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Home My WebLink AboutWestern Bristol County & Foxboro Collaborative - 201610/13/2016 11:22 5083242544 FALL RIVER HEALTH PAGE 01/03 Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, AL4 02722 Office: 508 324 2428 Cell: 774 488 9341 Fax: 508 824 2429 Serving Boards of Health in Attleboro f N. Attleboro Berkley 171ghtou Fall River Foxborough Nlaz�a£leld Norton . Rehoboth Seekonk Somerset • Swansea Taunton Westport Marilyn Edge, Director tmail: WBriatolTobaccoAlcoholf&email.corq FAX COVER SIWET From: Marilyn Edge, Director No. of pages including cover s ;ertilicnt0 i... p.,, ...............A.wy........,...__....... j ertifitate1 Completion Conflictof Interest barab 3ECROUx Tobacco Inspector Board of Health Tobacco Control bao eomPletO toe conflict of 3fnterat Iaw . online training proorant on 10/3/2016 Cluso Cortiftate Windo,n of 1 £0/£0 39Vd HiIV3H d311Ia TIVJ 10/3/2016 11:28 AM PVSZPZ6809 ZZ:TT 9TOZ/£T/0T 10/13/2016 11:22 5083242544 FALL RIVER HEALTH PACE 02/03 .N A � O 0 y H f-i R October 11, 2016 RECEIVED TOWN CLERKS OFFICE 2014 OCl 13 A 9: 55 MANUIELD MASSA(1NI SF fT Marilyn Edge Tobacco Control Coordinator West Bristol Tobacco and Alcohol Prevention Collaborative One Government Center, 4t" floor Fall River, MA 02722 Dear Marilyn, Town of Mansfield 6 Park Row, Mansfield, MaiBadmi-efts 02048 Health Department Amy Donovan -Palmer; Health Agent At its October 6, 2016, meeting the Board of Health voted to appoint Sarah Leroux as Health Agent for Tobacco Control, with no compensation from the Town of Mansfield. The appointment shall be for duration of the West Bristol Tobacco and Alcohol Prevention Collaborative Memorandum of Agreement which ends on June 30, 2017, or early should the Board of Health decline to continue participation. Please present this letter to the Town Clerk to be sworn in. We look forward to continuing our participation in the program. Yours truly, Amy Donb an -Palmer, Health Agent C: Town Clerk Phone (508)261-7366 Fax (508)261-7425 Ei)railadpalmei@nmansfieldsna.eor)r J & . S � % 6 2 � w e \. w % t § FPi_ rti:. ,'i. Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com To: Collaborative Health Departments From: Marilyn Edge, Health Dept. Re: 2016 State Ethics Commission Certificate Date: October 4, 2016 y k_ r Il `d x e CT 016 2016 Attached please find the Certificates of Completion of the Conflict of Interest Law for myself and Inspector Sarah LeRoux. If there is anything further you may need please contact me. Thank you. Certificate hUp://www.muniprog.etli.state.ma.us/page554968.litiiiI Certificate of Completion $ elon Conflict of Interest Law Oarab XeRoux Tobacco Inspector Board of Health Tobacco Control bao completeb the (Conflict of 3titereot 3LaW online training program on 10/3/2016 v 1 OCT 0'6 2016 I of 1 10/3/2016 1128 AM w »!»Sim S. I eg < w /� �) \\ \ \ A! 9 !jo v } \� �) " k } ) r- � \ q � Q a q � # � � 2 � % � 2 2; g� S 2 . � \ u The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Western Reqional Health Office 23 Service Center Rd., Northampton, MA 01060 413-586-7525 1800-769-9991 (TTY) 1413-784-1037 (FAX) CHARLES O. BAKER Governor KARYN E. POLITO Lieutenant Governor January 20, 2016 Mansfield Board of Health Attn: Scott Leite Dear Mr. Leite and members of the Mansfield Board of Health, MARYLOU SUDDERS Secretary MONICA BHAREL, MD, MPH Commissioner Tel: 617-624-6000 w .mass.govldph My name is Christy Fedor. I am the Director of the Massachusetts FDA Tobacco Enforcement Program, which is a part of the Massachusetts Tobacco Cessation and Prevention Program at the Massachusetts Department of Public Health. You are receiving this letter because your MTCP-funded board of health program is one of four FDA pilot programs across the state. As a result, your community has the opportunity to benefit from issuing local fines for inspections conducted by the FDA. This increased potential for enforcement can have a very positive impact on reducing the rate of illegal sales to minors in your community. In order to take part in the pilot program, your Boards of Health needs to be willing to fine retailers based on the inspections that are completed by our team of FDA inspectors. The FDA Tobacco Enforcement Program completes approximately 8,500 inspections at tobacco retailers across the state every year, including over 6,300 compliance checks with youth. FDA compliance checks use a protocol that is in -line with those used by individual Massachusetts cities and towns. Each and every permitted tobacco retailer in Massachusetts receives an FDA inspection at least once per calendar year. The FDA program does not divulge when they are doing compliance checks or which local retailers they will visit. Within three business days of a potential violation, the FDA will notify that retailer by mail. Outside of the pilot program, the FDA does not notify the municipality of the potential violation, however the compliance check results will be posted on the FDA website, generally within eight to ten weeks of the sale. Due to a lack of local authority and the extended period of time it takes for the FDA website posting to occur, municipalities have not been able to also penalize on these FDA compliance checks. In place of a penalty, some cities and towns, upon receiving FDA notification, will ask the violating retailer to attend a board of health meeting to explain how the tobacco sale to a minor happened and what they intend to do to rectify the problem to avoid future illegal sales. A number of cities and towns have inquired as to how to utilize their local penalty structure against a retailer caught in an FDA compliance check. The FDA pilot project was established for this purpose. The participating cities and towns deputize the FDA compliance officer to complete compliance checks. With proper deputization, that FDA compliance officer can immediately notify the board of health of FDA violations by completing an MTCP compliance check form and therefore record a failed compliance check as both an FDA offense and a local offense. The legal basis for the pilot program is attached on page 3 of this letter. Prior to actively using this format, municipalities should inform their tobacco sales permittees that they will be subject to two sets of penalties if they sell tobacco products to minors. As to procedure, the FDA will continue to use their protocol and the participating municipality shall use their protocol. If a retailer wishes to appeal the penalty, appeal procedures for each are separate and can be found on the FDA website and within the local measure. To provide you with additional context, to complete the FDA inspections, we have a team of eight individuals, of which only two are full time FDA inspectors. The remaining six inspectors work on a part-time basis between 15-30 hours per week. The FDA inspectors potentially work in all 351 cities and towns across Massachusetts. All 8 of our inspectors have done work in your cities and towns. Some of those inspectors come from as far as North Adams to complete FDA inspections in the southeast. Due to the size of FDA territories and scheduling difficulties, it is impossible for FDA inspectors to be present to be appointed and/or sworn in by the boards of health in individual cities and towns. The options that have been identified to deal with this issue are as follows: 1. Individual deputization but no physical presence needed (providing resume and/or FDA commission is sufficient) 2. Deputizing a 'class" of inspectors instead of by name 3. Editing the existing sales regulation to include FDA inspectors (See attachment on pg 3) It is our hope that your board of health will consider adopting one of the three approaches above. Inclusion of your community in the FDA Pilot Program will help us to achieve our mutual goal of reducing illegal sales to minors. Please contact me if you have any questions or concerns. My email is Christ..f�astate.ma.us and my phone number is (413) 586-7525. Thank you, Christy Fedor Director, Massachusetts FDA Tobacco Enforcement Program Additional Information Sample edit to the Enforcement section of a current sales regulation: S. Enforcement: Enforcement of this regulation shall be by the [city/town] Board of Health or its designated agent(s), including, but not limited to, U.S. Food and Drug Administration (FDA) Commissioned Officers with a current commission under the FDA Tobacco Enforcement Contract with the Commonwealth of Massachusetts, Legal Basis for Pilot Program: The FDA law does not preempt or otherwise block boards of health from enforcing their tobacco regulations. In authorizing the FDA to regulate tobacco under the Family Smoking Prevention and Tobacco Control Act of 2009, Congress stated '[n] othing in this chapter, shall ... limit the authority ... any state or political subdivision of a state to enact, adopt, promulgate, and enforce any law, rule, regulation ... for the sale, distribution, possession ... of tobacco. (21 USC sec. 917(a)1). Therefore, if a board of health has evidence of a violation of its regulation, it is well within its scope of legal authority to act. In this pilot program, a deputized agent of the board of health provides such evidence. The fact that this person is also collecting evidence of FDA violations makes no difference. He or she has full authority to act in both capacities. Someone might argue that double jeopardy blocks this dual enforcement. That claim is wrong. Double jeopardy blocks multiple prosecutions against someone by one sovereign government. Since our constitutional system interprets our federal, state and local governments as different sovereign governments, each has a chance to pursue prosecutions. There are several examples of such multiple prosecutions when it comes to criminal matters. In the civil context, the tobacco industry itself was sued under the civil laws of both the state and federal governments for the exact same behavior, deceiving the public about the harm caused by tobacco use. Scott Leite From: Scott Leite Sent: Thursday, January 21, 2016 1:53 PM To: 'Fedor, Christy (DPH)' Subject: RE: FDA Pilot Program Good afternoon Christy, I am sure the Mansfield Board of Health will give careful thought to your offer regarding the FDA pilot program. I do, however have a number of questions and would like more information, which I am sure they will take into consideration in their decision. 