HomeMy WebLinkAbout2021-11-18 Board of Health Minutes North Andover Board of Health
Meeting Minutes
Thursday—November 18, 2021
7:00 p.m.
120 Main Street, Board of Select Room
Live broadcast can be heard on www.northandovercain.org
Present: Joseph McCarthy,Dr.Patrick Scanlon,Michelle Davis,Daphne Alva-LeFleur,Dr.Max Tilson,
Brian LaGrasse,and Stephen Casey Jr
I. CALL TO ORDER
The meeting called to order at 7:00 pm.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
Meeting Minutes from June 24,2021 presented for signature. Motion made by Michelle Davis for
approval,seconded by Dr.Patrick Scanlon,all in favor and the minutes approved.(5-0-0)
Meeting Minutes from July 22,2021 presented for signature. Motion made by Michelle Davis for
approval,seconded by Dr.Patrick Scanlon,all in favor and the minutes approved.(5-0-0)
IV. PUBLIC HEARINGS
Mark Walsh,owner of 407 Mass Ave is appealing a housing Order to Correct(See Appendix A).
The three options for the Board are,sustain,modify or withdraw the order. The appeal is for the following,
citation regarding the buildup of a mold like substance on the ceiling over the shower,investigating the
source of water damage and repairing the wall,repair cabinet to be free of water damage defects and
repairing the air conditioning system.
MOTION made by Dr.Patrick Scanlon to postpone the order to fix the central air conditioning until June
14,2022. Motion seconded by Michelle Davis.All in favor,motion approved(5-0-0)
MOTION made by Daphnee Alva-LeFluer to extend the following citation regarding the buildup of a mold
like substance on the ceiling over the shower,investigating the source of water damage and repairing the
wall and repairing the cabinet to be free of water damage defects to January 31,2022.Motion seconded by
Dr.Patrick Scanlon.All in favor,motion approved(5-0-0)
2021 North Andover Board of Health Meeting Page 1 of 3
Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member;
Dr.Patrick Scanlon,DO,Town Physician/Member;Max Tilson MD,Member Health Department Staff:Brian LaGrasse,Health
Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department
Assistant
V. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. COVID-19 Updates—Brian LaGrasse(See Appendix B.)
There has been an overall increase of COVID-19 cases. Back in the middle of October there was a peak,it
then went back down and currently there was a second peak began in the middle of November. The charts
(See Appendix B.)are published every week on the Town of North Andover,Health Department website.
(www.northandoverma.gov/health) The active cases for November 18,2021 total 112,which is the same
number as last week. This number is subject to change because the data reports are completed at midnight
and will be published the next day. The seven day incident rate for North Andover was up to 38.6,which
has been increasing since the middle of October. The hospitalizations totaled 527,which has plateaued.
The partial vaccination rate for North Andover is 77%and full is 70%. If someone is fully vaccinated and
becomes a close contact,they no longer have to quarantine however,they do need to self-monitor. If a
person is not vaccinated and becomes a close contact,they will need to quarantine for at least seven days.
Vaccines prevent people from dying it does not prevent people from getting sick. People will test positive.
A mild case of COVID-19 can make a person feel poorly,but it does not require hospitalization.
Breakthrough cases are unfortunately part of the virus. The importance of boosters are critical for
maintaining safety in people when they get sick. People who receive the vaccine and boosters has a less
severe reaction to the virus. There is a small amount of literature discussing the vaccine helping to alleviate
post-Covid syndrome in children. Steroids have been the only drug to improve survival of patients with
severe COVID-19. Boosters are now available for people over the age of 18. The town collaborated with
Greater Lawrence Family Health Center(GLFHC)for teacher,town employee,and resident booster clinics.
The center has plenty of vaccine and boosters available. Carolyn Lamb,the new Public Health Nurse,
starts December 6,2021. This full time position will be in addition to four per-diem public health nurses.
The state run and funded Contract Tracing Collaborative(CTC)will be closing down. They will not be
taking any cases past November 30,2021. This is a concern with the holidays coming. Reminder that a
person can have COVID-19 without a temperature,symptoms for some maybe mild.
Laura Vlasuk,Temporary Part-Time Health Inspector is working on updating the town animal regulations.
The regulations will be reviewed at the December meeting or early next year.
The Town Health Assessment will be sent to a Request for Proposal(RFP)to be sent out for mainstream
bids. This will be completed sometime in January 2022. This will allow the health department to come up
with programs and then monitoring the programs to address different health disparities in the town.
Dr.Patrick Scanlon has requested a link to be added to the Health Department Website for Health Care
Proxies.
Stephen Casey Jr.—Puff Bars fall under The Town of North Andover's Regulating The Sale and Use of
Tobacco Products as an electronic cigarette and a tobacco product. (See Appendix Q. The definition of a
tobacco product is any product containing,made,or derived from tobacco or nicotine intended for human
consumption. An electronic cigarette is defined as any device composed of mouthpiece,heating element,
battery and/or electronic circuits that provides vapor of liquids,regardless of nicotine content,or relies on
vaporization of any solid or liquid substance,regardless of nicotine content. Puff Bars will fall under both.
The Commonwealth of Massachusetts has a chart that defines what establishments can sell what products.
Adult-only tobacco stores and smoking bars can sell non-flavored E-cigarettes however;smoking bars are
banned in North Andover. Puff Bars have synthetic nicotine,which cannot and will not be sold in North
Andover.
VI. ADJOURNMENT
MOTION made by Michelle Davis to adjourn the meeting.Dr.Patrick Scanlon seconded the motion. All
in favor,motion approved.The meeting adjourned at 8:15pm.(5-0-0)
North Andover Board of Health
Meeting Minutes
Thursday—November 18, 2021
7:00 p.m.
120 Main Street,Board of Select Room
Live broadcast can be heard on www.northandovercam.org
Prepared by:
Toni K Wolfenden,Health Dept.Assistant
Reviewed by:
All Board of Health Members&Brian LaGrasse,Health Director
Signed by.
ZI I(Q lz
Miche avis Clerkf
o the Boar Date Sikned
Documents Used At Meeting:
Agenda
Order to Correct—407 Mass Ave
North Andover Covid19 Charts and Graphs
Puff Bar Questions
Regulating the Sale and Use of Tobacco Products
2021 North Andover Board of Health Meeting Page 3 of 3
Board of Health Members: Joseph McCarthy, Chairman; Michelle Davis, RN, Clerk/Member; Daphnee Alva-LaFleur,
Member; Dr. Patrick Scanlon, DO,Town Physician/Member; Max Tilson MD, Member Health Department Staff:
Brian LaGrasse, Health Director;Stephen Casey Jr., Health Inspector; Caroline Ibbitson, Public Health Nurse;Toni K.
Wolfenden, Health Department Assistant
North Andover Board of Health
Meeting Agenda
Thursday, November 18,2021
7:00 pm
120 Main Street
Board of Select Room
Live broadcast can be heard on www.northandoverma.gov
I. CALL TO ORDER
II. APPROVAL OF MEETING MINUTES
A. June 24,2021
B. July 22,2021
III. NEW BUSINESS
A. Hearing-Housing-Mark Walsh 407 Mass Ave
IV. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS
A. COVID19-Updates
V. ADJOURNMENT
2021 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1
Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on
the agenda.
