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Home My WebLink About2022-11-03 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—November 3, 2022 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org Present: Joseph McCarthy,Dr.Patrick Scanlon,Michelle Davis,Jennifer Abou-Ezzi,Jennifer LeBourdais Brian LaGrasse,Carolyn Lam and Toni K.Wolfenden I. CALL TO ORDER The meeting called to order at 7:00 pm. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES Meeting Minutes from September 22,2022 presented for signature. Motion made by Michelle Davis for approval,seconded by Jennifer Abou-Ezzi,all in favor and the minutes approved.(5-0-0) IV. PUBLIC HEARING Tom Budden Market Basket Assistant Store Manager,350 Winthrop Avenue,has come before the board to appeal the Tobacco Enforcement Fine. Ronald Beauregard,Tobacco Control Program Director,conducted a compliance check on behalf of the North Andover Health Department on September 16,2022 about 11:37 a.m. An underage person(19 yrs), was able to purchase a tobacco product. A correction order was completed. Ron entered the store and was able to speak with the courtesy booth supervisor. Everyone understands the sale was made and the correction order was issued. The Commonwealth of Massachusetts has implemented a fine of$1000 for the sale of tobacco products to minors. Ron continues to strive to lower the tobacco statistics with education. .Market Basket is a long-time company in North Andover. Tom wants everyone to understand that it was a mistake,however it is not looked upon lightly by the store or the main company. The employee was written up,given a warning,and suspended for the week. Every employee that sells tobacco products signs a form stating that they understand the rules. All employees that work in the courtesy booth have been re- trained and now every person that walks in the door to purchase tobacco is asked for identification. Ron explains that this is a mandatory fine. Brian LaGrasse's opinion is to leave the fine as is. Other sales had been made this round and those have been paid. It is unfortunate because the fine went up from$100, for first time offense to a$1000. Brian invites the board to discuss,debate and to ask any questions. 2022 North Andover Board of Health Meeting Page 1 of 3 Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Dr.Patrick Scanlon,DO,Town Physician/Member;Jennifer Abou-Ezzi,RN,Member;Health Department Staff:Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Carolyn Lam,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant Dr.Patrick Scanlon makes a MOTION to maintain the order as drafted by Ronald Beauregard,Tobacco Control Program Director for Healthy Communities,Tobacco Control Program. Seconded by Michelle Davis.(5-0-0) See Appendix A. V. NEW BUSINESS A. Board Elections Effective at the end of this meeting,Joseph McCarthy is resigning as the Chairman of the Board of Health. Joe will remain on the board as a member until the opening is filled. Dr.Patrick Scanlon nominates Michelle Davis as chairwoman of the'Board of Health. Seconded by Jennifer Abou-Ezzi. MOTION is accepted. (5-0-0) Joseph McCarthy nominates Dr.Patrick Scanlon as clerk of the Board of Health. Seconded by Michelle Davis. MOTION accepted. (5-0-0) B. New Fee Schedule Dr.Patrick Scanlon,makes a MOTION,to accept the new fee schedule to start January 1,2023. Seconded by Jennifer Abou-Ezzi(5-0-0)See Appendix B. V I. