HomeMy WebLinkAbout70 Copeland Dr. (Sunoco) - 2014TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
September 23, 2014
Mr. Joseph Burroughs, Store Manager
Sunoco # 6035
70 Copeland Drive
Mansfield, MA 02048
Mr. Joseph Scaramozzino, Area Manager, Sunoc6, Inc. (R&M)
905 Judson Street
Raynham, MA 02767
Dear Messrs.' Burroughs and Scaramozzino,
The Mansfield Board of Health has received notice of a tobacco retail/compliance check
conducted at your store, Sunoco# 6035, 70 Copeland Street, Mansfield, MA on January
11 and 24, 2014 by the Massachusetts Tobacco Cessation and Prevention Program on
behalf of the U. S. Food and Drug Administration. The result of the compliance check
was that a minor, whose identification was not checked, was able to buy cigarettes.
The Food and Drug Administration and the Mansfield Board of Health have parallel
regulations regarding youth access to tobacco. The Board of Health would like to meet
with you to discuss how you have remedied this matter and what plans you have to
prevent a recurrence.
Please attend the October 2, 2014 meeting of the Board of Health at 7:00 PM. The
meeting will be held in the Town Hall, Meeting Room 2 A/B (second floor), 6 Park Row.
Confirmation of attendance will be appreciated. ,
r
See Le' , Health Agent
Copy: Elijah Munk, Senior Compliance Coordinator
Sunoco, Inc. (R&M)
One Meridian Blvd., Suite 2A01
Wyomissing, PA 19610-1258
February 14, 2013
Mr. Joseph Burroughs, Store Manager
Sunoco # 6035
70 Copeland Drive
Mansfield, MA 02048
Mr. Joseph Scaramozzino, Area Manager, Sunoco, Inc. (R&M)
905 Judson Street
Raynham, MA 02767
Dear Messrs.' Burroughl; and Scaramozzino,
The Mansfield Board of Health has received notice of a tobacco retail/compliance check
conducted at your store, Sunoco# 6035, 70 Copeland Street, Mansfield, MA on October
6, 2012 by the Massachusetts Tobacco Cessation and Prevention Program on behalf of
the
U. S. Food and Drug Administration. The result of the compliance check was that a
minor, whose identification was not checked, was able to buy cigarettes.
The Food and Drug Administration and the Mansfield Board of Health have parallel
regulations regarding youth access to tobacco. The Board of Health would like to meet
with you to discuss how you have remedied this matter and what plans you have to
prevent a recurrence.
Please attend the March 7, 2013 meeting of the Board of Health at 7:30 PM. The
meeting will be held in the Town Hall, Meeting Room 2 AB (second floor), 6 Park Row.
Confirmation of attendance will be appreciated.
Yours truly,
Scott Leite, Health Agent
Copy: S. Blake Heinemann, Vice President of Retail Operations/ Real Estate
999 Berkshire Boulevard
Suite 100
Wyomissing, PA 19610-1258
Tobacco Retailer Warning Letters > Sunoco 12/6/12
Page 1 of 3
Hott7_e3 I sections Compliance Enforcement, and ( rrrninal_Investi ucrls4 Comf7li4r}ce Actions an._c3
ictrvitresS.Warnin Letter 61`obacc e after Warnlr s (ctt,r.7
nspections, ompliance, -n orcervlen , and rirninal Investigations
Sunoco 1216/12
i 4:1
Department of Health and Human Services
WARNING LETTER
DEC 6, 2012
VIA UPS
Sunoco
Attn: Site Manager
70 Copeland Drive
Mansfield, MA 02048
Public Health Service
Food and Drug Administration
Center for Tobacco Products
9200 Corporate Boulevard
Rockville, MD 20850-3229
Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violations
Reference Number: 13MA000057
Dear Sir or Madam:
This Warning Letter is notification from the United States Food and Drug Administration
(FDA) advising you that Sunoco was observed to be in violation of federal tobacco laws and
regulations. Failure to correct these violations may lead to federal enforcement actions,
including monetary penalties. Your response is requested in 15 working days.
