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Home My WebLink About905 South Main (Xtra Mart) - 2013Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, MA 02722 Marilyn Edge, Director Office: 508 324 2423 Email: WBristolTobaccoAlcohol@gmail.com Cell: 774 488 9341 Fax: 508 324 2429 December 3, 2014 Serving Boards of Health in Drake Petroleum Co., Inc. Attleboro D/b/a XtraMart Attn: Manager N. Attleboro 905 S. Main St. • Mansfield, MA 02048 Berkley 'ton Re: Sale of Tobacco to a Minor Violation Digh Fall River Dear Sir/Madam: Foxborough On Wednesday, November 26, 2014, at approximately 2:22 p.m., • Inspector Sarah LeRoux conducted a compliance check at your Mansfield establishment. Norton At that time a female clerk sold a pack of Marlboro Box to a 16-year old Seekonk boy without asking for identification. Somerset Please be advised that, as this is the first offense for this establishment, • this letter serves as your first and only official warning. No citation will Swansea issue for this sale. Taunton Please be advised that this sale is separate and apart from any sales made Westport during compliance checks conducted by the FDA. I understand that you have had two failed FDA compliance checks. You will be receiving notice of the penalty for those offenses directly from the FDA. If you have any questions please do not hesitate to contact me. Yours in Health, Marilyn Edge Mail: Certified — return receipt CC: Regular Mail CC: Scott Leite, Health Agent TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 November 25, 2014 Drake Petroleum Company 221 Quinebaug Road North Cnosvenordale, CT 06255 X-Tra Mart 905 South Main Street Mansfield, MA 02048 Dear Drake Petroleum Company%X-Tra Mart In my November 26, letter to you regarding a compliance check of 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; I requested that you attend a meeting of the Board of Health. The information I had from the FDA source was not timely and there was no violation in October of 2014. Please excuse my error. Yours duly, Scott Leite, Health Agent TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 15, 2015 Mr. Leonard J. Antos, Assistant Treasurer Drake Petroleum Company 221Quinebaug Road North Grosvenordale, CT 06255 Dear Mr. Antos, At the January 8`" Board of Health meeting, two of your employees, Store Manager James Brodeur and Regional Supervisor Andrea Palmieri attended to discuss Mansfield X-tra Mart's fourth sale of tobacco to a minor within a fourteen month period. Three of the tobacco sales to minors (October 12, 2013, April 20, 2014 and May 3, 2014) tools place during United States Food and Drug Administration compliance checks. The fourth compliance check was performed by the Western Bristol County and Foxborough Tobacco and Alcohol Prevention Collaborative on November 26, 2014. The Mansfield Board of Health finds your performance in this matter lacking the attention it deserves. The Board of Health expects that any future violations will be discussed with the corporate manager responsible for tobacco sales training, not the local management or supervisor. You are hereby notified that any sales to minors within two years from the date of this letter will result in both a suspension of your Permit for Sale of Tobacco and Nicotine as well as a monetary fine, the duration and amount will be determined by the Board of Health. If I can be of assistance, please do not hesitate to contact me. Health Agent CERTIFIED: 7003 1680 0006 9325 7128 C: James Brodeur, Store Manager Andrea Pahnieri, Regional Supervisor i 2/3/2015 USPS.com® - USPS TrackingTM' Engilah Cuslamer Service USPS MobIIo assists, I Stan In TM USPS Tracking�� customel' service, Have questions? Were hereto help. ....'.: Tracking Number: 70031680000693267128 Updated Delivery Day: Thursday, January 22, 2015 Product & Tracking Information Available Actions Postal Product: Features: Contract Mail' Teat Updates DAI I tlAl SIATOS01'Ifet1 IOCAUON Email Updates '. January 22,2015,10:09 Oallvmed NORTH Name am GROSVENORDALE, CT 06265 You,`I I rncdelN. ed at 10'.09 un Pmuory22, 2015 in NOR i I I GKOSVLNOPDlII CT00255. Email Address January 22,2015,8:50 Arrived at Unit PUTNAM,CT06260 am Send me all activity until this point Send me all future activity for this item -. Get Updates Return Receipt After Mailing '.. USPS Return Receipt Met Melfixg Onfele servbe provides an . emabtransmaled PDF of the signature record on go at USPS to customers wtih eligible auction numbers. '. This package