HomeMy WebLinkAbout2019-05-23 Board of Health Minutes T"41 Owth Andover Board ol'Health
meeting Minutes
Tlulrsday—Ma''y 2.3 2019
7000 Pa Ms
120 Main S�ti ee t, 2'ndF'Ioor Selectmeii's Meeting Room
North Andover, MA 01845,
..........
Present: Frank MacMillan Jr.,Jose.ph McCarthy,Michelle Davis,Patrick Scanlon,,Brian LaGrasse,Toni K.
Wolfenden, wid Stephen Casey Jr.
I. CALL TO,ORDER
The meeting was cal,led to order atT02 pry..
11, PLEDGE OF ALLEGIANCE
Ill. PUBLIC HEARINGS
A. MOTION made by Frank MacMillan to table the Babba's Pizza variance requesttill the end of the
meeting. Motion seconded,by Patrick Scanlon. All were in favorand the motion was approved. (4-0-01)
B. Babba's P�izza is requesting a variance for labeling homemade cookies,,brownies and prepackaged.
baklava. The federal food code requires,any type of retail prepackaged food to,have certain labeling.
(See Appendix C. if the variance is granted,Babba's would,be displaying the pre-wrapped baked
goods in a display case. The label would be attached to the point of sale box and not the product.
Brian La Gran se asks in order for the variance to be approved, written procedures,would have to be
developed for the process In maintaining the standards,of food quality and safety for,these particular
items. The display box would need to be in close proximity of the pomt of sale or the register and the
variance should be limited to the three items,requested: coolie s,brownies and baklava., The products,
can be only displayed one batch at a tim,e and the date mark for each batch. Frank explains that Van
Otis is required,to display all ingredients on,,each candy box, as does Butcher Boyfior all pre-packaged
foods. Patrick Scanlon requests to table the variance so,Babba's,can,be present for questioning. Frank
lexpilains that a variance is for hardship or inability to comply with,the regulatlon.as It's written. Frank
has request a continue to the next nieefing,if Babba's wishes to procedure,with,the variance.
IV. APPROVAL OFMINUTES
Meeting minutes To April 25,201.19 wire presented for signature.,
Motion.was made by Joseph McCarthy to approve the minu mo tes, the tion was seconded by Michelle
Davis, all were in favor and, the minutes were approved. (4,-0-0)
V. OLD BUSINESS
j'j'j 11 ''Ill 11 I jj1j1wjj,j'''j I I 111
2019 North Andover Board of Health Meeting Page 1 of 3
Board of Health Members.Dr.Francis P.M acMillan,Jr.,M D,Chairinan/Tow n Physician;Joseph McCarthy,Member/Clerk;
Michel 1,e Davis,R,N',Member;Dapre Alv�a-LaFleur,Member;Patrick Scanlon,DO,Member Health ft_jrtment Staff,
Brian LaGrasse,Health Director; to hen Caseyjr. Pu,,Health In Caroline Ibbitson, blic Health Nurse;Toni,K.
P
Wolfenden,Health Department Assistant
V1. NEW BUSINESS
David Berthi'authe route manager of Waste Management,t.ondondeiTy,NH,has come bet" re the
Board to discuss the ongoing dumpster complaints occurring at hickering Road. The Health
Department has a long li,istory of trash complaints for this location, Recently,trucks came to pick up
trash and recycling on April 1,20 19 at 6:40am,April.8,2019 at 4:45at-n and,April 22,,2019 at 4-5 5am.
"Fown of North Andover Regulations for the Removal,Transportation and Storage of Garbage,
Rubbish.and Offal or other Offensive Substances Section,3.0 Contractor's Responsibilities 3.2 states
that the emptying ofthe contents of the dumps ter(s)by the contractor shall.not commence before
7-00am and not continue after 9':OOpm. (See Appendix A). 'Waste Management was fined$100.00. Mj-1
Berthiaume explains that the first offense was with a ti,-a,sh truck, Measures were taken to address the
trash truck situation, The second and third offenses were ftom a recycle truck. The recycle route has
been reconfigured to allow for a later Pick up time. Brian LaGras,se appreciates the effift that Waste
Management has taken to,ensure the problem has been resolved,however if it does re-occur, legal
action will be taken.
V11. COMM UNICATIONS,ANNOUNCEMENTS,,AND DISCUSSION
A. Jeff Thompso-111,TBI,has come before the Board to inquire of any que�stions the Board may,have about
the DEP submiftal for the minor modification.approvals to their operating permit. On April 25,2019',
Mr.'Thompson submitted a packet of information,to be reviewed by the,Board of Health. Brian.
LaGrasse discussed the structures with the Building,Depar t ment and they have been determined to be
temporary. The 610-day temporary structure jurisdiction and review is under the Building Department,
If the structure can be taken.down qu ickly and easily,,the 60 days,will be extended out for as long as
needed. Brian LaGrasse has recom.m.ended TBI to submit an application, letter and packet of
in.f6ii-nation to request a minor modification,to site assignment if they will be,storing residual waste
o He. Jeff explains that the new area will be usedfar loader parking to beep people,and recycling
utsl p
out,of the elements. With the Board of Health not having juj,is died on,,Frank has asked,Brian to review
the final proposal.and if the site assignment process needs to be addressed.,the board,will reconvene at
that time.
B. Tobacco Regulations Update. Brian LaGrasse has a meeting scheduled with Ronald,Be regard,
Tobacco Control Program, on Wednesday,May 30,2019 to discuss,proper language and legalities of
farther regulating tobacco,sales,and usage. Last month,the Board of Health discussed interest in a
permit cap,a vape retail cap,flavor control, adult only retail stores and possession violations, The
MAHB Sch()ol Tobacco Policies: Applicable Laws and Sample Policy has been received by the Board.
