3.003 IDENTIFICATION: Each person selling or distributing tobacco products or nicotine
delivery products shall verify the age of the purchaser by means of government-issued
photographic identification containing the bearer's date of birth that the purchaser is 18
years old or older. Verification is required for any person,regardless of age.
4.3.004 All retail sales of tobacco or nicotine delivery products must be face-to-face between the
seller and the buyer(except for the purchase of tobacco from vending machines)and all
retail sales of tobacco or nicotine delivery products must occur at the permitted location.
SECTION 4 TOBACCO AND NICOTINE DELIVERY PRODUCT SALES PERMIT
4.4.001 No person shall sell or otherwise distribute tobacco or nicotine delivery products at retail
within North Andover without first obtaining a Tobacco and Nicotine Delivery Product Sales Permit
issued annually by the North Andover Board of Health. Only owners of establishments with a permanent,
non-mobile location in North Andover are eligible to apply for a permit and sell tobacco products or
nicotine delivery products at the specified location in North Andover.
4.4.002 As part of the Tobacco and Nicotine Delivery Product Sales Permit application process,
the applicant will be provided with the North Andover Board of Health regulation. Each applicant is
required to sign a statement declaring that the applicant has read said regulation and that the applicant is
responsible for instructing any and all employees who will be responsible for tobacco and nicotine
delivery product sales regarding federal, state and local laws regarding the sale of tobacco and this
regulation.
4.4.003 Each applicant who sells tobacco is required to provide proof of a current tobacco sales
license issued by the Massachusetts Department of Revenue before a Tobacco and Nicotine Delivery
Product Sales Permit can be issued.
4.4.004 The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be in accordance
with the most current Board of Health fee schedule. All such permits shall be renewed annually by June
30`x'of every year.
4.4.005 A separate permit is required for each location where a retail establishment is selling
tobacco or nicotine delivery products.
4.4.006 Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the retail
establishment in a conspicuous place.
4.4.007 No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any employee
to sell tobacco products or nicotine delivery products until such employee reads this regulation and
federal and state laws regarding the sale of tobacco and signs a statement, a copy of which will be placed
on file in the office of the employer,that he/she has read the regulation and applicable state and federal
laws.
4.4.008 A Tobacco and Nicotine Delivery Product Sales Permit is non-transferable. A new
owner of an establishment that sells tobacco or nicotine delivery products must apply for a new permit.
No new permit will be issued unless and until all outstanding penalties incurred by the previous permit
holder are satisfied in full.
4.4.009 Issuance of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned
on an applicant's consent to unannounced,periodic inspections of his/her retail establishment to ensure
compliance with this regulation.
4.4.010 Issuance and holding of a Tobacco and Nicotine Delivery Product Sales Permit shall be
conditioned on an applicant's on-going compliance with current Massachusetts Department of Revenue
requirements and policies including,but not limited to,minimum retail prices of tobacco products.
4.4.011 A Tobacco and Nicotine Delivery Product Sales Permit will not be renewed if the permit
holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or has not
satisfied any outstanding permit suspensions.
4.4.012 Limiting Number of Tobacco and Nicotine Delivery Product Sales Permits Issued in the
Town of North Andover. As of ,the North Andover Board of Health shall not issue a
Tobacco and Nicotine Delivery Product Sales Permit to a first-time permit applicant with a new business.
No permit renewal will be denied based on the requirements of this subsection except any permit holder
who has failed to renew his/her permit within 30 days of expiration will be treated as a first-time permit
applicant.Applicants who purchase a business that holds a current Tobacco and Nicotine Delivery
Product Sales Permit at the time of the sale of said business may apply,within 60 days of such sale,for
the permit held by the Seller if the Buyer intends to sell tobacco products and/or nicotine delivery
products and failure to meet this deadline will result in the Buyer being treated as a first-time permit
applicant. The Board of Health may vary the application of this section. Every request for a
variance shall be made in writing and shall state the specific variance sought and reasons thereof.
Any variance granted must be in writing with a copy available to the public at all reasonable
business hours in the offices of the North Andover Town Clerk and the North Andover Board of
Health.
SECTION 5 CIGAR SALES REGULATED:
4.5.001 No retailer,retail establishment, or other individual or entity shall sell or distribute or cause
to be sold or distributed a cigar unless the cigar is contained in an original package of at least four(4)
cigars.
4.5.002 This Section shall not apply to:
(a) The sale or distribution of any cigar having a retail price of more than two dollars
and fifty cents ($2.50).
(b) A person or entity engaged in the business of selling or distributing cigars for commercial
purposes to another person or entity engaged in the business of selling or distributing cigars
for commercial purposes with the intent to sell or distribute outside the boundaries of North
Andover.