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. COVID-19 Updates Brian LaGrasse—COVID numbers continue to go down from last meeting. The Town of North Andover continues to have active cases. Brian still monitors the numbers and Carolyn still talks to people at Massachusetts Virtual Epidemiological Network(MAVEN)every day.The town has 19 active cases as of this afternoon at 6:00 p.m. The severity has come down too. See Appendix C. Dr.Patrick Scanlon—The ICUs have minimal use. There are some hospitalizations but most of the positive tests are just incidental findings. Most of the patients Patrick sees are just stuffy nose or"flu"like symptoms. He has not seen anything that is predominantly respiratory. Carolyn Lam—Most of the North Andover Flu Clinics have been completed,however,walk in appointments are available. As of today,the town has administered 860 flu shots. There will be a town- wide bivalent COVID booster clinic on November 22,2022 located at the North Andover High School. This clinic is a partnership with the Greater Lawrence Family Health Center(GLFHC). A patient can interchange Pfizer and Moderna vaccinations,however,a patient cannot receive the Novavax unless they have never received an mRNA(Pfizer or Moderns vaccination)before. B. Grants The Public Health Excellence Grant(PHE)—The health department received the signed contract from the state which has been sent back to be finalized and ratified by the state. This grant is to assist with regional staff,consisting of inspectors,and nurses to help backfill some of the backlog of work. The Town of North Andover,Health Department,is the House Agency for the grant. Currently,Brian is working on the intermunicipal agreement between the 6 town/cities. The agreement is between,Andover,Reading,North Reading,Lynnfield,North Andover,and Haverhill.The grant is$300,000 a year for the next 3 years. Brian is currently working on the descriptions for the staff to be hired. Brian will be hiring a shared services coordinator/inspector,field inspector,a training officer and a nurse. The training officer will develop different types of education for the various town employees. The Community Health Assessment Grant-A survey will be launched by Health Resources in Action to complete two assessments,one for Andover and one for North Andover. The survey is to help us game plan and strategically plan our programming for the next 5 years. This is step number one. The 15-minute survey will be released this week. Paper copies will be available through the Senior Center. Spanish and Mandarin language surveys are available. See Appendix D. North Andover Board of Health Meeting Minutes Thursday—November 3, 2022 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org VII. ADJOURNMENT MOTION made by Michelle Davis to adjourn the meeting,seconded by Dr.Patrick Scanlon. All in favor, motion approved.The meeting adjourned at 7:42 pm. Prepared by Toni K. Wolfenden, Health Dept.Assistant Reviewed bv: All Board of Health Members&Brian LaGrasse,Health Director Signed bv: (M A�) a Afichet,Davis, Clerk of t e Board U Date Jigned Documents Used At Meeting: Agenda Market Basket Correspondence Regulating the Sale and Use of Tobacco Products Health Department Fee Schedule COVID 19 Statistical Data Community Health Assessment Survey 2022 North Andover Board of Health Meeting Page 3 of 3 Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Dr.Patrick Scanlon,DO,Town Physician/Member;Jennifer Abou-Ezzi,RN,Member;Health Department Staff:Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Carolyn Lam Public Health Nurse;Toni K.Wolfenden,Health Department Assistant North Andover Board of Health Meeting Agenda Thursday,November 3, 2022 7:00 pm 120 Main Street Board of Select Room Live broadcast can be heard on www.northandoverma.gov I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MEETING MINUTES A. September 22,2022 IV. PUBLIC HEARING A. Market Basket-Tobacco Appeal V. NEW BUSINESS A. Board Elections B. New Fee Schedule VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS A. COVID19-Updates 2022 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. i Board of Health Members: Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Dr.Patrick Scanlon,D.O.Town Physician/Member Health;Jennifer Abou-Ezzi,RN,Member;Jennifer LeBourdais,RN;Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. 