Board of Health Members: Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member;
Dr.Patrick Scanlon,D.O.Town Physician/Member;Dr.Max Tilson,MD,Member Health Department Staff:Brian LaGrasse,
Health Director;Stephen Casey,Public Health Inspector;Caroline Ibbitson,RN,Public Health Nurse;Toni K.Wolfenden,
Health Department Assistant.
LED[cqc
•
•
North Andover Health Department
Community and Economic Development Division
NORTH ANDOVER BOARD OF HEALTH
SECOND ORDER TO CORRECT
Issued under the provisions set forth in Massachusetts General Laws Chapter 111 Section 123.
Date: October 12,2021
To Owner of record: Property Location:
Mark Walsh 407 Massachusetts Ave
274 Old Cart Way North Andover,MA 01845
North Andover,MA 0.1845
Dear Owner;
The North Andover Health Department personnel conducted an authorized inspection of
your property at the above referenced address on 407 Massachusetts Ave, North Andover MA,
01845,in response to a complaint filed with this Department. The inspection revealed violations
of the State Sanitary Code,Chapter II as listed on the attached Violation Form.
You are hereby ORDERED to correct the violations within the time allotted on the
enclosed form. Failure to comply within the specified time period will result in further
enforcement actions including but not limited to a fine of up to$500 per day'in accordance with
105 CMR 410.910 of the State Sanitary Code or filing in court. Fines will continue to accrue until
the subject property is brought into compliance with this Order to Correct. Each day or portion
thereof during which the violations continue shall constitute a separate offense.
You have the right to request a hearing before the Board of Health if you feel this Order
to Correct should be modified or withdrawn. A request for said hearing must be made in
writing and received by the Health Department within seven(7) days from receipt of this
Order. At said hearing you will be given an opportunity to be heard and to present witnesses
and documentary evidence as to why this Order should be modified or withdrawn. All affected
parties will be informed of the date,time and place of the hearing and of their right to inspect
and copy all records concerning the matter to be heard. You may be represented by an
1 Failure to comply with any order issuedpursuant to the provisions of 105 CMR 410.000 shall upon conviction be
fined not less than$10.00 nor more than$500. Each day's failure to comply with an order shall constitute a
separate violation(105 CMR 410.910).
Page 1 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
1 �
attorney. You have a right to inspect and obtain copies of all relevant records concerning the
matter to be heard.
If the dwelling unit is vacant or becomes vacant before the violations are corrected,the
dwelling unit cannot be re-rented or re-occupied prior to compliance and prior to an inspection
by the North Andover Health Department in accordance with 105 CMR 410.010(A). Please call
the North Andover Health Department at(978) 688-9540 for an inspection. An inspection
performed by the North Andover Health Department is required.
If you have any questions,comments or concerns,please feel free to call me between the
hours of 8:00-4:30 on Monday,Wednesday and Thursday,8:00-6:00 on Tuesday and 8:00-12:00
on Friday. Any questions regarding this matter can be answered through the North Andover
Health Department.
Sincerely,
Stephen Casey Jr.
North Andover Public Health Inspector
CC: Brian LaGrasse,North Andover Director of Public Health
Board of Health
File
Sent via:
Certified Mail#:
Regular Mail
Page 2 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
� 7Y�T[.IiD/6Q6.
�RATF:D A4�4
North Andover Health Department
Community and Economic Development Division
NORTH ANDOVER BOARD OF HEALTH
ORDER TO CORRECT
Issued under the provisions set forth in Massachusetts General Laws Chapter 111 Section 123.
Date: August 4,2021
To Owner of record: Property Location:
Mark Walsh 407 Massachusetts Ave
274 Old Cart Way North Andover,MA 01845
North Andover,MA 01845
Dear Owner;
The North Andover Health Department personnel conducted an authorized inspection of
your property at the above referenced address on 407 Massachusetts Ave, North Andover MA,
01845,in response to a complaint filed with this Department. The inspection revealed violations
of the State Sanitary Code,Chapter II as listed on the attached Violation Form.
You are hereby ORDERED to correct the violations within the time allotted on the
enclosed form. Failure to comply within the specified time period will result in further
enforcement actions including but not limited to a fine of up to$500 per day'in accordance with
105 CMR 410.910 of the State Sanitary Code or filing in court. Fines will continue to accrue until
the subject property is brought into compliance with this Order to Correct. Each day or portion
thereof during which the violations continue shall constitute a separate offense.
You have the right to request a hearing before the Board of Health if you feel this Order
to Correct should be modified or withdrawn. A request for said hearing must be made in
writing and received by the Health Department within seven(7) days from receipt of this
Order. At said hearing you will be given an opportunity to be heard and to present witnesses
and documentary evidence as to why this Order should be modified or withdrawn. All affected
parties will be informed of the date,time and place of the hearing and of their right to inspect
and copy all records concerning the matter to be heard. You may be represented by an
1 Failure to comply with any order issuedpursuant to the provisions of 105 CMR 410.000 shall upon conviction be
fined not less than$10.00 nor more than$500. Each day's failure to comply with an order shall constitute a
separate violation(105 CMR 410.910).
Page 1 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
attorney. You have a right to inspect and obtain copies of all relevant records concerning the
matter to be heard.
If the dwelling unit is vacant or becomes vacant before the violations are corrected,the
dwelling unit cannot be re-rented or re-occupied prior to compliance and prior to an inspection
by the North Andover Health Department in accordance with 105 CMR 410.010(A). Please call
the North Andover Health Department at(978) 688-9540 for an inspection. An inspection
performed by the North Andover Health Department is required.
If you have any questions,comments or concerns,please feel free to call me between the
hours of 8:00-4:30 on Monday,Wednesday and Thursday,8:00-6:00 on Tuesday and 8:00-12:00
on Friday.Any questions regarding this matter can be answered through the North Andover
Health Department.
Sincerely,
Stephen Casey Jr.
North Andover Public Health Inspector
CC: Brian LaGrasse,North Andover Director of Public Health
Board of Health
File
Sent via:
Certified Mail#:
Regular Mail
Page 2 of 2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
• �YTTI.ED���'
North Andover Health Department
Community and Economic Development Division
October 25, 2021
Mark Walsh
274 Old Cart Way
North Andover, MA 01845
RE: Request for a hearing before the Board of Health; 407 Massachusetts Ave,North Andover,
MA
Dear Mr. Walsh,
The Health Department received your request for a hearing in the matter of 407 Massachusetts
Ave, dated August 12,2021. This Order Letter notes violation to 105 CMR 410.000. The
Hearing was been placed on the agenda for the next regularly scheduled Board of Health meeting
on Thursday, September 23, 2021. Due to a lack of a quorum,this meeting was cancelled and the
hearing was postponed.
The meeting shall take place at the North Andover town hall, 120 Main Street; second floor
conference room on Thursday, October 28th and begins at 7 PM.