On October 6, 2012, an inspector representing the FDA completed an inspection of the
establishment, located at 70 Copeland Drive, Mansfield, MA 02048. During this Inspection
the establishment was in violation because you or your employee sold cigarettes to a minor
and failed to check identification to verify purchaser's age.
This inspection revealed that the establishment sells, distributes, advertises, and/or
promotes cigarettes, cigarette tobacco, and/or smokeless tobacco, which requires that the
establishment and its owners comply with federal laws and regulations governing such
practices. The violations observed during the October 6, 2012, inspection include the
following:
1. A minor was able to buy Marlboro cigarettes on October 6, 2012, at approximately
1:22 PM ET in the establishment.
A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco to a
person younger than 18 years of age. Doing so violates 21 C.F.R. § 1140.14(a).
2, No one in the establishment checked the minor's identification before the sale of
Marlboro cigarettes on October 6, 2012, at approximately 1:22 PM ET.
http://www.fda.gov/ICECl/EnforeementActions/WarningLetters/toba... 9/23 /2014
Tobacco Retailer Warning Letters > Sunoco 12/6/12 Page 2 of 3
A retailer MUST check a photographic identification that includes a date of birth for
any person under the age of 27 who attempts to purchase cigarettes, cigarette
tobacco, and/or smokeless tobacco. Failure to do so violates 21 C.F.R. § 1140.14(b)
M.
The listed violations cause your cigarettes to be "misbranded" under 903 of the FD&C Act
(21 U.S.C. § 387c).
You should immediately correct the violations listed above. Failure to correct the violations
may result in FDA taking regulatory action without further notice. These actions may
include, but are not limited to, civil money penalty, no -tobacco -sale order, seizure, and/or
injunction.
The violations indicated in this letter may not be a complete list of violations at the
establishment. The establishment must comply with all the applicable laws and
regulations, For more information on these requirements, helpful resources for retailers, a
database of Inspections, and free Break the Chain of Tobacco Addiction materials, visit our
website at http://www.fda.gov/TobaccoProductsll.--
You have 15 working days from the date you receive this letter to respond. In your
response, explain your plan for correcting the listed violations and preventing future
violations, Include a telephone number and address. Note your reference number of
13MA000057 in your response and mall it to:
SP-WL Response
FDA Center for Tobacco Products
9200 Corporate Boulevard
c/o Document Control Center
Rockville, Maryland 20850
If you have any questions, contact Aaron Weisbuch at (301) 796-9362 or via email at
Aaron.Weisbuch@fda.hhs.gov. Have your reference number ready when you call and include
it with any email communications.
Sincerely,
/S/
Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products
Return to Tobacco Retailer Warning Letters Main Page12
Page Last Updated: 02/07/2013
Note: If you need help accessing information In different file formats, see Instructions for
Downloading Viewers and Players.
Accessibility Contact FDA Careers FDA Basics FOIA No Fear Act Site Map Transparency
Website Policies
U.S. Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, MD 20993
Ph. 1-888-INFO-FDA (1-888-463-6332)
Email FDA
http://www.fda.gov/ICECl/EnforcementActions/WarningLetters/toba... 9/23/2014
9/23/2014
Tobacco Retailer Warning Letters > Sunoco 5/8/14
liOntg�3 1StI1S 011lp,�ld Y1Cand 5WEtCECement, 71111„4t0O7}FAr4 i_YcTden n�
e '
- rcement, and Criminal Investigations
Sunoco 5/8/14
44
Department of Health and Human Services
WARNING LETTER
Public Health Service
Food and Drug Administration
Center for Tobacco Products
9200 Corporate Boulevard
Rockville, MD 20850-3229
May 8 201
Sunoco
Attn: Site Manager
70 Copeland Drive
Mansfield, MA 02048
Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violations
Reference Number: 13MA005406AB
Dear Sir or Madam:
This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you
that Sunoco was observed to be in violation of federal tobacco laws and regulations. Failure to correct these
violations may lead to federal enforcement actions, including monetary penalties. Your response is requested
in 15 working days.
