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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. 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