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HomeMy WebLinkAbout2023-03-30 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—March 30, 2023 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org Present: Michelle Davis,Dr.Patrick Scanlon,Jennifer Abou-Ezzi,Jennifer LeBourdais,Joseph McCarthy, Brian LaGrasse,Stephen Casey Jr,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 A. Meeting Minutes from February 13 2023 presented for signature. Motion made by Dr.Patrick Scanlon for approval,seconded by Joseph McCarthy,all in favor,minutes approved.(5-0-0) IV. OLD BUSINESS A. Plastic Bag Restriction—Nancy Sarro and Keith Connors from the North Andover Citizens for Sustainable Living Committee Nancy Sarro and Keith Connors have come before the Board to seek support from for the Warrant Article submission for the 2023 Annual Town Meeting to regulate the use of single-use plastic checkout bags in the Town. (See Appendix A.) This is the second appearance before the Board. This visit is to focus on a major change the committee has made and other concerns the Board of Health had mentioned. There will be three items to be discussed;business input,Board of Health discretion of enforcing,and cost impact to the business. Twenty business where visited. Eleven were supportive, six small businesses had concerns or were unwilling to discuss,one business owner with multiple business had concerns,one business deferred to corporate. In addition to the twenty,many businesses in town are part of chains which already accommodate similar regulations in many other towns.(TJ Maxx,Kohl's,Market Basket,Stop&Shop,CVS,Petco)The following businesses were supportive: Tripoli,Butcher Boy,Perfectos,Shunju,J&M Subs,Boston Chowder,and Jimmy's. Mostly businesses with concerns were smaller establishments. Smaller business may have a harder time adjusting to change. Nancy researched towns with the ban and most do not have a size threshold,for those that do,there is a precedent for using 3000 square feet. This size threshold is implemented in Haverhill,Plymouth,and Lowell. The 3000 square foot thresh hold will reduce the impact on the Health Department. The committee targeted 35 businesses to see how big they are. Of those 35 businesses(no large chains),over half will fall below the threshold. There was not any wording from towns/cities for the health department to use a permanent exemption. Paper bags may cost about twice as much as plastic bags but this will be mitigated by expected increased use of reusable bags. Because other towns/cities use plastic bag restrictions,businesses will not be at a competitive disadvantage. 2023 North Andover Board of Health Meeting Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Joseph McCarthy,Member. Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. Michelle Davis asks if there is any funding for both businesses and/or boards to help support change. The committee looked into funding and was unable to find any grants to be used for businesses and/or boards. Joe McCarthy discusses plastic bags being recycled and biodegradability. Joe explains that plastic bags are biodegradable but it takes 100 years. Nancy states that when plastic is burned toxins are released into the air. Joe explains that plastic bags do not affect human health when they are disposed of by incineration. The Commonwealth of Massachusetts has a sophisticated air pollution control on trash incinerators. The incinerators have scrubbers that remove toxins. There are stringent federal and state requirements. Joe is a chemical engineer and managed a large waste energy facility in the past. Joe still works in this field. Joe does say that if one looks at the sides of any street plastic bags are all over,but so is glass and metal. People do not seem to care about the environment. Trash is burned to produce electricity. Nancy states that the committee has sources that express concerns. Joe and the committee debate various issues about recycling and incineration. Brian LaGrasse asks if the cost increases are passed on to the customers which ultimately is up to the businesses. Some may charge a fee and others may build it into the cost. Cost varies between size and shape for both paper and plastic. Nancy found from various sources that the price difference maybe four cents versus eight cents but it does vary. Business concerns were about cost,and one more regulation to have to deal with. Brian explains that these businesses are regulated heavily. Dr.Patrick Scanlon is concerned about the increased stress on the Health Department,which is already stressed with the pandemic and getting back into normal day-today activities. Patrick believes that it is asking a lot without any increased funding to add new positions. A third party is used for various food inspections. Nancy hopes it is not an increased burden. Michelle Davis states with 139 business 20 is not a well- represented number. Joe is concerned for the Department which is already over taxed and stressed. Also,the towns trash is disposed of in the incinerator which generates electricity and a small portion is plastic bags. Joe's feeling is not right now,maybe in the future. Patrick asks if they have studied the environmental impact of communities with the plastic bag bans. Results should be seen. The environmental impact has not been studied. Keith explains that the did read various articles with one from California shows,costs have reduced within the years period. Change has been positive. It raises visibility and awareness of people about the use of plastic and it brings plastic to the forefront. Patrick asks about creating a campaign for more locations that have plastic bag recycling. Only 5%of plastic gets recycled. Nancy explains that people do not recycle plastic bags,279 people took bags and only 7 recycled them at Market Basket. If it is not convenient,people are not going to do it. Keith explains that the plastic bag restriction will promote change. Jim Xenakis,701 Salem Street,Midtown Market, owner of four different businesses in North Andover. The small business community in North Andover has never seen an environment like this. In the past 24 years,one would see very few restaurants for sale in North Andover. Currently,there are nine restaurants for sale. The reason is that the restrictions have been onerous. It is not any one restriction,they have been piling up little by little. Over time it has been stressing the businesses.Retail businesses the changing economy with Amazon, Chewy,delivering things right to one's door. Jim states the small businesses mentioned are not supportive of the plastic bag restrictions. This is one more piece of the puzzle that makes it a little bit more difficult to do business in Massachusetts and specifically in North Andover. Jim has no doubt that the intentions are true,pure and hoping to help the overall picture of our global environment but a bag is a microscopic fraction of the plastic that is being consumed by the customer. It is counter- intuitive. Jim believes small businesses would be willing to do drop off locations for recyclables. The cost of paper bags is significant.It is a matter of three,four,or even five times the amount depending on the bag specifically. Paper bags are weighted to be able to hold beer,or wine. The cost of proper paper bags will be multiple times greater. Midtown Market strives to be a good corporate citizen,good corporate neighbors. They donate to the community and has been in business for 45 years. This possible regulation has pushed Jim a little bit to the max of what can be tolerated from the community. It does take a lot for a small business owner to speak out. Peers in the industry are concerned about voicing their concerns because of controversy surrounding them or by extension to the businesses. Jim wants to represent the small business people who are possibly 3100 square feet. The chemicals that go into creating a paper bag and recycling a paper bag are not a win-win and without a negative impact on the other side. Jim encourages the Board to continue to vet this regulation and hopefully come up with the right decision. Patrick would like to reach out to the community to increase awareness and create more recycling availabilities as opposed to a complete shift to banning. He believes the cost will be pushed to the customer. The economy has been impacted. Lynn Langton, 10 Surrey Drive—Lynn is part of the North Andover Citizens for Sustainable Living Committee(NACSL). Plastics are not healthy. This is why 67%of Massachusetts are eliminating the plastic bags which is 154 towns. Plastic is not good for our health,the environment or climate change. Plastic bags are made out of fossil fuels and that contributes to climate change. Plastic bags contribute to litter. The NACSL is asking the Health Board to get behind the warrant. The citizens love our businesses too. The NACSL does not want businesses to pay two,three or four times more for paper North Andover Board of Health Meeting Minutes Thursday—March 30, 2023 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org bags,they want to go to with renewables. The campaign should be to bring your own bag,love your business. People do not use the recycling bins that are available. The goal is to eliminate the use of plastic bags and move towards reusable. Promote reusables which is the bottom line. Lynn thanks the Board. Keith Connors(NACSL)points out that there is a fee for plastic bags,they are not free. Patrick discusses packaging waste which should be reduced. Patrick points out the convenience of picking up a pizza at Taki's and recycling the plastic bags.There should be a middle ground. Nancy (NACSL)wants people completely off plastic bags for many reasons and a campaign,in her opinion is not going to do that. Nancy and her church purchased 200 reusable bags and handed them out for free at Market Basket yet she still sees carriages full of plastic bags. Some people will not change,others will be influenced by a campaign. Michelle asks if NACSL has worked with the Merchants Association with the restriction. NACSL did not hear back from the Merchants Association. They were not interested in a presentation. V. PUBLIC HEARING A. Tobacco Permit Request—Jigar Patel,Main Street Liquors,64 Main Street Jennifer Abou-Ezzi,makes a MOTION to open the Public Hearing. Seconded by Dr.Patrick Scanlon. All in Favor.(5-0-0) Brian LaGrasse explains that the regulation passed a few years ago that set a cap on the tobacco permits for the Town of North Andover. Ronald Beauregard,Tobacco Control Agent,has been invited to the meeting to help the Board work through the interpretations of the Town of North Andover,Board of Health, Regulating the Sale and Use of Tobacco Products Regulations(see Appendix B). The Board can discuss the interpretation of the regulation. The Regulation states that 4.14 At any time, there shall be no more than SIXTEEN(16) TOBACCO Product Sales Permits issued in the Town of North Andover...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. Section 2:Definitions 2.1 Adult-Only Retail Tobacco Establishment: An establishment that does not share space with another business, that shall have a separate 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 ofpersons 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 applicable state licenses. Entrance to the establishment must be 2023 North Andover Board of Health Meeting Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Joseph McCarthy,Member. Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. 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. North Andover currently has 15 tobacco permit holders(See Appendix Q. These establishments are prohibited from the sale of all flavors of tobacco and vaping products. These vaping products can only be sold in an Adult-Only Establishment. Brian is asking if it is 16 total with one permit dedicated solely or reserved to an Adult-Only Retail Tobacco Establishment or is it 16 total tobacco permits. Jigar Patel is reopening Main Street Liquors,64 Main Street,under new ownership. The business has been fully renovated. Jigar is looking to be granted a license to sell tobacco and will not be an Adult-Only Retail Tobacco Establishment. Brian seeks Ron's expertise in the legalities of this issue. Ron reviews the language in the regulation. In the Town of North Andover Board of Health Regulating the Sale and Use of Tobacco Products,the interpretation is not to reserve one permit for an Adult-Only Establishment. If this permit is taken by Main Street Liquors,there will not be another tobacco permit available to operate any establishment. No variance is needed. Ron discusses sections 4.16 and 4.17 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. The closest retailer would be Richdale Dairy Stores,4 Main Street,which is more than 500' and the closest school is Saint Michael which is also more than 500'. Jigar and Amit Patel are requesting the board to grant the tobacco permit. Ron asks for the Statement of Acknowledgement for Tobacco Sales Permit to be signed. (See Appendix D). No motion is needed to be issued the last tobacco permit. Michelle Davis,MOTION to close the Public Hearing.All in favor(5-0-0) VI. PUBLIC HEARING A. Tobacco Violation Appeal—Michael Xenakis,Midtown Market,701 Salem Street Jennifer LeBourdais,MOTION to open the Public Hearing. Seconded by Jennifer Abou-Ezzi. All in Favor.