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HomeMy WebLinkAboutHEALTH 04022015Town of Mansfield Board of Health Minutes April 2, 2015 Present: Catherine Memory, Chairwoman; Michael McClean; Nancy Wall; Joseph DeGirolamo; Michael Healey; Scott Leite, Board of Health Agent. 1. Meeting opened at 7:02 pm 2. Approval of January 8, 2015 minutes Approval of a Disposal Works Installer's Permit A.T.W., Inc. Brunelle Contracting, LLC Joro Trust Approval of a Temporary Food Permit Relay for Life Team of Mansfield Relay for life of Mansfield — Market Day Approval of Food Establishment Permit Deco's Italian Cuisine Approval of Milk & Cream Permit Deco's Italian Cuisine Motion to approve Consent Agenda pending Inspection of Deco's Italian Cuisine. DeGirolamo /Healey 4 -0 -0 3. Correspondence: Nursing Reports: July, August, September, October, November, December 2014, January 2015. Cumberland Farms Policy: In response to a violation, Cumberland Farms, Inc., 30 Chauncy Street, has submitted a Policy and Procedure Plan to prevent future violations. Letter to GT Retail, Inc. dba Wines & More: Inspection done by Marilyn Edge, Director Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative, at this establishment found a self- service display of cigars on the counter and was advice to remove and place the display in back of the counter. Correspondence from Dr. Lester J. Hartman, Westwood - Mansfield Pediatric Associates, regarding Tobacco2l: Letter from Dr. Lester J. Hartman dated January 30, 2015, regarding Tobacco 21, to raise the age to legally purchase of tobacco products nicotine delivery systems to 21. A petition with 218 signatures supporting the endorsement of Tobacco2l was submitted. Dr. Hartman asked that the Board consider adopting the Tobacco 21 age purchase restriction. 4. Agent's Report: In February, Mr. Leite attended the Center for Domestic Preparedness training seminar for Environmental Health in Alabama. Drive -thru emergency dispensing site: Mr. Leite said the Coalition is exploring the use of Gillette Stadium in Foxboro as a regional emergency medication dispensing site. After talking with Neil Boldrighini, the Emergency Management Director, it was decided that Mansfield will use the School Complex on East Street as an emergency dispensing area. The annual New England Folk Festival (NEFFA) will be held April 24'h thru April 26'h. There will be 8 -9 vendors attending this year. Flu Clinics: The state will no longer supply flu vaccine to towns. To hold public flu clinics, towns will have to contract with local pharmacies, Rite Aid, CVS, etc.; the pharmacies will purchase all the needed supplies and the vaccine and handle all insurance billing. Mr. Leite said an employee clinic held last year with Rite -Aid went very well. He said the schools will still receive vaccine for anyone under the age of 19 and he will contact the school to see how they want to handle the dispensing of the vaccine. Mr. Leite noted an FDA tobacco compliance check was conducted at seven tobacco retailers on February 7, 2015, resulted in no sales of tobacco products to minors. Sharps Kiosks: Mr. Leite said grants of $1,800.00 to purchase and install sharps kiosks are available from the state. He said the kiosk will be located outside the fire station and there will be no cost to the town. Mr. McClean made the motion to submit the application for the Sharps Kiosk. Mr. DeGirolamo seconded the motion. Motion passed 5 -0 -0. 5. Old Business: Mansfield Tobacco Regulations: A draft of the Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Products was sent to Cheryl Sbarro, Staff Attorney for the Mass Association of Health Boards. The Board reviewed and commented on her responses. Because of the unique situation concerning The Xfinity Center and other similar establishments, the Board asked Ms. Sbarra, to clarify the wording in Article 4, Section 1. Permit for Location and Sale of Tobacco, F [Only owners of establishments with a permanent, non - mobile location in Mansfield are eligible to apply for a permit and sell tobacco and /or nicotine delivery products at the specified location in Mansfield.) Ms. Sbarro's comment: A permit shall only be issued to a business, having a Mansfield address, in a building, in which is conducted the principal use of the lot on which it is situated. In Article 5, Violations, Section 2, Inspections: (Refusal to cooperate with inspections pursuant to this regulation shall result in the immediate suspension of the Tobacco Product Sales Permit until an inspection is allowed), Ms. Sbarro commented you can't "immediately" suspend a permit; you could shut the business down if there was an emergency; but this would not be considered an emergency. You would most likely have to apply for an administrative search warrant in order to perform the inspection. The Board asked that Ms. Sbarro clarify this statement. 6. New Business Tobacco2l. Mr. McClean said in past discussions, the Board felt they were not provided with a convincing argument, evidence and data that changing the age to legally purchase tobacco products to 21would be a benefit. He referenced the change in the drinking age from 18 to 21 and how patterns of underage drinking have changed. He said the Institute of Medicine (IOM) report provides strong evidence that changing the legal age to purchase tobacco products to 21 would be affective and combined with the supporting petitions submitted he feels this is something the Board should consider for the protection of the health of Mansfield residents. He asked if a public hearing with an open comment period should be held. Mr. Leite said a public hearing would not be required, the Board would have to motion and vote to approve the change to the regulation. Ms. Memory agreed the current data should be reviewed. She noted she would be reluctant to make the change without further discussion and asked if a public hearing should be held. Mr. Leite said you can't ignore how this change would affect the retailers and suggested a period of adjustment of six months could be allowed before the change becomes law. Ms. Memory agreed the Board should know what the impact would be of this decision and have a date for the implementation of the law. Ms. Wall said there should be a hearing to allow for public discussion and comments Mr. McClean asked about the time needed and the cost involved to phase in the new law. He suggested the Board get more information from Marilyn Edge about other towns that have made the change. Because of the potential impact on retail establishments in Mansfield if the decision is made to increase the legal age to 21, Mr. Healey said he would like more information from surrounding towns; if the towns have or have not changed the age and if so, how the change has affected local businesses. He said we should continue the education, make it more expensive to smoke and pass state law that affects all towns equally. He is not in favor of creating new laws but enforcing the laws that are already there. Mr. Healey suggested additional compliance checks be done by the town along with the FDA and ME checks. , Mr. McClean said he does not feel raising the age would make compliance harder for a retail establishment and would not change what stores are supposed to do by law. He suggested contacting Ms. Sbarro to get her perspective on what the trends are at the state level and on the logistics of making the change. Request for a Variance from the Food Code for ACE Sushi @ Stop & Shop H7: ACE Sushi is requesting a variance for the exemption of acidified rice — sushi rice. Sushi rice is used at room temperature and is susceptible to Bacillus Cereus, a bacteria which produces a toxin. Mr. Leite explained that vinegar is introduced to the rice to change the pH so the bacteria will not grow. A Hazard Analysis and Critical Control Points Plan (HACCP) has been submitted. Mr. DeGirolamo made the motion to grant the Variance to ACE Sushi @ Stop & Shop N7. Ms. Wall seconded the motion. Motion passed 5 -0 -0. 7. Adjournment: Motion to adjourn at 8:30 pm (Healey /DeGirolamo) Passed. Next rneeting'will be June 4,12015. 41 d Michael McClean, Clerk Date All matters listed under consent Agenda are considered to be routine by the Board of Health and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.