(See Appendix B). Brian LaGrasse will begin drafting the,amendments with the help of Ronald
Beauregat�d and Patrick Scanlon.
c. The Health Department has installed five new sunscreen dispensers at Drumi-nond Playground,, Stevens
Pond, Reynolds P'layground,McEvoy Park and Carl'Thornas Fields. The dispensers have been paid for
by the 1 lealth Department's revolving ulid. Frank discusses a newsletter he received about sunscreen,,
ingredients, and the biological accumulation of sunscreen in the blood system. The,�editorial comi-nent
was that further study was needed to determine,how the aromatic hydrocarbons affect the human.b dy.
The'[health Department maintain the dispensers with assistance ft-om the staff at the'Youth Center and
Stevens P'ond,
V111. CORRE SPONDENCE/NEWSLETTERS
111V
ADJOURNMENT
,MOTION'made by Joseph McCarthy to adjourn the meeting., Michelle Davis seconded,the motion and all
w i rned at : . -0-0
745 pm (4 )
ere in favor. The tneeting adjou
North Andover Board of Health
meeting Minutes
Th ursday—May 231, 20 19
120 Main Street,2,,dFloor Selectmen's Meeting Room
Narth Andover, MA. 0,1845
Toni K. Wof en, Health Dept.Assistant
Rew"evve(Ub�.-
A.11 Board of Health,Members& Brian, Grasse, Health Director
5YgE,e d by
11/OVII
—lot"
I 71erkY theBoard e A 11c Ca I r7hy,_C Diale Signed
Documents Used At Meeting.-
Meeting Agenda—May 23,20,19
BOH Meeting Notes
Food Labeling Code 3-6102.1.1
Baba's Pizza—Variance Reque jetter
Town of North Andover Dumpster Regulatio'ns
MAM3—School Tobacco Policies: Applicable Laws and Sample Policy
2019 North Andover Board of'Healtli,Meeting Page 3 of 3
Board of Health Members:Dr.Francis P.MacMillan,Jr.,MD,Chairman/Town Physician;Joseph McCarthy,Member/Clerk;
Michelle Davis,RN,Member-Daphnee Alva-LaFleur,Member;Patrick Sicanlon,DO,Member Heal,th'Department Staff.,
Caroline Ibbitson,Public Health Nurse;Toni'K.Brian LaGrasse,Health,Director;Stephen Casey jr,Health Inspector,
Wolfenden,Health Department Assistant
i
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TOWN OF NORTH
VER DUMPS,TER REGULATIONS
FOR THE,RE MOVALI TRANSPORTATION AND, STORAGE OF GARIBAGE,
The Board of Health,, Town of Norte r,, Massachusetts in accordance,with, and under
the authority ra t d y Sections 31 A and 3 1 B of Chapter the General aws of the
Comumonwealth.off"Massachusetts hereby adopted the following ides and regulations, .t the
meeting of February 10, 1994.
This regulation shall take effect January 1, 1995.
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SECTION 1.0 DEFINITIONS
Dumpster: Any,container ter than,a conventi.onal trash can,with lid intended for
'the teniporary outdoor storage of rubbish garbage Mr use of any
sit.
�Tempgrary For Purposes of this regulation, "temporary" seal meaty for period of
no more than 90 days.
Persolm. Any individual, business firm, contractor,, corporation, a�pplicant,
property owner or agent.
SECTION 2. STALL ME F T
2.1 No person or property,owner, authorized,agent or or�p f to entity shah maintain or
operate a trash or refuse dumpster, with volume capacity greater than three (3)
yards, without t first obtaining a p,cc;xrfrom the Board of Health, .t lust three 3) days
prior to installation.
.2 The permit fee shall be in accordance with rre Board of Health fee schedule,
in effect March . through February 2 8t . The ap
,propr 1afte fiee shall be accompan'ed
by a completed application on a form supplied y the Rosa. of Health.
2.3 Dun ster permits may be suspended or revoked by the Board of Healthfor -failure of
the du,mps,ter contractor or propertyowner/owner's .t to comply with the
requirements of these regulations.
2.4 No ontr . t r firm or person, shall supply a dunipster service in the"down of North
Andover,, for the,purpose storage, removal or transportation of garbage, rubbish,
other offensive substances without first obtaining a dumpster service license from the
Boardf Health. All licenses, shall expire t the end of the calendar year in which
they are issued, but may be renewed annually-u n application as herein provided.,
Therell be a renewal fee according to the current fee schedule for said dumpst r
service license. The fee is per truck.
This requirement does not pertain to compam, es and vehicles covered by the North:
Andover Regulations Concerning the Hauling and Disposal f Solid Waste.
Dempster Regulations-Last Revised- t ,201 17own+f North Andover
Page I of 4
2.5 These regulations ap, 1 01
, ply,to dumpsters, in the Town of North,Andover. An,, inspection
and san'llary survey of the dumpster and surrounding area may be conducted by an
agent of the Board,to verify compliance with Board, of Health standards,. Tenaporary
Construction Dunipsters are excluded from these regulations but must comply with
the Building and Fire DeRartment codes. A ten-tporary dun�pster is 'intended for non-
perinanent use and remains at one site 1""or no more than 90 days.