1. Is this directed to the Town of Mansfield or all members of the Western Bristol County and Foxborough Tobacco and Alcohol Prevention Collaborative? 2. If directed only to the Town of Mansfield, how and why was Mansfield chosen? 3. Who are the other three pilot program communities? 4. How is the FDA associated with this pilot program and does it expressly approve of it? 5. What is the benefit of participating, aside from the obvious violation revenue? 6. When we learn of a violation by monitoring the FDA website, the violating retailer is asked to attend a Board of Health meeting to discuss remediation of the problem. How would this change by taking part in the pilot program? 7. is "deputization" of a board of health agent or "class of inspectors" recognized and legal method of code enforcement within the Commonwealth? If so please provide the citation within the Massachusetts General Law and a copy of MADPH legal counsel's opinion and any other documents regarding "deputization". 8. It is my understanding that when a person represents the Town of Mansfield, the Town becomes responsible for them and their actions (i.e. wages, benefits, workman's compensations insurance, illegal and harmful activities). Please provide MADPH legal counsel's opinion and any other documents regarding this matter. 9. What are the requirements to become a FDA Commissioned Officer under the FDA Tobacco Enforcement Contract? Thank you for your time and assistance. Upon receiving your response, I will present this to the Board of Health and Town Counsel for consideration. Yours truly, Scott Scott Lelte, Health Agent 6 Park Row Mansfield, MA O2O48 508-261-7366 From: Fedor, Christy. (DPH)[mailto:christy.fedorc&state.ma.usI Sent: Wednesday, January 20, 2016 11:51 AM To: Scott Leite Cc: Marilyn Edge Subject: FDA Pilot Program Dear Mr. Leite, I have attached a letter to this email which explains how your community could benefit from participation in the Massachusetts FDA/BOH Pilot Program. The purpose of this pilot is to help the Massachusetts FDA Tobacco Enforcement Program and the boards of health to achieve our mutual goal of reducing illegal sales to minors. Please contact me if you have any questions. Thank you, Christy Fedor Christy L. Fedor Youth Access and FDA Program Coordinator Massachusetts Tobacco Cessation and Prevention Program 23 Service Center Northampton, MA 01060 (413)586-7525 or (800)445-1255 Ext. 3166 Christy.Fedor@ state, ma. us blog: http://publichealth.blog.state.ma.us Scott Leite From: Marilyn Edge <wbristoltobaccoalcohol@gmail.com> Sent: Monday, August 24, 2015 3:17 PM To: Alan Perry; Beth Hallal; Bob Davis; Christian Zahner IV; Denise Curzake, Heather Gallant; Henry Vaillancourt; Jayne Gesner; Joe Carvalho; Nancy Paquet; Pauline Clifford; Rosilyn Grassie; Scott Leite Subject: New FDA Inspector, Pam Pollock Hi All, I have a new FDA Inspector working through my program as a tobacco agent. I would appreciate it if you could appoint her as an agent of your Boards. Her name is Pam Pollock, 660 Scraggy Neck Rd., P.O. Box 629, Cataumet, MA 02534-0629. If you have any questions please contact me. Thanks. Marilyn Edge Western Bristol County & Foxborough Tobacco & Alcohol Prevention One Government Center, 4th fl Fall River, MA 02722 Office: 508-324-2423 Cell: 774-488-9341 Fax:508-324-2429 September 28, 2011 Marilyn Edge Tobacco Control Coordinator West Bristol Tobacco and Alcohol Prevention Collaborative One Government Center, 4°i floor Fall River, MA 02722 Dear Marilyn, At its September 15, 2011 meeting the Board of Health voted to appoint you as Health Agent for Tobacco Control, with no compensation from the Town of Mansfield. The appointment shall be for duration of the West Bristol Tobacco and Alcohol Prevention Collaborative Memorandum of Agreement which ends on June 30, 2014 or early should the Board of Health decline to continue participation. Please present this letter to the Town Clerk to be sworn in. We look forward to participating in the program. Yours truly, Scott Leite, Health Agent C: Town Clerk Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 41h fl. Fall River, MA 02722 Office: 508-324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com To: Health Agents From: Marilyn Edge Tobacco Control Re: Collaborative Handouts Date: July 28, 2016 You are receiving this memo, with enclosed documents, as you were unable to attend the collaborative meeting held on June 9, 2016. Enclosed you will find: The latest Tobacco Community Fact Sheet for your community; Please note that I do not put this material together — it is done at DPH. and the data sources are on the last page. The most current printout for FDA Compliance Checks in your community; A copy of the Memorandum of Agreement that was signed when your community came on board with the collaborative; A copy of the Collaborative Tobacco Policies indicating who has what initiative in their current Regulation; A copy of the Tobacco Policy Sunmiary List updated in April 2016; This document describes why each initiative is important. A packet of the most recent Municipal Lists indicating which conmumities have adopted the various initiatives in the current tobacco sample regulation. Collaborative memo Page 2 It gives Sarah and I great pleasure to note that the tobacco funding was brought back to the Fall River Collaborative in 2005, for 2 years, and we are still here. Our contracts have been amended to extend us through FY 17, at level funding, without having to re -write the grant. The only change to our FY 17 Workplan is that we, as a collaborative, are no longer part of the FDA pilot project. That was a decision made by the City of Fall River due to accounting issues resulting because our fiscal year and the FDA fiscal year do not mesh. After several years of accounting issues we gave up the FDA pilot project piece to keep the grant moving forward. We will have to re -write for FY 18 but the parameters of that application have not yet been given to us. I am anticipating that it will be similar to the initial MOA which is why I enclosed it for you. As we are expecting the best case scenario to be `level funded' there is no guarantee that we will be asked to take on more communities. I will keep you informed. If you or your Boards have any questions about the enclosed documents please don't hesitate to contact me. I will be happy to meet with you or the Boards at any time. Both Sarah and I are looking forward to working collaboratively with all of you REGULATION AFFECTING SMOKING AND THE SALE, VENDING AND DISTRIBUTION OF TOBACCO AND NICOTINE DELVERY PRODUCTS Rationale: Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throats; Whereas among the 15.7% of students nationwide who currently smoke cigarettes and were less than 18 years old, 14.1% usually obtained them by buying them in a store (i.e. convenience store, supermarket, or discount store) or gas station; Whereas nationally in 2009, 72% of high school smokers and 66% of middle school smokers were not asked to show proof of age when purchasing cigarettes 3; Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin4 and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain developments, Whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major public health problem; Whereas research on raising the minimum legal drinking age to 21 has reduced alcohol consumption among youth and protected drinkers from long-term negative outcomes in adulthood, including alcohol and other drug dependence 6; More than 80 percent of all adult smokers begin smoking before the age of 18; and more than 90 percent do so before leaving their teens.7 Center for Disease Control and Prevention, (CDC) (2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from: 2 CDC (2009), Youth Risk Behavior, Surveillance Summaries (Morbidity and Mortality Weekly Report (MMWR) 2010: 59, 11 (No. SS-55)) Retrieved from: http://Nvww.edc.gov/HealtliyYouth/yrbs/index.htm. 3 CDC Office of Smoking and Health, National Youth Tobacco Survey, 2009, Analysis by the American Lung Association (ALA), Research and Program Services Division using SPSS software, as reported in "Trends in Tobacco Ilse", ALA Research and Program Services, Epidemiology and Statistics Unit, Judy 2011, Retrieved from: www.lung,org/finding-cures/our-researclr/trend- reports/Tobacco-Trend-Report.pdf 4 CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease. Retrieved from: http://Nmw.cdc.gov/tobacco/data_ statistics/sgr/2010/. 