(5-0-0) Ron Beauregard,Tobacco Control,-a compliance check was completed at Midtown Market,701 Salem Street on March 7,2023 at approximately 10:25 a.m.,and unfortunately there was a sale of a tobacco product to a person under the age of 21 which is in violation of state law 105 CMR 665.010(A). (See Appendix E). This is a minimum fine of a thousand dollars(1,000). Ron asks Jim Xenakis to proceed with a statement to address the Board. Jim explains that a mistake was made. For 24 years,the store on Salem Street has never had an alcohol violation. In 7 years,Mike's Market has never had an alcohol violation. ' Jim believes in businesses being held accountable but there is a point where it becomes punitive to the clerk and is a substantial cost for the clerk and or the business to bear. Jim asks the board to consider mitigating circumstance to the violation. Brian LaGrasse explains the fine was one hundred dollars(100)before the state changed the state regulations and now it is one thousand(1000).The jump is substantial. Boards do not want to see any sales to minors and this is way the state raised the fine to be a deterrent to keep it from happening. The decision is up to the Board of Health to determine whether the fine is to be modified. Ron focuses on education. This new law has been difficult on retailers. Ron pushes to ID everyone. The order can be modified or withdrawn. The Board of Health shall sustain,modify or withdraw the order and shall inform the petitioner,the appellant,in writing of the decision. If the Board sustains or modifies the order it shall be carried out within the time period allotted. The instructions that the Boards of Health Programs throughout the state have received is that the only issue for appeal is whether or not a sale occurred and that modification of the fine amount. Ron does not have any authority to waive the fine,he is obligated under the stature. Ron would object to the fine being withdrawn because the sale to a minor was made. Joe is open to reducing the fine and asks the Board to further discuss. Patrick is concerned about the precedent of reducing the fine. The Board of Health has seen these circumstances before. Jim discusses that in North North Andover Board of Health Meeting Minutes Thursday—March 30,2023 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org Andover,small businesses have the clerk responsible for the fine. He does not want to burden his employee with the cost of the fine. The most recent re-write of the local tobacco regulations does not include the provision of the employee being responsible for the payment of the fine. It would be the business itself. Brian explains the time frame for payment can be modified. This is the fourth violation in North Andover for Tobacco Sales to Minors. Out of fifteen store compliance checks,the town has had a total of four sales to minors. Before 2020,North Andover may have one every couple of years. Jim asks if the Board would consider a suspension of a license as opposed to issue a fine. Ron discusses the State Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems 105 CMR 665.00(See Appendix F). A suspension is up to thirty-days. Jim wants to hold his staff accountable now and in the future. Brian believes suspension should be on the table,however,it has not been well received in the past. If a business does not do a large number of sales,a suspension could be one way to help mitigate the effect of a large fine. Suspension has impacted people a lot more than a fine. Patrick is not opposed to a thirty-day suspension. Jim recommends five hundred dollars. He believes a thirty-day suspension would be worse than the thousand dollars fine. Jennifer LeBourdais comments on a recent decision with a similar situation and the decision was to uphold the thousand dollars fine. The Board discusses suspension and fines past and future. Brian recommends if the Board chooses to modify the fine, combine suspension as well as required additional training through the Tobacco Task Force. Patrick would like information on local area board decisions. Patrick recommends a five hundred-dollar fine with a seven-day suspension,including training,however,he is concerned about setting a precedence. Joe reviews the 2019 town regulations which were three hundred dollars and license suspended for seven days for first offence,three hundred dollars for the second offense and license suspension for up to thirty-days. Joe would recommend a fine of three hundred dollars(300)or five hundred dollars(500)with a suspension of seven days and additional training by the task force. Jim feels a seven-day suspension would have a lasting impact on the business. Jim welcomes additional training. Jennifer LeBourdais recommends a five hundred dollar fine with a 14-day suspension. Jim would rather stay with the thousand dollars fine. Jim believes the one positive thing that comes from this is he hopes that there is maybe a greater light shining upon the fact that this structure of penalties is broken. Jim feels bad for Ron for having to enforce them. Deep down,Jim believes Ron knows that its punitive to the extent of the inability to have one hundred percent(100%)compliance. Jim is looking for the least impact on the business and to the staff. What happens tonight will impact if there is an infraction in the future. Michelle Davis discusses a payment plan for the thousand dollars fine. Joe leans towards consistency with the previous fine appeal which was the full fee of one thousand dollars. 2023 North Andover Board of Health Meeting Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Joseph McCarthy,Member. Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. Jennifer LeBourdais,MOTION to close the Public Hearing. Seconded by Dr.Patrick Scanlon. All in Favor(5-0-0) Dr.Patrick Scanlon,MOTION to keep the fine as is. Seconded by Jennifer Abou-Ezzi. All in Favor. (5- 0-0) The fine has been sustained to one thousand dollars. The feelings are that the fine is exuberant however it has been set by the Commonwealth of Massachusetts and has also been paid by other businesses in North Andover. Brian would like to address education as a Department and a Board. Brian invites Jim to a meeting to further discuss the issues of tobacco sales. The Board thanks Ron Beauregard for his expertise and guidance. VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. COVID-19 Updates—Brian LaGrasse-COVID-19 Restrictions will be lifted on May 11,2023. There are five active cases in North Andover. Carolyn Lam states that vaccinations are down. B. The Public Health Excellence Grant—the Shared Services Coordinator position has been posted. . Twenty-five resumes have been received. A sub-committee is in the process of reviewing. C. The Community Health Assessment Grant is in the planning phase for the goals,objectives,and strategies to implement the Community Health Improvement plan,which is in the process of being D. Joseph McCarthy announces that this will be his last meeting because of moving from North Andover. Joe reviews past meetings and issues. VIII. ADJOURNMENT MOTION made by Joseph McCarty to adjourn the meeting. Seconded,by Dr.Patrick Scanlon,all in favor, MOTION approved.The meeting adjourned at 8:50 pm.(5-0-0) North Andover Board of Health Meeting Minutes Thursday—March 30,2023 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 bv: All Board of Health Members&Brian LaGrasse, Health Director Signed by: Dr. Patrick on, Clerk of Board Date Signed 2023 North Andover Board of Health Meeting Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member;Joseph McCarthy,Member. Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. Documents Used At Meeting: Agenda Presentation by:NACSL Food Establishment Schedule 2023(no churches,schools or nonprofits) Petition—Warrant Article add new general bylaw—"Reduction of single use plastic checkout bags" Email—Plastic bags—square footage on leased areas—Samuel Cheney,Dawne Warren,Toni K.Wolfenden Notice from the North Andover Board of Health to All Retailers in North Andover that Sell Tobacco Products,Town of North Andover,Board of Health Regulating the Sale and Use of Tobacco Products Tobacco Permit Holders Statement of Acknowledgement for the Tobacco Sales Permit Correspondence—Letters from Mr.Jigar Patel and Brian LaGrasse,Director,North Andover Board of Health Correspondence—Letter from Ronald N.Beauregard,Tobacco Control Program Director,Letter from Mike Xenakis to the Board of Health,Letter to Michael Xenakis from Stephen Casey,Health Inspector 105 CMR 665.000 Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems Individuals Present and Contributed to Meeting North Andover Board of Health Meeting Minutes Thursday—March 30, 2023 7:00 p.m. 120 Main Street, Board of Select Room Live broadcast can be heard on www.northandovercam.org Present and Contributed to Board of Health Meeting March 30, 2023 Ronald Beauregard—Tobacco Control,36 Bartlet Street Andover Town Hall Jim Xenakis—Midtown Market,701 Salem Street Jigar Patel—Main Street Liquors,64 Main Street Amit Patel—Main Street Liquors,64 Main Street Nancy Sarro—NACSL,44 Equestrian Drive Keith Connors—NACSL,4 Village Green Drive Lynn Langton—NACSL,10 Surrey Drive 2023 North Andover Board of Health Meeting Note: The Board of Health reserve 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: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezs RN,Member;Jennifer LeBourdais,RN,Member;Joseph McCarthy,Member. Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. North Andover Board of Health Meeting Agenda Thursday, March 30, 2023 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. February 13,2023 IV. NEW BUSINESS V. OLD BUSINESS A. Plastic Bag Restriction-Nancy Sarro&Keith Connors-North Andover Citizens for Sustainable Living Committee VI. PUBLIC HEARING A. Tobacco Permit Request-Jigar Patel,Main Street Liquors,64 Main Street B. Tobacco Violation Appeal-Michael Xenakis,Midtown Market,701 Salem Street VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS A. COVID19-Updates 2023 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,Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi,RN,Member;Jennifer LeBourdais,RN,Member. Department Staff:Brian LaGrasse,Health Director;Stephen Casey, Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. An Initiative to Promote Reusable and Recyclable Bags in North Andover, MA Presented by: '� NACS North Andover Citizens for Sustainable Living Board of Health Issues raised • Business Input needed • Some other towns have BOH discretion in enforcing • Cost impact for businesses Business Input Our team visited 20 businesses. Here is what we found: . 11 businesses only use paper or had minor or no concerns . 6 small businesses had concerns or unwilling to discuss • 1 business owner with multiple businesses had concerns • 1 business likely supportive but needs follow-up with owner • 1 business (Rocky's hardware) deferred to Corporate Many businesses in town are part of chains which have already accommodate similar regulations in many other towns, including - o TJ Maxx, Kohl's, Market Basket, Stop & Shop, CVS, Petco o Rocky's Hardware (visited but deferred to Corporate) Business Accommodation Based on the business feedback and being sensitive to small business needs, we amended the warrant article to incorporate a 3,000 sq . ft. threshold . The result accommodates all those businesses that had concerns except for one of three businesses associated with one business owner. Note — most other towns that we looked at do not have a size threshold . Of those that do, 3,000 square feet is the most common . } I - Business Accommodation The 3,000 square foot threshold will reduce the impact on the Health Department. Before deciding on this threshold we targeted 35 independent businesses (not part of large chains) to look at, and of those over half are clearly below the threshold . BOH Discretion The 2 towns mentioned by a BOH member (and noted below) include some BOH discretion but only for implementation timeframe, not permanent discretion • Andover and Haverhill — Allow for waivers of up to 6 months — • We elected not to do this as businesses will have over 7 months to comply and an additional month before fines would apply Cost impact for businesses Cannot fully quantify as there are many variables such as — • Type, size, shape and quantity of plastic bags currently used • Type, size, shape and quantity of paper bags to be used • Increased use of reusable bags expected • We have some data that paper bags may cost about twice as much, but this will be mitigated by expected increased use of reusable bags, and by retailers being creative about not always defaulting to providing a bag. • Given that many communities around us also have bag restrictions, businesses will not be at a competitive disadvantage • Businesses have the option to charge for paper bags Warrant Article Details Q: What businesses does this warrant article affect? A: All of those selling human and animal food products, and which also have more than 3,000 square feet of finished floor area Examples: Market Basket, TJ Maxx, Petco, CVS, Bertucci's Q: Who is not affected? A: Those not selling food products AND Schools, Non-profits, Festivals, Religious Institutions Q: How would this be enforced? A: By the North Andover Health Department. Q: When would it start? A: January 1, 2024 We humbly ask you to Recommend Favorable Action or to Endorse Article 14! . ,.A \ ' A iHAI KITCHEN �, pp- F� • - • nandovercsl@gmaii.com An Initiative to Promote Reusable and Recyclable Bags in North Andover, MA *00 0 Presented by: 7%, % 4 0 ACSL 4w N Fpp:nGx A. Overview 1 . The Plastic Problem — Volume, Health, & Recycling 2 . The Current Status of Plastic Bag Regulation in Our State and Local Region 3 . Warrant Proposal and Associated Benefits NOTES: The Plastic Problem—As it relates to Volume, Health & Recycling The PlasticProblem : Sheer Vo NACSCk NOTES: Looking at the plastic problem by its sheer volume—a quantity that is overwhelming our land and seas. "By 2050, oceans will contain more plastic than fish by weight" -Ellen MacArthur Foundation Source:The Dame Ellen MacArthur Foundation, in partnership with The World Economic Forum, "The New Plastics txonomy Hetn-MKTrrg-r�rtf 0j lReport, NOTES: • "By 2050, oceans will contain more plastic than fish by weight" • This quote is from a report funded by the Ellen Mac Arthur Foundation Alaska Garbage concentration Kilogramsper square . • 1 100 Atlantic Great Pacific Ocean Garbage Patch UNITED S! `. � Francisco � A Hawaii r y'. �1 Africa Source:The Ocean Cleanup https://theoceancleanup.com/great-pacific-garbage-patch/ • Plastic is so over produced that there are currently 5 large floating plastic islands in our oceans.The largest is in the Pacific Ocean, as seen in the lefthand photo, and is 3 times the size of France. A floating plastic island also exists in the Atlantic Ocean as seen on the right. NOTES: • Plastic that doesn't find its way into our oceans, becomes a disposal problem on land and the need for expanded landfills. • Plastic is everywhere and a blight on nature destroying the beauty of our natural land and seascapes. Our Town By The Numbers `4 ■ 365 plastic bags used annually per k s . person 1 ■ 30,915 North Andover population 2 11.3 million plastic bags are used by { -� our town per year r►.