4.5.003 The North Andover Board of Health may adjust from time to time the amounts specified in
this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation.
SECTION 6 THE SALE OF BLUNT WRAPS
No person or entity shall sell or distribute blunt wraps within North Andover,except that retail tobacco
stores are permitted to sell or distribute blunt wraps.
SECTION 7 FREE DISTRIBUTION AND COUPON REDEMPTION
No person shall distribute,or cause to be distributed, any free samples of tobacco products or nicotine
delivery products. No means, instruments or devices that allow for the redemption of tobacco products
for free or at a reduced price below the minimum retail price determined by the Massachusetts
Department of Revenue shall be accepted by any permittee.
SECTION 8 OUT-OF-PACKAGE SALES
No person may sell or cause to be sold or distribute or cause to be distributed, any cigarette package that
contains fewer than twenty(20)cigarettes, including single cigarettes.
SECTION 9 SELF SERVICE DISPLAYS
4.9.001 All self service displays of tobacco products and/or nicotine delivery products are
prohibited. All humidors including,but not limited to,walk-in humidors must be locked.
4.9.001(a) EXEMPTION: Self service displays that are located in facilities where the retailer
ensures that no person younger than eighteen(18)years of age is present, or permitted to enter,at any time.
SECTION 10 TOBACCO VENDING MACHINES
4.10.001 All tobacco and/or nicotine delivery product vending machines are prohibited.
4.10.001(a) EXEMPTION: Vending machines are permitted if equipped with a lock out device,
in an establishment with a valid pouring liquor license, and located in facilities where the retailer ensures
that no person younger than eighteen(18)years of age is present, or permitted to enter,at any time. A
lock-out device locks out sales from the vending machine unless a release mechanism is triggered by an
employee. The release mechanism must not allow continuous operation of the vending machine and must
be out of the reach of all consumers and in a location accessible only to employees.
SECTION 11 NON RESIDENTIAL ROLL-YOUR-OWN(RYO)MACHINES
All Non-Residential Roll-Your-Own(RYO)Machines are prohibited.
SECTION 12 RESTRICTIONS ON THE SALE OF TOBACCO AND NICOTINE
DELIVERY PRODUCTS AT HEALTH CARE INSTITUTIONS:
The North Andover Board of Health strongly encourages health care institutions that sell tobacco
and nicotine delivery products to store these products in a manner that is hidden from the view of
customers and the general public. The North Andover Board of Health reserves the right to enact
regulations eliminating the sale of tobacco and nicotine delivery products at health care institutions
if said institutions are unsuccessful in storing these products in the aforementioned manner.
SECTION 13 PROHIBITION OF THE SALE OF TOBACCO AND NICOTINE DELIVERY
PRODUCTS BY EDUCATIONAL INSTITUTIONS:
No educational institution located in North Andover shall sell or cause to be sold tobacco or nicotine
delivery products. This includes all educational institutions as well as any retail establishments that
operate on the property of an educational institution.
SECTION 14 VIOLATIONS/ENFORCEMENT/PENALITIES
14.001 It shall be the responsibility of the permit holder and/or his or her business agent to
ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco
and/or nicotine delivery products.The violator shall receive:
a) In the case of a first violation, a fine of one hundred(100)dollars;
b) In the case of a second violation within twenty-four(24)months of the date of the current
violation, a fine of two hundred(200)dollars and the Tobacco and Nicotine Delivery Product
Sales Permit may be suspended for seven(7) consecutive business days.
c) In the case of three violations within a twenty-four(24)month period, a fine of three hundred
(300)dollars and the Tobacco and Nicotine Delivery Product Sales Permit may be suspended for
thirty(30)consecutive business days.
d) In the case of more than three violations within a twenty-four(24)month period, a fine of
three hundred(300)dollars and the Tobacco and Nicotine Delivery Product Sales Permit may be
revoked.
14.002 Refusal to cooperate with inspections pursuant to this regulation shall result in the
suspension of the Tobacco and Nicotine Delivery Product Sales Permit for thirty(30) consecutive
business days.
14.003 In addition to the monetary fines set above, any permit holder who engages in the sale or
distribution of tobacco or nicotine delivery products directly to a consumer while his or her permit is
suspended shall be subject to the suspension of all Board of Health issued permits for thirty(30)
consecutive business days.
14.004 The North Andover Board of Health shall provide notice of the intent to suspend or
revoke a Tobacco and Nicotine Delivery Product Sales Permit,which notice shall contain the reasons
therefore and establish a time and date for a hearing which date shall be no earlier than seven(7)days
after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard
at such hearing and shall be notified of the Board of Health's decision, and the reasons therefore in
writing. After a hearing,the North Andover Board of Health shall suspend or revoke the Tobacco and
Nicotine Delivery Product Sales Permit if the Board finds that a violation of this regulation occurred. For
purposes of such suspensions or revocations,the Board shall make the determination notwithstanding any
separate criminal or non-criminal proceedings brought in court hereunder or under the Massachusetts
General Laws for the same offense. All tobacco products and nicotine delivery products shall be removed
from the retail establishment upon suspension or revocation of the Tobacco and Nicotine Delivery
Product Sales Permit. Failure to remove all tobacco and nicotine delivery products shall constitute a
separate violation of this regulation.