5 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 stud Health, p. 122. Retrieved from: http://wsvw.stirgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf. 6 DeJong W, Blanchette J 2013. "Case Closed: Research Evidence on the Positive Public Health Impact of the Age 21 Minimum Legal Drinking Age in the United States." J. Stud. Alcohol Drugs, Supplement 17, 108 — 115, 2014. 7 SAMHSA, Calculated based on data in 2011 National Survey on Drug Use and Health. _ Whereas many non -cigarette tobacco products, such as 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 youths; Whereas sales of flavored little cigars increased by 23% between 2008 and 20109 and the top three most popular cigar brands among African -American youth aged 12-17 are the flavored and low-cost Black & Mild, White Owl, and Swisher Sweets;10 Whereas the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA), enacted in 2009, prohibited candy- and fruit -flavored cigarettes," largely because these flavored products were marketed to youth and young adults,12 and younger smokers were more likely to have tried these products than older smokers; 13 Whereas although the manufacture and distribution of flavored cigarettes (excluding menthol) is banned by federal law,14 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;15 z ,� 4 _,° ,,-'..• 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; 16 C�.s-�G�+sn`�",��. r Surveillance Summaries (MMWR 2010: 59, 12, note 5). Retrieved from: 9 Delnevo, C., Flavored Little Cigars memo, September 21, 2011, front Neilson market scanner data. 10 SAMSHA, Analysis of data from the 2011 National Survey on Drug Use and Health. 1121 U.S.C. § 387g. 12 Carpenter CM, Wayne GF, Pauly JL, at at. 2005. "New Cigarette Brands with Flavors that Appeal to Youth: Tobacco Marketing Strategies." Health Affairs. 24(6): I601—I610; Lewis M and Wackowski O. 2006. "Dealing with an Innovative industry: A Look at Flavored Cigarettes Promoted by Mainstream Brands." American Journal of Public Health. 96(2): 244-251; Connolly ON. 2004. "Sweet and Spicy Flavours: New Brands for Minorities and Youth." Tobacco Control. 13(3): 21 I-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.surgeongencral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf. 13 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneralgov/library/reports/preventing-youth-tobacco-use/full-report.pdf. 14 21 U.S.C. § 387g ` a�a__� 15 Food and Drug Administration. 2011. Fact Sheet: Flavored Tobacco Products, >"`" www.fda.gov/downloads(robaccoProdticts/ProtectingKidsfroniTobacco/FlavoredTobaccoAJCM183214.pdf, U.S. Department of Health a,td 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, tnvw.stirgeongencral.gov/library/reports/preventing-youth-tobacco-use/£till-report.pdf. 16 King BA, Tynan MA, Dube SR, at al. 2013. "Flavored -Little -Cigar and Flavored -Cigarette Use Among U.S. Middle and High School Students." Journal of Adolescent Health. (Article in press], www.jalionline.org/article/S[054-139X%28l3%2900415- 1/abstract. Whereas the U.S. Centers for Disease Control and Prevention has reported that electronic cigarette use among middle and high school students doubled from 2011 to 2012; 17 Whereas nicotine solutions, which are consumed via electronic or battery -operated delivery smoking devices such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and bubble gum;18-7' 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 one19; 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 went from 11.8% in 2003 to 14.3% in 201 121 ; Whereas survey results show that more youth report that they have smoked a cigar product when it is mentioned by name, than report that they smoked a cigar in general, indicating that cigar use among youth is underreported22; Whereas in Massachusetts, youth use of all other tobacco products, including cigars, rose from 13.3% in 2003 to 17.6% in 2009, and was higher than the rate of current cigarette use (16%) for the first time in history23I 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%24; 17 Centers for Disease Control & Prevention. 2013. "Electronic Cigarette Use Among Middle and High School Students —United States, 201 L- 2012," Morbidity and Mortality Weekly Report (MMWR) 62(35): 729-730. 18 Cameron JM, Howell DN, White JR, et at. 2013. "Variable and Potentially Fatal Amounts of Nicotine in E-cigarette NicotineSolutions." Tobacco Control. [Electronic publication ahead of print], http://tobaccocontrol.bmj.conVcontent/early/2013/02/12/tobaccocontro1-2012-050604.ftill; 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. 549, 19 Food and Drug Administration, Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted by FDA, available at: http://www.fda.gov/newsevents/publichealthfoctis/ucm l73146,htm. 20 CDC (2011) Youth Risk Behavior, Surveillance Summaries (MMWR 2012: 87 (No SS-61)). Retrieved from: invw.ede.gov; and CDC (2003), Youth Risk Behavior, Surveillance Summaries (MMWR 2004: 53, 54 (No. SS-02)). 22 2010 Boston Youth Risk Behavior Study, 16.5%of Boston youth responded that they had ever smoked a fruit or candy flavored cigar, cigarillo or little cigar, while 24. 1% reported ever smoking a'Black and Mild" Cigar. 23 Commonwealth of Massachusetts, Data Brief, Trends in Youth Tobacco Use in Massachusetts, 1993-2009. Retrieved from: http://www.mass.gov/Ecohhs2/does/dph/tobacco_controUadoleseent_tobacco_useyouth_ trends_1993 2009.pdf. Whereas nicotine levels in cigars are generally much higher than nicotine levels in cigarettes 25; Whereas Non -Residential Roll -Your -Own (RYO) machines located in retail stores enable N retailers to sell cigarettes without paying the excise taxes that are imposed o G conventionally manufactured cigarettes. High excise taxes encourage adult smokers to quit and high prices a�L deter youth from starting.27 Inexpensive cigarettes, like those produced from RYO machines, ,promote the use of tobacco, resulting in a negative impact on public health and increased health 7 / care costs, and severely undercut the evidence -based public health benefit of imposing high excise taxes on tobacco; Whereas it is estimated that 90% of what is being sold as pipe tobacco is actually being used in Non -Residential RYO machines. Pipe tobacco shipments went from 11.5 million pounds in 2009 to 22.4 million pounds in 2010. Traditional RYO tobacco shipments dropped from 11.2 million pounds to 5.8 million pounds; and cigarette shipments dropped from 308.6 billion sticks to 292.7 billion sticks according to the December 2010 statistical report released by the U.S. Department , of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB)28; �-I � -, : 4. ILK "} 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 is particularly at risk for becoming smokers and such sale of tobacco products is incompatible with the mission of educational institutions that educateenvironmental and health risks and harms•; -' ga younger population about social, Whereas the Massachusetts Supreme Judicial Court has held that "... [the] right to engage in business must yield to the paramount right of government to protect the public health by any rational means"29 Now, therefore it is the intention of the Mansfield Board of Health to regulate the sale of tobacco products. 24 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 mid 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: i vm.nebi.nim.gov/pubmed/21809109. 25 National Institute of Health (NIH), National Cancer Institute (NCI) (2010). Cigar Smoking and Cancer. Retrieved from: http://N ww.cancer.govb/cmcertopies/factsheeLlTobacco/cigars. 26 Eriksen, M., Mackay, J., Ross, H. (2012). The Tobacco Atlas, Fourth Edition, American Cancer Society, Chapter 29, p. 80. Retrieved from: www.TobaccoAtlas.org. 27 Chaloupka, F. J. & Liccardo Pacula, R., NIH, NCI (2001). The Impact of Price on Youth Tobacco Use, Smoking and Tobacco Control Monograph 14: Changing Adolescent Smoking Prevalence) 193 —200. Retrieved from: http://deeps.nih.gov/TCRB/monographs/. 28 TTB (2011). Statistical Report —Tobacco (2011) JTB S 5210-12-2010). Retrieved from: fittp:Hl v.ttb.gov/statistics/2010/201012tobacco.pdf. 29 Druzik et at v. Board of Health of Haverhill, 324 Mass.129 (1949). ARTICLE 1. AUTHORITY The Board of Health, pursuant to the authority granted under the Massachusetts General Laws (M.G.L), Chapter 111, Section 31, hereby adopts the following regulation. ARTICLE 2. DEFINITIONS 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. 