SECTION 3.0 CONTRACTOR'S RE,SPONSIBILITIES:
3.1. The contractor shall have the dmuster(s) deodorized, washed rannitized as
necessary at the time of empty.ing, or as directed by order of the.B,oard of Health.
,3.2 'The emptying of the contents `the dumpster(s) by the contractor shall not
cominence,before 7:00 A.M. and not continue after 9:00 P.M. The Board of Health
may modify these hours, if in its,reasonable judgment,, it 'is convinced'that the public
heath, and safety it public welfare would be better served and a nuisance would not
be created., The Board oftlealth shall, be guided in this regard bythe locatwn,
Proximity to rcsidential property, frequency of emptying, resulting noise and other
factors deemed approprialte.
3.3 The contractor shall have his/her nan-ie andbusiness telephone nunriber conspicuously
displayed on each duinipster.
3.4 No truck that ha-als, dumpster contents, shall be used to,transporthazardous orbiol-
materials, or waste.
15 'The Board.of health may attach any conditions to the license of a remova,l contractor
that it deems would, reeve the 'interest of the health, saf6ty, welfare or,quality of In.'e of
the citizens of the Town.
3.6 All dumpsters shall be rodent proof. For those dumpstersthcat have a hole located 'in
the lower center of the rear wall. of the container a permanent seal, secured with sheet
metal or wi,re mesh strong enough to prevent rodents from entering the dumpstee is
required. All holes 'in any dumpster shall be less than 1/4"in di,-ameter.
3.7 to Fa'l,u,re com 1,
I ply w'th these regulations may result in a fine of fifty dollars ($50)
each day the,violation continues, as well as suspension or revocation of I permits as
deelmed necessary by the Board' of Health,
Dump ster Regulattions-Last Revised: October 27,201.5 Town of'North Andover
Page 2 of 4
SECTION 4.0 AUTHOlUZED AGENTIP ROPE RTY OWNE RS'
RESPONSIBILITY
4.1 Each.dumpster shall belocated at an approved distance from t e lot line so as not to
interfere with the sa-fety, corivenience or health of an abutter. The location of the
dumpster shall 'be approved by the Board of Health.
4.�2 Each d-Lunpster shall be located a minimum of twenty (20) feet from any 'Industrial,
conunercial, or residential building.
4.3 All permanent dumpsters shall be located on material impervious to water (asphalt,
concrete etc.)unless otherwise approved by the Board of Health.
rs"I
4.4 Each du shall be locat,ed a minanum, of twenty (20) feet from, any weflai',id,
resource area. The location,in,proximity tea wetlands must also be approved by the
North,Andover Conservation Commission or agent,,thereof
4.5 The Board of Health herebyrequifes all dumpster sites other than ten-iporaxy sites to
be enclosed or screened with permanent, solid fencing and locking gates. These
gates are-to be closed at all times except when the process of placing refuse 'in the
dumpster is proceeding.
4.6 It shall be the responsibility of the owner or agent whose property is being serviced to,
maintain the dump ter area free from odors, scattered debris, overflow and, all, other
rruisances including, but not,11"Lmited to rodents.
4.7 It, shall also,be,the responsibility of the owner or agent whose property is being
serviced by the dumpster(s)to maintain the lid(s) in,a closed condition at all times
except when actually in the process of placing in or removing refuse from the
durn, pster(s).
4.8 Dumpster's are to be used, only by those individuals who are authorized by the owner
or agent whose property is being serviced. All unauthorized use shall, be considered
trespass, of private property. The owner or agent may post a sign stating:
"Unauthorized use is praw hibitedby order of the Board of Health."
4.9 umpster shall be used to dispose of hazardous or bl'o-materials or waste.
4.10 Dumpsters,are not to be filled after 9:00 P.M. or before 7':00 A.M. for residential
property or after the close of the business day for commercial propefty,,, at which time
the lids are to 'be locked.
Dumps ter.Regulations-Last Revised: October 27,2015 Town of North Andover
Page 3 of 4
SECTION 5.0 ENFORCEMENT
10
5.1, Random inspections and sanitary surveys of in-place dumpstersand surroundil-ig
areas may be conducted,by an agent of the Board to verify compliance wit h Board of
Health standards.
acance w
5-2 All violations of State andLocal Regulations shall be�corrected in cord ith
said regulations.
5.3 If corrective action,as ordered by the Board of Health.or its agent is not taken by the
property ovaier or an authorized agent within the time limit set forth by such order',
the Board shall take such legal action,as necessaryto correct the violation.
5.4 The Board of Health at its discretion may levy,fines upon the authorized
agent/property owner in accordance with,M.G.L. Section O Chapter 21D., Fine's Will
be fifty dollars ($50) per,violation. Each day that the violation remains uncorrected
constitutes a separate violation.
SECTION 6.0 SEVERAIRILITY
6.1 If any provision of this reguleation, is,held to be unconstitutional or,in violation of
State Laws it shall not af-eet ra_n,y other provision or the administration,thereof.