Is elgble for an elechonlo ReNrn Receipt Met Word request Return Receipt After Mating request w9 cost: $5.25 To begin, please sign In to your USPS.com®account Sign In Donl have a USPS.eom eccount7 Rcainer now. Track Another Package Tracking (or receipt) number It httpsJ/tools.usps.com/go/TrackCmfirmAcOon.aeUon7tRef=fullpage&lLc=1&text28777=&tLabels=7003+1680+0006+9325+7128 1/2 TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 15, 2015 Mr. Leonard J. Antos, Assistant Treasurer Drake Petroleum Company 221Quinebaug Road North Grosvenordale, CT 06255 Dear Mi•. Antos, At the January 8 b Board of Health meeting, two of your employees, Store Manager James Brodeur and Regional Supervisor Andrea Palmieri attended to discuss Mansfield X-tra Mart's fourth sale of tobacco to a minor within a fourteen month period. Three of the tobacco sales to minors (October 12, 2013, April 20, 2014 and May 3, 2014) took place during United States Food and Drug Administration compliance checks. The fourth compliance check was performed by the Western Bristol County and Foxborough Tobacco and Alcohol Prevention Collaborative on November 26, 2014. The Mansfield Board of Health finds your performance in this matter lacking the attention it deserves. The Board of Health expects that any future violations will be discussed with the corporate manager responsible for tobacco sales training, not the local management or supervisor. You are hereby notified that any sales to minors within two years from the date of this letter will result in both a suspension of your Permit for Sale of Tobacco and Nicotine as well as a monetary fine, the duration and amount will be determined by the Board of Health. If I can be of assistance, please do not hesitate to contact me. Yours trulyd Scott Leite, Health Agent CERTIFIED: 7003 1680 0006 9325 7128 C: James Brodeur, Store Manager Andrea Palmieri, Regional Supervisor TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 27, 2014 Mr. Jim Brodeur Mansfield -MA Xtra Mart 905 South Main Street Mansfield, MA 02048 Dear Mr. Brodeur, 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 establislunent 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`1' meeting. The meeting will be held at the To«m Hall, 6 Park Row in meeting room 2 A/B, second floor at 7:00 PM. Yoursaully, I! Scott Lerte, Health Agent Tobacco Retailer Warning Letters > Xtramart 12/19/13 Pagel of 3 Homelnspections, Compliance, Enforcement, and Criminal InvestigationsEnforcement ActionsWarning Letters n�ections, Compliance, Enforcement, and Criminal Investigations Xtramart 12/19/13 i Department of Health and Human Services WARNING LETTER December 19, 2013 0I_IIIIIIS9 Xtramart Attn: Site Manager 905 South Main Street 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: 13MA006149 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Xtramart 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 905 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 12:35 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 12:35 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/WarningLetters/Tob... 1 /24/2014 Tobacco Retailer Warning Letters > Xtramart 12/19/13 Page 1 of 3 ns, Compliance, Enforcement, and Criminal Investigations Xtramart 12/19/13 Department of Health and Human Services WARNING LETTER December 19, 2013 VIA UPS Xtramart Attn: Site Manager 905 South Main Street 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: 13MA006149 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Xtramart was observed to be in violation of federal tobacco laws and regulations. Failure to correct these violations may lead to federal enforcement actions, includim. 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 905 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 violation 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 12:35 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 12:35 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/EnforcementActions[WarningLetters/Tob... 1 /24/2014 Tobacco Retailer Warning Letters > Xtramart 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 13MA006149 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 Steven Singhaus at (301) 796-6829 or via email at Steven.Singhaus@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: 01/08/2014 Note: If you need help accessing Information in different file formats, see Instructions for Downloading Viewers and Players. 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