60 Healthy COmmunitleS Tobacco Control Program A Boards of Health Partnershili Amesbury ��tVEe Middleton Andover Newbury Billerica Newburyport Chelmsford �� North Andover Dracut OVER North Reading HavRowle �y e ld J N&j,,A MENj Salisbury Methuen ,141 t)EPP Tewksbury 10,14 ��Ep\� Topsfield CERTIFIED MAIL AND FIRST-CLASS POSTAGE September 19, 2022 Market Basket 350 Winthrop Ave. North Andover,MA 01845 Re: Correction/Cease and Desist Order-Tobacco Product Sale to a Person Under the Age of 21 Attn: Manager/Owner: On September 16,2022 at approximately 11:37 a.m.your establishment sold a tobacco product to a person under the age of 21 in violation of state law 105 CMR 665.010(A). As outlined on the Correction/Cease and Desist Order issued by the North Andover Health Department(hand-delivered to you or your agent on the day of the unlawful sale)you have the following alternatives: 1. Pay the fine of one-thousand($1,000.00)within 21 days of the date of issuance of the Order;or 2. If you are aggrieved by the Correction/Cease and Desist Order,request a Hearing before the North Andover Board of Health. This request must be made by you,in writing,and filed within seven(7)days after the date the Order was served or actually received. The written request for a hearing can be delivered to the North Andover Board of Health, 120 Main Street,North Andover,MA 01845. Any affected party has a right to appear at said hearing. All payments of fines shall be made to the Town Clerk,Town Hall, 120 Main Street,North Andover. Please note that this fine of one-thousand($1,000.00)is required under state law 105 CMR 665.045(A). As you know,you have a legal obligation under 105 CMR 665.020(A)to ID all customers seeking to purchase tobacco products,regardless of age. You must verify the age of tobacco purchasers by viewing their valid government-issued photo identification cards. If you need any training to emphasize this legal obligation to your employees,please do not hesitate to contact me. Please feel free to contact me if you have any questions regarding this notice. Sincerely, Ronald N. Beauregard Tobacco Control Program Director cc: Brian LaGrasse,Health Director,North Andover Health Department Dawne Warren,North Andover Town Clerk 36 Bartlet Street. Andover, MA 01810 Tel: 978-490-8114 Sw.tsun,� North Andover Health Department (ommunity and Economic Development Division September 28,2022 Market Basket Attention Wayne Mullin 350 Winthrop Avenue North Andover, MA 01845 RE: Request for a Hearing before the Board of Health: Tobacco Product Sale to a Person Under the Age of 21 —State Law 105 CMR 665.010(A) Dear Mr. Mullin, The Health Department received your request for a hearing in the matter of tobacco product being sold to a person under the age of 21,dated September 16,2022. The Hearing has been placed on the agenda for the next regularly scheduled Board of Health meeting dated,Thursday, November 3,2022.The meeting shall take place at the North Andover Town Hall, 120 Main Street; second floor conference room and begins at.7:00 PM. At the hearing, you shall be given the opportunity to be heard in reference to the inspection and fine at the above-mentioned retail location on September 16,2022. If any questions arise before the meeting, please feel free to contact me. Sincerely, Stephe Casey Jr. Health Inspector CC: Brian LaGrasse,Director of Public Health BOH ii;6 North Andover Health Department Community and Economic Development Division CERTIFIED MAIL AND FIRST-CLASS POSTAGE January 9,2023 Wayne Mullin Store Manager Market Basket 350 Winthrop Avenue North Andover,MA 01845 Re: North Andover Board of Health Decision—Appeal of Correction Order for Sale of Tobacco to Person Under the Age of 21—Market Basket