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HomeMy WebLinkAbout2014-05-22 Board of Health Minutes 1 r I i i North Andover Board of Health Meeting Minutes I Tliursday—may 22, 201.4 7:00 p.m. 120 Main Street,2,d Floor Selectmen's Meeting Room North Andover,MA 01845 Present: Thomas Trowbridge,Larry Fixler,Frank MacMillan,Edwin Pease,Joseph McCarthy,Deb Rillahan,Lisa Blackburn,Ron Beauregard I. CALL TO ORDER The meeting was called to order at 7:08 pm. If. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS Proposed regulations governing the sale of tobacco products and smoking Dr. Trowbridge stated that the purpose of the hearing is to take testimony,statements or questions from the public.Edits, changes or motions will be done at another meeting.Ron Beauregard from the Healthy Communities Tobacco Control Program explained the process of a public meeting. Diane Knight,Director fi•om the Northeast Tobacco Free Community Partnership,approached the podium. The program is funded by the Department of Public Health and serves the town of North Andover and other Merrimack Valley communities on initiatives to lower smoking prevalence,reduce exposure to second hand smoke and youth access to tobacco.Ms.Knight thanked the Board for their proposed revisions to the existing regulations to protect our youth from access to highly addictive tobacco products and nicotine delivery products that are on the market today. She stated that she supports the proposed regulations and commended the Board for their support. Chery Sbarra, Senior Staff Attorney for the Massachusetts Association of Health Boards,approached the podium. She discussed her specific comments and suggestions to the proposed regulations. Section 3,4.3.001 No person shall sell or otherwise distribute tobacco or nicotine delivery products to a minor. She commended the Board for taking out the exemption for parents and guardians to be able to give tobacco to minors.North Andover is the first board to consider and propose to take out this exemption. Section 5,4.5.001 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.Ms. Sbarra commended the board for proposing this regulation.The regulation will be effective to get rid of cheap cigars that would be affordable to youths. She stated that the use of cigars is higher than cigarette use among youths. She recommended that the existing language could become a bit of trouble as Boston's regulation wording did. She suggested adding a minimum price for the 4 pack.The goal is to raise the price,which reduces easy access.If there isn't a regulated minimum price,some companies price them under$2.50. She stated she could work with Ron Beauregard to amend the regulation and add the correct wording if the Board wanted her to.The actual price is covered by Section 4.5.003 The North Andover 2014 North Andover Board of Health Meeting Page 1 of 4 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 Board of Health may adjust fiom time to tune the amounts specified in this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation, Section 8 Out-of-package-sales.Ms. Sbarra suggested adding a sentence to this regulation regarding cigars. Not only should cigarettes be sold in their original factory packaging but this should pertain to cigars also. This section should have been in the proposed regulations but somehow was left out. She will add the exact language and highlight the change into the draft. Ms. Sbarra's last comment was regarding section 14 Violations/Enforcement/Penalties. She suggested changing the wording of"may"in this regulation to"shall". She explained that the wording should be consistent with section 14.004.The wording depends on the Board's preference for automatic or selected permit suspension.. She ended with thanking the Board for their work on the proposed regulations. At this point in the meeting,Dr.Trowbridge suggested that the hearing be held open a bit longer and the Board would move on to other business in the meantime. The public hearing resumed with Dr.Trowbridge asking if the Board had any questions regarding Ms. Sbarra's suggestions. Dr.MacMillan asked if flavored cigars in general should be banned.Ms. Sbarra responded that the banning of flavored cigarettes was recommended by the FDA. They felt that flavored cigarettes targeted youths and not adult smokers however,it didn't include the banning of flavored cigars. The FDA left the banning of flavored cigars for local cities and states to decide on in their regulations.A discussion ensued regarding other cities and towns that have banned flavored cigars.Most cities and towns would like to see how the courts rule in other cases before inserting the ban in their regulations. Also discussed were Hookah bars since they use flavored tobacco.The Board wouldn't want to take on someone who might have a legitimate use for flavored tobacco. Dr.Trowbridge asked Ms. Sbarra if she suggested malting the modifications in the regulations. She suggested that this could probably be done at a later date since it will get attention. She can provide the correct language when the change is made.Dr.MacMillan asked if anyone has successfully put this into their regulations.Ms. Sbarra stated that it was done successfully in Sherbouine and the regulation takes effect on July 