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HomeMy WebLinkAbout4 South Main (Citgo) - 2013TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 27, 2014 Mrs. AnjanaPatel Four Corners Citgo 4 South Main Street Mansfield, MA 02048 Dear Mrs. Patel, I have received your request for a hearing regarding the suspension of your license for selling tobacco products from your representative Dinesh Patel. In meeting with your representative On January 27, 2014 at my office, he requested that the hearing be held on February 6, 2014, instead of February 3`d to allow for an extension of time. The notice of suspension and embargo will not go into effect until after the hearing on February 6, 2014 at 7:10 PM. The hearing will be held in meeting room 2 A1B, at the Town Hall, 6 Park Row. At the hearing the Board of Health may modify or sustain the notice. If I can be of assistance, please do not hesitate to contact me. 3COLL LC 1L�/ Caltf. _ Lllf On Janua 7, 2014 at Copy: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative I j ., Z") - t � � FV/ c Od t�, yy� TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 15, 2014 Mrs. Anjana Patel Four Corners Citgo 4 South Main Street Mansfield, MA 02048 Dear Mrs, Patel, On May 18, 2013, a compliance check of youth access to tobacco by purchase was performed by the Western Bristol County and Foxborough Tobacco and Alcohol Prevention Collaborative, further referred to as "the Collaborative", on behalf of the Town of Mansfield's Board of Health. The compliance check on that day, revealed that Four Corners Citgo, which is owned by you, was in violation of the Mansfield Board of Health Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Products Article 5: Sale of Tobacco and Nicotine Products, Section IA, by selling cigarettes to a 17 year -old buyer. In a letter dated May 23, 2013 from the Collaborative, you were notified of a hearing to be held on June 6, 2013 regarding this violation and possible suspension of your tobacco sales permit. You attended that hearing and admitted to making the sale. The Board of Health closed the hearing and made a motion regarding this matter during its meeting that evening. The Board of Health moved and voted that you receive an official warning letter and work with the Collaborative to develop within thirty (30) days a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. You were notified of this determination by the Board of Health through the Collaborative in a letter to you dated June 10, 2013. In a letter dated December 6, 2013, I reminded you of your responsibility in this matter and requested that you attend the January 8, 2013 meeting of the Board of Health to provide evidence of compliance. You did not attend the meeting but Mr. Dinesh Patel did attend the meeting as your representative. No evidence of compliance was provided. Patel January 15, 2014 Page 2 At the January 8°i meeting, the Board of Health voted to suspend the license for selling tobacco products for Four Corners Citgo, starting on Monday, January 27, 2014 at 9:00 AM for no less than three (3) days and the suspension will continue until the board receives Mrs. Patel's written action plan on the policies and procedures that his business will enact to prevent the sale of tobacco products to minors, as described in the minutes of June 6, 2013 and noted in the letter dated December 6, 2013. During the suspension, all tobacco products shall be embargoed. At 11:00 AM on January 27, 2014 all tobacco and nicotine products shall be inventoried, packaged and sealed in the presence of a Board of Health representative. You will need to provide sufficient cartons and sealing tape for packaging. The embargoed product shall be removed from the premises. When the suspension is lifted, the embargoed product shall be opened and inventoried in the presence of a Board of Health representative before re -stocking the product. You are entitled to a hearing regarding the suspension of your permit. A request for a hearing shall be made in writing and filed in the office of the Board of Health within five (5) days of the receipt of this notice. A requested hearing before the Board of Health shall be held no later than fourteen (14) days after the request is received. Upon receipt of the request, you will be notified in writing of the time and place of the hearing. If I can be of assistance, please do not hesitate to contact me. Youp'tru71y, Scot ite, Health Agent Served by hand at Four Q'orners Citgo, 4 South Main Street, By Scott Leite, Health e On January 15, 2014 at '�? :10M. Cory: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 December 6, 2013 Mrs. Anjana Patel, President Four Corners Citgo 4 South Main Street Mansfield, MA 02048 Dear Mrs. Patel, On June 6, 2013 the Board of Health made the following motion regarding the sale of tobacco to a minor at this location: "Mr. Healey made a motion that Ms. Edge send an official warning letter to the owner