Dear Mr.Mullin: During its meeting on November 3,2022,the North Andover Board of Health heard your appeal of the Correction/Cease and Desist Order issued due to the sale of a tobacco product to a person under the age of 21 on September 16,2022 in violation of 105 CMR 665.010(A). After deliberation,the Board of Health sustained the Order and directed Market Basket to pay the $1,000.00(one thousand dollar)fine specified in the Order. You are hereby ordered to pay on or before January 27,2023 the amount of S1,000.00(one thousand dollars) made payable to"Town of North Andover"to the Town Clerk, 120 Main Street, North Andover,MA 01845. If you have any questions,do not hesitate to contact me. S' rely, rian Grasse Director of Public Health North Andover Health Department cc: Ron Beauregard,Tobacco Control 7020 1810 0001 1796 6878 Page 1 of 1 North Andover Health Department, 120 Main Street North Andover, MA 01845 Phone:978.688.9540 Fax: 978.688.9542 North Andover Health Department Community and Economic Development Division NOTICE FROM THE NORTH ANDOVER BOARD OF HEALTH TO ALL RETAILERS IN NORTH ANDOVER THAT SELL TOBACCO PRODUCTS On October 24, 2019 the North Andover Board of Health enacted regulations "Regulating the Sale and Use of Tobacco Products." These new regulations will go into effect on January 1, 2020. The provisions in these regulations include, but are not limited to, the following: 1) Prohibits the sale of all flavors (INCLUDING MINT, MENTHOL AND WINTERGREEN) of tobacco and vaping products, except in adult-only retail tobacco establishments. All tobacco and vaping products flavored with mint, menthol or wintergreen can ONLY be sold in an adult-only retail tobacco establishments. An"adult-only retail tobacco establishment" is a store that: a) Does not sell food, alcohol or any other beverages; b) Does not have a lottery license; c) Only has the purpose of selling tobacco and/or vaping products and/or tobacco product paraphernalia; d) Prohibits the entry of persons under the age of 21 at all times; and e) Does not allow anyone under the age of 21 to work at the store. 2) Prohibits the sale of all vaping products (flavored and non-flavored), except in adult-only retail tobacco establishments. 3) Caps the total number of stores that can sell tobacco at 16; 4) Caps the total number of"adult-only retail tobacco establishments" at 1. 5) Prohibits new locations of stores selling tobacco and/or vaping products within 500 feet of existing stores that sell tobacco and/or vaping products. Page 1 of 2 North Andover Health Department 120 Main Street North Andover,MA 01845 Phone: 978.688.9540 Fax: 978.688.9542 6) Requires retailers ask for a valid photo ID card from anyone seeking to purchase a tobacco or vape product who appears under the age of 40 in order to verify he or she is at least 21 years of age. 7) Prohibits smoking or vaping in an adult-only retail tobacco establishment. Copies of the new regulations can be found at: https://www.northandoverma.gov/health/pa eg_s/permits-and-regulations If you have any questions,please call the North Andover Health Department at(978) 688-9540. Sincerely, The North Andover Board of Health Page 2 of 2 North Andover Health Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.9542 k 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[1]; 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 -:1 PROHIBITION UNDER TWENTY ONE YEARS 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 (RYO) 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 (j), 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. i 13 i 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.,I Francis` . MacMillan, M.D., dh '--an Date of Signature 11 -551 �Pe cCarthy, Clerk Date of Signature Michele Davis, R.N., Member Date of Signature d , 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 