15t of this year. Cities and towns have the legal authority to go further with their regulations. Mr.McCarthy mentioned that the FDA is looking into regulating the use of E-cigarettes. Ms. Sbarra gave an explanation on what the FDA is looping to do regarding e-cigarettes,however,nothing is in place as of now.This is locally regulated.Ms. Sbarra stated that she has heard of complaints from bar owners stating that patrons that are using these e-cigarettes in thew establishments are rarely buying alcohol but are somehow leaving the establishments appearing intoxicated. She stated that anything liquid can be added to these e-cigarettes. Dr.MacMillan and Dr. Trowbridge gave their opinion of flavored tobacco.Mr.Fixler stated that he would need more data.Mr. Fixler asked Ms. Sbarra if she could provide research and articles for banning flavored tobacco.Ms. Sbarra stated that she will email Mr.Beauregard the edits she mentioned previously in her testimony and also add the reasons for the flavored tobacco ban and the wording for the regulation. She will also provide research for the Board. Dr. Trowbridge again reviewed the language of"may"vs. "shall"in Section 14, 14.001 with Ms. Sbarra.A discussion ensued regarding violations and suspending of permits.Ms. Sbarra stated that it is the Board's decision on how they want to handle having violators come before them.Mr.Beauregard went on to give an explanation of violation notices and how they are handled. Dr.Trowridge asked Ms. Sbarra if she could provide language for her suggestions.He also asked if she could add language to address e-cigarettes in out-of-package sales. She suggested adding another phrase to include pricing of$5.00 minimum regarding the sale of cigars.Mr.Beauregard showed the Board samples of different types of individual cigars and packs he has picked up and prices that were charged for them. Dr. Trowbridge asked Ms. Sbarra to clarify Section 7 Free distribution and coupon redemption. Ms. Sbarra explained that it is allowing coupons but not for free distribution of tobacco products and cigarettes below minimum pricing.It bans the flee distribution and coupons that make the price go below the minimum price.There is no minimum price now for e-cigarettes or other tobacco products as of now.A discussion ensued regarding coupons,free distribution and minimum pricing.Mr.Beauregard stated that it is the free distribution that is being considered and not the use of coupons. 1 I North Andover Board of Health Meeting Minutes Thursda y—May 22,201.4 7:00 p.m. 120 Main Street,2nd Floor Selectmen's Meeting Room North Andover, MA 01845 Dr. Trowbridge asked Mr.Beauregard if he had examples of signage.Mr.Beauregard showed example signs and the new signs now being used to indicate the Quit Line. They are working on a combination sign for no e-cigarettes smoking and no smoking.Mr.Fixler stated that he felt that there are too many signs and many of them could be combined or made smaller.Mr. Trowbridge asked Ms. Sbarra if she could come up with sample language for a combined sign.A discussion ensued regarding signage. Dr. Trowbridge asked Mr.Beauregard and Ms. Sbarra if they could submit the changes and additions in redline for the next BOH meeting on June 26,2014.Mr.McCarthy complimented Mr.Beauregard,Ms. Sbarra and Dr. MacMillan for all the work that was done one the proposed regulations. The public hearing was closed at 8:40pm. IV. APPROVAL OF MINUTES A. Meeting minutes from April 17,2014 were presented for signature. Motion was made by Dr.MacMillan to approve the minutes,the motion was seconded by Mr.Fixler, all were in favor and the minutes were approved. V. OLD BUSINESS VI. NEW BUSINESS VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Discussion on flu vaccine by Deb Rillahan.Deb Rillahan,North Andover Public Health Nurse,asked the Board for their input on what type of flu vaccine to order for the upcoming season.A discussion ensued regarding the different types of vaccines that are available and what type should be ordered for the town of North Andover.It was decided that the town will purchase Quadrivalent for the upcoming season. B. Discussion on food poisoning by Mr.Fixler.Mr.Fixler gave a presentation on food poisoning,its symptoms,and ways you can protect yourself.Mr.Fixler also discussed nausea and diarrhea and suggestions to help you recover. C. Wrap up on proposed regulations. Dr.Trowbridge discussed the suggestions given by Ms. Sbarra. Questions from the Board will be taken and marked up revisions of her suggestions will be made on the proposed regulations.The final copy of the proposed regulations should be ready for the next BOH meeting on June 26,2014 and a vote can be made on them. VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT 2014 North Andover Board of Health Meeting Page 3 of 4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., NI.D.;Joseph McCarthy,Member; Ed Adn Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant MOTION made by Dr.MacMillan to adjourn the meeting. Mr.Fixler seconded the motion and all were in favor. The meeting was adjourned at 9:08 pm. t 1 Prepared by: Lisa Blackburn, Health Dept.Assistant Reviewed bv: All Board of Health Merrrbers&Susan Sawyer, Health Director Signed bi Larry F'-er,, ler of th o rd Date Signed