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Home My WebLink About213 So. Main St. ( The Store) - 2014TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 27, 2014 Madhuben R. Patel Kanlcu, Inc. dba The Store 213 South Main Street Mansfield, MA 02048 Dear Mr. Patel, In the inonth of October 2013, a compliance check regarding illegal tobacco sales to minors was conducted by the Massachusetts Tobacco Cessation Program as part of the United States Food and Drug Administration contract with Massachusetts. The compliance check revealed that your establishment sold tobacco products to a person under the age of eighteen (18) years old. The Board of Health requests your attendance to discuss this matter at its February 6°i meeting. The meeting will be held at the Town Hall, 6 Park Row in meeting room 2 A/B, second floor at 7:00 PM. Yo 1 ly, Scott Leite, Health Agent Tobacco Retailer Warning Letters > The Store 12/19/13 Page 1 of 3 Homelnspections Compliance Enforcement and Criminal InvestigationsEnforcement ActionsWarning Letters nctions, Compliance, Enforcement, and Criminal Investigations The Store 12/19/13 Department of Health and Human Services WARNING LETTER VIA UPS The Store Attn: Site Manager 213 South Main Street Mansfield, MA 02048 Public Health Service Food and Drug Administration Center for Tobacco Products 9200 Corporate Boulevard Rockville, MD 20850-3229 December 19 201 Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violations Reference Number: 13MA006148 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that The Store was observed to be in violation of federal tobacco laws and regulations. Failure to correct these violations may lead to federal enforcement actions, includlnc monetary penalties. Your response Is requested in 15 working days. On October 12, 2013, an Inspector representing the FDA completed an inspection of the establishment, located at 213 South Main Street, Mansfield, MA 02048. During this Inspection th 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 12, 2013, Inspection include the following: 1. A minor was able to buy Marlboro cigarettes on October 12, 2013, at approximately 11:15 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 October 12, 2013, at approximately 11:IS 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/oi smokeless tobacco. Failure to do so violates 21 C.F.R. § 1140.14(b)(1). http://www.fda. gov/ICECIBnforeementActions/WamingLetters/Tob... 1 /24/2014 Tobacco Retailer Warning Letters > The Store 12/19/13 Page 2 of 3 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/TobaccoProductsi. 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 13MA006148 in your response and mail it to: SP-WIResponse 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.Welsbuch@fda.hhs.,gov. Have your reference number ready when you call and include 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 Paget Page Last Updated: 01/06/2014 Note: If you need help accessing information in different file formats, see Instructions for Downloading Viewers and Players. 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