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. Coupon: Any card, paper, note, form, statement or other issue distributed for commercial 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. E-Cigarette: Any electronic Nicotine Delivery Product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of solid nicotine or any liquid containing nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name. Employee: An individual who performs services for an employer for consideration (includes volunteers). Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals, including the Town of Mansfield or any agency thereof, which regularly uses the services of two (2) or more employees. Management: The person, or group of people that oversee the operation of the establishment and are responsible for its day-to-day activities. Minimum Legal Sales Age: The minimum legal sales age is twenty-one (21). ri Nicotine Delivery Product: Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine delivery product includes, but is not limited to, e-cigarettes. Non -Residential Roll -Your -Own (RYO) Machine: A mechanical device made available for use (including to 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. Permit Holder: Any person engaged in the sale or distribution of tobacco or nicotine delivery products directly to consumers who applies for and receives a tobacco and nicotine delivery product sales permit or any person who is required to apply for a tobacco and nicotine delivery product sales permit pursuant to these regulations, or his or her business agent. Retail Store: Any establishment selling goods, articles or personal services to the public. Retail Tobacco Store: 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 under the age of twenty-one (21) is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the Mansfield Board of Health. Self -Service Display: Any display from which customers may select or make a tobacco product or a Nicotine Delivery Product without assistance from an employee or store personnel. Smoking: The lighting of any cigar, cigarette, e-cigarette, nicotine delivery system, pipe or other tobacco product or having the possession of any lighted cigar, cigarette, pipe or other tobacco product. MANSFIELD POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE 50 West Street Mansfield, MA 02048 Ronald A. Sellon, Jr. Chief of Police (508) 2617301 x221 (508) 339-1031 fax June 4, 2013 Mansfield Liquor Licensees: The "Town of Mansfield has significant challenges regarding underage drinking. Two bordering towns have college campuses and this community has a performing arts facility that draws persons under the age of twenty-one. Any person purchasing an alcoholic beverage within the Commonwealth of Massachusetts must have attained the age of twenty-one. It is the responsibility of the licensee to ensure that any person wishing to purchase an alcoholic beverage has, in fact, attained the legal drinking/purchasing age. Please make certain that each and every one of your employees is aware of this responsibility. Our department will be conducting enhanced enforcement action which includes surveillance patrols and compliance checks of licensees and underage stings. The department will be working in cooperation with minors under the age of twenty-one during some of these enforcement actions. These individuals have been advised that they are not to misrepresent themselves in any way. We ask for your continued cooperation keeping the Town of Mansfield safer for all that live, work and visit here. If you have -,my questions about this project or the procedures we will follow, please contact this office. Vexotv rs truly Ronald A. Sellon Chief of Police RAS/sj Tobacco Products: Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms. 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 or Nicotine Delivery Product. Violation: Failure to comply with any section of federal, state and local laws restricting the sale of tobacco and/or nicotine delivery products. ARTICLE 3. SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS Section 1. Retail Sales A. Minimum Legal Sales Age. No person shall sell tobacco or nicotine delivery products in any of its forms to any person under the age of twenty-one (21) years; or not being the ne individual's parent or legal guardian, give tobacco or nicotine delivery 7 Ct r products to a person under the age of twenty-one (21) years. B. Signage. Store managers where tobacco and nicotine delivery products in any of its forms are sold shall conspicuously post and maintain signs where tobacco and nicotine products are displayed and at all checkout counters notifying customers that proof of age is required to purchase tobacco products. Such signage will be available from the Board of Health. 1. Required Signage a. In conformance with and in addition to Massachusetts General Law, Chapter 270, Section 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 provided by the Massachusetts Department of Public Health and made available from the 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 0 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 owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post any additional signs required by the Massachusetts Department of Public Health. b. The owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post signage provided by the Board of Health that discloses current referral information about smoking cessation. c. The owner or other person in charge of a shop or other place used to sell nicotine delivery products at retail shall conspicuously post a sign stating that "The sale of nicotine delivery products, which includes e-cigarettes, to a person under 21 years of age is prohibited." The owner or other person in �.e- charge of a shop or other place used to sell e-cigarettes at retail shall Vc conspicuously post a sign stating that "The use of e-cigarettes at indoor i� establishments may be prohibited by local law." The notices shall be no smaller than 8.5" by 11" and shall be posted conspicuously in the retail establishment or other place in such a manner so that they may be readily seen by a person standing at or approaching the cash register. These notices 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. C. Identification. 1. No retailer may sell tobacco and nicotine products to any person younger than twenty-one (21) years of age. Each retailer shall verify by means of valid government issued photographic identification containing the bearer's date of birth that no person purchasing the product is younger than twenty- one (21) years of age. Verification is required for any person under the age of twenty-seven (27). 2. All retail sales of tobacco or nicotine delivery products must be face-to-face between the seller and the buyer. Examples of methods of sale, which are not permitted include, but are not limited to, vending machines and self- service displays. Z D. Statement of Review. No person, firm, corporation, establishment or agency selling tobacco and nicotine products in any of its forms shall allow anyone to sell or distribute tobacco and nicotine products, in any of its forms, until the employee has read the applicable Board of Health regulations and state and federal laws. Said person shall sign a statement, supplied by the Board of Health and kept on file at the establishment, that the employee understands and will uphold the regulations. Statements shall be subject to review by the Board. Section 2. Free Distribution and Coupon Redemption No person shall distribute, or cause to be distributed, any free samples of tobacco and/or nicotine delivery products as defined herein. No means, instruments or devices that allow for the redemption of all tobacco products or nicotine delivery products for free or cigarettes at a price below the minimum retail price determined by the Massachusetts Department of Revenue shall be accepted by any permit holder. Section 3. Out of Package Sales 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. Section 4. Self-service Displays All self-service displays of tobacco and/or nicotine delivery products as defined herein are prohibited. All humidors including, but not limited to, walk-in humidors must be locked. Section 5. Vending Machines The sale or dispensing of tobacco and/or nicotine delivery products through vending machines is prohibited. 10 Section 6. Non -Residential Roll -Your -Own Machines All Non -Residential Roll -Your -Own machines are prohibited. Section 7. Tobacco Products Sale Instruction No Tobacco Product Sales Permit holder shall allow any employee to sell tobacco and/or nicotine delivery products until such employee has received instruction in tobacco and/or nicotine delivery product sales regarding federal, state and local laws and signs a statement, a copy of which will be placed on file, at the location of named on the Tobacco and Nicotine Delivery Product Sales Permit that employee has received the required instruction. Section 8. Permit Display Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the retail establishment in a conspicuous place. ARTICLE 4. PERMIT FOR SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS Section 1. Permit for Location and Sale of Tobacco A. No person or firm shall engage in the sale of tobacco and nicotine delivery products without holding a valid "Permit for Location and Sale of Tobacco and Nicotine Delivery Products". B. Only a person who complies with the requirements of this regulation shall be entitled to receive and retain a permit. The Board of Health may suspend or revoke the permit for cause. C. The permit shall be valid for one year from the annual date issued. D. The permit shall be posted conspicuously on the premises of the establishment. E. A permit shall not be transferable from a person or place with the exception of a retailer changing location. 