On January it and 24, 2014, an inspector representing the FDA completed a two-part inspection of the
establishment, located at 70 Copeland Drive, Mansfield, MA 02048. During this inspection the establishment
was in violation because you or your employee sold cigarettes to a minor and failed to check identification to
verify purchaser's age.
This inspection revealed that the establishment sells, distributes, advertises, and/or promotes cigarettes,
cigarette tobacco, and/or smokeless tobacco, which requires that the establishment and its owners comply
with federal laws and regulations governing such practices. The violations observed during the January 11 and
24, 2014, two-part inspection include the following:
1. A minor was able to buy Marlboro cigarettes on January 11, 2014, at approximately 11:21 AM in the
establishment.
A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco to a person younger
than 18 years of age. Doing so violates 21 C.F.R. § 1140.14(a).
2. No one in the establishment checked the minor's identification before the sale of Marlboro cigarettes
on January 11, 2014, at approximately 11:21 AM.
A retailer MUST check a photographic identification that includes a date of birth for any person under the
age of 27 who attempts to purchase cigarettes, cigarette tobacco, and/or smokeless tobacco. Failure to
do so violates 21 C.F.R. § 1140.14(b)(1).
The listed violations cause your cigarettes to be "misbranded" under 903 of the FD&C Act (21 U.S.C. § 387c).
http://www.fda.gov/ICECl/EnforcementActionsNVamingLetters/tobacco/ucm398234.htm 113
9/23/2014
Tobacco Retailer Warning Letters > Sunoco 5/8/14
You should immediately correct the violations listed above. Failure to correct the violations may result in FDA
taking regulatory action without further notice. These actions may include, but are not limited to, civil money
penalty, no -tobacco -sale order, seizure, and/or injunction.
The violations indicated in this letter may not be a complete list of violations at the establishment.
We will periodically inspect your establishment and review your promotional activities (e.g., website{s})
related to FDA -regulated tobacco products to assess your compliance with all applicable laws and regulations,
including access, marketing, labeling, and advertising restrictions. For more information on these
requirements, helpful resources for retailers, a database of inspections, and free Break the Chain of Tobacco
Addiction materials, visit our website at http://www,fda.gov/TobaccoProducts11. Specifically, Guidance for
Industry: Compliance with Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless
Tobacco to Protect Children and Adolescents provides additional information on compliance with retailer
responsibilities
http://www.fda. gov/TobaccoProducts/GuidanccCornpliar)ceRegulatot-ylnforrnation/ucrn252758. html2.
You have 15 working days from the date you receive this letter to respond. In your response, explain your pla
for correcting the listed violations and preventing future violations. Include a telephone number and
address. Note your reference number of 13MA005406AB in your response and mail it to:
SP-WL Response
FDA Center for Tobacco Products
9200 Corporate Boulevard
c/o Document Control Center
Rockville, Maryland 20850
If you have any questions, contact Sashka Mannion at (301) 796-3010 or via email at
Sash ka.Man nion a (da.hhs.9ov. Have your reference number ready when you call and include it with any email
communications.
Sincerely,
/s/
Ann Simoneau, J.D.
Director
Office of Compliance and Enforcement
Center for Tobacco Products
Return to Tobacco Retailer Warning Letters Main Page13
Page Last Updated: 05/21/2014
Note: If you need help accessing information in different file formats, see Instructions for Downloading Viewer
and (Mayers.
Accessibility Contact FDA Careers FDA Basics FOIA No Fear Act Site Map Transparency Website Policies
U.S. Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, MD 20993
Ph. 1-888-INFO-FDA (1-888-463-6332)
Email FDA
For Government For Press
Combination Products Advisory Committees Science & Research Regulatory Information Safety
Emergency Preparedness International Programs News & Events Training and Continuing Education
Inspections/Compliance State & Local Officials Consumers Industry Health Professionals FDA Archive
U.S. Department of Health & Human Services
Links on this page:
1. http://www.addthis.com/bookmark.php?u508=true&v=152&username=fdamain
http://www.fda.gov/ICECl/EnforrementActions/JarningLetters/tobacco/ucm398234.htm 2/3