�..�.'.""_, " ..�_ "fie. - ,,. 1.National Geographic,2018,Fast facts about plastic pollution https://www.nationalge ra hic.corn scien 2.2020 US Census P0 Going from the global to the local, this slide considers the volume of plastic bag usage in our town. NOTES: According to a National Geographic article, each person uses approximately 365 plastic bags annually • Where North Andover has a population of 30,915 citizens according to the most recent census, this means approximately 11.3 million plastic bags are used by our town per year-that's a lot of plastic bags! Plastics Causing Local Litter Problems 1. IL • 1 Lin 71 '��r.� '��> > —� _.., x a N • The use of that may plastic bags creates a litter problem because even when plastic bags are disposed of properly, they can easily escape from recycling and trash bins,garbage trucks, and landfills causing visual blight and clogged drains. Clogged drains, of course, can lead to flooding and create a host of other problems. NOTES: • The three pictures on this slide are photos take from around town. • The left photo is fromTurnpike street,the center is from trash collected by citizens on EarthDay cleanup by Lake Coch- ichewick, and the right is recently from Becky's pond behind Rocky's hardware. The Plastic Problem : Harmful to Humans and Animals "Only humans make waste that nature can't digest." -Capt. Charles Moore, Oceanographer MICROPLASTICS samplesResearchers found evidence of plastic contamination in tissue liver, spleen and kidneys of donated human cadavers. fiy Macropl astics >2JOmm .17 NoMesoplastics -k- 5-200mm ' Microplastics 7 1mm-Smm _ g:k •ate Nanoplastics S ® .1mm www.foodsafetymagazine.com/mivoplasUc-contamination-of-thrfood- pply-chain Plastics takes 500-1,000 years to break down and never fully biodegrade. Instead, plastics break down into tiny particles of various sizes the smallest of which are called "Nanoplastics". These tiny particles end up in our water and soil contaminating our food chain and entering our body as shown in the illustration on the right. In case you can't read the caption, Those particles shown on the persons finger were taken from tissue samples collected from the lungs, liver, spleen and kidneys of humans. NOTES: Researchers estimate that the average person ingests more than 74,000 microparticles of plastic each year according to a 2020 published report in the Environmental Science &Technology magazine. Most of the plastics ever produced still exists in the world in some form or other threatening animal and human health. Harmful to Marine and land Animals ■ Suffocate, choke, intestinal blockages and entanglement. ■ 100,000 marine animals are killed by plastic bags annually.' NACSLVw s ^Y � 1 • The pervasiveness of plastic waste in the ocean and on land harm and kill animals by entanglement, suffocation, choking and NOTES: intestinal blockages as these pictures illustrate. • 100,000 marine animals are killed by plastic bags annually. CausingHuman Harm DuringPlastic Production Plastic bags are made from _ climate warming fossil fuels. r a . p! f: In the United States, 12 million gallons of oil are required to produce plastic bags. Of all oil extracted annually, 8-10%of it is used in making plastics. The extraction process of fossil fuels harms humans by: • polluting the air with sulfur dioxide, nitrogen oxides and particulate matter causing acid rain, asthma, cancer, heart disease etc. NOTES: • polluting our water with arsenic, lead, chlorine and mercury leading to many human health problems (Environmental and Energy Study Institute found at'Eesi.org') Further,the burning of fossil fuels contributes to climate change causing weather extremes such as increasingly higher temperatures and droughts (resulting in the reduced water level at Lake Cochichewick), extreme winds and power outages, and floods. These weather abnormalities effect our food and water and our very existence. Causing Harm during Plastic Disposal North Andover incinerates its waste. Burning plastics emit dioxins, furans, and biphenols and phthalates. _ HTTPS://factor.Niels.nih,gov/2022/8/science highlights/burning-plastics NACSLV� • Harm to human and animal health also occurs in the disposal of plastic bags here in North Andover because North Andover incinerates its trash at Wheelabrator located on Holt Rd. NOTES: • When plastics are burned, they release toxic gases like dioxins, furans, biphenols and phthalates—these toxins that can disrupt neurodevelopment, endocrine, and reproductive functions. The Plastic Problem : Challenging to Recycle Many pgive .,... Plastic bags are p their best efforts to i not easy to recycle ! Y recycle... BUT ice► N �. RE i CURBSIDE COLLECTION cycu VER NORTH AN D 0 1 . SINGLE STitEAM MEANS:ALL THE FOLLOWING RECYCLABLES MAY BE NO WHAT YES All Plastic containers with the numbered recycle triangle No Deli or Salad Containers PLASTICS Soda,Water&Julce bottles No Black takeout container Plastic milk&juice bottoms/trays i ' YRecrae aecrcaE: containers No disposable silverware `- Rinsed out Juqs such as may, No spray bottle pumps and salad dressing o Styrofoam/bubble wrap Clear plastic take out lids No p astic bags we reran�mray and containers-rinsed BMW— Photo Credits: Right hand side—Market Basket in North Andover; Lefthand side—North Andover Recycling Flyer NOTES: Plastic bags are not accepted in North Andover's curbside recycling. .1;. ,z-r•.., . r ,,... S' „..��"""`,,,,.:,zr,�+,'„�v.. ,,,:"�-, ,. .�:,..�. , 1 'v.. ». • �"p w µ,.P,y'. .'s�.aV 4✓:J�9i b�'i .,.h" .t,.';`N'e,w.'^l.n m'4� ;•5t ... ,. ,,rx .e.: r.. Plastics Waste Management: 1960-2018 40,000,000 30,000,000 tA i 9 C G 20,000,000 10,000,000 0 r- 1960 1970 1980 1990 2000 2005 2010 2015 2017 2018 Year Click on legend items below to customize items displayed in the chart Recycled Composted Combustion with Energy Recovery Landfilled Source;ttps://www.epa.gov/facts This chart was generated by the EPA and illustrates how plastic waste is managed in our country. NOTES: You can see how how plastic waste has just exploded over the last 50 years and just how Kittle of it gets recycled.That is represented• by the dark blue. The light blue, is what is incinerated and the gray represents plastics going to landfill. i Only 5 % of plastic in the U . S . are recycled PP- . . Only 5% of plastic bags in the U.S. get recycled. NOTES: We tested this statistic by conducting our own simple survey of shoppers at the North Andover Market Basket. For 1 hour, we counted the number of customers that took plastic bags and the number of customers that returned them. The result- 273 shoppers took plastic bags at checkout and only 7 returned them. The Current Status of Plastic Bag : Regulation in Our State and Local Region Current Information on Plastic Bag Regulations m 154 Towns 67% of the states population *r�l MA cities & towns that currently regulate single use plastic shopping bags. NOTES: The dark colored green areas shown in the map represent 154 Massachusetts cities and towns that currently regulate single-use plastic shopping bags including most of North Andover's neighbors. This represents over 67% of the state's population. Source:sierraclub.org/Massachusetts N ACS�� Warrant Proposal and Associated Benefits Proposal To regulate checkout bags by requiring they are paper or reusable, at establishments that carry any type of food . r j L". IM i The reason why the proposal states "food "establishments is because this regulation will be enforced by our health department or their NOTES: contracted designee. Our health department inspects all establishments that serve or carry food even if the food is wrapped. Therefore, even establishments like TJ Maxx or CVS will be subject to this proposal as they carry wrapped food. Plastic Bags Allowed Under the Warrant , iZ07 •,i•--�� 100�E;•yf ' � r�1{{'�h 1 o r+•r i •J — 3 11AK^ n {birin V'. ''{ "1� ^_;I,.� , •_.fpy �' rat4u,uvun114.11na 1 . iI I r• TF' 50 V)(�� �_ -i➢I�aN/wJWN n gal This slide shows some of the many plastic bags that can still be used. NOTES: The ice, vegetables and chicken bags are allowed as they are not at check out. The dry cleaner and newspaper plastic bags are allowed because those business do not sell food. And lastly, you can still buy plastic garbage bags to line your trash cans Free Dog Poo Bags ! o � _ aes 40 dill Draft Warrant Article Details Q: What businesses does this warrant article affect? A: All of those selling human and animal food products. Examples: Market Basket, TJ Maxx, Petco, CVS, Bertucci's Q: Who is not affected? A: Those not selling food products AND Schools, Non-profits, Festivals, Religious Institutions Q: How would this be enforced? A: By the North Andover Health Department. Q: When would it start? A: January 1, 2024 North Andover - Challenges & Possible Solutions ■ Patron Cost Donated, reusable bags ■ Business Cost Paper bag use diminishes over time/ no plastic bag cost ,fill We understand this warrant article, which creates change, might pose a few challenges. We address some of those potential challenges in this slide. For example,we understand the cost of reusable bags for senior citizens and others on fixed incomes could be a challenge.To address that challenge, NACSL has secured free bags to give away to those who need it. NACSL may also seek grants and donations to purchase additional reusable bags. NOTES: Increased cost to retailers for paper bags: Since NACSL goal is to promote the use of reusable bags, paper bag costs by retailers will go down over time as more and more people use reusable bags. We expect retailers will save on overall packaging costs over time with the elimination of plastic bag costs and the reduction in paper bags. Benefits of PassingRegulationthe and UsingBagsReusable ■ Reduction in litter -- ---- ------------- — V 7��t ■ Won't cause harm to people, plants or animals • Lessen the use of fossil fuels i ■ Lessen the toxins emitting from our incinerator ■ Superior quality bag that won 't rip or tear and is more convenient to carry ■ Holds more items, less trips t., i Thankyou foryour interest in su ortin this initiative ! supporting Any Questions? Mpp - F • nandoveresl mail.com. • NOTES: We humbly ask for your support for this important initiative to help North Andover preserve its environment for future generations, and to join other local communities in sustainable living. Food Establishment Schedule 2023 - no churches, schools or Square nonprofits Type # Address Footage 1 786 Shell***New Aug 2022*** retail 1503 Osgood Street 2 1A.L. Prime Energy Limited Food Service 1725 Turnpike Street Amici's Pizza&Subs-opened Fall 2018 15 3 1 st Street Food Service 15 First Street 4 Andiamo's**New Fall 2022** Food Service 1268 Osgood Street 5 Aroma Joe's**new winter 2023** Food Service 1503 Osgood Street 6 Ashland Farms Food Service 700 Chickering Road 7 b.good Food Service 99 Turnpike Street 8 Barkers Farm (inspect once a year) Seasonal 1267 Osgood Street 9 Bella's Food Service 1211 Osgood Street 10 Bertucci's Brick Oven Pizza Food Service 435 Andover Street 11 Bollywood Grill Food Service/Caterer 350 Winthrop Avenue 12 BostonArtCakes***new**** Residential Kitchen 515 Waverly Road 13 Boston Chowda Company Food Service 109 Main Street 14 Boston Hill Farm Stand Food Service 1370 Turnpike Street 15 Brightview North Andover Food Service 1275 Turnpike Street 16 Buono Bistro Food Service 220 Sutton Street 17 Burger King#260(50 Peters Street) Food Service/Frozen 188 Turnpike Street 18 Burton's Grill Food Service 107 Turnpike Street 19 Butcher Boy Market Supermarket/Caterer 1077 Osgood Street 20 Cakes by Design Edible Art Limited Food Service 4 Johnson Street 21 Candy Dish Limited Food Service 1820 Turnpike Street 22 Casa Blanca Mexican Rest. Food Service 1070 Osgood Street 23 China Blossom Food Service 946 Osgood Street 24 China Wok Restaurant Food Service 129-C Main Street 25 Chipotle Mexican Grill Food Service 93 Turnpike Street 26 Choice Fitness Limited Food Service 595 Chickering Road 27 Cochichewick Lodge Food Service 19 Johnson St. 28 Cookie Monstah** Mobil Food Truck Danvers, MA 01923 29 Cow's Rock Food Service 5 Johnson St. 30 Culpepper's Bar&Grille Food Service 815 Turnpike Street 31 CVS Pharmacy#1239 Retail 110 Turnpike Street 32 1CVS Pharmacy#209 Retail 115 Main Street 33 1 Den Rock Wines&Spirits Retail 54 Peters Street Food Establishment Schedule 2023 - no churches, schools or Square nonprofits Type # Address Footage 34 Dicor Restaurant Food Service 1060 Osgood Street 35 Dollar Tree Retail 525 Turnpike Street 36 Dominic's Diner Food Service 492 Sutton Street Dunkin Donuts-1018 Osgood Street 37 (Joshua) Food Service/Frozen 1018 Osgood Street Dunkin Donuts-535 Chickering Road (Quick 38 Pick) Food Service/Frozen 535 Chickering Road 39 Dunkin Donuts-733 Turnpike Street (Mica) Food Service/Frozen 733 Turnpike Street 40 Edifer Pizzeria Food Service 1812 Turnpike Street 41 Edgewood Retirement- Bakery- limited Limited Food Service 575 Osgood Street 42 Edgewood Retirement- Bistro/Pub Food Service 575 Osgood Street 43 Edgewood Retirement-Meadows Food service 575 Osgood Street 44 Edgewood Retirement Home Food Service 575 Osgood Street