ci9—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/library/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 Morris,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( IMWR 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(N4YHS); 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, wwwsurgeon general.g_ov/library/reports/preventing-youth-tobacco=use/ull-report.ndf. [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/libraryh-eports/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, wwwsur eotr eiieral.gov/librarvli-eports/preverating-vouth-tobacco-use/full-report.i2 [16] Food and Drug Administration. 2011.Fact Sheet:Flavored Tobacco Products, www fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214 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 surgeorzgeizeral.gov/library/reports/preventing-vouth-tobacco-use/ull-report.,2 [17] See fn. 3 at p. 85. [18] www.fda.gov/downloads/Ucm361598.pdf, Https://tobacco,uesf.edu/tpsac-gave-fda-what-it-needs-to-ban-menthol [19]www.tobaccofreekids.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:htip://www.fda.iaov/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 ofAdolescent Health. [Article in press], www.iahonline.org/article/51054-139X%2813%290041 5-1/abstract. [26] Druzik et al v. Board of Health of Haverhill, 324 Mass.129 (1949). 17 LED I TOWN OF NORTH ANDOVER HEALTH DEPARTMENT ' 120 Main Street NORTH ANDOVER, MASSAC14USETTS 01845 Brian LaGrasse,CEHT 978.688.9540—Phone Director of Public Health 978.688.8476—Fax E-Mail:healthdeptaamorthandoverma.gov Website:www.northandoverma.gov Permit Fee Schedule Septic Construction Food ➢ Disposal Works Installer's Permit $80 ➢ Non-Profits $0 ➢ Disposal Works Installer's Test $100 ➢ Residential Kitchen Establishment $25 ➢ Title 5 Inspector Permit $35 ➢ Temporary Food Establishment $35 ➢ Title 5 Inspection Report $50 ➢ Seasonal Food Establishment $60 Submission ➢ Mobile Food Establishment $115 ➢ Soil Tests—New Construction $585 ➢ Catering $150 ➢ Soil Tests—Repairs or Upgrades $440 ➢ Retail Prepackaged Only $160 ➢ Extra Deep Hole&Pere.Test $412.50 ➢ Limited Food Service Establish. $180 ➢ Extra Soil Tests or Inspections $50 ➢ Food Service Establishment $200 ➢ Disposal Works Construction— ➢ Supermarket $500 Component Replacement or Repair $175 ➢ New Construction or Full Repair $350 Food Plan Reviews ➢ Plan Review Design $275 ➢ Residential Kitchen $75 (Includes 1st re-review) ➢ Limited Renovation $75 ➢ Plan Review Re-submission $125 ➢ Mobile Food and Food Service $150 ➢ Variance Request/LUA Reguest $100 ➢ Retail Prepackaged $75 ➢ Minor Changes $75 Wells Re-Inspection Fee-as needed $75 ➢ Well Construction $135 (food and septic) Swimming Pools ➢ Swimming Pool Operation Permit $135 Miscellaneous ➢ Animals $35 ➢ Body Arts Establishment $310 ➢ Body Art Practitioner $210 ➢ Dumpster—per establishment $60 ➢ Funeral Director License $125 ➢ Ice Skating Rinks $135 ➢ Offal Haulers—per truck $135 ➢ Recreational Camp-per session $50 ➢ Sun Tanning Establishment $85 ➢ Tobacco $110 ➢ Trash Haulers-Permit $350 ➢ Trash Haulers—Placard(each) $100 On Novem6er3,2022 the North Andover Boardof.9fealth adoptedthe abovefee schedule to 6e effective as of%ovem6er3,2022. Date Total Number of Cases Total Active Cases Deaths 10,27/2022 8,210 25 103 Cases by age North Andover Vaccination Rates Vaccination Status Age #of Positive Cases %Population Partially Vaccinated %Population Fully Vaccinated Vaccinated NOT Vaccinated 0-4 3 21% 10% 0 3 5-11 0 66% 61% 0 0 12-15 0 >95% 88% 0 0 16-19 0 73% 68% 0 0 20-29 0 >95% 81% 0 0 30-49 4 90% 82% 2 2 50-64 5 92% 85% 3 2 65-74 5 >95% >95% 5 0 75+ 8 >95% >95% 6 2 TOTAL 25 87% 79% 16 9 51%of eligible(ages 5+)North Andover residents have received their 1st booster. 