At the hearing, you shall be given the opportunity to be heard,to present witnesses or
documentary evidence and to show why the housing code order letter should be modified or
withdrawn. As affected parties, and as required by 4120.851, all tenants of 407 Massachusetts
Ave have been notified of the time and place of the hearing and of their right to inspect and copy
all records concerning the matter to be heard.
Sincerely,
Stephen Casey Jr.
Health Inspector
CC: Tenants of 407 Massachusetts Ave
a .
VILED I6q ,
North Andover Health Department
Community and Economic Development Division
November 22, 2021
Mark Walsh
274 Old Cart Way
North Andover, MA 01845
RE: Board of Health meeting decision on housing violations noted at 407 Mass Ave
Dear Mr. Walsh,
The North Andover Board of Health heard your appeal in regards to housing violations noted in
a letter dated August Yd, 2021 and a second letter dated September 29th, 2021. The decisions
made by the Board of Health at the November 18th meeting are noted below:
• 410.150(D)—Ceiling above shower has evidence of mold-like substance. Clean to
remove mold build up. This violation's deadline was extended to January 31", 2022.
• 410.500—Wall next to the shower has evidence of water damage. Investigate and repair
source of water, and repair wall to be free of defects. This violation's deadline was
extended to January 31", 2022.
• 410.500—Cabinet next to toilet has evidence of water damage. Repair cabinet to be free
of defects. This violation's deadline was extended to January 31", 2022.
• 410.351(B)—Central air conditioning is not working. Repair air conditioning system.
This violation's deadline was extended until June 10, 2022 which is the end of"heating
season".
As noted above,the deadlines initially given for these repairs have been extended. Please ensure
all violations are corrected by the date which they have been extended to. Once repaired,please
contact the Health Department so that we may schedule a re-inspection to verify. If questions
arise, do not hesitate to contact us at 978 688 9540 or by email.
Sincerely,
Stephen Casey Jr.
Health Inspector
CC: Tenants of 407 Massachusetts Ave
;Date Active Cases
7/8 0
7/15 4 North Andover Active COVID-19 Cases by Week - -
7/22 11 120
7/29 32 107
110 -- 103- 1 os_ ---
8/6 20
8/12 47
100
8/19 58 90
8/26 62
80 --
9/2 82 z 70 --
9/9 88 __
9/16 107 y 60 -- -
m
9/23 103 U 60 - -
9/30 105 40
10/7 71 30
10/14 61
10/21 70 20
10/28 91 10 - -4- —
11/4 96 0
11/11 112 "\°y �<Lti 1�y9 �� e�°ry °\,°
Date
Date Percent Positivity
7/29 2.48
8/6 2.95 NA 14-Day Percent Positivity of Tests
8/12 2.42 5.0 A.69
8/19 3.68
8/26 4.69 4.5 -4-.13
9/2 4.13 4.0 ---3:68- _.-
9/9 2.81
9/16 2.48 3.5 -- __-3.22----
9/23 2.31 5 3.0 2.95 2.81
9/30 2.44 0 2.48 2.42 2.48 2.44 2.42
10/7 2.6 ° 2.5 -- - 2.31 - --
c
10/14 1.84 2 2.0 _.., 1.84 1..74-- -
10/21 1.74 a
10/28 2.7 1.5 - - - - -
11/4 3.22 1.0 - -
11/11 2.42
0.5 - - - -
0.0
7/29 8/6 8/12 8/19 8/26 9/2 9/9 9/16 9/23 9/30 10/7 10/14 10/21 10/28 11/4 11/11
Date
Date 14 Day Avg Incidence rate
7/29 6.4
8/6 9 14-Day North Andover Average Incidence Rate
8/12 8.5
8/19 14.1 40 --
8/26 21
9/2 19.6
9/9 22.4
9/16 29.2 30
9/23 27.4
m
9/30 30.4
10/7 29.2 u
10/14 17.5 zo --
-
10/21 16.7
10/28 24.5 311
11/4 27.1 0
11/11 30.4
10
p
7/29 8/6 8/12 8/19 8/26 9/2 9/9 9/16 9/23 9/30 1017 10/14 10/21 10/28 11/4 11/11
Date
Date 7 Day Avg Incidence Rate
9/9 25
9/16 33.1 7-Day North Andover Average Incidence Rate
9/23 36.4
9/30 29.2 50.0
10/7 20.8 Y
10/14 17.9 0 40.0
10/21 16.7 n
10/28 31.6 30.0 -
11/4 35.3
11/11 38.6 20.0 --
U
C
Q�1
m
10.0 ........
ti
0.0
9/9 9/16 9/23 9/30 1 OR 10/14 10/21 10/28 11/4 11/11
Date
Date 2 Week Tests
9/9 4167
9/16 5727 Total Tests Administered in NA over 14 Days
9/23 5716
9/30 5972
8,000 -
10/7 5549 z
10/14 4946 C:
6,000 ------ _— -- -— _
10/21 4650
10/28 4377 T)
11/4 4103 E
4,000 — - --
11/11 5959
2,000 -- - -
E
z
0
9/9 9/16 9123 9130 10/7 10/14 10/21 10/28 11/4 11/11
Date
' !
--' —'-1
� � !
� '--- - -'� ----- ------'-------- -- ---------- -----1
Date Hospitilizations ICU Intubated
Hospitalizations, ICU and Intubated Patients in Massachusetts
675
600
439
264
439
41
14
L 70 93 83
55
Date
'
-___-__+______
Date Hospitilizations ICU Intubated
7/29 176 39 17
8/5 264 55 19
8/12 375 85 32
8/19 439 94 48
8/26 565 143 70
9/2 595 158 99
9/9 622 166 93
9/16 675 173 97
9/23 606 165 96
9/30 618 167 100
10/7 571 150 92
10/14 567 142 83
10/21, 532 142 79
10128 528 140 75
11/4 509 147 83
11/11 527 141 74
Date Total Number of Cases Total Active Cases Deaths
11/11/2021 3850 112 91
Cases by age North Andover Vaccination Rates Vaccination Status
__._._._._. _.......................................................................................................__....................................................._.._..................•........_...._........................._._.................................__..__........._........._..._.._....._
Age #of Positive Cases %Population Partially Vaccinated %Population Fully Vaccinated Vaccinated NOT Vaccinated
_ _....__ _..._... .....................__................._._.._...._....._.._................................__......._........__........_..
0-11 14
8%�......................... ........_.................._...................................... ..............___............ a.................................................. ................................................
14
................................................_................................................;..................__............................................1.......................................................................12-15 3 84% 75% 0 3_............................................._........
_.............................;........................_. ..................._._ .........._.._.
16-19
...._...__..................................._...........;_................................._......................................_............._._._....... ° ..........._..__...................
,.........._................................__0..._..............._ e.................._._..............._................... ................_........_........_........................
_._.........20-29........... _........ 41 81/o 73/0 35 6 -...... .
30-49 _..26_..... ......._.._.._....... _ ..._.. _..........._...._.............
88%............................_................. _........................__... 810.......__.._......_..._........__..... _ ..............._... __............_._.._... _ _ .........._......_....
w
/o
................................_.........__._..........__.............__............_ ..............._.._................._..........._...._........................_...._.....,..__.._........._._......._....._...._......................................_...............................................18.._............... i
% _.,.........