English Rose Cake Ship- Emily Simpson 45 978-933-1297 1 per yr S.C. Residential Kitchen 117 Bridle Path 46 Eva's Farm Organic Butcher Shop Supermarket 554 Turnpike Street 47 Fabiano's Food Service 133 Main Street 48 Family Sushi —inside Market Basket"' Food Service 350 Winthrop Avenue 49 Fari's Diner Food Service 350 Winthrop Avenue 50 Five Guys Food Service 115 Turnpike Street U:7 51 Friendly Toast Food Service/Catering 550 Turnike Street 52 Frosted Rose, The`*new"'S.C. Residential Kitchen 415 Waverly Road 53 Goldenseal Apothecary Food Service 70 Main St U: 101 54 Good Day Cafe Food Service 19 High Street(1) 55 Green Apple Cafe Food Service/Caterer 57 Water St. 56 Harrison's Roast Beef Food Service 80 Chickering Road 57 Heav'nly Donuts Food Service 50 Main Street 58 It's All Good in the Kitchen Food Service 119 Main Street Suite 1 59 J&M Subs, Seafood & Pizza Food Service 69 Main Street 60 Jade, North Andover opened April 2018 Food Service 1 High Street U: 24 61 Jaime's Restaurant Food Service/Caterer 25 High Street 62 Jet Nutrition Limited Food Service 109 Main Street 63 Jimmy's Famous Pizza/Cork Stop Food Service 1595 Osgood Street Food Establishment Schedule 2023 - no churches, schools or Square nonprofits Type # Address Footage 64 Joe Fish Restaurant Food Service/Caterer 1120 Osgood Street 65 1 Legends Gymnastics Limited Food Service 25 Commerce Ave 66 Liquor Junction**new** Retail 1280 Osgood Street 67 Little Sprouts Limited Food Service 2324 Turnpike Street 68 Lobster Tail Seafood Food Service 1081 Osgood Street 69 Loft Steak and Chop House Food Service 1140 Osgood Street 70 Londi's**New fall 2023** Food Service 350 Winthrop Avenue 71 Lots of Eats Food Service 1211 Osgood Street 72 Love Green Food Service 733 Turnpike Street U:4A Food 73 Mad Maggie's Ice Cream Service/Caterer/Froz 1025 Osgood Street 74 Main Street Liquors Retail 64 Main Street 75 Market Basket Supermarket 350 Winthrop Avenue 76 McDonald's Restaurant Food Service/Frozen 660 Chickering Road 77 Medi Weight Loss**New Spring 2023** Retail 997 Osgood Street Melt Food Truck- John Wakdins-508733- 78 9923, inspection 1 per year S. Casey 79 Merrimack College- Dunkin Donuts Food Service/Frozen 315 Turnpike Street Merrimack College-Library Cafe new 80 winter 2019 Food Service 315 Turnpike Street 81 Merrimack College Book Store Retail 315 Turnpike Street Merrimack College Residence @ Austin 82 Field Starbucks Food Service 315 Turnpike Street Merrimack College- Mobile Food on site 83 prep new 2019 Mobile-see email 315 Turnpike Street 84 Midtown Market Super Market 701 Salem Street 85 Mike's Market Limited Food Service 220 Middlesex Street Najwa's Ice Cream- Inspection 1 per year 9 Independence Dr. Methuen, 86 S. Casey Mobile-Annual MA 87 Niki's Famous Roast Beef Pizza and more Food Service 208 Sutton Street 88 Ninety-Nine Restaurant& Pub Food Service 267 Chickering Road 89 North Andover Country Club Food Service 500 Great Pond Road Food Establishment Schedule 2023 - no churches, schools or Square nonprofits Type # Address Footage North Andover Country Club Snack shak 90 (inspect once a year) S. Casey Seasonal 500 Great Pond Road 91 Orzo Restaurant Food Service/Caterer 1085 Osgood Street Pablo's Tacos**Luis Vargas 1 per year S.C. 92 978-436-0753 Mobile 1070 Osgood Street 93 Panera Bread Food Service 58 Peters Street 94 Pawfect CBD ****New 2022****S.C. Retail 10 Main Street 95 Perfecto's Cafe Food Service 1115 Osgood Street Pleasantly Sweet-Andrea Holmberg 925- 96 360-5306, andrea3122@yahoo.com Residential Kitchen 9 Pleasant Street Pipe Dream Cupcakes Nadine Levin 978- 97 397-9670 1 per yr S.C. Residential Kitchen 1661 Great Pond Road 98 Pipe Dream Cupcakes (inspect once a year) Mobile 1661 Great Pond Road 99 Pita Thyme Food Service 550 Turnpike Street 100 Pizza Factory Food Service 535 Chickering Road 101 Prescott House Nursing Home Food Service 140 Prescott Street 102 Quic Pic Retail 535 Chickering Road 103 Richdale#5 Chickering Road Limited Food Service 75 Chickering Road 104 Richdale#52 Main Street Limited Food Service 4 Main Street 105 Rocky's Ace Hardware Retail 50 Peters Street 106 Rolf Food Service 39 Main Street Roberto's Seafood (Robert Roberto-617- 107 529-5701) 1per yr S.C. Mobile 59 Essex St Saugus, MA 108 Sal's Just Pizza Food Service/Frozen 490 Main Street 109 Sam's Mobil Mart Retail 12 Massachusetts Avenue 110 Sargent School Nonprofit 300 Abbott Street 111 Shadi's Restaurant Food Service/Caterer 585 Chickering Road 112 Shunju Chinese&Japanese Cuisine Food Service/Caterer 733 Turnpike Street 113 Smolak Farms-Catering Tent(1 x/yr) 315 South Bradford Street Food Service/Frozen/Caterer/ 114 Smolak Farms-Main Kitchen& Ice Cream Limited 315 South Bradford Street Smolak Farms special events (food events 115 in Barn) (1x/yr) 1 315 South Bradford Street Food Establishment Schedule 2023 - no churches, schools or Square nonprofits Type # Address Footage 116 Spectrum Adult Day Health Food Service 1820 Turnpike Street 117 1 St. Mary's Pharmacy Retail 1060 Osgood Street 118 Stachey's II Food Service/Caterer 21 High Street 119 Staples Retail 73 Turnpike Street 120 Starbucks'Coffee Food Service 562 Turnpike Street 121 Starbucks' Coffee**new** Food Service 419 Andover Street 122 Stop&Shop Supermarket 757 Turnpike Street 123 Subway Food Service 137 Turnpike Street 124 Sutton Hill Nursing & Rehab Center Food Service 1801 Turnpike Street Sweet Elia's Custom Cookies- Deb Corsi 978-265-5354 Inspected by S. Casey once 125 per year Residential Kitchen 114 Glencrest Drive 126 IT.J. Maxx#442 Retail 350 Winthrop Avenue 127 Taki's Pizza Food Service/Frozen 701 Salem Street 128 Tavern on High Food Service 18 High Street 129 Thyme Restaurant Food Service 97 Turnpike Street Town Mart-gas station 260 Winthrop Ave- 130 new 2018 Limited Food Service 260 Winthrop Avenue 131 1Tres Latinas**Veronica Antich-Fjeld 978- 652 Andover St Lawrence, 758-5388 Inspected I per year Mobile MA 132 Tripoli Bakery& Pizza Food Service 542 Turnpike Street 133 Upper Crust Pizza**new summer 2022** Food Service 166 Sutton Street 134 Van Otis Candies Limited Food Service 25 Main Street 135 VFW Club 2104 Limited Food Service 32 Park Street 136 Walgreens#10209 Retail 800 Waverley Road Whoopie Wagon (Chris Bandereck 978-887 426 B Boston Street 137 0795) 1 per yr S.C. Mobile Topsfield, MA Wine& Beer at the Andovers-new owners 138 early Fall 2018 350 Winthrop Avenue 139 IYe Olde Pepper Co. Candy Shoppe Limited Food Service 59 Main Street Warrant Article : Add New General Bylaw- "Reduction of single-use plastic checkout bags": To see if the Town will vote to amend the General By-Laws,by adding to Chapter 160"Solid Waste",Article III"Recycling", a new section, §160-10, "Reduction of single-use plastic checkout bags"as follows: § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single- use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment, including,but not limited to: contributing to pollution of land,waterways, and oceans; contributing to the death of land and marine animals through ingestion and entanglement; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil. Plastic bags also affect human health by addingpollutants to the air breathed during the . process of extracting oil from the ground,when they are disposed of by incineration, and when they break down into microplastics(pieces<5mm) adding toxic elements to the air,groundwater and seawater. Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans, bivalves and other ocean life moving up the food chain to ultimately disrupt human health. Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags demonstrates the Town's concern for the Town, its citizens and the planet. § 148-2 Definitions. a) "Checkout bag", a carryout bag provided by a store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag" mearLs a paper bag that is (1) 100 percent recyclable including, if present,the handles; (2) contains at least 40%post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post-consumer recycled content" (or other applicable amount) in a visible manner on the outside of the bag. c) "Reusable checkout bag", a bag that (1) if it has handles, the handles are stitched and not heat fused; and (2) is made of either (a) natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or (b) plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene (including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or polyvinyl chloride. d) "Food establishment" shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment" does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L. c. 12 or public or private schools. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d) provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §148-4. Enforcement and Penalties. a. This bylaw shall be enforced by the Health Department, and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to, a non- criminal disposition as provided by M.G.L. c. 40 § 21D and the Town of North Andover General Bylaw Chapter 1,Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation. The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period, if the violation has not been cured, a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1, 2024 to allow time for food establishments to use their existing inventory of non-compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason,the remainder of this bylaw shall continue in force. or take any other action relative thereto. North Andover Sustainability Committee Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: This Bylaw prohibits food establishments from distributing single use plastic check out bags. The Bylaw will not be implemented until January,2024. An affirmative vote will approve the single use plastic checkout bag ban. Warrant Article : Add New General Bylaw- "Reduction of single-use plastic checkout bags„: To see if the Town will vote to amend the General By-Laws,by adding to Chapter 160 "Solid Waste",Article III"Recycling", a new section, §160-10, "Reduction of single-use plastic checkout bags"as follows: § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single- use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment,including,but not limited to: contributing to pollution of land,waterways,and oceans; contributing to the death of land and marine animals through ingestion and entanglement; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil. Plastic bags also affect human health by adding pollutants to the air breathed during the . process of extracting oil from the ground,when they are disposed of by incineration,and when they break down into microplastics (pieces<5mm) adding toxic elements to the air, groundwater and seawater.Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans, bivalves and other ocean life moving up the food chain to ultimately disrupt human health. Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags demonstrates the Town's concern for the Town,its citizens and the planet. § 148-2 Definitions. a) "Checkout bag", a carryout bag provided by a store to a customer at the point of sale. Bags used to bring loose produce or products. to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag" means a paper bag that is (1) 100 percent recyclable including, if present,the handles; (2) contains at least 40%post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post-consumer recycled content" (or other applicable amount) in a visible manner on the outside of the bag. c) "Reusable checkout bag", a bag that (1) if it has handles, the handles are stitched and not heat fused; and (2) is made of either (a) natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or (b) plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene (including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or polyvinyl chloride. d) "Food establishment" shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment" does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L. c. 12 or public or private schools. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d) provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §148-4. Enforcement and Penalties. a. This bylaw shall be enforced by the Health Department, and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to, a non- criminal disposition as provided by M.G.L. c. 40 § 2 1 D and the Town of North Andover General Bylaw Chapter 1, Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation. The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period, if the violation has not been cured, a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1, 2024 to allow time for food establishments to use their existing inventory of non-compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason, the remainder of this bylaw shall continue in force. or take any other action relative thereto. North Andover Sustainability Committee Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: This Bylaw prohibits food establishments from distributing single use plastic check out bags. The Bylaw will not be implemented until January, 2024. An affirmative vote will approve the single use plastic checkout bag ban. Warrant Article : Add New General Bylaw-"Reduction of single-use plastic checkout bags,,: To see if the Town will vote to amend the General By-Laws,by adding to Chapter 160 "Solid Waste",Article III"Recycling", a new section, §160-10, "Reduction of single-use plastic checkout bags"as follows: § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single- use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment,including,but not limited to: contributing to pollution of land,waterways, and oceans; contributing to the death of land and marine animals through ingestion and entanglement; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil.Plastic bags also affect human health by adding'pollutants to the air breathed during the process of extracting oil from the ground,when they are disposed of by incineration,and when they break down into microplastics(pieces<5mm) adding toxic elements to the air, groundwater and seawater.Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans, bivalves and other ocean life moving up the food chain to ultimately disrupt human health. Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags demonstrates the Town's concern for the Town, its citizens and the planet. § 148-2 Definitions. a) "Checkout bag", a carryout bag provided by a store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag" means a paper bag that is (1) 100 percent recyclable including, if present,the handles;(2)-contains at least 40%post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post-consumer recycled content" (or other applicable amount)in a visible manner on the outside of the bag. c) "Reusable checkout bag", a bag that(1) if it has handles, the handles are stitched and not heat fused; and (2) is made of either (a) natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or (b) plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene (including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or polyvinyl chloride. d) "Food establishment" shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment" does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L. c. 12 or public or private schools. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d) provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §148-4. Enforcement and Penalties. a. This bylaw shall-be enforced by the Health Department, and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to, a non- criminal disposition as provided by M.G.L. c. 40 § 21D and the Town of North Andover General Bylaw Chapter 1,Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation. The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period, if the violation has not been cured, a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1, 2024 to allow time for food establishments to use their existing inventory of non-compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason,the remainder of this bylaw shall continue in force. or take any other action relative thereto. North Andover Sustainability Committee Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: This Bylaw prohibits €tied establishments from distributing single use plastic check out bags. The Bylaw will not be implemented until January, 2024. An affirmative vote will approve the single use plastic checkout bag ban. Petition for Action by the Voters of the Town of North Andover Warrant Article Submission for the 2023 Annual Town Meeting: To see if the Town will vote to amend the General By-Laws,by adding to Chapter 160"Solid Waste",Article III"Recycling",a new section,§160-10,"Reduction of single-use plastic checkout bags"as follows: § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single-use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment,including,but not limited to:contributing to pollution of land,waterways,and oceans;contributing to the death of land and marine animals through ingestion and entanglement;creating a burden to solid waste collection and recycling facilities;clogging storm drainage systems;and requiring the use of millions of barrels of crude oil.Plastic bags also affect human health by adding pollutants to the air breathed during the process of extracting oil from the ground,when they are disposed of by incineration,and when they break down into microplastics(pieces<5mm)adding toxic elements to the air,groundwater and seawater.Plastic never fully biodegrades; microplastics are ingested by fish,crustaceans,bivalves and other ocean life moving up the food chain to ultimately disrupt human health:Plastic bags are rarely recycled and are not biodegradable.The reduction of plastic bags demonstrates the Town's concern for w the Ton,its citizens and the planet. § 148-2 Definitions. a) "Checkout bag", a carryout bag provided by a,store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag"means a paper bag that is(.1) 100 percent recyclable including,if present,the handles;(2)contains at least 40% post-consumer recycled paper content; and, (3) displays the words. "recyclable" and "made from 40% post- consumer recycled content"(or other applicable amount)in a visible manner on the outside of the bag. c) "Reusable checkout bag",a bag that(1)if it has handles,the handles are stitched and not heat fused;and(2)is made of either (a) natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or(b)plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene(including but not limited to HDPE and LDPE),polyethylene terephthalate(PETE),or polyvinyl chloride. d) "Food establishment" shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment"does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L.c. 12 or public or private schools. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d)provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §1484. Enforcement and Penalties. a. This bylaw shall be enforced by the Health Department,and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to,a non-criminal disposition as provided by M.G.L.c.40§21D and the Town of North Andover General Bylaw Chapter 1,Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation.The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period,if the violation has not been cured,a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1,2024 to allow time for food establishments to use their existing inventory of non- compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section,sentence,clause or phrase thereof shall be invalid for any reason,the remainder of this bylaw shall continue in force. Petition for Action by the Voters of the Town of North Andover Warrant Article Submission for the 2023 Annual Town Meeting: To see if the Town will vote to amend the General By-Laws,by adding to Chapter 160"Solid Waste",Article III"Recycling",a new section, §160-10,"Reduction of single-use plastic checkout bags"as follows: § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single-use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment,including,but not limited to:contributing to pollution of land,waterways,and oceans;contributing to the death of land and marine animals through ingestion and entanglement;creating a burden to solid waste collection and recycling facilities;clogging storm drainage systems;and requiring the use of millions of barrels of crude oil.Plastic bags also affect human health by adding pollutants to the air breathed during the process of extracting oil from the ground,when they are disposed of by incineration,and when they break down into microplastics(pieces<5mm)adding toxic elements to the air,groundwater and seawater.Plastic never fully biodegrades; microplastics are ingested by fish,crustaceans,bivalves and other ocean life moving up the food chain to ultimately disrupt human health:Plastic bags are rarely recycled and are not biodegradable.The reduction of plastic bags demonstrates the Town's concern forw the Ton,its citizens and the planet. § 148-2 Definitions. a) "Checkout bag', a carryout bag.provided by a.store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag"means a paper bag that is(1) 100 percent recyclable including,if present,the handles;(2)contains at least 40% post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post- consumer recycled content"(or other applicable amount)in a visible manner on the outside of the bag. c) "Reusable checkout bag',a bag that(1)if it has handles,the handles are stitched and not heat fused;and(2)is made of either (a)natural fibers (such as cotton,hemp, linen or other woven or non-woven fibers); or(b)plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene(including but not limited to HDPE and LDPE),polyethylene terephthalate(PETE),or polyvinyl chloride. d) "Food establishment" shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment"does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L.c. 12 or public or private schools. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d)provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §1484. Enforcement and Penalties. a. This bylaw shall be enforced by the Health Department,and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to,a non-criminal disposition as provided by M.G.L.c.40 §21D and the Town of North Andover General Bylaw Chapter 1,Article H, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation.The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period,if the violation has not been cured,a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1,2024 to allow time for food establishments to use their existing inventory of non- compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section,sentence,clause or phrase thereof shall be invalid for any reason,the remainder of this bylaw shall continue in force. Petition for Action by the Voters of the Town of North Andover Warrant Article Submission for the 2023 Annual Town Meeting: To see if the Town will vote to amend the General By-Laws,by adding to Chapter 160"Solid Waste",Article III"Recycling",a new section, §160-10,"Reduction of single-use plastic checkout bags"as follows: § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single-use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment,including,but not limited to:contributing to pollution of land,waterways,and oceans;contributing to the death of land and marine animals through ingestion and entanglement;creating a burden to solid waste collection and recycling facilities;clogging storm drainage systems;and requiring the use of millions of barrels of crude oil.Plastic bags also affect human health by adding pollutants to the air breathed during the process of extracting oil from the ground,when they are disposed of by incineration,and when they break down into microplastics(pieces<5mm)adding toxic elements to the air,groundwater and seawater.Plastic never fully biodegrades; microplastics are ingested by fish,crustaceans,bivalves and other ocean life moving up the food chain to ultimately disrupt human health:Plastic bags are rarely recycled and are not biodegradable.The reduction of plastic bags demonstrates the Town's concern for the Town,its citizens and the planet. § 148-2 Definitions. a) "Checkout bag', a carryout bag provided by a.store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag"means a paper bag that is(1) 100 percent recyclable including,if present,the handles;(2)contains at least 40% post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post- consumer recycled content"(or other applicable amount)in a visible manner on the outside of the bag. c) "Reusable checkout bag",a bag that(1)if it has handles,the handles are stitched and not heat fused;and(2)is made of either (a)natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or(b)plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene (including but not limited to HDPE and LDPE),polyethylene terephthalate(PETE),or polyvinyl chloride. d) "Food establishment" shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment"does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L. c. 12 or public or private schools. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d)provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §1484. Enforcement and Penalties. a. This bylaw shall be enforced by the Health Department,and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to,a non-criminal disposition as provided by M.G.L.c.40§2 1 D and the Town of North Andover General Bylaw Chapter 1,Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation.The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period,if the violation has not been cured,a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1,2024 to allow time for food establishments to use their existing inventory of non- compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section,.sentence,clause or phrase thereof shall be invalid for any reason,the remainder of this bylaw shall continue in force. 3/30/23, 12:23 PM Town of North Andover Mail-plastic bags NORTH ANDOVER Massachusetts Toni Wolfenden <twolfenden@northandoverma.gov> O ", plastic bags 3 messages Skip Cheney<scheney@northan dove rma.gov> Thu, Mar 30, 2023 at 11:36 AM To: Dawne Warren <dwarren@northandoverma.gov> Cc: Toni Wolfenden <Wolfenden@northandoverma.gov> I can only give you building size. I have no idea of s/f on leased areas Samuel G. Cheney Jr. Field Assessor, Town of North Andover scheney@northandoverma.gov 978-688-9566 Fax: 978-688-3211 V cid:image002.jpg@01CD02A1.85A49B40 Plastic Bag Establishments -2023 (1).xls 343K Dawne Warren <dwarren@northandoverma.gov> Thu, Mar 30, 2023 at 11:38 AM To: Skip Cheney<scheney@northandoverma.gov> Cc: Toni Wolfenden <tolfenden@northandoverma.gov> Understood. If it is one you can't determine then leave it blank. Thanks skip! [Quoted text hidden] C. Dawne Warren, CIVIC Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Phone: 978-688-9501 Fax: 978-688-9557 dwarren@northandoverma.gov Toni Wolfenden <tolfenden@northandoverma.gov> Thu, Mar 30, 2023 at 12:22 PM To: Dawne Warren <dwarren@northandoverma.gov> Cc: Skip Cheney<scheney@northandoverma.gov> thank you for your help Toni K. Wolfenden Health Department Assistant 978-688-9540 L,;cid:image002.jpg@01 CD02A1.85A491340 [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=aOc6f4e4cf&view=pt&search=all&permthid=th read-f:l 761807528362962563&simpl=msg-f:176180752836296256... 1/2 3/30/23, 12:23 PM Town of North Andover Mail-plastic bags AQ image001.jpg 4K https://mail.goog le.com/mai I/u/0/?i k=aOc6f4e4cf&view=pt&sea rch=al I&permth id=th read-f:1761807528362962563&si m p l=msg-f:176180752836296256... 