of Four Corners Citgo and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4-0-0." Please attend the Board of Health meeting on January 8, 2014 at 7:00 PM to provide evidence of compliance. The meeting will be held on the first floor meeting room, opposite the Health Department Office, at 6 Park Row. Health Agent CERTIFIED MAIL: 7003 1680 0006 9325 6190 C: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative Scott Leite From: Marilyn Edge <wbristoltobaccoalcohol@gmail.com> Sent: Thursday, December 05, 2013 8:19 AM To: Scott Leite Subject: no word as of 8:15 a.m. today from Four Corners Citgo. On 10/9/13 Mr. Patel called me to ask that I fax him a blank Employee Agreement so that he could copy it and have all of his employees sign one. I did that. I have not heard back from him. from Mansfield Gas. I sent him a duplicate training packet, certified mail, on October 10, 2013. That certified mail was accepted on October 12, 2013. I have not heard back. I will be at the meeting with the Commissioner this a.m. If you need me please leave a message on my cell phone. Marilyn Edge Western Bristol County & Foxborough Tobacco & Alcohol Prevention One Government Center, 4th fl Fall River, MA 02722 Office: 508-324-2423 Cell: 774-488-9341 Fax: 508-324-2429 Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th A Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com May 23, 2013 Four Corners Citgo Attn: Mr. Anjana Patel, President 4 South Main St. Mansfield, MA 02048 Re: Meeting of the Board of Health Dear Mr. Patel: On May 18, 2013 Four Comers Citgo at 4 South Main St., Mansfield, MA was found in violation of Town of Mansfield Board of Health Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Products, Article 5, Section IA when a sale of Marlboro cigarettes was made to a 17-year old student. The May 18, 2013 sale is the first offense violation for this location and requires a written warning and an appearance- efore the Mansfield Board of Health. Please consider this letter your only written warning. You are required to appear for a Hearing before the Mansfield Board of Health on Thursday, June 6, 2013 at 7:45 p.m. This Hearing will be held in Meeting Room 2A-B on the second floor of the Town Hall. At this meeting the Board of Health will discuss this violation and how it will affect your tobacco sales permit. If you have any questions please do not hesitate to contact me or Mansfield Health Agent, Scott Leite, at 508-261-7366. Yours in Health, Marilyn Edge Mail: Certified Mail — Return Receipt CC: Regular Mail /CC: Mansfield Health Dept. Western 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 June 10, 2013 Serving Boards of Health in Four Corners Citgo 0 Attleboro Attn: Mr. Anjana Patel, President 4 South Main St. N. Attleboro Mansfield, MA 02048 Berkley Re: Board of Health Hearing on June 6, 2013 Dighton Dear Mr. Patel: Fall River After the Hearing on June 6, 2013, the Mansfield Board of Health Foxborough Ordered that you have 30 days, from receipt of this letter, to put in • writing a policy for training your employees to comply with the Board of Mansfield Health Regulations on Sales of Tobacco Products. You will need to submit that policy to the Board of Health for approval. I advised them Norton that I was available to help you with that policy. Seelconk Enclosed please find two flyers for 90-minute Retailer Tobacco Trainings Somerset that are being held in Fall River on Monday, June 17, 2013 and in North • Attleboro on Monday, June 24, 2013. There are multiple trainings being Swansea held on each day. Please be advised that these trainings are for store ' owners and managers, NOT sales clerks. This training will help you Taunton create a policy for your establishment that will help you comply with Westport local, state and FDA regulations. Please contact me at the telephone or email listed on the flyer and let me know which session you will be able to attend. After the trainings we can meet and outline a policy to be presented to the Board of Health for approval. Yours in Health, /,// Marilyn Edge Enclosures Mail: Certified — Return Receipt' CC: Regular Mail CC: Mansfield Health Dept. Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 41h fl. Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gm ail. coni September 18, 2013 Four Corners Citgo (( Attn: Mr. Anjana Patel { { �' 4 South Main St. LLL ���JJJ Mansfield, MA 02048 Re: Continued Hearing Scheduled Dear Mr. Patel: I have been advised by Scott Leite that the continued Hearing has been scheduled for Thursday, October 3, 2013 at 7:00 p.m. Your presence is required at that time. Upon receipt of this letter please forward a copy of the employment policy you created after the Retailer Training Program on June 24, 2013. As I am sure you recall, the Mansfield Board of Health suggested that you create such a policy at the original Hearing on June 6, 2013. If you have created that policy I will need to review it prior to the October 3, 2013 Hearing. As we discussed on the telephone, you may fax it to me at 508-324-2429. If you have any questions please contact me. Yours in Health, Marilyn Edi Mail: Certified — Return Receipt CC: Regular Mail CC: Mansfield Health Dept. It is illegal' to sell tobacco products to anyone under the age of IS CAS11 MR;IS'fEIZ 1D QUICK IZEFFIO NCE GUIDE FAMILY FOOD MART MANSFIELD MA 02048 Every employee at this store has the legal and moral responsibility to control the sale and distribution of age restricted items to ensure these items do not get to minors! LEGAL RESPONSIBILITY IS ALWAYS THE STORE PERSONNELS ! ! age restricted Products : PRODUCT LEGAL AGE TO PURCHESE VALID 1'olmoco is 30 or le;,s l.otfoy Iti 30of less ID CHECK BUT FIRM NO DEBATES - "IT'S THE LAW!" Match the ID photo to the person's face .is the person on the ID the person presenting to you ? 2 . Date of birth . Is the person of legal age to make the item purchase? One you're presented with an acceptable ID the ACTUAL DOB must be enterd into the register for all tobacco & alcohol item 3 . Expiration date . An Expiration ID is no longer a VALID ID We only accept Valid ID 4 . Feel the ID for evidence of tampering All ID's must be handled by the employee ask customer to remove ID FROM WALLET ETC. AT all times. Anything less is unacceptable. 5 . Out of state ID's require a 2"' form of identification e.g. credit card 6 . If still unsure if the ID is valid, ask the customer to verify some ID information his/her date of birth spelling of the last name ,city/town are good examples. 7 . THIRD PARTY SALES: When 2 or more people are part of the purchase of an age- resricted products all must pass age verification with valid id's If not' NO SALE!! RESPOiNSIBLE St<,l,I,l1' C EVEIZs!OM,� JOB ITS JNIENER OIa'I'ktlNAL It is illegal to sell tobacco products to anyone under the age of 18 1 FOUR ('(WNHCI'I'(iO `�OUI I l YinlVi �;.I. MAIM;l WH) Yin-020dS Employee Tobacco Training Program 1),Include Tobacco Product sales Policy in a comprehensive Policy & Procedures Manual for all Age -Restricted Product Sales. This manual will be presented by management to all new & existing employees for their review and signature. 2). Generating an " ID Quick Reference Guide" to be posted at each register to assist employees in adhering to ID Policy & Procedures 3). Continuous Reinforcement of the Importance of Responsible Selling Of Age -Restricted Products Offered at the Store. Tobacco and Lottery sales account for 81 Out Of Every 90 Dollar Handled By Four Conner Citgo 's Employees. Emphasis On the Importance of Community Responsibility,in Addition to Legal Responsibility , For This Store To Control the Sale and Distribution of Age -restricted Items To Ensure These Items Do Not Get Sold To Minors. Continuous Reinforcement Will Include Individual Counseling Sessions With All Employees Throughout the Calendar Years, Posting of Signs Stating the Store Responsibility For Both Employees and Customers, Refreshing All Signs Twice a Year. Four Corner Citgo Will Do This Training Every 3 Months. If Any Employees or Relative Sell Cigarette To Minors They Will Not Get Paid For 2 Weeks And If Employees Still Sell Tobacco Product To Minors Employee Will Receive Suspension Letter. Explore conducting Own Compliance Checks at Store Level ''Hill,.`; Every employee at this store has the legal and moral responsibility to control the sale and distribution of age -restricted items to ensure these items do not get sold to minors ! LEGAL RESPONSIBILTY IS ALWAYS THE STORE PERSONNELS ! ! AGE-RESRICTED PRODUCTS POLICY Objective: To be in compliance with all federal and state laws concering the purchase of age -restricted products. PROCEDURES: a) State Law specifically restricts the sale of certain products that this store to customers that are not of legal age including any Employees of this store. b) Penalties for violation these statutes range fro monetary fines for both the store and the individual to revocation of the license on a temporary or permanent basis. c) This store and its Employees must use their utmost diligence and follow set rules & procedures governing the sale of these items. When in doubt someone's age, always ask for a valid I.D d) The following items are age -restricted • All Tobacco Products / Rolling Papers • All Lottery Products PRODUCTS LEGAL AGE TO PURCHASE I.D.AGE i1C�"f) li OBJECTIVE: That all store Employees follow all laws and the procedures of this policy related to the sale of tobacco products including :cigarettes , smokeless tobacco,loose tobacco,pip tobacco,rolling papers and cigar . The minimum age to purchase tobacco products is eighteen(I8) years. It is our responsibility as retailars and neighbors of the community to prevent the sale of tobacco to any minors including any Employees. who works in the store. To avoid violation regarding the sale of tobacco products, all Employee must read ,review ,and understand this policy. Please note that matches and lighters are to be treated as tobacco products. PROCEDURES: I All store Employees and management personnel must ID all customers who to purchese tobacco products when they appear to be under the age to be under the age of 30, unless it is a regular customer (at least once per week) who has provided proof of legal age to each employee. 