11 F. A permit shall only be issued to a business in a permanent building. G. 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 and Nicotine Delivery Product Sales Permit can be issued. H. The applicant is required to sign a statement declaring that the applicant has read the 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. Signing a false statement may be reason for suspension or revocation of the permit. I. The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be determined by the Mansfield Board of Health annually. ortine delivery separate nicoery products. rmit is required for each retail establishment selling tobacco Y Y K. Issuance of a Tobacco and Nicotine Delivery 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. L. A Tobacco and Nicotine Delivery 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. M. Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the retail establishment in a conspicuous place. N. A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the minimum legal sales age three (3) times within the previous permit year and the time period to appeal has expired. The permit holder may request a hearing in accordance with Section 5 of this article. O. When considering the issuance, including renewal, of a Tobacco and Nicotine Delivery Product Sales Permit, the Board of Health may consider all of violations in granting the permit. 12 Section 2. Application for Permit Any person desiring to sell tobacco products shall make written application for a permit on a form provided by the Board of Health. The application shall include: A. The applicant's name; the owner' name if different from the applicant; the applicant's post office address; whether such an applicant is an individual, partnership, or corporation, and if a partnership or corporation, the names of the partners or corporate officers together with their home addresses, state of incorporation, and the name and address of the local agent; B. The name and location of the establishment; C. The provider, type and frequency of review of tobacco and nicotine delivery products sales training. D. The signature of the applicant or applicants. Section 3. Suspension of Permit A. Suspension with Notice 1. The Board of Health or its agent may, after providing opportunity for hearing, suspend the permit for location and sale of tobacco and nicotine delivery products. 2. The Board of Health or its agent shall give notice of the violation and hearing to the permit holder in writing. 3. The notice shall specify the specific violations for which the permit is to be suspended and that after providing opportunity for a hearing, the permit shall be suspended if the Board of Health finds that the violation occurred. 4. If no request for hearing is filed within the seven (7) day period, the suspension shall be imposed. 13 Section 4. Revocation A. The Board of Health or its agent may, after providing opportunity for a hearing, order the revocation of a permit for: Serious or repeated violations of the requirements of this regulation; 2. Interference with the Board of Health in the performance of its duty; 3. Keeping or submitting and misleadind, or" false records or documents required by these regulations. B. The Board of Health or its agent shall give notice of the violation and the opportunity for a hearing to the permit holder in writing. C. The notice shall specify the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of seven (7) days following service of such notice, if the Board of Health finds that a violation occurred unless a written request for hearing is filed with the Board of Health by the permit holder within such seven (7) day period. D. If no request for hearing is filed within the seven (7) day period and the Board of Health finds that a violation occurred, the revocation shall be imposed. Section 5. Hearing A. The person or persons to whom any notice has been issued may request a hearing before the Board of Health. Such request shall be made in writing and shall be filed in the office of the Board of Health within seven (7) days after receipt of the notice. B. Upon receipt of such request the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. C. The hearing shall be commenced not later than fourteen (14) days after the day on which the request was filed. However, upon 14 application of the petitioner the Board of Health may postpone the date of the hearing for a reasonable time beyond such fourteen (14) day period if in the judgment of the Board of Health the petitioner has submitted a good and sufficient reason for such postponement. D. At the hearing the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. Any oral testimony given at the hearing shall be recorded verbatim_ E. After the hearing, the Board of Health shall make a final decision based upon the complete hearing record, and shall inform the petitioner in writing of the decision. If the board of health sustains or modifies the notice, it shall be carried out within the time period allotted in the original notice or in the modification. F. Any person aggrieved by the final decision of the Board of Health may seek relief in a court of competent jurisdiction in the Commonwealth. Article 5. Violations Section 1. It shall be the responsibility of the establishment, permit holder and/or his or her business agent to ensure compliance with all sections of this regulation. The violator shall receive: a. In the case of a first violation of this regulation, a fine of one hundred dollars ($100.00). All first time violators will be requested to appear before the Board of Health to discuss the conditions under which the violation occurred and what has been done to prevent reoccurrence. Failure to appear before the Board of Health may result in suspension of the permit after notice and opportunity to be heard. b. In the case of a second violation of this regulatioiy,\a fine of two hundred dollars ($200.00) within a thirty-six (36) month period of the date of the previous violation. All second violations within a thirty-six (36) month period shall be subject to suspension for up to seven (7) consecutive business days. c. In the case of three or more violations of this regulation, a fine of three hundred dollars ($300.00) within a thirty-six (36) month period of the date of the previous violation. All third and subsequent violations within a thirty-six (36) month period 15 shall cause the suspension of the Tobacco Product Sales Permit for up to thirty (30) consecutive business days. d. In the case of further violations or repeated, egregious violations of this regulation within a thirty-six (36) month period, a fine of three hundred dollars ($300.00). All further violations or repeated, egregious violations shall cause the suspension of the Tobacco Product Sales Permit for up to thirty (30) consecutive business days. The Board of Health may alternately revoke the Tobacco Product Sales Permit. Section 2. Tobacco Product Sales When Suspended In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco and nicotine delivery products while the permit is suspended shall be subject to the revocation of the tobacco products sales permit after notice and opportunity to be heard. �-, Section 3. Failure to Remove Product Failure to remove all tobacco and nicotine delivery products shall constitute separate violation of this regulation. Section 4. Embargo A. When a permit has been suspended, the holder of the permit shall, in the presence of a representative from the Board of Health, inventory all tobacco ` and nicotine delivery products for sale on the premises, package and seal the package. B. When the suspension has been fulfilled, the holder of the permit shall, in the presence of a representative from the Board of Health, inventory all tobacco and nicotine delivery products prior to restocking. Section 5. Tobacco and Nicotine Product Removal Upon Revocation When a permit has been revoked, the permit holder shall remove all tobacco and nicotine delivery products from the premises within twenty-four (24) hours. No tobacco and nicotine delivery products for sale shall be on the premises unless a valid permit has been issued. k Lre cis A< �,"? r6. ARTICLE 6. NON -CRIMINAL DISPOSITION 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. ARTICLE 7. ENFORCEMENT Section 1. Enforcement of this regulation shall be by the Mansfield Board of Health or its designated agent(s). Section 2. Anyone wishing to register a complaint pursuant to the regulation may do so by contacting the Mansfield