2/2 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 c 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.northandoverina.gov/healLh/ 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 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[191; 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, e-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 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 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: ,, J Francis MacMillan,M.D., Charrm Date of Signature I %a oZ ' 07.0"/ . Tepl,)KcCarthy, Clerk Date of Signature Michele Davis, R.N.,Member Date of Signature Patrick Sc on, D.O.,Member Date of Signature Daphne 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—statisties/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-su=ary.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(MMWR 2010: 59, 12,note 5). Retrieved from: http:www.cdc.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, www surgeongener•al.gov/librarv/reports/preventing-youth-tobacco-use/full-report.pdf. [13] 21 U.S.C. § 387g. 16 [14] Carpenter CM,Wayne GF,Pauly 7L, 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 0. 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/librarv/reports/preventing-youth-tobacco-use/ull-re�ort.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, wwwsurgeorageneral.gov/librarv/reports/preventing-youth-tobacco-use/ull-reportpdf. [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, wwwsuzgeongeizeral.gov/librarports/preventing-youth-tobacco-use/ tll-reportpdf. [17] See fig. 3 atp. 85. [18] www.fda.gov/downloads/ucm361598.pdf, Https://tobacco,ucsf.edu/tpsae-gave-fda-what-it-needs-to-ban-menthol [19]www.tobaccofreekids.org/assets/factshect/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.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 ofAdolescent Health. [Article in press], www iahonline.org/article/S1054-139X'O2813%2900415-1/abstract. [26]Druzik et al v.Board of Health of Haverhill,324 Mass.129 (1949). 17 Tobacco Permit Holders Record# Applicant Name Address Applicant Email PhoneNo Establishment name: 1 67295 Samuel Ameen 12 MASSACHUSETTS AVE samsmobilmartl2@gmail.com 9786892719 Sam5f"S Mobil 2 49309 mukesh Patel 260 WINTHROP AVE TOWNMART@comcast.net 7817990288 TOWN MART 31 67289 Christopher Buco 535 CHICKERING RD chrisbucol@gmail.com 9782737303 McAloon's Liquors 4 67288 Christopher Buco 535 CHICKERING RD chrisbucol@gmail.com 9782737303 Quic Pic 5 48837 Michael Xenakis 220 MIDDLESEX ST mikextakispizza@comcast.net 508-246-6798 Mikes Market 6 48839 Michael Xenakis 701 SALEM ST mikextakispizza@comcast.net 508-246-6798 AM Convenience Store 7 49261 DHARMESH DAVE 350 WINTHROP AVE yakshilllc@gmail.com 9786861864 Wine&Beer at the Andovers 8 49276 vick jain 50 PETERS ST vipboston70@gmail.com 9787510214 miroli Ilc, dba denrock wine&spirits 9 49398 Jignashu Patel 75 CHICKERING RD jignashul4@gmail.com 5087894089 Richdale Convenience Store 10 49141 Mohammed Alam 4 MAIN ST jalamb.desh@gmail.com 978-686-5999 Shetu, Inc.-DBA Richdale Dairy Stores cbst012@demoulasmarketbasket. 11 53564 John Gordon 350 WINTHROP AVE com 978-688-6322 Market Basket 12 53577 Tina Truong 1725 TURNPIKE ST tina.truong@alprime.com 7812460201 A L Prime Energy 13 66326 Liquor Junction 1280 OSGOOD ST sales@theliquorjunction.com 978-394-6218 Liquor Junction 14 64880 KHALID NASEEM 1503 OSGOOD ST attorneynaseem@gmail.com 7742610452 786 SHELL, INC. 15 66715 1 Kellie Coulter 179 CHICKERING RD ap@superpetroleum.com 781-356-1960 ISuper Petroleum, Inc. f ITT LED North Andover Health Department Community and Economic Development Division Statement of Acknowledgement for Tobacco Sales Permit I, (print name),agree that, by applying for a tobacco product sales permit,I have read and familiarized myself with the North Andover Board of Health regulations regarding the sale and use of tobacco products that became effective January 1",2020.Additionally,I agree that I have read and familiarized myself with Massachusetts laws including,but not limited to, 105 CMR 665.000 entitled"Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems"and Federal laws and regulations concerning and governing the sale and use of tobacco. 1, (print name)am the owner of located at and also agree that 1 am 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. I hereby attest that all information provided on my permit application and noted above are correct and accurate. Name: Signature: Date: North Andover Health Department Community and Economic Development Division February 28,2023 Jigar Patel Main Street Liquors 23 Dunia Lane Northborough, MA 01532 RE: Rescheduling Date-Tobacco Permit Variance Request—Board of Health Dear Mr. Patel, The Board of Health needs to reschedule the hearing date to request a Tobacco Permit Variance. The new Hearing Date is for the next Board of Health meeting-Thursday,March 30,2023.This shall take place at the North Andover Town Hall, 120 Main Street; second floor Board of Select Room and begins at 7:00 PM. At this time,you shall be given the opportunity to be heard in reference to the request received via email February 13, 2023. If any questions arise before the new hearing date, please feel free to contact me. T ely, Gr e, or of Public Health 978-688-9540 blagrasse@northandoverma.gov CC: BOH Agar Patel 23 Dunia Ln Northborough, MA 01532 Email: -mainstliquors.na@gmail.com Town of North Andover Health Department 120 Main Street North Andover, MA 01845 RE: Aarya Liquors Inc. (Will be d/b/a Main Street Liquors) 64 Main St, North Andover, MA 01845 Respected members of Board of Health, My name is Agar Patel,and I am the manager of Aarya Liquors Inc. (will be d/b/a Main Street Liquors). We have been granted approval for liquor license by Town of North Andover Select Board and soon will be starting the store operation once the liquor license is approved by ABCC. I am writing this letter to request a variance in front of Board of Health for tobacco permit in the Town of North Andover. Let me start with why I am requesting variance in front of Board of Health for tobacco permit, • The previous owner of the business(who passed away in 2020)already had tobacco permit at this location and was selling tobacco product at this location • We are starting a new business in Town of North Andover,where we are going to sell liquor, beer,wine, chips,soda, and juices.And it will hurt our business if the customer cannot find everything at one place (including cigars and cigarette), this will help us to grow our business. • Starting this new business will generate employment opportunities in the Town of North Andover. • We are aware of the rules and regulations set forward by the Town of North Andover and will abide by all the rules and regulation set forward by the town and state of Massachusetts.There will be no flavored tobacco or flavored vapes. So, it is my humble request to take into consideration above mentioned points and grant us tobacco permit in the Town of North Andover. Sincerely, Agar Patel �G -00 North Andover Health Department Community and Economic Development Division February 28,2023 Jigar Patel Main Street Liquors 23 Dunia Lane ' Northborough, MA 01532 RE: Rescheduling Date-Tobacco Permit Variance Request—Board of Health Dear Mr.Patel, The Board of Health needs to reschedule the hearing date to request a Tobacco Permit Variance. The new Hearing Date is for the next Board of Health meeting-Thursday,March 30,2023. This shall take place at the North Andover Town Hall, 120 Main Street; second floor Board of Select Room and begins at 7:00 PM. At this time,you shall be given the opportunity to be heard in reference to the request received via email February 13, 2023. If any questions arise before the new hearing date, please feel free to contact me. Sincerely, f . ian Gr e, irector of Public Health 978-688-9540 blagrasse@northandoverma.gov CC: BOH 4 ✓ r III ^YU 'T!• � �v t Jigar Patel 23 Dunia Ln Northborough, MA 01532 Email: -mainstliquors.na@gmail.com Town of North Andover Health Department 120 Main Street North Andover, MA 01845 RE:Aarya Liquors Inc. (Will be d/b/a Main Street Liquors) 64 Main St, North Andover, MA 01845 Respected members of Board of Health, My name is Jigar Patel,and I am the manager of Aarya Liquors Inc. (will be d/b/a Main Street Liquors). We have been granted approval for liquor license by Town of North Andover Select Board and soon will be starting the store operation once the liquor license is approved by ABCC. I am writing this letter to request a variance in front of Board of Health for tobacco permit in the Town of North Andover. Let me start with why I am requesting variance in front of Board of Health for tobacco permit, • The previous owner of the business(who passed away in 2020) already had tobacco permit at this location and was selling tobacco product at this location • We are starting a new business in Town of North Andover,where we are going to sell liquor, beer,wine, chips,soda, and juices.And it will hurt our business if the customer cannot find everything at one place (including cigars and cigarette),this will help us to grow our business. • Starting this new business will generate employment opportunities in the Town of North Andover. • We are aware of the rules and regulations set forward by the Town of North Andover and will abide by all the rules and regulation set forward by the town and state of Massachusetts.There will be no flavored tobacco or flavored vapes. So, it is my humble request to take into consideration above mentioned points and grant us tobacco permit in the Town of North Andover. Sincerely, Jigar Patel �0 vksO�NpE North Andover Health Department Community and Economic Development Division March 24, 2023 Michael Xenakis Midtown Market 701 Salem Street 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. Xenakis, 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 March 13, 2023. The Hearing has been placed on the agenda for the next scheduled Board of Health meeting dated, Thursday, March 30, 2023. 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 March 7, 2023. If any questions arise before the meeting,please feel free to contact me. Sincerely, /711 Steph n Casey Jr. Health Inspector . CC: Brian LaGrasse, Director of Public Health BOH Midtown Market 701 Salem Street North Andover , Ma 01845 Board of Health On March 7 we received a citation for tobacco sales to a minor and we would like a hearing with the board of health to appeal. Please advise when we can appear before the board. Respectfully, Mike Xenakis 3/12/2023 Healthy Communities Tobacco Control Program A Boards of Health Partnership Amesbury Middleton Andover Newbury Billerica Newburyport Chelmsford North Andover Dracut North Reading Haverhill Rowley Lynnfield Salisbury Methuen Tewksbury Topsfield CERTIFIED MAIL AND FIRST-CLASS POSTAGE March 8,2023 Midtown Market 701 Salem Street 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 March 7,2023 at approximately 10:25 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: l. Pay the fine of one-thousand(S 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 3/8123,8:43 AM Correction Order-Midtown Market-3-7-23.jpg North Andover Health Department Community and Economic Development Division CORRECTION/CEASE AND DESIST ORDER ry Today's Date: / 2 This CORRECTION/CEASE AND DESIST ORDER is issued to: �• nste 4al-irl Ma., key 7oi Su(fr, S -, Name of EstabLshment North Andover,MA. Street Address Please be advised that on 3 7'2 10:25 p M at approximately a compliance t7:u_ „VwlmnK, Time l"ITNI check was conducted on behalf of the North Andover Board of Health. �tt%n (�p,rltt;� Name orf violated the state law entitled"An Act to A4odemize Tobacco Control" Establ ssttmen, and 105 C1'VfR 665.000 by selling a tobacco product to a person under the,Minimum Legal Sales Age. You are hereby ordered to cease and desist from violating An Act to Modernize Tobacco Control and 105 CMR 665.000. In addition,a fine of One Thousand dollars(S 1,000.00)is applied against 1.1 i`t A ow" t'a/�RC�cP-�- for violation of 105 CMR 665.000. Name of Establishment You are hereby ordered to pay the amount of One-Thousand dollars($1,000.00)by check or money-order made payable to the"Town of North Andover"within twenty-one(21)days of receipt of this order to the follomring address:North Andover Town Clerk, 120 Main Street,North Andover,MA 01845. If you are aggrieved by this order,you have the right to request a Hearing before the North Andover Board of Health. This request must be made by you,in writing,and riled within seven(7)days after the date this Order was served or actually received. Any affected part),has a right to ap at said hearing. Failure to comply wit this ord ym tin additional penalties as permitted by late. Signed by: Signature of Agent Date As agent of the North Andover Board of Health North Andover Health Department 120 Main Street North Andover,MA 01945 Phone:978.688.9540 Fax:978.688.8476 https://mail-google.com/mail/u/ol#inbox/FMfcgzGrcrxxtjXwgtikjHgvwkMchTZdB?projector-1&rnessagePartld=0.2 V 1 105 CMR: DEPARTMENT OF PUBLIC HEALTH 105 CMR 665.000: MINIMUM STANDARDS FOR RETAIL SALE OF TOBACCO AND ELECTRONIC NICOTINE DELIVERY SYSTEMS Section 665.005: Definitions 665.010: Sale of Tobacco Products and Electronic Nicotine Delivery Systems 665.013: Permitting Requirements 665.015: Required Signage 665.017: Advertising 665.020: Identification Requirements 665.025: Prohibition on Coupons and Other Discounts 665.030: Out-of-package Sales 665.035: Liquid Nicotine Container Packaging 665.040: Requirements for Retail Establishments 665.045: Violations 665.050: Order to Cease and Desist 665.055: Enforcement 665.057: Preemption 665.060: Severability 665.005: Definitions Board of Health means the appropriate and legally designated health authority of the city,town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or town. Business Agent means an individual who has been designated by the owner or operator of any tobacco retail store or smoking bar to be the manager or otherwise in charge of said establishment. Characterizing Flavor means a distinguishable taste or aroma,other than the taste or aroma of tobacco,imparted or detectable before or during consumption of a tobacco product including, but not