50-64 € 19 91% 85% 13 .............................._.........._
_.............
>...
...........................................___.._...................................................
.....
....
...
_...................
..._................
.................
....
................
....
.............<.._...........
_............
.....................
................
...........
..._............................._.............................._.......... ._ ..._ ...
65-74...................._..1................_....................... _.._.._...................._. : >95/o 93/o 1 1
0
:_.__................................................_..._._....._......................................._�............................_..................._.........._............................_.................._......... ............_._.........
75+ i.........................................�_. >95% 94% 0 ........... _..... ...
............. ......_......_....................._.._._ _...........___......._......_ ...__......_........................._...__........_....._................_......._......:......_.._..._...._..._..__......._..........._............._..__._._..........._.._........_...._................_.
TOTAL 112 77% 70% 72 40
_. .
*Only eligible ages of 5-11
NA Household Cluster% 66% Cases linked to household or congregate living transmission.
This percentage hs been consistent for several weeks '
40 cases are associatred with higher education/congregate living
NA Percent Positive Testing Rate: 2.42 DPH Data not updated. Percent of positive tests over 14 days
NA 14 Day Incidence Rate: 30.4 Incidence rate is the number of new cases per 100K people. Rates
are used to compare data between areas with different population sizes
NA 7 Day Incidence Rate: 38.6 !NA rate taken over the last 7 days
NA Two week Testing Number 5,959 ;DPH not updated.Number of tests given over 14 days to NA residents,includinc
Total#Vaccinated in MA: 4.77 People who are fully vaccinated in MA
Hospitalizations in MA: 527 COVID-19 hospital patients in MA(141 in ICU,741ntubated patients)
_ ...._._ _. _.. _. .. -
Items to Note: 1.The weekly case totals continue to rise. Our daily average is still over 10 new cases per day. We had a daily high of 18.
2.Winter sports and activities are starting up.
Please take a look at our indoor sports and activity posting here
VACCINATED ATHLETES DO NOT HAVE TO QUARANTINE IF EXPOSED BYATEAMATE
It is more than highly recommended to get your child vaccinated if they play any indoor team sport or activity.
3.The Health Department and the Greater Lawrence Family Health Center held a vaccination clinic for ages 5 and older on 11/11
Second Dose Clinic North Andover High School Cafeteria
Thursday, December 2, 2021, 3-6 pm
Q OC �-
Vaccine Info: httos://www.mass.ciov/covid-19-vaccine
1.2%of fully vaccinated people in MA have contracted the virus.
0.04%of vaccinated people have gone to the hospital with symptoms.
0.0 1%of vaccinated individuals have passed away from covid.
As of 11/6,4.75M people are vaccinated in MA with 58,807 breakthrough cases.Of those cases, 1,940 were hospitalized and 468 resulted in death.
Testing: If you have been exposed or are a close contact,get tested. It is still free and easy
httas://www.mass.aov/info-details/find-a-covid-19-test
C
Town of North Andover
Board of Health
REGULATING THE SALE and USE OF TOBACCO PRODUCTS
SECTION 1: STATEMENT OF PURPOSE
WHEREAS there exists conclusive evidence that tobacco smoking causes cancer,respiratory
and cardiac diseases,negative birth outcomes, irritations to the eyes,nose and throat[l];
WHEREAS the U.S. Department of Health and Human Services has concluded that nicotine is
as addictive as cocaine or heroin[2] and the Surgeon General found that nicotine exposure during
adolescence, a critical window for brain development,may have lasting adverse consequences
for brain development,[3] and that it is an addiction to nicotine that keeps youth smoking past
adolescence[4];
WHEREAS a Federal District Court found that Phillip Morris,RJ Reynolds and other leading
cigarette manufacturers "spent billions of dollars every year on their marketing activities in order
to encourage young people to try and then continue purchasing their cigarette products in order
to provide the replacement smokers they need to survive"and that these companies were likely
to continue targeting underage smokers[5];
WHEREAS more than 80 percent of all adult smokers begin smoking before the age of 18,more
than 90 percent do so before leaving their teens, and more than 3.5 million middle and high
school students smoke[6];
WHEREAS 18.1 percent of current smokers aged<18 years reported that they usually directly
purchased their cigarettes from stores (i.e. convenience store, supermarket, or discount store) or
gas stations, and among 11'grade males this rate was nearly 30 percent[7];
WHEREAS the Institute of Medicine (IOM) concludes that raising the minimum age of legal
access to tobacco products to 21 will likely reduce tobacco initiation,particularly among
adolescents 15 - 17,which would improve health across the lifespan and save lives[8];
Whereas cigars and cigarillos, can be sold in a single"dose;"enjoy a relatively low tax as
compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among
youth[9];
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%[10];
WHEREAS 59% of high school smokers in Massachusetts have tried flavored cigarettes or
flavored cigars and 25.6% of them are current flavored tobacco product users; 95.1 % of 12—
17-year old's who smoked cigars reported smoking cigar brands that were flavored[11];
1
WHEREAS the Surgeon General found that exposure to tobacco marketing in stores and price
discounting increase youth smoking[12];
WHEREAS the federal Family Smoking Prevention and Tobacco Control Act(FSPTCA),
enacted in 2009,prohibited candy- and fruit-flavored cigarettes,[13] largely because these
flavored products were marketed to youth and young adults,[14] and younger smokers were
more likely to have tried these products than older smokers[15],neither federal nor
Massachusetts laws restrict sales of flavored non-cigarette tobacco products, such as cigars,
cigarillos, smokeless tobacco,hookah tobacco, and electronic devices and the nicotine solutions
used in these devices;
WHEREAS the U.S. Food and Drug Administration and the U.S. Surgeon General have stated
that flavored tobacco products are considered to be"starter"products that help establish smoking
habits that can lead to long-term addiction[16];
WHEREAS the U.S. Surgeon General recognized in his 2014 report that a complementary
strategy to assist in eradicating tobacco-related death and disease is for local governments to ban
categories of products from retail sale[17];
WHEREAS the U.S. Food and Drug Administration and the Tobacco Products Scientific
Advisory Committee concluded that menthol flavored tobacco products increased nicotine
dependence, decreased success in smoking cessation[18];
WHEREAS menthol makes it easier for youth to initiate tobacco use[19];
WHEREAS the number of tobacco retail establishment permit holders in North Andover
declined from 20 to 15 permit holders in 2019 and there has only been one adult only retail
tobacco establishment permit that has been applied for;
WHEREAS the U.S. Centers for Disease Control and Prevention has reported that the current
use of electronic cigarettes, a product sold in dozens of flavors that appeal to youth, among
middle and high school students tripled from 2013 to 2014[20];
WHEREAS 5.8% of Massachusetts youth currently use e-cigarettes and 15.9%have tried
them[21];
WHEREAS the Massachusetts Department of Environmental Protection has classified liquid
nicotine in any amount as an"acutely hazardous waste"[22];
WHEREAS in a lab analysis conducted by the FDA, electronic cigarette cartridges that were
labeled as containing"no nicotine"actually had low levels of nicotine present in all cartridges
tested, except for one [23]
WHEREAS according to the CDC's youth risk behavior surveillance system,the percentage of
high school students in Massachusetts who reported the use of cigars within the past 30 days was
10.8% in 2013[24];
2
WHEREAS data from the National Youth Tobacco Survey indicate that more than two-fifths of
U.S. middle and high school smokers report using flavored little cigars or flavored
cigarettes[25];
WHEREAS the sale of tobacco products is 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 are
particularly at risk for becoming smokers and such sale of tobacco products is incompatible with
the mission of educational institutions that educate a younger population about social,
environmental and health risks and harms; and
WHEREAS the Massachusetts Supreme Judicial Court has held that" . . . [t]he right to engage in
business must yield to the paramount right of government to protect the public health by any
rational means"[26].