2 This policy will be reviewed with all new Employee before they can operate the register and sell tobacco products . LOTTERY TICKET SALES POLICY OBJECIVE : To follow all laws and procedures related to the sale of instant or on-line tickets as outlined below. PROCEDURES: I . The minimum age to purchase Lottery tickets is eighteen (18)years of age 2 . All Employees must ask to see proof of age of all customers who ask to purchase Lottery tickets when they appear to be younger then thirty years age 3 . No Employee may sell Lottery tickets to any customer below the minimum age . 4 . No Employee may sell Lottery rickets to any customer who fails to produce a valid indentification when asked. 5 . Acceptable forms of identification for purchasing Lottery are • valid Massachusetts State driver's License • valid Massachusetts Registry of Motor Vehicles State Identification • Valid Passport • Valid Out of State License note : customers using an out of sate license must show a 2" d form of id id such as a credit card social security card, or birth certificate 3 If a customer is asked to produce proof of age ,the date of birth on the customer's identification must be entered using the age check key on the register. 4 If no proof of age is required , an assigned date must be entered using the age check key. 5 No Employee may sell any tobacco to any person including any Employee of the company who fails to produce proof of age when asked. 6 Acceptable forms of identification for purchasing tobacco are: a . Valid Massachusetts State Driver's License b Valid Massachusetts Registry of Motor Vehicles State Identification c Valid passport d Military ID (Active Service Only) e Valid Out Of State License note : customers using an out of state license must show a 2"d form of id such as a credit card, social security card ,or birth certificate 7 All Employees will take the Age Restricted Computer Based Training and pass the test with a score of 100% before the operate the POS system to make a sale. I UNDERSTAND that Massachusetts law prohibits the sale of age restricted products to anyone under the minimum age set by the commonwealth for these products ( Tobacco : 18 years , Lottery 18years ) I also understand that if I fail to follow store policy and state law about the sale of age restricted products to minor I could face disciplinary action up to and including termination. In turn the management of agrees to support my judgement when not making the sae of age restricted products by following store policy and procedures . EMPLOYEE SIGNATURE DATE OWNER SIGNATURE DATE ( This form will be maintained in your personnel files as part of your permanent employee record) . It is ill4egal tai s4all• . • prcoducts tco anycona und4er thie •, - • a C'/A rl I IZI ( 'I 1l 1v' 10 0M I< It is illegal to sell tobacco products to anyone under the age of 1S i��r1 n; i_talzi�l.r< tFrc;r> Every employee at this store has the legal and moral responsibility to control the sale and distribution of age restricted items to ensure these items do not get to minors! LEGAL RESPONSIBILITY IS ALWAYS THE STORE PERSONNELS!! age restricted Products : PRODUCT LEGAL AGE TO PURCHESE VALID €,oltcry I ft Sf} or is=: ID CHECK BUT FIRM NO DEBATES - "IT'S THE LAW!" Match the ID photo to the person's face .is the person on the ID the person presenting to you ? 2 . Date of birth. Is the person of legal age to make the item purchase? One you're presented with an acceptable ID the ACTUAL DOB must be enterd into the register for all tobacco & alcohol item 3 . Expiration date . An Expiration ID is no longer a VALID ID We only accept Valid ID 4 . Feel the ID for evidence of tampering All ID's must be handled by the employee ask customer to remove ID FROM WALLET ETC. AT all times. Anything less is unacceptable . Out of state ID's require a 2"d form of identification e.g. credit card 6 . If still unsure if the ID is valid, ask the customer to verify some ID information his/her date of birth spelling of the last name ,city/town are good examples. 7 . THIRD PARTY SALES: When 2 or more people are part of the purchase of an age- resricted products all must pass age verification with valid ids If not' NO SALE!! It is illegal to sell tobacco products to anyone under the age of 18 FAMILY FOOD MART 4 1sAST ST MANSFIELD MA-02048 Employee Tobacco Training Program 1),Include Tobacco Product sales Policy in a comprehensive Policy & Procedures Manual for all Age -Restricted Product Sales. This manual will be presented by management to all new & existing employees for their review and signature. 