Board of Health or its designated agent(s) in writing, naming the alleged violation, location, date and time of the violation and the Board shall investigate. ARTICLE 8: SEVERABILITY Each article and section of this regulation shall be construed as separate to the end that if any section or sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that section shall continue in full force. ARTICLE 9: EFFECTIVE DATE This regulation shall take effect January 1, 2016. A TRUE COPY ATTEST: By MANSFIELD BOARD OF HEALTH June 18, 2015 The West Bristol Tobacco & Alcohol Prevention Collaborative Memorandum of Agreement A. The purpose of the West Bristol Tobacco & Alcohol Prevention Collaborative (Collaborative) is to implement local policy, systems and environmental change to reduce tobacco use, reduce underage use of alcohol and improve local public health through interventions that are consistent with best practices from the Center for Disease Control and Prevention (CDC) and the Substance Abuse and Mental Health Services Administration (SAMSHA) and evidence -based practice such as the Institute of Medicine recommendations. This Memorandum of Agreement is entered into pursuant to G. L. Ch. 40, Sec. 4A. B. The City of Fall River is the Lead Municipality of the Collaborative. The Lead Municipality shall employ or otherwise provide Collaborative staff, shall provide reasonable physical accommodations for staff and operations and shall perform all duties and provide all services consistent with those afforded any other department under its jurisdiction. The Lead Municipality shall maintain accurate records of services performed, costs incurred and reimbursements received. The Lead Municipality may require the Collaborative to perform these functions on its behalf. An employee of the Lead Municipality who performs services on behalf of another municipality a party to this Agreement shall be deemed to remain an employee of their hiring unit. C. The municipalities that comprise the Collaborative include the following: Fall River (Lead Municipality) Foxborough Somerset Attleboro Mansfield Swansea N. Attleboro Norton Taunton Berkley Rehoboth Westport Dighton Seekonk D. The Collaborative, through the Lead Municipality, will provide services to the above -listed municipalities that include the following: 1. Provide and promote evidence -based prevention strategies to reduce tobacco use and underage alcohol use; 2. Enforce the statewide smoke -free workplace law and local laws relative to secondhand smoke; 3. Enforce violation of local youth access or tobacco sales regulations; 4. Draft an annual workplan for review and approval by participating municipalities; 5. Respect the local legal authority of each municipality to enact municipal specific local public health laws; 6. Communicate on an agreed -upon periodic basis with participating municipalities in the Collaborative. E. In consideration of the above services, the undersigned municipalities agree to the following: 1. Support Collaborative staff to promote evidence -based strategies to reduce tobacco use and underage alcohol use in the municipality; 2. Work with Collaborative staff to enforce the smoke -free workplace law and local laws relative to secondhand smoke in the municipality; 3. Work with Collaborative staff to enforce local youth access and tobacco sales regulations in the municipality; 4. Designate local board of health contact person for the Collaborative; a. This person shall participate in periodic meetings with the Collaborative. b. This person shall review the Collaborative's amuat workplan. 5. Execute documents required by the Massachusetts Department of Public Health and necessary for the performance of the grant. F. If any provision of the Agreement is held by a court of appropriate jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of the Agreement or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. G. Any notice permitted or required hereunder to be given by the Collaborative to any or all municipalities, shall be given to the Local board of health contact person for the municipality. H. This Agreement is binding during the time of this grant contract. The anticipated initial duration of the grant is up to three years; July 1, 2011 to June 30, 2014, subject to appropriation or the availability of sufficient non -appropriated funds under the grant funding authority. I. This Agreement maybe amended only in writing, signed by all municipalities a party to this Agreement and the duly authorized agent thereunto. Witness our Hands and Seals as of the dates here written. For Fall River, Lead Municipality IC For Attleboro Board of Health Dated: Authorized Agent Authorized Agent .� OCT 2 0 101h Western Bristol County & Foxboroug4 _ Tobacco & Alcohol Prevention Collabord ve - One Government Center, 4th A Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcoholPyiiiail.com October 16, 2014 Town of Mansfield Health Dept. Attn: Scott Leite 6 Park Row Mansfield, MA 02048 Re: Packet from October 9, 2014 meeting Dear Scott: As you are aware, a luncheon meeting for the Health Agents and Board of Health members was held on Thursday, October 9, 2014. Due to prior commitments, no one was available to represent Mansfield at that meeting. Enclosed please find the packet of materials for your Board of Health to review at their convenience. If there are any questions or concerns from your Board members please contact me and I will be happy to attend a regularly scheduled meeting to review the documents with them. Thank you. Yours in Health, Marilyn Edge Enclosure a t — Age Restricted Sales Policy HR705-10-04 Policy Number-: HR-705-10-01 Revision Dade: 03/09,01/10,10/11, 1/12 Replaces: Purpose To establish policy and procedures for the sale of age restricted products in Mascot Petroleum Division ol'Sunoco R&M Company Operated Retail Facilities. Strict compliance to all laws and regulations, as well as company policy and procedures are mandatory. De finilion.c Tobacco — cigarettes, cigars, chewing tobacco, powdered tobacco, smokeless tobacco, herbal cigarettes and other tobacco related paraphernalia such as rolling papas, pipes and butane lighters (where applicable by State and County laws). Alcohol — beer, wine, and liquor Other - Lottery Policy Any non-compliance with Age Restricted Sales Laws and Regulations may result in immediate discipline action, up to and including discharge, In the event that an employee is terminated for non-compliance, they will not be eligible to apply for rehire for a minimum of 6 months, and there is no guarantee that a,job offer will be made. The Division Operations Manager must approve a request for rehire for terminations as a result of'violation of this policy. If an employee, who is rehired after being terminated for non-compliance, fails to comply with this policy, they will be terminated and not eligible for rehire. As responsible retailers, we have an obligation to uphold the laws of each stale in which we offer age restricted products. All Mascot employees, as our representatives to the public, also have an obligation to know and abide by the laws of the state in which your store is located. Non-compliance to these laws and regulations could subject the store to penalties imposed by the state as well as jeopardize the employee's job and possibly result in fail time, fines and a permanent criminal record for the employee. It is a requirement of employment with Sunoco that every person working in our retail facilities sign the Alcohol and Tobacco Compliance Regulations sheet (SunR4259501)) at the time of hire. The sheet is found in the new hire packet. Additionally, all employees are required to complete the "Restricted Sales" portion of the CBT program prior to beginning work or operating a facility cash register. On an annual basis, all Facility Managers and Assistant Managers must obtain re -certification by completing the Tobacco Refresher Course located on the SunocoNet Portal under `Il'aI'll I'll g. All hourly employees must sign the "Employee Statement of Understanding of Sale of Age Restricted Products" (see Fxhibit 1) every payday. These signed sheets should be retained at the location Pr•ocedwes There are two methods utilized to verify compliance with Age Restricted Sales I. 4tlernal Nholr Sunoco will utilize Shopping Services to check each location on a regular basis. The purpose of these shops is to verify employee compliance with the policy. The shopper will attempt to purchase an age restricted product and will note the employee's compliance or lack of compliance with the policy. Governmenlat Ntings: Governmental agencies will on occasion use under age people to attempt to purchase age restricted products. In the event an employee sells the product, the location and possibly the employee could be cited, tined and possibly sentenced to jail. For the purpose of tracking compliance, Sunoco will use the following procedure: - A tailed internal shop will be tracked as I (one) point against the employee(s) involved, - A failed government sting will be tracked as 2(two) points against the employee(s) involved. 