Now, therefore it is the intention of the North Andover Board of Health to regulate the sale of
tobacco products.
SECTION 2: DEFINITIONS
For the purpose of this regulation, the following words shall have the following meanings:
2.1 ADULT-ONLY RETAIL TOBACCO ESTABLISHMENT: An establishment that
does not share space with another business,that shall have a seperate public entrance, that does
not sell food or alcohol, that does not have a restaurant license or lottery license,whose only
purpose is to sell or offer for retail sale tobacco products and/or tobacco product paraphernalia,
in which entry of persons under the age of 21 is prohibited at all times, and which maintains a
valid permit for the retail sale of tobacco products as required to be issued by the North Andover
Board of Health and any applicable state licenses. Entrance to the establishment must be secure
so that access to the establishment is restricted to employees and to those 21 years of age and
older. The establishment shall not allow anyone under 21 to work at the establishment.
2.2 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.
2.3 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.
2.4 CHARACTERIZING FLAVOR: A distinguishable taste or aroma imparted or
detectable either prior to or during consumption of a tobacco product or component part thereof,
including,but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla,honey,
3
candy, cocoa, dessert, alcoholic beverage, menthol, mint or wintergreen, herb or spice.
"Characterizing flavor" does not include the taste or aroma of tobacco, additives, or flavorings
that do not contribute to the distinguishable taste or aroma of the product or the provision of
ingredient information.
2.5 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.
2.6 COMPONENT PART: Any element of a tobacco product, including,but not limited to,
the tobacco, filter,paper,mouthpiece, heating element battery and/or electronic circuits but not
including any constituent.
2.7 CONSTITUENT: Any ingredient, substance, chemical or compound, other than
tobacco,water added to a tobacco product or reconstituted tobacco sheet that is added by the
manufacturer to a tobacco product during the processing,manufacturing or packaging of the
tobacco product. Such term shall include a smoke constituent from a tobacco product and a
vapor or aerosolization constituent from a tobacco product.
2.8 DISTINGUISHABLE: Perceivable by either the sense of smell or taste.
2.9 EDUCATIONAL INSTITUTION: Any public or private college, school,professional
school, scientific or technical institution,university or other institution furnishing a program of
higher education.
2.10 ELECTRONIC CIGARETTE: Any electronic device composed of a mouthpiece,
heating element,battery and/or electronic circuits that provides vapor of liquids,regardless of
nicotine content, or relies on vaporization of any solid or liquid substance, regardless of nicotine
content. This term shall include such devices whether they are manufactured as e-cigarettes,
e-cigars, a-pipes or under any other product name.An electronic cigarette includes any
component or part of an electronic cigarette,regardless of nicotine content,that rely on
vaporization or aerosolization, including but not limited to,pods,vape juice containers and
cartridges.
2.11 EMPLOYEE: Any individual who performs services for an employer.
2.12 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.
2.13 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.
2.14 FLAVORED TOBACCO PRODUCT: Any tobacco product or component part thereof
that contains a constituent that has or produces a characterizing flavor. A public statement,
claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any
4
person authorized or permitted by the manufacturer to make or disseminate public statements
concerning such tobacco product,that such tobacco product has or produces a characterizing
flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco
product.
2.15 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's offices and
dentist's offices.
2.16 NON-RESIDENTIAL ROLL-YOUR-OWN(RYO)MACHINE: A mechanical device
made available for use(including 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 making cigarettes, cigars or other tobacco products. RYO
machines located in private homes used for solely personal consumption are not Non-Residential
RYO machines.
2.17 OUTDOOR SPACE: An outdoor area, open to the air at all times and cannot be
enclosed by a wall or side covering.
2.18 PERMIT HOLDER: Any person engaged in the sale or distribution of tobacco
products directly to consumers who applies for and receives a tobacco product sales permit or
any person who is required to apply for a tobacco product sales permit pursuant to these
regulations, or his or her business agent.
2.19 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 products
directly to consumers.
2.20 RETAIL ESTABLISHMENT: Any establishment selling, goods, articles or personal
services to the public,including but not limited to convenience stores, gas stations, grocery
stores, department stores,barber shops,nail salons, hair salons and tanning salons. .
2.21 SELF SERVICE DISPLAY: Any display from which customers may select a tobacco
product without assistance from an employee or store personnel, excluding vending machines.
2.22 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.
2.23 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
5
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".
2.24 TOBACCO PRODUCT: Any product containing,made, or derived from tobacco
or nicotine that is intended for human consumption,whether smoked, chewed, absorbed,
dissolved,inhaled, snorted, sniffed, or ingested by any other means,including,but not
limited to: cigarettes, cigars, little cigars, chewing tobacco,pipe tobacco, snuff or electronic
cigarettes, electronic cigars, electronic pipes, electronic hookah, liquid nicotine, "e-liquids"
or other similar products,regardless of nicotine content,that rely on vaporization or
aerosolization. "Tobacco Product"includes any component or part of a tobacco product.
"Tobacco Product" does not include any product that has been approved by the United
States Food and Drug Administration either as a tobacco use cessation product or for other
medical purposes and which is being marketed and sold or prescribed solely for the
approved purpose.
2.25 TOBACCO PRODUCT SALES PERMIT: A permit issued by the Board of Health
upon application and in accordance with Section 4 of these regulations. Approval and a
Tobacco Product Sales Permit is required by any retail establishment or adult only tobacco
retail establishment to sell any tobacco product in North Andover. Selling any tobacco
product in North Andover without a valid Tobacco Product Sales Permit is a violation of
these regulations and subject to enforcement.
2.26 VAPING PRODUCTS: 1) any product intended for human consumption by inhalation
regardless of nicotine content,whether for one-time use or reusable,that relies on vaporization or
aerosolization, including but not limited to electronic cigarettes, electronic cigars electronic
cigarillos, electronic pipes, electronic vaping product delivery pens,hookah pens, and any other
similar devices that rely on vaporization or aerosolization; and 2) any component,part, or
accessory of a product or device defined in subsection 1), even if sold separately. "Vaping
products"do not include any product that has been approved by the Federal Food and Drug
Administration either as a tobacco use cessation product or for other medical purposes and which
is being marketed and sold or prescribed solely for the approved purpose.
2.27 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.