SECTION 7.0, DATE OF EFFECT
These regulations were revised and adopted, by the North,Andover Board of Health on
June 23, 20,05 will take, effect on July 15, . These regulations shall supercede and
6
rep lace all,North AndoverBoard, of Health Dumpster Regulations prior to June 23,
2005,
Rev. 1/94
Rev. 4/03
Rev. 5/22/03
Rev. '7/28/0,5 —Section,2.5; Prior Section 5.0 deleted re: ter ovary du tear
Rev. 10/27/15 —Section 2.2- Section 2.4 addition
Thomas ridge, aoas, ainnan
Octo6erl 7, 20,L"
;7
7'
oV
Lai -ein6er October 27, 2015
rands T. a,C �i
Octob, r 2 0 It-5
'I icCa e in, Octo6er 2'7, 2015
7
E ase, Wentfier October 2 7, 2015
Dumpstei,-,'Regulations-,,LastRevised: October27,,2015 Town of North Andover
Page 4 of 4
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AssistingII rgk • . "
training,tiechnical assistance and legal education
SCHOOL TOBACCOPOLICIES*
Applicable Laws and Sample Policy
Acknowledgements
This document was drafted by Cheryl S ar a, J. D., Director of Policy and Law for
the Massachusetts Association of Health Boards with assistance from Chris
a . n J.D. Sen s Staff A rnu Pu sic Health.�. a y Institute,
e .s n University School of Law. D.J. Wilson., J. ., Public H .l h Liaison,
Massachusetts a c' ,Assio i , and Sarah McColgan,Tobacco ac Control
Program Direct or, Massachusetts Health Officers Association.
2.15.2018
INTRODUCTION
it i s in controvertible that th e use of tobacco products in schools and on scho ol
grounds, 'is a hazard for the health, safety and,welfare of students, employees and,
visitors. Iti's, also destructiveto school facilities and school grounds.
Tobacco is the leading cause of preventable death 'in the United States. Most daily
smokers began,smoking before age t8. In fact, ,2500 youth in Massachusetts
become daily smoker's each year.,In addition, the current use of electroniC
cigarettes,vape pens and "J'UULs" (e-cigarettes)2by youth has been called a
"tsunami"by Stanford Medicine.3,In Massachusetts in 20,15, high school students
I -ci gar ette t t a
s han adults wih nerly 5o% of high
reported a much higher use of e
school youth reporting ever using e-icigarettes compared Mfith 14% of adults. More
youth have tried an e-cigarette than have tried smoking a cigarette. (44.8% Of
youth-tried e-cigarettes compared with 27.,8% of'youth who tried smoldng a
cigarette).Additionally, more youth than adults,use both e-cigarettes and
cigarettes. (5.2% Of youth compar with-1.81% of adults). This practice is
commonly referred to as "dual-use".
High school youth use e-cigarettes at a higher rate than all other tobacco
J,
prod :acts, including cigarettes, cil,gars and smokeless tobacco. In fact, youth use of
all other tobacco products decreased in20109, while use,of e-cigarettes
increased.4
To address this alarming trend, schools can amend their current policies
probibiting tobacco use in schools, on school grounds and at school- sponsored
activities,to i nclude le-ei gar ette use by updating the definition oftobacco products
to include,e-cigarettes as described herein.A sample school.policy's also
included herein.
Campaign for Tobacco Free Kids:https:/ w.tob,accofre,e'ldds.,or,g/pr,oble,m/toll-
us/massachusetts
2 J UULs are currently the most Popular e-cliga pry ettes,used by youth. E-cigarettes are constantly
being"recreated"bly the industry.
3h�ttp://'med,.sta,nford,.edu/tob,accop,rieventio�ntooll'dt/paren�t,s-a,nd-school-policy,.html
4http://www.mass.gov/eohbs/searchresultsi.'html',?olutp,ut=xlnl—no—dtd&c'lient=mg_eohbsi&
proxystylesheet=�massgov&getfi,elds=*&'le=UTF8&ole=13"FF8&tlen=2,i,5&�,sitefold.er=e,obhs&filter=
o&reqtilredfie,lds=&,staitsite=EOHHSxl&q=electronic+cigare'ttes&s,'ite=EOHHSx&x=o,&y=o
2
a
LNWS,AND POLICIES RE1ATED O SCHOOL
TOBACCO POLICIES
Many Massachusetts and federal law and,policies regarding tobacco use,apply to
schools. Some of these laws are 1 1 board of health reg l .tions,tow bylaws
and city ordinances,.
A. Federal.haws
`The Pry Cider.Act Of 1994 states "N person shall Permit moking
within n nd or f owned or leolsed'ormac d f and
utilized by such personfor provisionf routine or regular
kindergarten, elementary, r secondary education r Drary sermces
to children. Thus no,buildig used as a school may p ernift s
J,
witbin its indoor facilities.,
The primary enforcers of this law are the U.S. Department of Health
and Human S rvi e R S the Department of Education, and the
Depart tAgriculture. "the law provides for Civil monetary
penalties for Violations of t law "I ���� money���� � ��
exceed $,i000for each, day of violations or exceed the amount of
a � c F de ,, finds e �� n e es,, f' year."
P�
This law does not apply t cigar ttes because e-cigarettes are not,
CC smoli-A."
State haws
. The Smo,ke,Fisee Woiskplaee Law
The Smoke:Free,Workplace lac Law6prohib its smoking In all enclosed
workplaces, n 1ud n public and private awls. The law specifically
refers to schools stating that "smoking shall be prohibited in
r . es, work spaces, common work areas, classrooms,
confei-ence and meeting ro :s, offices, elevators, hall ways, medical
facilities,: cafeterias, amployee lounges, staircases, restrooms,
restaurants . . . or in a school n any public t-r por
conveyance.
Since schools are workplaces,this means that smokingis prohibitectin
all school buildings including classrooms and restsooms at all times,
i.neludti 'Mng but not limited y other activities.
The law applies to all persons: students, teachers, personnel and
visitors. Fuithermore,the law also prohibits smoking i Public
51 U.S.C.6o83,.
91
6https-.//ma1e isi,ature.gov/Laws/Genera]Laws/Pa,itIV/TitleI/Cha�pter270/Section22
transportation conveyances" incIuding all school buses and
transportation vehicles,.