'file discipline process for failing a shop will be: HOURLY: 1 point -The employee will receive written counseling and a 3 (three) -day suspension without pay — not to include scheduled clays off.'rhe employee nttrst complete the Age Restricted Sales portion of CBT prior to returning to work. 2 points —The employee will be terminated tf an hourly employee goes one (1) year without a violation, their record will be cleared. MANAGER; 1 point - The Facility Manager will receive written counseling and a 7 (seven)day suspension without pay. The suspension MUST coincide vvith a pay week. The Facility Manager must complete the Age Restricted Sales portion of CBT prior to operating the register. 2 points — The Facility Manager will be terminated if a Facility Manager goes one (1) year with no violations, their record will be cleared. The Area Operations Manager must ensure that ALL employees in a location that receives a violation complete the restricted sales portion of CBT within one (1) week of the violation. If a Manager goes one (1) year with no additional violations, their record will be cleared. rr�porxirue,: aro uncontiolMN Rus -„pY i�; valid �;nly- nl flip Tern of piin(in , IAc cone ol� J ,snni i� ll r htr. urnonr .�' .n hau�d un Ilr .SunarolJef l'o5.d Local laws and ordinances will supersede this policy TENURE EXEMPTION: If rug employee who has been enaployed,%ar (it least 2 consecutive years, ivith no failed shops (either internal or governmental) fails an internal or govermnenlat shots, they will be suspended for 7 consecutive days svilhout pay. and no points will be issued. 1J'Ihe employee fails mzv subsequent shops, regardless of the limef!•cone, the,)) will be sub.leet to the discipline process aulined above. Record Keeping Each Division will be responsible for the tracking of failed shops utilizing the Compliance Tracking Log (Exhibit 2), and notifying the Area Operations Manager of the appropriate discipline step. The attached counseling notice (Exhibit 4) will be utilized to notify employees of the failed shop and the counseling steps related to Age Restricted Sales. I. MINIMUNIAGE: You must determine that a customer is of legal age before selling him or her alcohol or tobacco products (21 for alcohol, 18 for tobacco products). Company Policy requires that you card anyone who appears to be under 30 years of age for alcohol or tobacco sales If you have any doubts about an individual's age, ,you must ask for proper identification. * Certain States and Counties may require a minimum age of 19 (N.I, Nassau anti Suffolk Counties in NY) Y FDA requires that all tobacco customers under age 27 are carded. 2, SECOND PARTYSALE.S: You are not allowed to sell alcohol or tobacco products knowingly to it legal age adult who in turn is going to give or resell the alcohol or tobacco product to someone under legal age. INTOXICATED CUSTOMERS: It is against the law to sell alcohol to a visibly intoxicated person. ACCEPTABLE ID: Valid Driver's License Valid Learner's Permit — (For the State that Issued the Permit) Non -Drivers Identification Card issued by Commissioner of Motor Vehicles of the State Military Identification Card issued by the United States Armed Forces U.S. Passport and Enhanced Passport Card If a customer argues with you when you request an ID, politely explain to him or her that it is the Company's Policy to ask for ID when the customer appears to be under 30 years old when purchasing alcohol or tobacco products. HOURS OF SALE The hours of sale of alcohol are regulated by county or state. The Area Operations Manager and Facility Manager are responsible for providing this information to every employee at the facility. THREE STEPS TO ALCOHOL/TOBACCO MANAGEMENT 1, S.I.R. Size up the customer (for age, intoxication, and possible second party sale) Interview customers to check suspicions Rate customers, either OK or problem 2. M.A.A.M. Move alcohol or tobacco out of sight and reach Attitude must be firm, fair and friendly Assert the law and Company policy Move on to other customers or work 3. S.T.O.P Stay in the store, don't chase Temper control, don't touch or intervene Observe details Post details in store log; phone police If for any reason your store is missing the `WE CARD" signage, contact 1-800-WE ID-968 or send a fax to 1-800-935-3968 to request a new kit. NOTICE OF ACE RESTRICTED SALES VIOLATION Employee name Coop I! Sunoco and Mascot Petroleum are very concerned with operating their locations in compliance with the applicable laws, rules and regulations pertaining to Age Restricted sales. This is to advise you that we have been notified that you lai led a (an) hnte'nal shop Government sting You currently have point(s) in the past 12 months. Based on the Age Restricted Sales Policy, I IR705, this means: 1 Point I lourly --You are being suspended for 3 days without pay. Prig' to returning to work, you must pass the Age Restricted Sales portion of the CB`I' program. Please be advised that further violation or the Age Restricted Sales Policy could result in further disciplinary action up to and including termination. Manager— You are being placed on it 7 -day unpaid suspension. Prior to returning to work, you must successfully pass the Age Restricted Sales portion of the CBT program. Please be advised that further violation of the Age Restricted Sales Policy could result in fiu'ther disciplinary action up to and including termination. 2 Points — You are being terminated effective immediately. Employee signature Manager Signature Area Operations Manage' Signature KEEP ON Fii.r. AT STORE I.00A,riON Co-op #: Pay Period Ending: EMPLOYEE STATEWNT OF UNDERSTANDING OF AGE RESTRICTED PRODUCTS This acknowledges that I have received training and fully understand Sunoco, tile, (R&M)'s and Mascot Petroleum's policy With regatrd to the sale of Age Restricted products. It is my personal responsibility to request positive proof of age from conSumers where there might be any question as to Whether the customer is of legal age to purchase Age Restricted products and that this proof must be obtained With each purchase, not relying on proof furnished al the time of a prior purchase. I unda'stand that as it matter of company policy, I must card anyone Who appears to be under 30 Years old for the sale of alcohol or tobacco products. Also, I Understand that I must obtain an additional proof if there is any question as to the validity of' tile original prooi'offered. It is my fturther understanding that if I tail to follow this policy, f may be subject to immediate termination of employment, regardless of whe(her the breach of company policy is related to a legal citation or other incident. Employee's Name Written Fnnployee's Signature Date Moseot PefMICUM cornpaay, a dlvrslon or Sunoco light alcoholic beverages. You need to Use these and all Ilse tools the company provides to sell wine, liquor, and beer legally, responsibly and Professionally. When you do, the company, the maJorily of your cuslonlers, the police and novrs media are all on your side; the sWo of the LAW. These "Techniques of Tobacco Management' and the policies and procedures of the company, are the guidelines to the successful sale of tobacco products. YOU need to use these and all the tools the campnay provides to sell cigarettes, cigars, chewing tobacco, powdered tobacco, and other tobacco related paraphernalia such as roiling papers, pipes and butane lighters (where applicable by State and County Laws) legally, responsibly and professionally. Men you do - the company, the moJorlly of your customers, the police and news media are all on your side; the side of the LAW THE RISK FOR FAILURE ARE NOT WORTH THE LOSS OF YOUR JOB, A FINE, OR JAIL 0 0 • 0 r • •• 0 As each employee of this company knows, we are very concerned with operating our stores In compliance with the applicable laws, rules and regulations. The area most often encountered by store personnel Involves liquor and tobacco laws and regulations relating to the sale of these products. As you were taught in training, It is illegal to sell alcoholic beverages to minors under 21, to Intoxicated persons, and, of course, after hours; and it Is Illegal to sell tobacco products to people under 18, What you may not realize is that as well as jeopardizing yourjob and subjecting the store to a suspension of Its licenses, you also expose yourself and the company to liability for damages claimed by anyone Injured by the person to whom you have sold the alcoholic beverages illegally. Obviously, you would rather lose a sale than to expose the public to the risk of Injury, or you and ourselves to the risk of serious claims for damages. Please join us In a renewed effort to assure compliance with these taws and regulations. Check ID'sl Check the clocki Don't sell alcohol to anyone who appears at all intoxicatedi Don't sell alcohol or tobacco to a person under the legal age. Use yourjudgement, if there is any doubt In your mind, don't sell. Employee Statement of Understanding on the Sale of Alcoholic Beverages & Tobacco Products This Is to acknowledge that I fully understand the policy with the regard to the sale of alcoholic beverages and tobacco products. It Is my