SECTION 3: TOBACCO PRODUCT SALES TO PERSONS UNDER THE AGE OF 21
PROHIBITED
—J.1 PROHIBITION UNDER TWENTY ONE PEARS OF AGE: No person shall sell or
otherwise distribute tobacco products to persons under the age of 21.
6
3.2 REQUIRED SIGNAGE: In conformance with G.L. c. 270, § 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 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 than four(4) feet or greater than
nine(9) feet from the floor. The notice shall also disclose current referral information about
smoking cessation, as well as notice that the sale of tobacco products, to someone under the age
of 21 is prohibited, and that the use of e-cigarettes is prohibited where smoking is prohibited in
the Town of North Andover.
3.3 IDENTIFICATION: Each person selling or distributing tobacco products or nicotine
delivery products shall verify the age of the purchaser by means of a valid government-issued
photographic identification containing the bearer's date of birth that the purchaser is 21 years old
or older. Verification is required for any person who appears to be under the age of 40.
3.4 FACE TO FACE SALES: All retail sales of tobacco 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 products must occur at a location with a valid tobacco product sales
permit.
SECTION 4: TOBACCO PRODUCT SALES PERMIT
4.1 No person shall sell or otherwise distribute tobacco products at retail within North
Andover without first obtaining a Tobacco 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 products
in North Andover.
4.2 As part of the Tobacco 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 product
sales regarding federal, state and local laws regarding the sale of tobacco and this regulation.
4.3 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 Product Sales
Permit can be issued.
7
4.4 The fee for a Tobacco 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'of every
year.
4.5 A separate permit is required for each location where a retail establishment is selling
tobacco products.
4.6 Each Tobacco Product Sales Permit shall be displayed at the retail establishment in a
conspicuous place.
4.7 No Tobacco Product Sales Permit holder shall allow any employee to sell tobacco
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.
4.8 A Tobacco Product Sales Permit is non-transferable
4.9 Issuance of a Tobacco 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.
4.10 Issuance and holding of a Tobacco 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.
4.11 A Tobacco 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.
4.12 An Adult-Only Retail Tobacco Establishment may be issued a Tobacco Product Sales
Permit authorizing the sale of flavored tobacco products or blunt wraps provided the Adult-Only
Retail Tobacco Establishment meets with the following conditions:
a) The business establishment does not share retail or business space with another
business establishment. It has a separate public entrance from any other business
establishment. The entrance is secured so that access is restricted to employees and
individuals twenty one (21)years of age or older.
b)It does not sell food, drinks, alcohol, lottery tickets, goods or services nor shall it hold
a license to sell food, a restaurant license, an alcohol license, or a lottery license.
c) No person under the age of twenty one (21) shall enter the premises or be employed
by the establishment.
8
d) It shall not be located within five hundred(500') feet of a retailer with a tobacco
product sales permit.
e) It shall hold all permits and licenses required by the Commonwealth of Massachusetts.
4.13 A Tobacco Product Sales Permit limited to the sale of natural tasting tobacco products
that does not have a characterizing flavor may be issued to other retail establishments that meet
the criteria of the North Andover Board of Health regulations and all state and federal laws
pertinent to the sale of natural tasting tobacco products.
4.14 At any given time, there shall be no more than SIXTEEN(16)Tobacco Product Sales
Permits issued in the Town of North Andover. This section shall only apply to permits newly
issued after the effective date of this regulation. No renewal of an existing valid permit will be
denied based on the permit capping requirements described herein. A valid existing permit shall
not include any permit that has not been renewed within thirty(30)days of its expiration.Any
such permit shall be treated as a New Permit.
4.15 At any given time there shall be no more than ONE (1)Tobacco Product Sales Permit
issued to an Adult-Only Retail Tobacco Establishment.
4.16 A Tobacco Product Sales Permit shall not be issued to any new applicant for a retail
establishment located within five hundred(500')feet of a public or private elementary or
secondary school as measured by a straight line from the nearest point of the property line of the
school to the nearest point of the property line of the site of the applicant's business premises.
4.17 A Tobacco Product Sales Permit shall not be issued to any new applicant for a retail
establishment located within five hundred(500') feet of a retailer with a valid Tobacco Product
Sales Permit as measured by a straight line from the nearest point of the property line of the
retailer with a valid Tobacco Product Sales Permit to the nearest point of the property line of the
site of the applicant's business premises.
4.18 Applicants who purchase or acquire an existing business that holds a valid Tobacco
Product Sales Permit at the time of the sale or acquisition of said business must apply within
sixty (60) days of such sale or acquisition for the permit held by the Current Permit Holder if the
Applicant intends to sell tobacco products, as defined herein. Such applicant may choose to
apply for a Tobacco Product Sales Permit for an Adult-Only Retail Tobacco Store if the Current
Permit Holder possessed the same or if a Tobacco Product Sales Permit for an Adult-Only Retail
Tobacco Store is available per subsection 4.15.
SECTION 5: CIGAR SALES REGULATED:
5.1 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
9
four (4) cigars. A package of four or more cigars must be priced at the retail market price or at
five ($5.00) dollars, whichever price is higher.
5.2 This Section shall not apply to:
(a) The sale or distribution of any cigar having a retail price of two dollars
and fifty cents ($2.50) or more.
(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.
5.3 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 FLAVORED TOBACCO PRODUCTS PROHIBITED
6.1 No person shall sell or distribute or cause to be sold or distributed any flavored tobacco
products except in smoking bars and adult-only retail tobacco establishments.
SECTION 7: THE SALE OF BLUNT WRAPS
7.1 No person or entity shall sell or distribute blunt wraps within North Andover, except in
adult-only retail tobacco establishments are permitted to sell or distribute blunt wraps.
SECTION 8: FREE DISTRIBUTION AND COUPON REDEMPTION
8.1 No person shall:
(a)Distribute, or cause to be distributed, any free samples of tobacco products.
(b)Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or
redeem or offer to accept or redeem any coupon that provides any tobacco product, as
defined herein, without charge or less than the listed or non-discounted price in exchange
for the purchase of any other tobacco product.
(c) Sell a tobacco product, as defined herein,to consumers through any multi pack
discounts (e.g. "buy two get one free") or otherwise provide or distribute to consumers
any tobacco product, as defined herein,without charge or for less than the listed
non-discounted price in exchange for the purchase of any other tobacco product.
10
SECTION 9: OUT OF-PACKAGE SALES
9.1 The sale or distribution of tobacco products as defined herein in any form other than an
original factory-wrapped package is prohibited. 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.
(a)The sale or distribution of tobacco products, as defined herein, in any form other than
an original factory-wrapped package is prohibited, including the repackaging or
dispensing of any tobacco product, as defined herein, for retail sale. 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.
(b)Pursuant to the Governor's September 24, 2019 Public Health Emergency Order, no
Permit holder shall sell Liquid Nicotine Containers. The North Andover Board of
Health may reconsider this prohibition at the time the Public Health Emergency has been
deemed to be resolved. If the prohibition ends thereafter,the Permit holder who sells
Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, and
must provide the North Andover Board of Health with a written plan for disposal of said
product, including disposal plans for any breakage, spillage or expiration of the product.