This law defines smoking as "the lighting ofa cigar, cigarette, pipe or
oth,er tobacco product, or possessing a,lighted cigar, cigarette,pipe or
other tob�acco of non-tohacco product deli e
combusted and iinhaled.,"' (G.L. C. 270, §22 . This, means that this
law prohibits,the smoking of marijuana as,we'll., However,, it,does not
apply -cigare es because e-cigarettes are not "'designed,to be
combusted."'
The Smoke Free Workplace Law provj*des for fines -for vi"o1altin g the law:
'An individual or person -who violates this section by sino.king in a
7 0 4
place where smoking ispronlDltea shall be sub, ect to a civ I*1 penaltz.y fo each violation."
Local boards ofheaits and tfieir agents enforce this law and can write
civil tickets to violators. Some boards have designated school
administrators as agents of the and he for purposes, of
enforcing the law in schools. Schools should check with the local board
of healt'h to find out who enforces the Smoke Free Workplace Law in,
the municipality and whether the board has, designated someone from
the school to enf,or the law.
The person in control of the school or "workplace"where smoking"IS
taldn i ub 4•
to g place 's,s j ect a "civil* penalty of$1oo for the first offeiase;
$200for a second offense; and $300 for a third offense. Individual
smokers may also be assess,ed a Civil fine of$1oo -for each offense. Like
parking,tickets, these are not criminal offenses; however', school
administrators should,be mare that failure to pay a civil ticket has,the
Potential to result,in a criminal case.
2. The Education Refo-rm,Act
The Education Reform Act?states ""it shall be unlawfulfor any student,
enrolled in either prima y or secondary public schools, in the
comnionwealth, to use tobacco products of any ty, pe on school
grounds during norinal school houm.,"
This law requires that prohibited tobacco behaviors be outlined in
scho�ol handbooks. "The superintendent of every school dist,71'Ct shall
publish the district's policies per tainin,g to the conduct of teachers and
students. Saidpolicies shallprohibit the use of any tobacco cco products
w*thin the school buRding, the schoolfiacilities or on the school
I I 1 1
G.L.c.71,§§ 37H.
4
� � � n Individual, including school
g
This law does not stipulate ray required penalties, so school policy
makers are fTee to enforce indivil dual school,district penalties they
are consistent With the above-described,Smoke Free Workplacew,
the schools rsc lrn -y guidelines, and are outlined 'in advance in the
school handbook.This law does not appiy to private schools.
The Education, Reform Act does not define"tobacco product,-"
it prohibits the use of tobacco "of any ."Therefore,,if the definition
in a school's tobacco policy utilizes,the comprehensive defr r r f
tobaccoincluded herein,this law may include cigar*saes.
Motor Vehicles,and Aircraft Laws
Massachusetts's Motor Vehicles and.Aircraft Law8provides that "N
er ss n shall elate any school bus, and the owner or stud n of
school bus.shall notpermit the,same to be operated upon or to remain
n on �� ways unless h f wing requirements, complied with:
Y
(1o)No person shall smoke or consume alcoholic beverages on
school bus while such, bus is beingused to &ansportcho pupil )
Smoking is thus prohibited on buses or other vehicles when they are
J;
used totranspoft public or private school pupils.
Lilr,e the Education Reform Act,this law does not stipulate any required
amities. However, since school ruses are revered under the Smoke
Free WorRplace Law, penalties regarding smoking, n fuses,must he
consistentwith those requirements. Penalties should be nsiste
with disciplinary guidelines and outlined "in advancen school.
handbooks.
This,law does not,address e-cigarettes,lease e-eigarettes are not
(4 .
Massachusetts Interscholastic Athletic Association policies
If a school is, a.member of the Massachusia,tts Interscholastic Athletic
Association M om. there are MIAA-required andatory eligibility
requirements pertaining tobacco ��
by hoth athletes and coaches.
The MIAA rules are minimum standards; andschools may develop
more stringent �s sta standards and,ei giriiity r i
rements,,
Massachusetts General Laws,Chapter go,section 7B.
5
RULE 62'.' Student (and Coacti,) Efigibfliity: Chemical
llealth/Alcohol/Drugs/Tobacco
62.1 "Froin the earliestfallpractice date, to the conclusion of the
academic year orfinal athletic event. . ., a student shall not,
regardless of the quanti4j, Use, consunie,posses, buylsell, or give
away any beverage containing alcohol; and tobacco products
(ineltiding e-ciga7settes, VAP[F-.]pens and all si'milait
devices); inanjuana, (including synthetic) or,any controlled
substance."
Viol at results inthe student's inell"gibil ity for the next consecutive
0
interscholastic contest tot all"TIg 25%-for all interscholastic contests in that
sport. (See, andbook July'l, 2 June 2019).
62,.2 Coaches — "During practice or competition, a coach shall not use
any tobaccoproduct.
The MI A- A also has minimum penalties for,Violations of the policy,for both
Erst offenses, and subsequent offenses, The complete text of their policies
0 Is at http://www,.m'l'aa.net/miaa/home'.?s'ld=38.
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regpjuons, ordinances and b laws Local Laws: a
Most local boards of hec-dth, have regulations that address tobacco product
use; and most these regulations define"tobacco product"to, 'Include e-
cigarettes. Schools must comply with, these local regulations,- however, as,
described above, enforcement of these local regulations in schools can.be
challenging unless school staff is, designated as enforcing agents. Some
local-tobacco product laws are the form ofordinances (cities) and
bylaws (towns) however, most are m the, or of and of health
regulations.
