HomeMy WebLinkAbout390 West St. (Cork's) - 2014TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
January 27, 2014
Megan Foley
Cork's Fine Wine and Liquors
390 West Street
Mansfield, MA 02048
Dear Ms. Foley,
In the month 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.
YoursFi V,
Scott ite, Health Agent
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114 Department of Health and Human Services
WARNING LETTER
VIA UPS
Cork's Fine Wine & Liquors
Attn: Site Manager
390 West 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: 13MA006165
Dear Sir or Madam:
This Warning Letter is notification from the United States Food and Drug Administration (FDA)
advising you that Cork's Fine Wine & Liquors 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 12, 2013, an inspector representing the FDA completed an inspection of the
establishment, located at 390 West Street, 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 12, 2013, inspection include the following:
1. A minor was able to buy Marlboro cigarettes on October 12, 2013, at approximately
3:49 PM 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 3:49 PM.
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/ICECl/EnforeementActions/WamingLetters/Tob... 1 /24/2014
Tobacco Retailer Warning Letters > Cork's Fine Wine & Liquors 12... 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/TobaccoProducts'
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 13MA006165 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
Sashka.Mannion@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
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