18%of eligible residents have received a 2nd booster NA Household Cluster% 56.0% Cases linked to household or congregate living transmission. NA Percent Positive Testing Rate: 8.4% Percent of positive tests over 14 days NA 14 Day Incidence Rate: 14.8 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: 29.2 NA rate taken over the last 7 days NA Two week Testing Number 850 Number of tests given over 14 days to NA residents,including higher ed Total#Vaccinated in MA: 5.54 M People are fully vaccinated in MA Hospitalizations in MA: *764/**239 COVID-19 hospital patients in MA(61 in ICU, 23 Intubated patients) *764 Patients in hospital with incidental COVID **239 Hosptilizations primarliy due to COVID. Items to Note: The weekly case totals have been steady and our daily average is new cases per day with a high of 17. There is a cluster at a Long Term Care Facility Vaccinations reduce severity of symptoms and with very high vaccination rates in MA,hospitilzations have remained low. For more information,please click here. Vaccine Info: Vaccine is readily available and the best way to protect yourself https://www.mass.00v/covid-I 9-vaccine A new Bivalent COVID-19 booster which covers the original and Omicron strain is available for people 12 and older Testing: If you have been exposed or are a close contact et tested.It is still free and .eas g Y P ,g Y MA Stop the Spread testing sites will be open until March 31,2023. The site at LGH is closed on Sundays https://www.mass.ciov/info-details/find-a-covid-19-test r. Date Active Cases min n "n' North Andover Active COVID-19 Cases by Week 7/nn on -"'- '-- o is nn 500 --- o roc cn 480 -457 — ---- -- n m. on 460 In, 440 Inn ninn inr420 I n i'7 400 -`-- 376 ---- 9 IN/1 A. -. G 1 -- IninI_ te 380 n. tnino (NI 360 �1.te. _ nc .. 340 .- 322 9I/99 lin. -_.. ..-- 1 1 i1 o i m 320- ---- et�a¢... _._ _ nno .._ 300 �nin Inn a n in n n r Z 280 ---. 12/16 236 5 260 y 240 12/23 240ca 220 12/30 457 ; 200 171 .�1 a 180 -- 1/6 322 160 _- 140 - 1/13 376 120 99 7-91_99 --85 1/20/22 171 100 68 74 61 53 1/27 99 60- _ `=50.. 39_ 47.. 3g. 36 _32 29 --- 30-33 28.31 32':3.4.27 35 27 33_34 31 28-25- 24 25- 2/3 68 40 20-.1'2=g 12=12 14'18 20 16 - - — - 20 2/10 50 - o MEN _ 2/17 32. ^,�ti^o°�.�6^�o�ti`��ti��^��ti°°��\'�°�\,��.��d\�aa�ti��y°��h��ti�^��o ono\o�,�6�ytx �\,��\A\�o bra\'O\, °�.9�� yo 0�6\�oo\,y� 2/24 20 3/3 12 Date 3/10 8 3/17 12 3/24 12 3/31 14 4/7 18 4/14 29 . 4/22 39 4/28 61 ...._..-_.._._._ 5/5 91 5/12 99 __ _..__... . _____...._---_. __ . ............ 5/19 74 5/26 85 6/3 47 6/10 53 Date Percent Positivity NA 14-Day Per2cent Positivity of Tests 21.0 20 _ 20.0 19.0 18.0 - 17 -- 17.0 16.0 -- -- - 15.0 -- 14.0 -12.6 _ T2 __12:112 2 > 13.0 _ y 11.0 10.2-1,0=1.0:1 10 .2_. . --10.-9:7 11 2 11:4 4 -- 10 d ------9:3: 9 2--- 9.4 9 2 10.0 8.9.88 - - - -g:6 - - --- 8 9.0 7:7 _ a 8.0 6.4--._._ 7.0 - 5.-7 o - -.., 6.0 - -4-7 400 - -3.9 2 9 3.0 - -2:2--. 1-8 2:3 - - - -1.4 ' 2.0 _ - - 1.0 0.0 - - Date i 3/31 2.3 4/7 2.9 4/14 3.5' 4/22 3.8 4/28 4.7' 5/5 6.9 5/12 9.3 5/19 12.1 _ 5/26 12.2 6/3 10.2 6/10 10 Date 14 Day Avg Incidence rate 14-Day North Andover Average Incidence Rate 250 238 _-- 227 200 - - m 150 150 U C N U C Q 100 89 > 78 0 65 57 5753 50 42 .41-38 31 2013 8 9 121517 28 29 30 22 1817 1819 212219 18 21 22 15 9 13 20 20181714.8 5 6lemma 0 - M O CO M O Ih M O CO O Ih �t - ti V N OD LO N M (0 M O N N N M N M N N M M N N � � N N N .