2). Generating an " ID Quick Reference Guide" to be posted at each register to assist employees in adhering to ID Policy & Procedures 3). Continuous Reinforcement of the Importance of Responsible Selling Of Age -Restricted Products Offered at the Store. Tobacco and Lottery sales account for 51 Out Of Every 60 Dollar Handled By Family Food Mart's Employees. Emphasis On the Importance of Community Responsibility,in Addition to Legal Responsibility , For This Store To Control the Sale and Distribution of Age -restricted Items To Ensure These Items Do Not Get Sold To Minors. Continuous Reinforcement Will Include Individual Counseling Sessions With All Employees Throughout the Calendar Years, Posting of Signs Stating the Store Responsibility For Both Employees and Customers, Refreshing All Signs 'Twice a Year. Family Food Mart Will Do This Training Every 3 Months . If Any Employees or Relative Sell Cigarette To Minors They Will Not Get Paid For 2 Weeks And If Employees Still Sell Tobacco Product To Minors Employee Will Receive Suspension Letter. Explore conducting Own Compliance Checks at Store Level ACiI? tzi? s'I'IZ1C;'1'1,I) I'IZODUC" S N)LIC Y AND PROC EDIT P"S' FOR FAMILY FOOD MART MANS1 IF1,I) Every employee at this store has the legal and moral responsibility to control the sale and distribution of age -restricted items to ensure these items do not get sold to minors ! LEGAL RESPONSIBILTY IS ALWAYS THE STORE PERSONNELS 11 AGE-RESRICTED PRODUCTS POLICY Objective: To be in compliance with all federal and state laws concering the purchase of age -restricted products. PROCEDURES: a) State Law specifically restricts the sale of certain products that this store to customers that are not of legal age including any Employees of this store. b) Penalties for violation these statutes range fro monetary fines for both the store and the individual to revocation of the license on a temporary or permanent basis. c) This store and its Employees must use their utmost diligence and follow set rules & procedures governing the sale of these items. When in doubt someone's age, always ask for a valid LD d) The following items are age -restricted • All Tobacco Products / Rolling Papers • All Lottery Products PRODUCTS LEGAL AGE TO PURCHASE I.D.AGE Tob"Icco t 8 30 or Less LoUery 19 30 or less B'O11/' C'M i'1M1)t)CT SA1,1?S 1'OLIC:Y OBJECTIVE: That all store Employees follow all laws and the procedures of this policy related to the sale of tobacco products including :cigarettes , smokeless tobacco,loose tobacco,pip tobacco,rolling papers and cigar. The minimum age to purchase tobacco products is eighteen(18) years. It is our responsibility as retailars and neighbors of the community to prevent the sale of tobacco to any minors including any Employees who works in the store. To avoid violation regarding the sale of tobacco products, all Employee must read ,review ,and understand this policy. Please note that matches and lighters are to be treated as tobacco products. PROCEDURES: 1 All store Employees and management personnel must ID all customers who to purchese tobacco products when they appear to be under the age to be under the age of 30, unless it is a regular customer (at least once per week) who has provided proof of legal age to each employee. 2 This policy will be reviewed with all new Employee before they can operate the register and sell tobacco products . 3 If a customer is asked to produce proof of age ,the date of birth on the customer's identification must be entered using the age check key on the register . 4 If no proof of age is required, an assigned date must be entered using the age check key. i No Employee may sell any tobacco to any person including any Employee of the company who fails to produce proof of age when asked . 6 Acceptable forms of identification for purchasing tobacco are: a . Valid Massachusetts State Driver's License b Valid Massachusetts Registry of Motor Vehicles State Identification c Valid passport d Military ID (Active Service Only) e Valid Out Of State License note : customers using an out of state license must show a 2" " form of id such as a credit card, social security card, or birth certificate 7 All Employees will take the Age Restricted Computer Based Training and pass the test with a score of 100% before the operate the POS system to make a sale. LOTTERY TICKET SALES POLICY OBJECIVE : To follow all laws and procedures related to the sale of instant or on-line tickets as outlined below. PROCEDURES: 1 . The minimum age to purchase Lottery tickets is eighteen (I8)years of age 2 . All Employees must ask to see proof of age of all customers who ask to purchase Lottery tickets when they appear to be younger then thirty years age 3 . No Employee may sell Lottery tickets to any customer below the minimum age . 4 . No Employee may sell Lottery rickets to any customer who fails to produce a valid indentification when asked. 