14.005 Non-Criminal Disposition: Whoever violates any provision of this regulation may
be penalized by the non-criminal method of disposition as provided in Massachusetts General
Laws, Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.
Each day any violation exists shall be deemed to be a separate offense.
14.006 Enforcement: Enforcement of this regulation shall be by the North Andover
Board of Health or its designated agent(s). Any resident who desires to register a complaint
pursuant to the regulation may do so by contacting the North Andover Board of Health or its
designated agent(s) and the Board shall investigate.
SECTION 15 OTHER APPLICABLE LAWS
15.001 This regulation shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable health, safety and fire codes,regulations or statutes.
SECTION 16 PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES
16.001 The Board of Health adopts the Massachusetts Smoke-Free Workplace Law
(Massachusetts General Law Chapter 270, Sections 21 and 22)by reference and any fixture revisions as a
local regulation.
16.002 Pursuant to Massachusetts General Laws Chapter 270, Section 22 0)smoking is also
hereby prohibited in the following locations:
a) retail tobacco store,except that smoking will be permitted in this establishment if
it is housed in a freestanding building that is not occupied by any other business,
residence or workplace.
b) smoking bar
c) outdoor spaces of restaurants, bars,taverns and any other outdoor space where food
and/or alcoholic beverages,and/or non-alcoholic beverages are sold to the public and
served to the public, or otherwise consumed or carried by the public.
16.003 The use of e-cigarettes is prohibited wherever smoking is prohibited per Massachusetts
General Laws Chapter 270, Section 22 and Section 4.17.002 of this regulation.
SECTION 17 THROUGH 21
Reserved for future regulations, amendments, etc.
SECTION 22 SEVERABILITY
22.001 If any provision of these regulations is declared invalid or unenforceable,the
other provisions shall not be affected thereby but shall continue in full force and effect.
Effective Date:
This regulation shall take effect on
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10/23/2013 08:35 FAX 978 409 6122 HEALTHY COIy1MUNITIES Q001
Healthy Communities Tobacco Control Program
A Boards of Health Partnership
Amesbury
Andover
Billerica Newbury
Dracut Newburyport
Georgetown North Andover
Groveland North Reading
Haverhill Rowley
Lynnfield Salisbury
Methuen Tewksbury
Topsfield
October 23,20 13
FIRST CLASS POSTAGE
North Andover Shell
980 Osgood Street
North Andover,MA 01845
Re:North Andover Board of Health,Ticket#0235(Tobacco Sales To Minors)
Attn:Manager/Owner:
On October 22,2013 your establishment was issued ticket#0235 for a violation of North Andover Board of Health regulation
Section 2(a)entitled"Article X Tobacco Control Regulations"for selling tobacco products to a minor. As outlined on the ticket, and
as explained to you upon issuance of the ticket,you have the following alternatives:
1. Elect to pay the fine(100.00)within 21 days of the date of issuance of the ticket;
2. Elect to contest the matter in a non-criminal proceeding by making a written request within 21 days to the Lawrence District
Court,Fenton Judicial Center,2 Appleton Street,Lawrence,MA Ol 840.
FAILURE TO PAY OR CONTEST THE FINE WITIIIN 21 DAYS OF VIOLATION
MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT.
In addition to the fine assessed against the establishment,the employee who made the sale is potentially subject to a fine of
$50.00(fifty)dollars under Section J.2.of the aforementioned regulations. If the employer wishes to produce a signed statement
dated prior to the datc of sale,indicating that the employee making the sale had read the enclosed regulations and state laws
regarding the sale of tobacco,then said statement and the employee's home address and date of birth should be forwarded to our office
and a ticket to the employee individually will be issued forthwith,
Under Massachusetts General Laws, Chapter 40, Section 21D(Non-Criminal Disposition Statute), "7f any person so notified to
appear before the clerk or a district court falls to pay the fine provided hereunder within the time specified...the clerk shall notify
the enforcing person who issued the original notice, who shall determine whether to apply for the issuance of a compliant for the
violation of the appropriate ordinance,by-law,rule or regulation."