- cam- a-- N N N M M M (h CO V -�I- V In to In M CO (O (D � � ti ti h M CO CO CO M 6) - O O O Date 4/22 17 4/28 28 5/5 29 5/12 42 5/19 57 Date 7 Day Avg Incidence Rate ... snlz Intl A 9n - - - 7-Day North Andover Average Incidence Rate 400.0 I 300.0 257 I `m - - o_ `6 190 200.0 159 156 I � U ' 87 86 100.0 - - 61 50 69 63-63 49 m 32 24 21 29 43 42 24 26 22 24 22 30 25 2129 2 p 15 g 6 7 8 14 18 2 2 1 2 3 3 18 17 15 18 17 ti 0.0 ee �\�� ^'eq� C'' C' °\��°��°�� Date 3T1T / 3/24 8 3/31 14 4/7 18 4/14 21 4/22 29 4/28 43 5/5 50 5/12 69 - 5/19 63 5/26 63 6/3 42 6/10 49 6/17 2 6/24 2 4 l� Date 2 Week Tests A-A. A?C/1 ,._.... _, _.._ _ .., .. ... _ .. ... .. Total Tests Administered in NA over 14 Days - 8,000 - -- 9 6,000 V 4916 m m 4360 4226 3885 E 4,000 -_._ 3647 _ � 277 2453 F 200 644 82RR 6971878 86601 a 964882197904Q 981t 83g 68 157� 016918 901 915 948 893 836 807 715 707 791 889 932 911 869 850 moll E z 0 b �o ^�o tit �o �� yo �3 �o �1 a �a h �ti �a o �3 ,�o �� a 1. �� y ti a h h ti o o 0 1 ^� ^� 1\ 1 l �� 1 ,��'4 o< to e anti 1 h� h� yeti o o� o� o�ti - - A� 1K AKIti 4 le �� 19 o� a1 o�� 10,4 14^o�'`,o�ti^o\ti _. Date i 3/31 1697 4/7 1878 4/14 1860, 4122 2018 _ - --- 4/28 1965 5/5 1882" 5/12 1978 5/19 2040 5126 1981 613 1834 6/10 1689 - 6/17 1517 6/24 1442 7/1 1350' 7/8 1200 7/15 1016 7/22 918 7128 901 " - 8/4 915 Date Hospitilizations ICU Intubated 12116 1473 319 184 12123 1636 378 242 12/30 1954 387 243 Hospitalizations,ICU and Intubated Patients in Massachusetts O Hospltd—fi ns ■ICU ®Wubated 3180 3144 3000 ..__..._-___._. --- - ---_.__- 2524 2621 1954 'S 2000 1636 1661 E 1161 r 1000776 - 866 814 056 868_ 743 .._....-___.._.._____758-- 764-. 696 Sgg 616 573 $91 590 69d 547 526 552 560 S6D 582 587 606 16 62 96 512 431 `105 411 459 "1 242 243 259 Q78 280 237 161 11 3B3 280 228 234 221 210 307 384 1214 63 6T31 ¢0 ai 316 371 249 345 2}1 3i0 58 531 g6 1 4 4A5 4$1 357 4q5 4$3 52 1!0 459 [1-1 572 [24 1'391 5�i5 144 I'll IM3 22U54tb 0 12123 12130 1/6 1113 120 1127 2/3 21111 2117 224 3/3 3/10 3117 3124 3131 4/1 4114 4122 4/28 5/5 5/12 5119 5/26 613 6110 6117 6/24 7/1 7/8 7/15 7122 7128 814 8/11 8118 8/25 9/1 918 9115 9122 9129 10/6 10113 10120 10/27 Data - -----. 7/15-- .-552— 46"...._____. .__.__—___—- - 722 589 52 20 728 616 48 19 8/4 560 57 15 Bill 560 57 12 8/18 582 64 24 825 587 67 29 9/1 606 56 21 918 573 55 15 9116 591 48 14 9122 590 50 11 929 694 48 13� 10/6 758 72 22 10113 856 70 27 - 1020 868 85 34 1027 764 61 23 t 0-9 0 10-19 0 North Andover Deaths by Age 20-29 0 40 39 30-39 0 40-49 2 50-59 2 30 60-69 9 25 26 70-79 25 80-89 26 E 20 90 + 39 z 9 Total 103 10 Updated: 10/20/22 0 0 0 0 2 2 0 - 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90+ Age r � YOUR VOICE t .. ... NMI, . ., Andover and North Andover are looking for your input on strengths, challenges, and opportunities for improving the health of the community. Let your voice be heard. Take our confidential survey: b Uy/22anasurvey A ' YOUR VOICE MA TTERS Zi. • � !s�: K.� ` . � .r• � #a �;,a.'� �!".S�'��f��, �+ Andoverand North Andover are looking for your input on strengths, challenges, and opportunities for improving of • Let your • be heard. Take our • • ' • YOUR 7 ai f W_ONE j MA' TT RS Andover and North Andover are looking for your input on strengths, challenges, and opportunities for improving the health of the community. Let your voice be heard. Take our confidential survey: bit.ly/22a nasu rvey_ Do you live in Andover or North Andover? WE WANT TO FROM HEARY The towns of Andover and North Andover are conducting a survey of the community's needs to PARTICIPATE better understand the various social, economic, TODAY! and health issues that residents are facing. Go to bit.1 /22anasurvey or scan the QR code to y answer the online survey about the issues facing r 1.001 your community. The survey closes on Friday, November 18th, 2022 y Health Resources in Action .rldh1a7i1ri JN Public Flealflr and Medical Research Andover and North Andover are looking for your input on strengths, challenges, and opportunities for improving the health of the community. Let your voice be heard. Take our confidential survey: bit.1y/22anasurvey, YOUR VOICE MATTERS -,i ANDOVER AND NORTH ANDOVER ARE LOOKING FOR YOUR INPUT ON STRENGTHS, �'HALLENGES, AND OPPORTUNITIES FOR IMPROVING THE HEALTH OF THE COMMUNITY. LET YOUR VOICE BE HEARD. TAKE OUR CONFIDENTIAL SURVEY: BIT.LY/22ANASURVEY