limited to,a taste or aroma relating to any fruit,chocolate,vanilla,honey,candy,cocoa, dessert,alcoholic beverage,menthol,mint,wintergreen,herb,or spice;provided,however,that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. Child-resistant Packaging means packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 et seq.,.pursuant to 15 U.S.C. 1471 through 1476. Coupon means any card,paper,note,form,statement,ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article,service or accommodation without charge or at a discount price. Department means the Massachusetts Department of Public Health. Distinguishable means perceivable by either the sense of smell or taste. Electronic Nicotine Delivery System means an electronic device,whether for one-time use or reusable,that can be used to deliver nicotine or another substance to a person inhaling from the device including,but not limited to,electronic cigarettes,electronic cigars,electronic cigarillos, electronic pipes,vaping pens,hookah pens and other similar devices that rely on vaporization or aerosolization;provided,however,that"electronic nicotine delivery system"shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device;provided further,that"electronic nicotine delivery system"shall also include any component,part,or accessory of a device used during the operation of the device even if the part or accessory was sold separately;provided further,that"electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose. 6/12/20 105 CMR-3870.5 v_� R 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.005: continued Flavored Tobacco Product means 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 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. Liquid Nicotine Container means a package: (1) from which nicotine or other substance in a solution or other form is accessible through normal and foreseeable use by a consumer;and (2) that is used to hold soluble nicotine or other substance in any concentration;provided however,that"liquid nicotine container"shall not include a sealed,prefilled and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. Listed or Non-discounted Price means the higher of the price listed for a tobacco product on its package or the price listed on any related shelving,posting,advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the state price,and before the application of any discounts or coupons. Person means any individual, firm, fiduciary, partnership, corporation, trust or association, however formed,or a club,trustee,agency or receiver. Retail Establishment means a physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers. Retailer means a person that operates a retail establishment. Retail Tobacco Store means an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers,but not for resale,tobacco products and paraphernalia,in which the sale of other products is merely incidental,and in which the entry of persons younger than 21 years old is prohibited at all times,and maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city,town,or other legally constituted governmental unit within the Commonwealth where the establishment is located. Smoking Bar means an establishment that: (1) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises only; (2) derives revenue from the sale of food,alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person younger than 21 years old; (3) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (4) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the appropriate authority in the city,town,or other legally constituted governmental unit within the Commonwealth in which the establishment is located;and (5) maintains a valid permit issued by the department of revenue to operate as a smoking bar. 6/12/20 105 CMR-3870.6 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.005: continued Tobacco Product means a 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, electronic cigarettes, electronic cigars, electronic pipes,electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product;provided,however, that"tobacco product"shall also include any component,part or accessory of a tobacco product; and provided further,that"tobacco product"shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose. Tobacco Product Flavor Enhancer means any product designed, manufactured, produced, marketed,or sold to produce a characterizing flavor when added to any tobacco product. 665.010: Sale of Tobacco Products and Electronic Nicotine Delivery Systems (A) No person shall sell or provide a tobacco product to any individual younger than 21 years old,as verified by said person's valid government-issued photographic identification. (B) Retail establishments other than retail tobacco stores or smoking bars shall not place any tobacco product on the counter,but shall place all tobacco products for sale behind the counter where retail sales are made in the establishment and out of the reach of consumers. (C) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter outside of a retail tobacco store or smoking bar. Retail establishments,including retail tobacco stores or smoking bars,may sell or provide unflavored electronic nicotine delivery systems with nicotine content less than or equal to 35 milligrams per milliliter. Prior to the sale of such a product in a retail establishment other than a retail tobacco store or smoking bar,such retail establishment shall obtain documentation from the product's manufacturer or the manufacturer's agent in a form and manner specified by the Department indicating,at a minimum,the nicotine content expressed as milligrams per milliliter for each electronic nicotine delivery system to be sold in the retail establishment. A retail establishment may obtain such documentation through a distributor,provided the distributor obtained such documentation from the product manufacturer or the manufacturer's agent. The owner,retailer,or other person in charge of the retail establishment must maintain record of the nicotine content submitted by the manufacturer for each electronic nicotine delivery system sold or offered for sale within the retail establishment,and provide such records upon request of any authorized enforcement agent,including Boards of Health or their agents and the Department or its agents. i i (D) No person shall sell, distribute, cause to be sold or distributed, or offer for sale to a consumer located in the Commonwealth a flavored tobacco product or tobacco product flavor enhancer,except for a smoking bar for on-site consumption only in accordance with federal law and regulations. (E) Prior to the sale of a tobacco product,a retail establishment other than a smoking bar shall obtain documentation from the product's manufacturer or the manufacturer's agent in a form and manner specified by the Department, certifying such tobacco product does not meet the definition of a flavored tobacco product or tobacco product flavor enhancer,and that the product lacks any characterizing flavor. A retail establishment may obtain such documentation through a distributor, provided the distributor obtained such documentation from the product manufacturer or the manufacturer's agent. The owner,retailer,or other person in charge of the retail establishment must maintain record of the certification documentation submitted by the manufacturer for each tobacco product sold or offered for sale within the retail establishment, and provide such records upon request of any authorized enforcement agent,including Boards of Health or their agents and the Department or its agents. (F) No person shall sell online,distribute online,or cause to be sold or distributed online to any consumer located in the Commonwealth,an electronic nicotine delivery system,except for a non-flavored electronic nicotine delivery system with nicotine content less than or equal to 35 milligrams per milliliter. 6/12/20 105 CMR-3870.7 t 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.013: Permitting Requirements (A) All retail tobacco stores and smoking bars shall obtain prior to operation and shall maintain during any period of operation a municipal permit allowing the sale or distribution of tobacco products. (B) Retail tobacco stores and smoking bars in operation prior to December 11, 2019, and compliant with all then existing permitting requirements in the municipality in which they operate shall not be subject to 105 CMR 665.013(A),unless the municipality in which they operate later imposes a municipal permitting requirement applicable to such establishments. 665.015: Required Signage (A) All retail establishments, including smoking bars and retail tobacco stores, shall conspicuously post signage,in the form developed and made available by the Department. Such signage shall include: (1) a copy of M.G.L.c.270,§§6 and 6A; (2) referral information for smoking cessation resources; (3) a statement that sale of tobacco products,including e-cigarettes,to someone younger than 21 years old is prohibited; (4) health warnings associated with using electronic nicotine delivery systems;and (5) except in the case of smoking bars,notice to consumers that the sale of flavored tobacco products are prohibited at all times. Such signage shall be posted conspicuously 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 feet or greater than nine feet from the floor. (B) In addition to the signage required by 105 CMR 665.015(A), smoking bars and retail tobacco stores shall post signage,in the form developed and made available by the Department, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the bottom of the door. Such signage shall state that"No person younger than 21 years old is permitted on the premises at any time." (C) In addition to the signage required by 105 CMR 665.015(A)and(B),all smoking bars and those retail tobacco stores that allow for on-site consumption of tobacco products shall post signage,in the form developed and made available by the Department,on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the bottom of the door. Such signage shall wam persons entering that smoking and vaping may be present on the premises,and provide information concerning the health risks associated with second hand smoke and the use of tobacco products, including electronic nicotine delivery systems. (D) The owner,retailer,or other person in charge of a retail establishment shall conspicuously post any additional signs required by the Department in a form and manner as required by the Department. (E) Any person who violates 105 CMR 665.015 shall be subject to the provisions of 105 CMR 665.045; provided that any retail establishment who violates 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2)shall additionally be subject to a fine of not more than$50. Any person found to have unlawfully removed a copy of the postings required by 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2)shall be punished by a fine of$10.00. 665.017: Advertising No person or retail establishment shall: (A) Market or advertise the proposed sale or distribution of any tobacco product prohibited for sale or distribution within the retail establishment or by such person; 6/12/20 105 CMR-3870.8 i 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.017: continued (B) Use fraudulent or misleading statements in advertisements for tobacco products,including the use of any safety or efficacy claims that have not been approved by the United States Food and Drug Administration;or (C) Use or display tobacco product advertisements that depict celebrities, mascots, sponsorships,cartoons,or any other similar endorsements. 665.020: Identification Requirements (A) Unless otherwise specified in 105 CMR 665.000,each person selling or providing tobacco 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 of age or older,as verified by said person's proof of identification. (B) In addition to the requirements of 105 CMR 665.020(A),an employee of a retail tobacco store or smoking bar must inspect the individual's valid government-issued photographic identification and determine the individual's age prior to said individual entering said tobacco retail store or smoking bar. An individual shall not be admitted to the tobacco retail store or smoking bar,unless the employee has verified that the individual is 21 years of age or older as verified by said person's proof of identification. (C) Mail-order or internet sales shall require verification that the purchaser is 21 years of age or older. Verification of age through the mail or intemet shall consist of,at a minimum: (1) verification that the purchaser is 21 years of age or older through a commercially available database, or aggregate of databases, that is regularly used by government and business for the purpose of age and identity verification;and (2) use of a method of mailing,shipping,or delivery that requires signature of a person who is 21 years of age or older before the shipping package is released. (3) Any information required to complete the age verification process must be requested on a form separate from that used to collect payment information,shall not include personal information as defined by M.G.L.c.93H,and shall not be used for any purposes other than age verification. 665.025: Prohibition on Coupons and Other Discounts No person shall 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 without charge or for less than the listed or non-discounted price. No retail establishment that is not a retail tobacco store or smoking bar,or any other establishment shall distribute or cause to be distributed a free sample of a tobacco product. 