The enfarcing authority for these,local laws is the board of health or its,
design,a,ted agent.,
COMPONENTS OF A SCHOOL TOBACCO POLICY
A school tobacco policy can be included in a school's handbook to inform
"stude,nts, staff, teachers I a vis1tors,parents and guardians and all others about the
school's policy relative to tobacco products.A school tobacco policy should
contain the following elements,:
a. Rationale
b. Policy text
c. tin alties
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A. Rationale
is section shouldinclude an explanation of why the school environment
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shoe e tobacco-free, l . cies gig with an explanation.of the
need for,thepolicy. It can be very brief, or quite extensive.An example might
read as,follows-.,
leading"Tobacco iise is the
use ofpreventable death in the United States.
Most d s began smmoking before the age '1 * The use of tobacco
products n school grounds, n school buildings �nd f �. ti s
on scho p �t p �ty � sc � elate e v e s oi s h
Pons o d events, including but not limited athletic events is
� m h health d safety sty nts� s ff an ,is �s,o .
B. Policy Text
The policy text outlines the school's rules and ula ns regarding-tobacco
use. The policy should spell out specifically wb is prohibited,when, where,
and by whom. Thefollowing components,shouldbeincluded'.
. To whom does e policy apply?
a. It should apply to all students, school s .ff parents s nd visitors
at all times 24/ . It should apply to all outside persons or
r C l � s a � outside grounds, even
when school is not in session.
a. .t s1 ,ul in 1u, . c products.The definition of
"tobacco r d cts"should be,comprehensive. The ll g
definition is comprehensive:
1, Any pisoduct c nta-in ngi made, r der v d ' in
tobacco or nicotine that is intendedfiorhuman
consumption, whether snioked, chewed,
absorbed, dissolved,"zn,haled,, s'norted, nifted, o-t
ng ' e� by any other means, including, a not
chewing tobacco,pipe tobacco, snuff; � "'
elect-"'' n c Cigarettes, electronic c1gaires,
electronic pipes, electronic Fens, eectrC
hookah, liquid nicotine, e-liquids"or other
S* Uar products, regardless of itico tine conten4
iml
that-rely on vapor,tzanon or aerosoizzanon,
"Tobacco Product"includes any com,ponent or
part of a tobacco praduct. "Tobaceoproduct"
does not include any p-roduct that has been
approved y the United States Food and Drug
Administration either as a tobacco use cessation
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pro duct orfo r other inedica 1 purposes and
which is being marketed and soldor prescribed
solelyfor the approved purp,ose.
so
11, The above definition includes cigarettes 7 cigars, and all
tobacco that can be combusted, as well as smokeless,
blunt wraps,loose tobacco and e-cigarettes and vape pens
and any other iteration of an e-cigarette.
i,n. Other important definitions are included 'in the template
policy contained herein.
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3. Places, or areas of school covered.
: all buildings and enclosed hallways connecting School.buildings.
buildings.
Effect of the Smoke.-Free'Workplace Law
This law applies to smoking only(not to vaping,or chewing).
Effect of�the Education Reform.Act
This,law prohibits the use of tobacco on school grounds,
school'building, school facilities and,school buses during
normal school hours.The superintendent of the district shall
publish the policy in the handbook.
Outs ide school build'i, out a eas, such.as walkways
connecting school buildings, courtyards,, quadrangles.
Effect of the Smoke-Free Workplace Law
Outside areas are not covered by this law.
Et of the Education Reform,Act
This law probibits the use of tobacco on school grounds,
school building, schoolfacilities and school buses during
normal school hours. The,superintendent of the district shall
publish the policy in,the handbook.
On school grounds,:1_1 p arxing lots, athletic,fields and other outside
school,-facilities and premises owned, leased or used by the school for
school purposes.,
Effect of the Smoke-Free Worlqplace Law
Outside school grounds are not subject to this law.
16
Effect of Education.Reform,act
This law prohibits the use of tobacco on school grounds,
school buildings, school facilities and school buses during
normal school hours. The superintendent of the district shall
publish the policy in the handhook.
At school-related or school,--sponsored.events: athletic events,
field trips,, dances,, meetings, an other events not on school property.
Effect of the Smoke-Free lace Policy
If the event 'is,inside a school gymnasium, pool or other
indoor facility then this law applies.
Effect of Education Reform Act
If the event is school-related or,school-sponsored the
Education Reform Act applies.
8
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n school buses or on other school yehliclese. school buses,
charter buses,,vans and other vehicles used for school purposes
Fled of Smoke-Free Workplace Law
w,applies to school buses and other,vehicles, including
mumcmal vehicles.
1
Effect of Massachusetts,Motor Vehicle and,Aircraft
Law
School buses are subject is law. Other school vehicles
are not subJect totbislaw.
1
* Other cons W . ns for poI
Most school districts add"possession of tobacco products" the list of
� hib e ti"ties * the e,policy. This would ow school personnel
to cmfisc-cite tobacco products from sus.
C. '' n .
Penalties for Aolating a.school tobacco policy, should be consistent with
penalties for other infractions o 'the school handbook.
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Sample School Tobacco Pollicy
SECTION1. RATIONALE
Tobacco use is the leadin ca-L reve ise of pntable death in the United States. Most
,g
daily smokers began smoking before the age of 1,8. The use oftobacco,products
on school grounds, in school buildings and facilities, on school property or at
school-related activities or school-sponsored events, including but not limited to
athletic events is detrimental'to the health and safety of students, s
is taff and
v itors.,i
SECTION 11, DEFINITIONS
Administrator Person(s) including but not limited to principals, vice-
principals, office personnel, and others who have
disciplinary and managerial authority,to enforce
school policies and penalties.