All payments of fines shall be made to the Town Clerk,Town Hall, 120 Main Street,North Andover,MA 01845. If you have
already made payment,thank you.Please feel free to contact me if you have any questions regarding this notice.
me ely,
Ronald N.Beauregard
Program Director
cc: North Andover Health Dept,
20 Main Street, Andover, MA 01810
Tel: 978-490-8114
'2013 10:02 FAX 978 409 6122 HEALTHY COMMUNITIES 121001
i
I
-� Healthy Communities Tobacco Control Program
A Boards of Health Partnership
Amesbury
Andover
Billerica Newbury
Dracut Newburyport
Georgetown North Andover
Groveland North Reading
Haverhill Rowley
Lynnfield Salisbury
Methuen Tewksbury
Topsfield
September 30,2013
FIRST CLASS POSTAGE
Super Petroleum
79 Chickering Road
North Andover,MA 01845
Re:North Andover Board of Health,Ticket#0234(Tobacco Sales To Minors)
Attn:Manager/Owner:
On September 27,2013 your establishment was issued ticket#0234 for a violation of North Andover Board of Health regulation
Section 2(a)entitled"Article X Tobacco Control Regulations"for selling tobacco products to a minor. As outlined on the ticket,and
as explained to you upon issuance of the ticket,you have the following altematives-
1. Elect to pay the tine(100.00)within 21 days of the date of issuance of the ticket;
2. Elect to contest the matter in a non-criminal proceeding by making a written request within 21 days to the Lawrence District
Court,Fenton Judicial Center,2 Appleton Street,Lawrence,MA 01840.
FAILURE TO PAY OR CONTEST TILE FINE wITAIN 21 DAYS OF VIOLATION
MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT.
In addition to the fine assessed against the establishment,the employee who made the sale is potentially subject to a fine of
$50.00(fifty)dollars under Section J,2,of the aforementioned regulations. If the employer wishes to produce a signed statement
dated prior to the date of sale,indicating that the employee making the sale had read the enclosed regulations and state laws
regarding the sale of tobacco,then said statement and the employee's home address and date of birth should be forwarded to our of ice
and a ticket to the employee individually will be issued forthwith,
Under Massachusetts General Laws,Chapter 40,Section 2 1 D(Non-Criminal Disposition Statute), "If any person:so notified to
appear before the clerk or a district courtfalls to pay the fine provided hereunder within the time specyled...the clerk shall notify
the enforcing person who issued the original notice, wino shall determine whether to apply for the rrsuance of a compliant for floe
violation of the appropriate ordinance,by-laiv,rule or regulation."
All'payments of fines shall be trade to the Town Clerk,Town Hall, 120 Main Street,North Andover,MA 01845. If you have
already made payment,thank you.Please feel free to contact me if you have any questions regarding this notice.
1 ,
nald N, eauregard
Program Director
cc: North Andover Health Dept.
I
20 Main Street,Andover, MA 01810
Tel: 978-490-81114
North Andover Wealth Department
(ommunity Development Division
CERTIFIED FOOD SAFETY MANAGER COURSE (Two DAY)
Provided By: North Andover Health Department
Instructor: Bridget Sweet, RS, REHS/RS, CP-FS
Overview:
Massachusetts food establishments trust comply with the state food code, 105 CMR 590.000.
Regulations require each establishment to employ at least one full-time equivalent Person-In-
Charge (PIC)who is at least 18 years old that has passed an accredited food protection manager
exam. All other PICs must be knowledgeable of the food safety concepts specified in the
regulations which are taught in this class. The North Andover Health Department is offering
ServSafe® Certified Food Safety Manager training from The National Restaurant Association
Educational Foundation at a reduced cost to attendees. All training materials incorporate the
latest information from the most recent FDA Food Code changes.
The North Andover Health Department would like to show our appreciation to everyone for
their commitment to food safety. We encourage everyone to take advantage of this a
ffordable
and local opportunity!
Date Offered: Thursday,March 13, 2014 & March 20, 2014 (must attend froth nights)
Time: 6PM-- 10:00 PM
Course Registration Fee: $ 50.00 ;
(includes book, class instruction and exam)
f
Location: 1600 Osgood Street
South Entrance
Executive Dining Rooms A & B ��
North Andover,MA 01845 I, �
Susan Sawyer
Health Director
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
fI
1
1
Remit to: North Andover Health Department 1
1600 Osgood Street, Suite 2035
North Andover, MA 01845
978-688-9540
Attendee Name: Phone:
Company/Organization Name:
E-Mail:
Mailing Address: City: State: ZIP:
Payment enclosed in the amount of: S
Additional Attendees
--------------------------------------------------------------------------------------------
Mail-in Registration: Complete form above and mail with a check or money order payable to
"Town of North Andover. "Books can be picked up prior to class (please note that once the
books are picked up, the classroom fee is non-refundable). To achieve success in the course, it is
highly recommended to review the text prior to the classroom instruction. Space is limited so
please register early.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com