(c)All permit holders must comply with 940 CMR 21.05 which reads: "It shall be an
unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid
or gel substance in Massachusetts after March 15,2016 unless the liquid or gel product is
contained in a child-resistant package that, at a minimum,meets the standard for special
packaging as set forth in 15 U.S. C. §§1471 through 1476 and 16 CFR §1700 et. seq."
(d)No permit holder shall refill a cartridge that is pre-filled and sealed by the
manufacturer and not intended to be opened by the consumer or retailer.
SECTION 10: SELF SERVICE DISPLAYS
10.1 All self-service displays of tobacco products are prohibited. All humidors including,but
not limited to,walk-in humidors must be locked.
SECTION 11: TOBACCO VENDING MACHINES
11.1 All tobacco product vending machines are prohibited.
SECTION 12: NON-RESIDENTIAL ROLL-YOUR OWN(RYOI MACHINE
12.1 All Non-Residential Roll-Your-Own(RYO)Machines are prohibited.
11
SECTION 13: RESTRICTIONS ON THE SALE OF TOBACCO PRODUCTS AT
HEALTH CARE INSTITUTIONS
13.1 No Health Care Institution located in the Town of North Andover shall sell or authorize
the sale of tobacco products within its buildings, or facilities or on its grounds. G.L. c. 111, §
61A, as amended 2018
SECTION 14: PROHIBITION OF THE SALE OF TOBACCO PRODUCTS BY
EDUCATIONAL INSTITUTIONS:
14.1 No educational institution located in the Town of North Andover shall sell or cause to
be sold tobacco products. This includes all educational institutions as well as any retail
establishments that operate on the property of an educational institution.
SECTION 15: SALE OF ELECTRONIC CIGARETTES PROHIBITED:
15.1 Consistent with the Governor's September 24,2019 Declaration of a Public Health
Emergency, no person shall sell, distribute, or cause to be sold or distributed any vaping products
as defined herein. If the Public Health Emergency Ban has been deemed to be resolved or
rescinded, the sale of electronic cigarettes and all vaping products or accessories will be
restricted to only Adult-Only Tobacco Retail Establishments.
SECTION 16: PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES
16.1 The Board of Health adopts the Massachusetts Smoke-Free Workplace by reference and
any future revisions as a local regulation. G.L. c. 270, §§ 21, 22.
16.2 Pursuant to G.L. c. 270, § 22 0), smoking is also hereby prohibited in the following
locations:
(a)Adult-Only Retail Tobacco Store;
(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;
(d)Within Twenty-Five (25) feet of a building entrance or enclosed space where smoking
is prohibited.
16.3 The use of e-cigarettes or any vaping product is prohibited wherever smoking is
prohibited. G. L. c. 270, § 22 and North Andover Board of Health regulation § 4.17.002.
12
SECTION 17: VIOLATION OF TERMS OF PERMIT AND REGULATIONS
17.1 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 products. The violator shall receive:
(a)In the case of a first violation, a fine of Three Hundred($300) dollars;
(b) In the case of a second violation within twenty-four(24)months of the date of the
first violation, a fine of Three Hundred($300) dollars and the Tobacco Product Sales
Permit may be suspended for Seven(7) consecutive business days.
(c) In the case of a third violation within a twenty-four(24)month period, a fine of
Three Hundred($300) dollars and the Tobacco 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 per additional violation and the Tobacco Product Sales
Permit may be revoked.
17.2 Refusal to cooperate with inspections pursuant to this regulation shall result in the
suspension of the Tobacco Product Sales Permit for Thirty(30) consecutive business days.
17.3 In addition to the monetary fines set above, any permit holder who engages in the sale or
distribution of tobacco 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.
17.4 The North Andover Board of Health shall provide notice of their intent to suspend or
revoke a Tobacco 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 may suspend or revoke the
Tobacco 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 shall be
removed from the retail establishment upon suspension or revocation of the Tobacco Product
Sales Permit. Failure to remove all tobacco products shall constitute a separate violation of this
regulation.
13
SECTION 18: VIOLATIONS OF REGULATIONS
18.1 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.
18.2 An individual or person who violates the provisions of G.L. c. 270, § 21 and 22 by
smoking in a place where smoking is prohibited shall be subject to a civil penalty of$100 for
each violation. G.L. c. 270, § 22(m)(2). Any individual or person who violates the provisions of
Section 16.2 of these regulations shall be subject to a fine of$25.00. Each occurrence of a
violation shall be a separate offense.
18.3 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 may investigate.
SECTION 19: OTHER APPLICABLE LAWS
19.1 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 20 THROUGH 21
Reserved for future regulations, amendments, etc.
SECTION 22: SEVERABILITY
22.1 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.
SECTION 23: PREVIOUS REGULATION SUPERCEDED
23.1 This regulation supersedes the prior regulation titled"Regulations Affecting Smoking in
Certain Places and Youth Access to Tobacco," as adopted with an effective date of September 1,
2015 and thereafter amended.
14
Effective Date:
This regulation was adopted on October 24, 2019.
This regulation shall take effect on January 1, 2020.
Signatures:
1Z 12o
Francis MacMillan, M.D., Chai n Date of Signature
qepbAcCarthy, Clerk Date of Signature
Michele Davis, R.N.,Member Date of Signature
OV�Z-il I
Patrick Sc on, D.O., Member Date of Signature
Daphnee Alva-LaFluer,Member Date of Signature
Latest Revision Date: October 24, 2019
15
[1] 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.
[2] CDC(2010),How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for
Smoking Attributable Disease. Retrieved from:http://www.cdc.gov/tobacco/data—statistics/sgr/2010/.
[3]U.S.Department of Health and Human Services. 2014. The Health Consequences of Smoking—50
Years of Progress:A Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease
Prevention and Health Promotion,Office on Smoking and Health,p. 122.Retrieved from:
http://www.surgeongeneral.gov/libraiy/reports/50-years-of-progress/full-report.pdf.
[4] Id. at Executive Summary p. 13.Retrieved from:
http://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec-summary pdf
[5]United States v.Phillip Moms,Inc.,RJ Reynolds Tobacco Co., et al..449 F.Supp.2d 1 (D.D.C. 2006)
at Par. 3301 and Pp. 1605-07.
[6] SAMHSA,Calculated based on data in 2011 National Survey on Drug Use and Health and U. S.
Department of Health and Human services(HHA).
[7] CDC(2013)Youth Risk Behavior, Surveillance Summaries(MMWR 2014: 63 (No SS-04)).
Retrieved from:www.cdc.gov.
[8]IOM(Institute of Medicine)2015.Public Health Implications of Raising the Minimum Age of Legal
Access to Tobacco Products. Washington DC: The National Academies Press,2015.
[9] CDC(2009), Youth Risk Behavior, Surveillance Summaries(MMWR 2010: 59, 12,note 5). Retrieved
from: http:www.edc.gov/mmwr/pdf/ss/ss5905.pdf.
[10]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.
[11]Massachusetts Department of Public Health,2015 Massachusetts Youth Health Survey(MYHS);
Delneve CD et al., Tob Control,March 2014:Preference for flavored cigar brands among youth,young
adults and adults in the USA.