Staff Person.(s) employed by [insert school name] as some
f 11 ime,par -to nde endent contractars as
'U' -to t ime or i p
well as volunteers.
Parent/Guardian Person.(s) that have legal guardian status and
responsibility over a student enrolled In [insert school
name] for,educational purposes.
School buildi`ng Any building or enclosed walkway that is used or
leased for educational purposes.
Schogl�r o �d s,� Al school buildings, parking lots, athletic fields,
loading docks, and/orother school, outdoor facilities,
and her premises owned or leased by the school for
educational purposes.,
Student Person(s) legally enroll edin [Insert school name] for
educational purposes.
Tobacco paraphernana Any device used to M'd, ingest, light,burn., or consume
any tobacco Product as defined here m, 'including but
not limited to pipes, ro,inng papers, matches or any
component or part of a tobacco product.,
Tobacco product Any product,containing, made or derived from
tobacco, or nicoline that is,intended for human.
consumption,whether smolced, chewed, absorbed,
dissolved I inhaled, nrtdl snIff d, o ingested, air
10
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other;means including but not limited to: cigarettes,
cigars, lisle cigars, chewing toDacco, pipe tobacco,
snuff-, or electronic cigarettes, electronic cigars,
electronic pipes,vape pens, electronic hookah, or
other similar products, regardless of nicotine content,
that ely on vaporization or aeros,olization. "Tobacco
prod-act"includes any component or part of a tobacco
product. "Tobacco r " does notinclude any
product tat has been approved,by the United States
Food and rug Administration� either as a tobacco use
cessations product r other medical purposes and
which is beingmar1 marketed and sold or prescribed solely
for the approved purposes.
VisitorsPerson(s) peasant,on school property who
are not administrators, students, faculty or staff as
defined above.
SECTION IIL TEXT
Use of� o persio s shall, at any time, use a tobacco
productin any school building, on any school
grounds, any athletic event r any school-
sponsored event or,in any school bus or other
vehicle,used for school purposes.
Possessionof tobacco product No student shall at,any time possess any tobacco
product or tobacco p araphern alia In any sch,o,oil
building, n any school grounds, at any athletic
event or any school-sponsored event or In any
schooll bus or,other vehicle used for school
piss.
Confiscation When there is evidence thatstudent is i
possession o 1 ac o products or tobacco
paraphernalia,, administrators or other
designated staff may confiscate such "Items.,
SECTION IV, PENALTIES
Penalties should, Balls r other infractions thehandbook. amities,
are, ,s .1 based 1 esourc s, l kely student response,,past s��c sses and
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disappointments, and any other applicaDie factors. 'Every s hooks different and,
tobacco policy penalties shou i be all ra the specifile school.
S"ECTION Ve ENFORCEMENT
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Enforcement should be in line with enforcement of any oth,er infi-action of the
handbook.
SECTION V11. EFFECTIVE DATE
This policy shall take effect' full on [insert date] upon its P ass age.
12
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Labeling 3-602.11 Food.Labels
(A) FOOD PACKAGED 'in aFOOD ESTABLISHMENT, shall be labeled as specified
LAW, including 21 C R 101, Food labeling, and 9 C R 317 Labeling, marking devices,
and containers.
(B) w x
Legal information shall Include.-
(1)
The commo na e of-the FOOD, or absent a common name, an adequately
ately
des,criptive identity statement;
x
(2) If
add from two or more ingir-ed ients, a list of longredients and s
ingredients in descending orde edo w .a: . by wel'ght, including
declaration of artificialors, artif icialors and chemical pr ser ativ S, if
containeclin the FOOL-
(3) t
.accurate declaration of the net qualritity
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(4) The name and place of business of the manufacturer, packer, or distributor;
and
(5) 'The name of the FOOL source r:each,MAJOR FOOD ALLERGEN contained
in the FOOL un Iessthe,FOOD source is already part of'the comm on or usual
me of the respective ingredient.
(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act
403(q)(3)(5),nutrition labeling as specified 'n 21 CFR 11 -Food Labeling and 9
CFR 317 Subpart B NutritionLabeling.,
(7) For an s l FISH ntai cant axa t in or astaxanthin as a COLOR
ADDITIVE,the labeling f the bulk FISH container, including a list o
ingredients, displayed on the eta ntaine y other written means, such as
a counter card,that discloses the use of canthaxanthin or astaxanthin.
('C) Bull FOOD, that is available for CONSUME self-dispensing shall be prominently
labeled .nth the, following information in.Plain view of the CONSUMER:
(1) 'I"he manuf .c r"s or processor's label that was provided with the FOOD;
(2) A card, sIgn, or other method ti ation thatincludes the in formation
specified under Subparagraphs (B 2 , and 6 this section.,
(D) Bulk, sin ACKAGE O t S such.as bakery productsand. unPACKAGED FOOL'S
that are portioned to CONSUMER specification need not be labeled
1 A health, t nt content, or other claim is not made
(2) There are no state or local LAWS requiring labeling; and
(3) The FOOD is manufactured or prepared on the PREMISES E tS the FOOL
ESTABLISHMENT or at another FOOD ESTABLISHMENT or a FOOD
PROCESSING PLANT that is owned by the same PERSON and is regulated
the FOOD egu .t ry' agency that has jurisdiction.