5 . Acceptable forms of identification for purchasing Lottery are • valid Massachusetts State driver's License • valid Massachusetts Registry of Motor Vehicles State Identification • Valid Passport • Valid Out of State License note : customers using an out of sate license must show a 2"form of id id such as a credit card social security card, or birth certificate I UNDERSTAND that Massachusetts law prohibits the sale of age restricted products to anyone under the minimum age set by the commonwealth for these products ( Tobacco : 18 years , Lottery 18years ) I also understand that if I fail to follow store policy and state law about the sale of age restricted products to minor I could face disciplinary action up to and including termination. In turn the management of agrees to support my judgement when not making the sae of age restricted products by following store policy and procedures. EMPLOYEE SIGNATURE DATE OWNER SIGNAATURE ATE ( This form will be maintained in your personnel files as part of your permanent employee record) Tobacco Retailer Warning Letters > Citgo 11/7/13 Page 1 of 3 Compliance, Enforcement, and Criminal Investigations Citgo 11/7113 ,art°-t 14 Department of Health and Human Services 1TP/17"FGrel"W40 VIA UPS Citgo Attn: Site Manager 4 South Main Street Mansfield, MA 02048 Public Health Service Food and Drug Administration Center for Tobacco Products 9200 Corporate Boulevard Rockville, MD 20850-3229 November 7 201 Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violations Reference Number: 13MA006160 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Citgo was observed to be in violation of federal tobacco laws and regulations. Failure to correct these violations may lead to federal enforcement actions, inciudinc monetary penalties. Your response is requested in 15 working days. On September 14, 2013, an Inspector representing the FDA completed an Inspection of the establishment, located at 4 South Main 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.September 14, 2013, Inspection include the following: 1. A minor was able to buy Marlboro cigarettes on September 14, 2013, at approximately 11:20 AM in the establishment. A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco to 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 September 14, 2013, at approximately 11:20 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/ICECl/EnforcementActions/WarningLetters/toba... 1 /29/2014 Tobacco Retailer Warning Letters > Citgo 11/7/13 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 13MA006160 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 Pagel Page Last Updated: 11/20/2013 Note: If you need help accessing information in different file formats, see Instructions for Downloading Viewers and Players. Access! bi I ityConta ct 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 CommitteesSclence & Research Regulatory Inform ationSafetyEmergency Prepared nessInternational ProgramsNews & EventsTraining and Continuing EducatlonInspections/ComplianceState & Local Off icialsConsumersIndustryHealth Profession alsFDA Archive i U.S. Department of Health & Human Sprvices http://www. fda.gov/ICECl/EnforeementActionsiW ainingLetters/toba... 1 /29/2014 Tobacco Retailer Warning Letters > Dubs's Discount Liquors 11/7/13 Page 1 of 3 Homelnspections, Compliance, Enforcement, and Criminal InvestigationsEnforcement ActionsWarnine Letters nspections, Compliance, Enforcement, and Criminal Investigations Dubs's Discount Liquors 11/7/13 Department of Health and Human Services WARNING LETTER November 7, 2013 VIA UPS Dubs's Discount Liquors Attn: Site Manager 30 Chauncy 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: 13MA006154 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Dubs's Discount Liquors was observed to be in violation of federal tobacco law: 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 September 14, 2013, an Inspector representing the FDA completed an inspection of the establishment, located at 30 Chauncy 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 vlolatlons observed during the September 14, 2013,inspection include the following: 1. A minor was able to buy Marlboro cigarettes on September 14, 2013, at approximately 12:05 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 September 14, 2013, at approximately 12:05 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/WamingLetters/toba... 1 /29/2014 Tobacco Retailer Warning Letters > Dubs's Discount Liquors 11/7/13 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 13MA006154 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.Welsbuch@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 Pagel Page Last Updated: 11/21/2013 Note: If you need help accessing Information in different file formats, see Instructions for Downloading Viewers and Players. Access! biIItyContact 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 http://www. fda. gov/ICECl/EnforcementActions/WamingLetters/toba... 1 /29/2014