HomeMy WebLinkAbout2014-07-24 Board of Health Minutes I
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Forth Andover Board of Health
Meeting Minutes
Thursday—July 24,201
7:00 pan,
120 Main Street,2°d Floor Selectmen's Meeting Room
North Andover, MA 01845
Present: Thomas Trowbridge,Larry Fixler,Frank MacMillan,Joseph McCarthy,Susan Sawyer
I. CALL TO ORDER
The meeting was called to order at 7:00pm.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS—There were no public hearings scheduled
IV. APPROVAL OF MINUTES
A. Meeting minutes from May 22,2014 were presented for signature.
Motion was made by Larry Fixler to approve the minutes,the motion was seconded by Joe McCarthy,all
were in favor and the minutes were approved.
V. OLD BUSINESS
Continuation of tobacco regulation discussion;Post Public Hearing.Tom Trowbridge introduced the topic.
This issue has been under review for a number of months.Each member has had opportunity to review the
draft of the tobacco regulation with the additions of Cheryl Sbarra, Counsel to the Association of Health
Boards of Massachusetts.This draft included items that were discussed at the public hearing.The Chair
decided to discuss the items that Ms. Sbarra suggested.
In addition,some previously discussed items were clarified and would confirm whether there is consensus
amongst the board members.
Decided that the"where as"'are not required to be part of the regulation and since this is substantiation and
not a complete list of available information on the topic that it be left as part of the record as substantiation,
but the regulation would not list them.
The board members had comments regarding the removal of these details.Dr.MacMillan noted that if
there is a law that gives the board the authority to create regulations,it is unnecessary to restate the law.Joe
McCarthy states in agreement with Dr.Trowbridge with his reason that this section has an appearance of
bias.If it is kept short and relevant,it would make it easier for those who will be reading it.Larry Fixler
states that we don't need to explain what the board is doing and why.All agree it was helpful.There should
be a brief statement.
Dr.Trowbridge made the following suggestion: "Now it is the intention of the NABOH to regulate the sale
of tobacco products and nicotine delivery products primarily to reduce youth and underage access to these
products".All definitions would be left in.Ron Beauregard noted that the regulation as drafted will also
curb adults'use of these products. Serious discussion ensued,but no change was made to the statement.
2014 North Andover Board of Health Meeting Page 1 of 2
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
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FM moved to add the words"advance public health"in the statement.
Dr. Trowbridge led the'Board through a discussion of clauses that Cheryl Sbarra of the MAHB suggested
that the board should consider changing in the draft.
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1) 4.3.002 regarding Signs-The initial draft had a requirement for multiple signs. The new language f
specifies a single sign,with details.Ron Beauregard will determine final sign language.All members
were in favor.
2) 4.3.003 inconsistencies regarding"Age of purchase"addressed.Discussion ensued.Frank MacMillan
suggested that the tobacco seller could be reminded that they are responsible.Ron Beauregard stated in
response to Susan Sawyer's question,that he cannot enforce the state laws,so eliminating this would
not be appropriate.The Board members agreed to follow the guidelines set by the state and add that the
purchaser with the phrase"appears to be the age of 27"is sufficient.All members were in favor.
3) Section 5 Cigar sales in packages less than 4 cigars is prohibited unless as described in the regulation;
less than$2.50.Cheryl Sbarra had made a suggestion which was read by the Chairman.The idea was
to reduce the cheap cigar sales as singlets. Once clarified;all members were in favor.
4)
Section 6.Discussion ensued.Joe McCarthy noted that there is already a flavored ban on tobacco
products.Frank and Ron gave clarification that currently there is no Federal ban on flavored tobacco
and nicotine delivery products. The Federal government does ban flavored cigarettes except for mints
and wintergreens.There are numerous products with grape; strawberry,bubble gum flavor,which
some of the members feel is obviously targeting the youth. This is an opportunity.The definition of a
"retail tobacco store"was discussed. They are focused on tobacco and paraphilia.They do not prohibit
the sale of the high end cigar sales.Lary Fixler addressed the need to go this far.There may be a
segment of adults that want access to these products.The regulation does address the youth access why
should the board add this.Ron described the flavored tobacco trend;hookah bars for example.He also
notes this does allow for retail tobacco stores to sell these products to those over 18.Ron pointed out
that if the board were to entertain this section,the board may wish to have an additional public hearing
because it was not part of the original draft.
Joe noted that there are no tobacco stores or bars in N.Andover.Frank noted that if applied for,there
could be a retail tobacco store in N.Andover under this regulation so it is not a prohibition.Ron
pointed out that this regulation does prohibit smoking bars.
Frank MacMillan stressed that this would be an opportunity lost if this is taken out of the regulation
and that none of his mature patients who smoke use these flavored products.
VI. ADJOURNMENT
MOTION made by Dr.MacMillan to adjourn the meeting.Mr.Fixler seconded the motion and all were in
favor.The meeting was adjourned at 9:15 pm.
Prepared bv:
Susan Smiyer, Health Director
Reviewed by:
All Board of Health Meirtbers cis Susan Sanyer, Health Director
Signed bv:
Lamy Fix"'off Date Signed