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Baba's Pizza
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1814 Turnpike S
Ma, 018,45
North Andover,
,
978-208-1243 WOO-
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IoWg
i'00
May 15,, 2,019
Dear Brian La,Gras'se,
Baba's Pizza would like to request e ria 3-602.11 Ingredients. Instead of placing
individual labels on ea,ch dessert; we would like to pJaCeone label on each ofthree dessert steads., The
labels are large enough to see all the ingredients listed, what it contains as far as allergens and
disclaimers.
out ofthethree desserts we sears we make two in house, the chocolate chipcookie's and
brownies.The l l for those come from the package we make th rn from.,The third dessert Is the
baklava which come already prepared in a tray.We package each one in a container.
For those we use the nutritional label that comes on the tray from the manufacturer.That is placed
the side of the containers. i
As a businesse understand the importance of labels -rid we feel that this request would make
our business be more efficient in the way wierun things. Thank you.
Sincerely,
i
Norrr,an Sr
1
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May 23, 2019 BOHe tii g Notes
1. Babe's Pizza- Labeling Variance Request
They are seeking a variance from the labeling * as state.in. C 3_6 2. . .. 1 have
included this section of the food code your packets for � . This code is � nt n for
giver sold as retail prepackaged..foods such as candy bars, etc. micludffig in-house made
Items w b more than 2 ingredients,packaged for retail, self-service sa.l such as cookies,etc.
The pia e they are looking for would allow them.to apply one label to box they are sold from
as opposed to every "single wrap r e,cookie or,piece of baklava.
This is a very low rise food and I am ok with the ri e granted but I would like t
recommend including some conditions with the,variance so that,at the intent of the regulation
covered. I would,condition the follow :.
1
. Writtenpolicy o dures must be d ve1
2. Display box is'close proximity to the nt of sal register;
3* Label on display box meets FC 3-602..E 1,is, .�legiblefort and declares known
ller e
. Variance is limited to these 3 items as requested, (cooki ,brownies,baklava),;
5. Each of these products may e displayed in one batch.each,at one time (i.e. one
batch of cookies, one batch of brownies and onebatchbaklava);
6. Date marking each batch,of'product is required;
There are n.o other issues with ues,t.
.mpst r complaint-"waste Management
535 Chickerffig Road Quit Pic/McAloons Plaza
We have a long historycomplaints regarding this ,- tear regarding early pickups,prior t
a . A residential property abuts the du t r enclosureand violations directly affect the
esii de nt' .alp life.
The owners of the plaza have been very cooperative and,have taken various measures in a
attempt to eliminatethe, l t ns from urrm" ., They have i t :ll d video surveillance
cameras and hve fired the two previous dumpster contractors for violations. They are
currently on their third company,WasteManagement, d the owners have included clauses Mi
their o tra t that states that they are not allowed wed to empty before 7 am. The property owner
has also called Waste Management several time sfollowing the last few complaints.
We sent a,fine,and letter to Waste Management and,have placed condItions on the'Plazas well.
We requIred thern to repair the enclosure gates so they are lockable,, are locked and can't be
emptied,without the key and install a sign on the en.clo,sure stating thatthe enclosure will be
locked,until 7:00am daily.
I T'BI Update
You have all had a chance to look at the subnuittal to DEP by TBI for the minor modification
approvals to their operati-rig permit so I asked Jeff to,attend tonight so we can ask him any
questions.
I spoke with the buildmig department and they have,ina r icated that these structures can be
*dered temporary. S' ce,they do not have a foundation and cai-t be broken down and
consi in
removed easily, they fit into that,category. The 60 days allowed by definition can be extended
0 "t 'r# 4 .
inctennitely by the building commiss i oner upon,request. He has indicated that this type of
,structure would be granted,an extension beyond 60 days,.
I think this, determination makes It a little easier to move forward.
Out of all, the questions we have d,,iscussed I think that the only thig that remains is the,storing
of waste outside. Condition#59 in die,Site assignment states that TBI may not store or stockpile
arty wastes outside. Transporting the baled waste and storing the bales,outside in.the
temporary,structure will need to,be included Mi the site assignment.
I recommend that TBI subrMit a,n application to the B�oa,rd requesting a public hear n"-tg to revise
their site assignment zu-id to allow the n temporary structures,and the 2 new operations, the
wood chip/product storage and waste balmig mid storage operation. I would request a formal
submittal to the Board of Health which Witt lode a brief description of new operations,and
the specific conditions m the site assignment that will,need to be revised, the sit plan.and
building plan-is with the specs or the new buildings,.
4. Tobacco Regulati on Discussion.
I have a rose ting with Ron scheduled for next Wednesday morning. I did speak with him,and
we went over the items,we discussed last meeting and he has been lookingfor the language we
would wzmt to use., He also,sent me this MAHB policy for us and the schools to take a look at.,
Some of'the thin gs we ctiscuss,ed includes a permit cap, a vape retail permit cap, flavors allowed
or excluding m 4 t and wintergreen, adult only tobacco retail.stores and possession as a
violation,. Anythitig else you want us to look into for the� ext re&Lflation revision.?
5* Brae Dispensers
have installed 5 new sunscreen dispensers and started getting teem.up and,operating.
have to fib and start up a couple moretomorrow. orro is also Impact Melanoma's "No
Fry ay" and,we will be sending out the social mediaposts and the announcement tomorrow.
We placed to first round of dispensers .t:
Drununond Playground
2. Stevens Pond
3. Reynolds Playground
4. McEvoy Park
. Card.Tomas Fields
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