665.030: Out-of-package Sales (A) The sale of tobacco products,as defined in 105 CMR 665.000,in any form other than an original factory wrapped package is prohibited,including the repackaging or dispensing of any tobacco product for retail sale. (B) No person shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. i 6/12/20 105 CMR-3870.9 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.035: Liquid Nicotine Container Packaging No person shall knowingly sell or provide: (A) A liquid or gel substance containing nicotine,unless the substance is contained in child- resistant packaging;or (B) A liquid nicotine container,unless the container includes child-resistant packaging as part of its design. 665.040: Requirements for Retail Establishments A retail establishment operating on or after December 11,2019 must meet the following requirements: (A) Only establishments with a permanent,non-mobile location are eligible to operate. (B) Operation of a retail establishment shall be conditioned on the retailer's or retail establishment owner's consent to unannounced, periodic inspections of his or her retail establishment and tobacco products to ensure compliance with 105 CMR 665.000 and any applicable local regulations,orders,or ordinances. (C) A retail establishment shall be prohibited from selling tobacco products if the retailer or owner of the retail establishment has failed to pay all fines issued and the time period to appeal the fines has expired and/or the retail establishment has not satisfied any outstanding orders issued pursuant to 105 CMR 665.000. (D) Sale of a tobacco product by a retail establishment to a person younger than 21 years old shall result in the retail establishment being prohibited from selling tobacco products for up to 30 consecutive business days,or for a longer term as enacted,adopted,or promulgated in a rule, regulation or other measure by the appropriate and legally designated health authority of the city, town,or other legally constituted governmental unit within the Commonwealth. 665.045: Violations Unless otherwise specified or provided for in 105 CMR 665.000,violations of 105 CMR 665.000 shall be assessed as follows: (A) It shall be the responsibility of any person to ensure compliance with 105 CMR 665.000. If an inspection pursuant to 105 CMR 665.000 reveals a retail establishment,retailer,and/or his or her business agent does not comply with the provisions of 105 CMR 665.000, the retail establishment shall be ordered to comply with the violated provision of 105 CMR 665.000. In addition to the correction order,the following fines and actions apply against any person who violates 105 CMR 665.000, provided, however, that such fines and actions related to any violation within a retail establishment shall apply against the retailer and/or his or her business agent and not an employee thereof- (1) In the case of a first violation,a fine of$1,000 shall be imposed. (2) In the case of a second violation within a period of 36 months from the first violation, a fine of$2,000 shall be imposed;and a prohibition on the sale of tobacco products may be imposed for at least one day and up to seven consecutive business days,or for a longer term as enacted,adopted,or promulgated in a rule,regulation or other measure by the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth. (3) In the case of a third violation within a period of 36 months from the first violation or additional violations during that time period, a fine of$5,000 shall be imposed; and a prohibition on the sale of tobacco products may be imposed for at least seven consecutive business days and up to 30 consecutive business days, or for a longer term as enacted, adopted,or promulgated in a rule,regulation or other measure by the appropriate and legally designated health authority of the city,town,or other legally constituted governmental unit within the Commonwealth. 6/12/20 105 CMR-3870.10 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.045: continued (B) Failure to cooperate with inspections pursuant to 105 CMR 665.000 shall result in the prohibition on the sale of tobacco products for up to 30 consecutive business days,or for a longer term as enacted, adopted, or promulgated in a rule, regulation or other measure by the appropriate and legally designated health authority of the city,town,or other legally constituted governmental unit within the Commonwealth. (C) Failure to pay a fine imposed pursuant to 105 CMR 665.000 shall constitute a separate violation of 105 CMR 665.000 subject to the penalties set forth at 105 CMR 665.045(A). (D) Consistent with 105 CMR 665.055,a retail establishment shall be provided notice of the intent to prohibit the sale of tobacco products at or by the retail establishment. The notice shall contain the reasons therefor and establish a time and date for a hearing. The retail establishment, retailer or his or her business agent shall have an opportunity to be heard at such hearing and shall be notified of the decision regarding the retail establishment's prohibition from selling tobacco products and the reasons therefor in writing. After a hearing,the retail establishment may be prohibited from selling tobacco products upon a finding that a violation of 105 CMR 665.000 for which such prohibition is applicable occurred. All tobacco products shall be removed from the retail establishment upon an indefinite suspension from operating as a retail establishment. Failure to remove all tobacco products shall constitute a separate violation of 105 CMR 665.000. (E) karate Violations. Each day any violation of 105 CMR 665.000 exists shall be deemed to be a separate offense. 665.050: Order to Cease and Desist (A) An Order to Cease and Desist may be issued by the Department or Board of Health to a person or a business agent of a retail establishment upon the regulatory authority's reasonable belief that: (1) A person is conducting sales of tobacco products in violation of the law,regulations, and/or standards applicable to it; (2) A person refuses access to the premises and/or records to authorized enforcement agents; (3) A person or retail establishment is operating in a manner that may pose an imminent danger to the public health; (4) A retail establishment has failed to comply with a correction order within the time specified;or (5) A retail establishment is operating in a manner that is unsafe or otherwise below the accepted standards for the type of operation and summary closure is authorized by statute on these grounds. (B) Service of Orders to Cease and Desist shall be on the person or retail establishment or business agent of the retail establishment by: (1) Personal delivery by an agent of the regulatory agency; (2) Posting in a conspicuous place at the retail establishment; (3) Simultaneously mailing,by first class and certified mail return receipt requested;or (4) By any officer of the Commonwealth authorized to make service. Notice is deemed to be served if the person or retail establishment or business agent of the retail establishment has actual notice of the Order to Cease and Desist. 665.055: Enforcement (A) No provision of 105 CMR 665.055 shall be construed as a limitation on the emergency powers of the Department of Public Health of the Commonwealth or its Commissioner. (B) Local Enforcement. (1) General Procedures. Unless otherwise expressly provided in any general law to the contrary,each board of health may enforce 105 CMR 665.000,or otherwise at law or in equity in the same manner that local rules and regulations are enforced. 6/12/20 105 CMR-3870.11 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.055: continued (2) Emergency Procedures. Whenever an emergency related to tobacco products exists in which the interest of protecting the public health requires that ordinary procedures be dispensed with,the board of health or its authorized agent, acting in accordance with the provisions of M.G.L.c.111,§30,may,without notice or hearing,issue an order reciting the existence of the emergency and requiring that such action be taken as the board of health deems necessary to meet the emergency. Any person to whom such order is directed shall comply therewith within the time specified in the order,provided,however,that such fines and actions related to any violation within a retail establishment shall apply against the retailer and/or his or her business agent and not an employee thereof. Each day's failure to comply with the order shall constitute a separate offense. Upon compliance with the order and within seven days after the day the order has been served,he or she may file a written petition in the office of the board of health requesting a hearing. He or she shall be granted a hearing as soon as possible,but not later than ten days after the filing of the petition. The procedures for such hearing shall otherwise conform with the hearing requirements which would have existed had the order been issued under nonemergency circumstances. (C) Complaints. Any person who desires to register a complaint pursuant to 105 CMR 665.000 may do so by contacting the Board of Health or its designated agent(s)in the city,town,or other legally constituted governmental unit within the Commonwealth where the retail establishment is located. (D) State Enforcement. (1) Whenever any Board of Health has failed after a reasonable length of time to enforce 105 CMR 665.000 the Commissioner of Public Health of the Commonwealth or his or her designated representative may act for the Commonwealth in any way that the local board of health is authorized to act to effect compliance. (2) Upon the determination by the federal Food and Drug Administration or the federal Centers for Disease Control and Prevention or other regulatory authority that an electronic nicotine delivery system has been shown by substantial epidemiologic,laboratory,or other evidence to be the cause of an imminent danger to public health,the Commissioner of Public Health may place a ban or restriction on the sale of such electronic nicotine delivery system. (E) Service of Orders. (1) Unless otherwise stated in 105 CMR 665.000,orders issued under the provisions of 105 CMR 665.000 shall be served on all persons responsible for the violation,provided, however,that such fines and actions related to any violation within a retail establishment shall apply against the retailer and/or his or her business agent and not an employee thereof. (2) These orders shall be served in the following manner: (a) personally,by any person authorized to serve civil process; (b) by any person authorized to serve civil process by leaving a copy of the order at his or her last and usual place of abode; (c) by sending him a copy of the order by registered or certified mail,return receipt requested,if he is within the Commonwealth;or (d) if his or her last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the order in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building or premises affected is situated. (F) Hearings. (1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in 105 CMR 665.055(F),the person or persons to whom any order has been served pursuant to any section of 105 CMR 665.000 may request a hearing before the Board of Health or the Department, as applicable, by filing with the Board of Health or the Department, as applicable,within seven days after the day the order was served,a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board of Health or the Department,as applicable,shall set a time and place for such hearing and shall inform the petitioner thereof in writing. 6/12/20 105 CMR-3870.12 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.055: continued The hearing shall be commenced not later than 30 days after the day on which the order was served. The Board of Health or the Department, as applicable, upon application of the . petitioner,may postpone the date of hearing for a reasonable time beyond such 30-day period if in the judgment of the Board of Health or the Department,as applicable,the petitioner has submitted a good and sufficient reason for such postponement. (2) Hearing of Petitioner. At the hearing,the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. (3) Procedure by the Board after Hearing. After the hearing the Board of Health or the Department,as applicable,shall sustain,modify,or withdraw the order and shall inform the petitioner in writing of its decision. If the Board of Health or the Department,as applicable, sustains or modifies the order,it shall be carried out within the time period allotted in the original order or in the modification. (4) Public Record. Every notice,order,or other record prepared by the Board of Health or the Department,as applicable,connection with the hearing shall be entered as a matter of public record in the office of the clerk of the city, town, other legally constituted governmental unit within the Commonwealth,or in the office of the Board of Health or the Department,as applicable. (5) Hearing Petition Not Submitted or Sustaining of Order. If a written petition for a hearing is not filed with the board of health within seven days after the day an order has been served or if after a hearing the order has been sustained in any part,each day's failure to comply with the order as issued or modified shall constitute an additional offense. (G) Judicial Anneals. Any person aggrieved by the final decision of the Board of Health or the Department, as applicable, with respect to any order or other action taken with respect to 105 CMR 665.000 may seek relief therefrom in any court of competent jurisdiction,as provided by the laws of this Commonwealth. 665.057: Preemption The provisions of 105 CMR 665.000 shall not limit the right of an appropriate authority in a city or town to adopt rules and regulations as may be necessary;provided,however,that such a rule or regulation shall not conflict with regulations promulgated by the department or state or federal law. 665.060: Severability If any provision of 105 CMR 665.000 is declared invalid or unenforceable, the other provisions shall not be affected thereby,but shall continue in full force and effect. REGULATORY AUTHORITY 105 CMR 665.000: St. 2018, c. 157, §§ 17 through 19; M.G.L. c. 111, §239;and M.G.L.c.270,§§6,7,and 27 through 29. 6/12/20 105 CMR-3870.13