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HomeMy WebLinkAbout660 East St. (Family Food Mart) - 2014TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 27, 2014 Pranavkumar Patel Family Food Mart 660 East Street Mansfield, MA 02048 Dear Mr. Patel, 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 6111 meeting. The meeting will be held at the Town Hall, 6 Park Row in meeting room 2 AlB, second floor at 7:00 PM. Yours tru Scott )heie, Health Agent Tobacco Retailer Warning Letters > Family Food Mart 12/19/13 Page 1 of 3 Compliance, Enforcement, and Criminal Investigations Family Food Mart 12/19/13 i 1'4 Department of Health and Human Services WARNING LETTER December 19, 2013 VIA UPS Family Food Mart Attn: Site Manager 660 East Street #5 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: 13MA006164 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Family Food Mart was observed to be in violation of federal tobacco laws and regulations, Failure to correct these violations may lead to federal enforcement actions, includinc 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 660 East Street #5, 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 2:54 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 2:54 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/EnforeementActi ons/ W amingL etters/Tob... 1 /24/2014 Tobacco Retailer Warning Letters > Family Food Mart 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/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 13MA006164 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 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 Paget Page Last Updated: 01/03/2014 Note: If you need help accessing information In different file formats, see Instructions for Downloading Viewers and Players. AccessibilityContact FDACareersFDA BasicsFOIANo Fear ActSite MapTransparencyWebsite 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 GovernmentFor Press Combination Prod uctsAdvisory CommltteesScience & ResearchRegulatory Information SafetyEmergency Prepared nessInternationaI ProgramsNews & EventsTraining and Continuing EducationInspections/ComplianceState & Local Off lcialsConsumersIndustryHeaith Professionals FDA Archive U.S. Deparhnent of Health & Human Services http ://www. fda. gov/ICECl/EnforeementActions/ W arningLetters/Tob... 1 /24/2014 02/17/2016 15:21 5083242544 FALL RIVER HEALTH PAGE 02/07 MTCP ID: Tobacco Compliance. Check Fo.>GM 241.4-2Q15 Section 1: FstabXzsTamen Survey pa>rC o &,nts blame: 1 _ Address: ID of Purchaser:_ 16 11 j City: `1 Zip Code: sex:\V v&le Female (1 � blame o£'Adult Sttlrarvisor:�1 , Time of Check: amq' p Type of Establishment; n Chain ❑ Independent ❑ Not Known Date of Cheok, Day of the Week-❑ n Tues ❑ Wed ❑ nu a ElFn ❑ Sat un 'style of Establishment (Check Only 0ae): ❑ Convenience Store ❑ D artment Store CI Ccas Station Oni ❑ Gas �'M� q Qroeo Store ❑ Li uor6toreeFlub' © Pharma /Dru Store Q Other owlin alle , olf club etcconist W Iz 'on etc. rant Ah Section Zt Chas Comiplianee Chetk complete Y o Q IJ Yes please eonftue on to the next questloh, it No.please skip tl ' section and go to seotlon S. �Ro was tobacco marketed? Wover-tho-counter: youth asks the clerk for the product El' From a vending macbina' with a lockout device; ❑ Other Describe: 'Was the Purchaser asked for ID? Yes 11 No � Was this an )D-klased check? ' Yes ❑ No Was the Purchaser asked hislher age? Yes ❑ No San otClork: Male ❑ Femalew Approximate age of clerk ❑ Teen q Young Adult VAdult q Older Adult .Type of tobacco asked for: Cl ,Cigare tes Brand of cigarettes asked for:,Q Marlboro ❑'Ncwpmt ❑-Otber: ❑ Cbew/DipN? Cigars q E,Cigaretres ❑ Other Eraudi Was the product requested flavored (NOT Tobacco or menthol)? Yes Q No" Was the sale wade? Yes)4 No M 7. If" Yes" how much did the product coat; s 3'y Was a receipt given? Yes ❑ No L 3.4 If the yautlt did not enter the premises or dtd not attempt to purchase tobacco products please indicate why: d Out of Business Q Does not sell tobacco ❑ Loaccessiblebyyouth, ❑ Private club/personal residence ❑ Tomp, long term closure ❑ Unlocatable ❑ Wholesale onl /cartons ❑ Machine broken M ❑ U In 22eratlon,oloacd at time of visit Unsafe to access Presence of Police q q ❑ ❑ Drive thru only Tobacco out of stock Permit S ended c)dw ❑ "Don't sell" but tohacco seen in store/has pwynit 4414115 02/17/2016 15:21 5083242544 FALL RIVER HEALTH PAGE 03/07 02/17/2016 15:21 5083242544 FALL RIVER HEALTH PAGE 04/07 B of t_ " NO 1046 TOWN OF MANSFIE- LD* NOTICE OF VIOLATION OF TOWN BYLAW OR REOULATION ' 0tM.)ll'•MI ON ACKNOWLFDSE REMPT OF, THE POnE001N0 �`X gf ft" to obwn tlprnlure of oHenecG Dam Mwwl . THE NONCRIMINAL FINE FOR TM ORENSE M Z�1,1Q Ua YOU NWE THE F%LOYANO ALTEAN MB IN TIM MATTER &vtor option (1) or over; M MB operafo rm'a dlw wgapkdUoq KI& no aengrN aAdne Moore.. (1)You myy Moo, to pay de mewc one. amber by apmdno In paO orthrmgh o NYaWfNIhBO aOHd, Or by mamrq a medE, MMY order bf poabd none WOHIN 21 DAYS OF THE DATE OF THIS NOTICE to: TOWNCLERK G PARK ROW UMSFIELO, MA02000. (FI Nyou desire to contest I%roamer. you may do, by mtWrq a adder request for a non-o h4lal loadr and 01"M e,py of the tryadon, WITHIN 21 DAYS OF THE PATE OF THIS NOTICE to: THE OL1111IO aGMTE ' in"t Court negnlnent AMMOM DIAlcl Caba 100 N. Rah St" ' Almehcre, *A OM Attu: 21D Neesdmlwl Haednos M H you rail to pay the above Are tr to IWuvet a hewing within 21 days•'m if you ful to appear for me he0dn0 or to pay any, one dHenadled m ma he§drq to be due. i almbW complahl may be baled against M. ❑ 1 HEREBY ELECTthe Nd option abwo,,,less Ile othraa Harped, and enbbee r payrocM in the ald,M Of S 1 HEREBY REDDEST A NONCRIMINAL HEARINO on mis mailer, sl"vm ti