[12]U.S.Department of Health and Human Services.2012.Preventing Tobacco Use Among Youth and
Young Adults:A Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease
Prevention and Health Promotion,Office on Smoking and Health,p. 508-530,
wwwsureeongeneral.gov/library/renorts/�nreventing-Muth-tobacco=use/ 11-report.12df.
[13] 21 U.S.C. § 387g.
16
[14] Carpenter CM,Wayne GF,Pauly JL, et al.2005. "New Cigarette Brands with Flavors that Appeal to
Youth: Tobacco Marketing Strategies."Health Affairs.24(6): 1601-1610;Lewis M and Wackowski O.
2006. "Dealing with an Innovative Industry:A Look at Flavored Cigarettes Promoted by Mainstream
Brands."American Journal of Public Health. 96(2): 244-251;Connolly GN.2004."Sweet and Spicy
Flavours:New Brands for Minorities and Youth."Tobacco Control. 13(3):211 212;U.S.Department of
Health and Human Services.2012.Preventing Tobacco Use Among Youth and Young Adults:A Report of
the Surgeon General.Atlanta:U.S.National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health,p. 537,
www surgeongeneral.gov/librarLIreports/preventing-youth-tobacco-use/full-report 12
[15]U.S.Department of Health and Human Services.2012.Preventing Tobacco Use Among Youth and
Young Adults:A Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease
Prevention and Health Promotion, Office on Smoking and Health,p. 539,
www surgeongeneral.gov/librarv/reports/preventing-youth-tobacco-use/full-reported
[16]Food and Drug Administration.2011.Fact Sheet:Flavored Tobacco Products,
www fda.gov/downloads/TobaccoProducts,ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214,p
U.S. Department of Health and Human Services. 2012.Preventing Tobacco Use Among Youth and
Young Adults:A Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease
Prevention and Health Promotion,Office on Smoking and Health,p. 539,
www surgeongerieral.gov/librarv/reports/preventing-youth-tobacco-use/ ll-reported
[17]See fn. 3 at p. 85.
[18] www.fda.gov/downloads/ucm361598.pdf,
Https://tobacco,ucsfedu/tpsac-gave-fda-what-it-needs-to-ban-menthol
[19]www.tobaccofreeldds.org/assets/factsheet/0390.pdf
[20] Centers for Disease Control&Prevention. 2015. "Tobacco Use Among Middle and High School
Students—United States,2011 2014,"Morbidity and Mortality Weekly Report(MMWR) 64(14):
381-385;
[21]Massachusetts Department of Public Health,2015 Massachusetts Youth Health Survey(MYHS)
[22] 310 CMR 3 0.13 6
[23]Food and Drug Administration,Summary of Results:Laboratory Analysis of Electronic Cigarettes
Conducted by FDA,available at:http://www.fda.gov/newsevents/publichealthfocus/ucm173146.htm.
[24]See fn. 7.
[25]King BA,Tynan MA,Dube SR,et al.2013."Flavored-Little-Cigar and Flavored-Cigarette Use
Among U.S.Middle and High School Students."Journal of Adolescent Health. [Article in press],
www.iahonline.org/article/51054-139X'162813%2900415-1/abstract.
[26]Druzik et al v. Board of Health of Haverhill, 324 Mass.129(1949).
17
No � R
Maasachu -TE Stephen Casey<scasey@northandoverma.gov>
Joe's Puff Bar Question
Stephen Casey <scasey@northandoverma.gov> Wed, Nov 17, 2021 at 3:00 PM
To: Brian LaGrasse <blagrasse@northandoverma.gov>
Puff bars -electronic cigarette product that utilizes tobacco-free nicotine.
Quote from website
"Puffs nicotine-based products are created with tobacco-free nicotine. Our nicotine-based products are crafted from
a patented manufacturing process, not from tobacco. The result?A virtually tasteless, odorless nicotine without the
residual impurities of tobacco-derived nicotine."
https://puffbar.com/pages/about-puff-bar
Our Regs
• electronic cigarette- any device composed of a mouthpiece, heating element, battery and/or electronic circuits
that provides vapor of liquids, regardless of nicotine content, or relies on vaporization of any solid or liquid
substance, regardless of nicotine content. This term shall include such devices whether they are manufactured as
e-cigarettes, e-cigars (&other examples)...An electronic cigarette includes any component or part of an electronic
cigarette, regardless of nicotine content, that rely on vaporization or aerosolization, including but not limited to,
pods, vape juice containers and cartridges
• Tobacco product-Any product containing, made, or derived from tobacco or nicotine that is intended for human
consumption, whether smoked, chewed, absorbed, dissolved....
• Vaping products -any product intended for human consumption by inhalation regardless of nicotine content,
whether one time or reusable, that relies on vaporization or aerosolization, including but not limited to electronic
cigarettes, electronic cigars, etc.....
• Section 15: Sale of Electronic cigarettes prohibited - Consistent with Governor's September 24, 2019 Declaration
of a Public Health Emergency, no person shall sell, distribute, or cause to be sold or distributed any vaping
products as defined herein. If the Public Health emergency ban has been deemed to be resolved or rescinded,,
sale of electronic cigarettes and all vaping_products or accessories will be restricted to Adult Only Tobacco Retail
Establishments
• See attached chart
If the PH Emergency Ban was lifted, Adult Only Retail Stores can sell electronic cigarettes and vaping products. However,
from State Tobacco Laws, only Smoking Bars (21+) may sell flavored e-cigarettes with any strength nicotine content.
Adult Only Tobacco Stores would be able to sell Unflavored e-cigarettes based on what im reading.
Stephen Casey Jr.
Health Inspector
Town of North Andover
2 attachments
Mass DPH Tobacco Laws -flavored and ecig restrictions.jpg
128K
Regulating the Sale and Use of Tobacco Products Effective 1.01.2020.pdf
809K
ii ma s&gov/g u ides/2019-tobacco-co ntrol-law
akmarks NA NAWebSite MapGeo Q WebEOC8.7 Login FEMA-Emergency... Regulations&Reso... COVID-19 links d FD207 Plan Review NA Permits and Rego
New tobacco control law
What's sold where?
Where and what tobacco products can be sold in Massachusetts per 105 CMR 665:
Product Non-Age Restricted Adult-Only Smoking
Retail Establishments Tobcco Bars
(such as convenience Retail (21+)
stores,gas stations, Store
liquor stores) (21+)
Cigarettes x x^ X
(including menthol)
Cigars xk X, x
(including flavors,unless
city/town has a flavored
product restriction in
place)
Other tobacco Products, X*
EXCLUDING e-cigarettes
(including flavors,unless
city/town has a flavored
product restriction in
place)
Unflovared e-cigarettes x x x
with nicotine content 35
mg/mL or less
Unflavared e-cigarettes x x
with nicotine content
over 35 mg/mL
Flavored e-cigarettes x
with any strength
nicotine content
x=can be sold
*Beginning June 1,2020,flavored cigarettes,cigars and other tobacco products may only be
purchased in smoking bars