personal responsibility to request positive proof of age from consumers where there might be any question as to whether the customer is of legal age to purchase alcoholic beverages or tobacco products and that.ihis proof must be obtained with each purchase, not relying on proof furnished at the time of a prior purchase. I understand that as a matter of company policy, I must card anyone who appears to be under 30 years old for the sale of alcohol or tobacco products. Also,1 understand that, I must obtain an additional proof If there Is any question as to the validity of the original proof offered. It Is my further understanding that if I fail to follow this policy, I am subject to immediate termination of employment, regardless of whether the breach of company policy Is related to a legal citation or other Incident, May 30, 2011 To Whom It May Concern: This letter is to confirm the participation of Sunoco Convenience Stores in The BARS Program, As you may know, The BARS (Being A Responsible Store) Program is a voluntary, licensee -paid service that monitors one element of a store employee's job —do they ask for ID of customers under 30? Each month, BARS Program checkers (ages 21-25) visit every store, performing mock purchases of tobacco products, Before ringing up the sale, they monitor if ID is asked for by the employee, If so, a Green Card Is presented to the employee. If not a Red Card Is given, reminding them that asking for ID is part of their job. It is important to note that the Pennsylvania convenience store market has numerous national retail companies. However, Sunoco is one of a handful of multi -state retailers to include The BARS Program as part of their ongoing sales training for tobacco products, We offer our service to retailers and count on their voluntary participation to make our business grow, The Sunoco management team has been a great suppor t to our business, taking the lead in their market sector. Should you have any questions or require more information about The BARS Prograrn, please do not hesitate to contact me, Sincerely, David IC Gauciet President The BARS Program The West Bristol Tobacco & Alcohol Prevention Collaborative Memorandum of Agreement A. The purpose of the West Bristol Tobacco & Alcohol Prevention Collaborative (Collaborative) is to implement local policy, systems and environmental change to reduce tobacco use, reduce underage use of alcohol and improve local public health through interventions that are consistent with best practices from the Center for Disease Control and Prevention (CDC) and the Substance Abuse and Mental Health Services Administration (SAMSHA) and evidence -based practice such as the Institute of Medicine recommendations. This Memorandum of Agreement is entered into pursuant to G. L. Ch. 40, Sec. 4A. B. The City of Fall River is the Lead Municipality of the Collaborative. The Lead Municipality shall employ or otherwise provide Collaborative staff, shall provide reasonable physical accommodations for staff and operations and shall perform all duties and provide all services consistent with those afforded any other department under its jurisdiction. The Lead Municipality shall maintain accurate records of services performed, costs incurred and reimbursements received. The Lead Municipality may require the Collaborative to perform these functions on its behalf. An employee of the Lead Municipality who performs services on behalf of another municipality a party to this Agreement shall be deemed to remain an employee of their hiring unit. C. The municipalities that comprise the Collaborative include the following: Fall River (Lead Municipality) Foxborough Somerset Attleboro Mansfield Swansea N. Attleboro Norton Taunton Berkley Rehoboth Westport Dighton Seekonk D. The Collaborative, through the Lead Municipality, will provide services to the above -listed municipalities that include the following: 1. Provide and promote evidence -based prevention strategies to reduce tobacco use and underage alcohol use; 2. Enforce the statewide smoke -free workplace law and local laws relative to secondhand smoke; 3. Enforce violation of local youth access or tobacco sales regulations; 4. Draft an annual workplan for review and approval by participating municipalities; 5. Respect the local legal authority of each municipality to enact municipal specific local public health laws; 6. Communicate on an agreed -upon periodic basis with participating municipalities in the Collaborative. E. In consideration of the above services, the undersigned municipalities agree to the following: 1. Support Collaborative staff to promote evidence -based strategies to reduce tobacco use and underage alcohol use in the municipality; 2. Work with Collaborative staff to enforce the smoke -free workplace law and local laws relative to secondhand smoke in the municipality; 3. Work with Collaborative staff to enforce local youth access and tobacco sales regulations in the municipality; 4. Designate local board of health contact person for the Collaborative; a. This person shall participate in periodic meetings with the Collaborative. b. This person shall review the Collaborative's annual workplan. 5. Execute documents required by the Massachusetts Department of Public Health and necessary for the performance of the grant. F. If any provision of the Agreement is held by a court of appropriate jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of the Agreement or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. G. Any notice permitted or required hereunder to be given by the Collaborative to any or all municipalities, shall be given to the local board of health contact person for the municipality. H. This Agreement is binding during the time of this grant contract. The anticipated initial duration of the grant is up to three years; July I, 2011 to June 30, 2014, subject to appropriation or the availability of sufficient non -appropriated funds under the grant funding authority. I. This Agreement may be amended only in writing signed by all municipalities a patty to this Agreement and the duly authorized agent thereunto. Witness our Hands and Seals as of the dates here written. For Fall River, Lead Municipality By: Authorized Agent Dated: For Mansfield Board Authorized Agent Dated: Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th A Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com Collaborative Meeting October 9, 2014 Agenda Welcome and Introductions Review TAFI Sheets Review Compliance Check Data Review List of Smoke Free Housing Authorities & Multi -Family Properties — Judith Coykendall Discuss contact by Dr. Lester Hartman — Tobacco 21 Project Presentation by Cheryl Sbarra on the latest sample Regulation Housing AuthorityrQ Cities/Towns Served Greenfield Housi,§iRMjArkree Houg{1&;%Nunieipal Westwood Housing Authority Lunenburg Housing Authority Montague Housing Authority Ludlow Housing Authority Franklin County Regional Housing and Redevelopment Authority Granby Housing Authority Millis Housing Authority Springfield Housing Authority Auburn Housing Authority Boston Housing Authority Acton Housing Authority Concord Housing Authority Hatfield Housing Authority Wayland Housing Authority Mashpee Housing Authority Falmouth Housing Authority Cohasset Housing Authority Middleborough Housing Authority Agawam Housing Authority North Adams Housing Authority Ware Housing Authority Lenox Housing Authority Norwood Housing Authority Burlington Housing Authority New Bedford Housing Authority Fairhaven Housing Authority Williamstown Housing Authority Bridgewater Housing Authority Groveland Housing Authority Lee Housing Authority Barre Housing Authority Taunton Housing Authority Lowell Housing Authority Scituate Housing Authority Brookline Housing Authority Dedham Housing Authority Framingham Housing Authority Canton Housing Authority. Danvers Housing Authority Cambridge Housing Authority Reading Housing Authority Totals: 42 housing authorities Implementation Date (earliest -latest) Housing Autholj6*js Westwood 2009 Lunenburg 2010 Montague 2010 Ludlow 1-Jul-11 All 26 towns of Franklin County Granby Millis Springfield Auburn Boston Acton Concord Hatfield Wayland Mashpee Falmouth Cohasset Middleborough Agawam North Adams Ware Lenox Norwood Burlington New Bedford Fairhaven Williamstown Bridgewater Groveland Lee Barre Taunton Lowell Scituate Brookline Dedham Framingham Canton Danvers Cambridge Reading 67 cities/towns 2011 or 2012 1-Jan-12 Jan. or Feb. 2012 1-Apr-12 1-Sep-12 30-Sep-12 2012 2012 2012 2012 1-Jan-13 1-Apr-13 1-Jul-13 1-Jul-13 1-Aug-13 1-Sep-13 1-Sep-13 1-Oct-13 1-Oct-13 1-Jan-14 1-Jan-14 1-Jan-14 1-Mar-14 1-Apr-14 1-Apr-14 1-Apr-14 1-May-14 1-May-14 1-May-14 1-May-14 1-June-14 1-June-14 1-June-14 1-July-14 1-July-14 1-Aug-14 1-Sept-14 # of Units 244 10 48 110 156 250 60 83 2,392 190 14,000 140 145 44 136 86 277 64 195 242 305 ill 122 481 115 2,551 284 38 146 61 66 66 776 2000 209' 893 300 1,069 249 257 2,500 85 31,556 units Municipal Housing Authorities Considering Going Completely Smoke -Free (a rule for all units) Implementation Date Housing Authority Cities/Towns Served (earliest -latest) # of Units