MEETING PACKET JUNE 2012 CITY OF SALEM, MASSACHUSETTS
• BOARD OF HEALTH
120 WASHINGTON STREET 4t''FLOOR PablicHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL liamdin(Da salem.com
LAIZRY lU1MDl.N,RS/It'FiJ IS,CI30,CT-VS
MAYOR H1?Af.;H i AGl?NT
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
Tuesday, June 12, 2012 at 7:00 PM
City Hall Annex, 120 Washington St. Room 311
MEETING AGENDA
1. Call to order
2. Approval of Minutes from May 8, 2012
3. Chairperson Announcements
4. Public Health Announcements/Reports/Updates
• a. Health Agent
b. Public Health Nurse Report
c. Administrative
d. Council Liaison
5. Draft of Tobacco Regulations—Joyce Redford
6. Summer meetings
7. Miscellaneous
8. Adjournment
La y Ramdin
Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Next regularly scheduled meeting is Ju1y10, 2012 at 7pm at City Hall Annex, 120
Washington Street Room 311
• Know your rights under the open meeting law MGL Chapter 39 Section 23B and City
Ordinance section 2-2028 through 2-2033
•
Health Agent Report May 2012
Announcements
• We have registered the Food inspection program to participate
in the FDA Voluntary Standards Program
• The Mayor's Budget has been released and the request for an
additional Clerk has been included. Larry Ramdin attended a
hearing of the City Council Administration and Finance
Committee on June 11
• The Mayor, has decided that the MassinMotion Grant will be
administered out of the Mayor's office. The Board of Health
will support the efforts to get Salem Moving. The Program
grant funds are provided by Partners Healthcare and there is
no definitive assignment to the Board of Health as well as the
Mayor's Office was initially contacted by the funders to
announce the grant.
Meetings and Trainings
• Larry Ramdin attended FDA Voluntary Program Standards
workshop in Sturbridge MA
• Justina Polvere attended ICS 300 training in Boston
• Delilah Castro attended Housing inspector Certification
training
Healthy Salem and Grant Updates
We will be applying for a grant from the FDA to assist with meeting the
voluntary program Standards goals
• A logo, brand and by-line was selected for the project, the name will be
Active Salem
Significant Communication or Complaints from Residents
• The Pyburn Avenue area has complained about rats in the
neighborhood, the storm drains in the neighborhood were baited; the
environmental health section is investigating.
• Compliments were received from a resident on baker Street about the
response of David Greenbaum to a complaint about an abandoned
house
•
Inquiries or Reports from the Media
• Byron Barnett from Channel 7 news contacted us on an assault that
involved a person with scabies, he was called away on another matter
Other Public Health Information
Other Activities
Inspections
Certificate of Fitness Inspections — 62
Certificate of Fitness Re-inspections — 6
Court Hearings — 0
Food Service Inspections — 30
Food Service Re-inspections — 14
Housing Inspections — 39
Housing Re-inspections — 9
• Swimming Pool Inspections- 20
Tanning Inspection- 1
Meetings — 2
Rodent Inspections — 2
Nuisance Complaints- 2
Seminars — 3
Trash Inspections- 12
Phone calla- 586
• 1USTINA POLVERE RN BSN
PUBLIC HEALTH NURSE
SALEM BOARD OF HEALTH
PUBLIC HEALTH NURSE REPORT
r"`tiYi 9f i it *4r' i i i fArli YY ift"t Cik
MAY/JUKE 2012 ACTIVITIES
Disease Prevention
• Investigated 4 reportable diseases and reported case information to
MDPH.
Investigated 32 contacts of disease cases, offered health information,
and gathered documentation of their health status.
- In contact with North Shore Pulmonary Clinic on current active cases,
and case contacts.
Administered PPD skin testing to 2 contacts, read results, and gave
referrals as needed. - Gave support to families unsure/unwilling to
bring children to TB clinic, with positive outcomes.
• DOT for 2 active TB cases
• Mumps case — conducted investigation coordinating with DPH.
-Case recovered from sickness, but does not know how he
became infected. He is a food service worker, No one around him
was/or is sick, he did not travel out-of-state or out-of-country during
infectious/incubation period, nor did he have any out-of-state or out-
of-country visitors during these times.
• -Contacted family members: 2 children in Salem Public School
system (Immunized), mother of children got vaccinated and is not ill
-Contacted roommate: got vaccinated and is not ill
Pertussis Case: School-aged case; verified diagnosis with DPH, and
symptoms with PCP. Followed up with school nurse who stated child
was up to date with vaccinations; DPH recommended no further action
for BOH concerning informing parents at the school. DPH sent a
template letter for school nurse to send out to parents at her
discretion. School nurse is actively doing disease surveillance. Followed
up with family (lives with 2 parents only), both parents took
appropriate antibiotic for prophylaxis.
Meetings/Clinics
-Home visits- 2 Residents given PPD testing and results; results given to
NSPC
- Met with North Shore Pulmonary Clinic Team at NSPC to discuss
active TB cases and preventative measures for case contacts.
Met with Jo-ann Keegan, TB Public Health Nursing Advisor on active
cases and contacts.
-Attended Massachusetts Community Health Network Area (CHNA)
meeting.
- Met many people and networked with other PHN's in the
Northeast Region of Massachusetts.
• -Discussed health priorities, learned about current morbidity and
mortality rates, discussed different health projects, advocated for
health related issues
Attended "Together in Action-Immunization for Adults," at the DCU
center in Worcester.
-Discussed the vaccination status of Massachusetts residents, and
the morbidity and mortality from vaccine preventable diseases
-Attended two breakout workshops on Hepatitis A/B and the
Epidemiology of Vaccine-Preventable diseases.
PPD Skin Testing Clinic at Salem City Hall Conference Room on
Monday June 11th 2012 for active TB case contacts.
• -Sent information to 14 Individuals through mail, made a follow
up phone call, and offered a clinic date as well as opportunity to meet
with me privately.
-Attended a three day ICS 300 training and received certificate for the
course.
-Attended MAPHN meeting at Tewksbury Hospital
-Attended Fit Testing Machine Training for Northeast Homeland
Security Regional Advisory Council (NERAC)
• Monthly Report of Communicable Disease
May 2012
Disease # Of Cases New Carry Over Discharged
Reported
Mumps 1 1 0 1
Salmonella 1 0 1 1
Pertussis 1 1 0 1
Tuberculosis 3 0 3 1
Administration Monthly Report
May-12
Burial Permits @ $25.00 $675.00
Permits $1,335.00
Certificate of Fitness@$50.00 $2,900.00
Fines
Total Monies Collected = $4,910.00
Annual Budget Expended
Available Balance
Total Salary/Longevity $344,000.00 $283,409.75 $60,591.25
Annual Budget Expended Available Balance
Non-Personnel $19,600.00 $19,310.00 $290.00
$200 Beach testing
$90 Contracted services
• Regulation of the City of Salem Board of Health
Restricting the Sale of Tobacco Products & Nicotine Delivery Products
DRAFT
A. Statement of Purpose:
Whereas there exists conclusive evidence that tobacco smoke causes cancer, respiratory
and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat
(Centers for Disease Control and Prevention(hereinafter "CDC'), Health Effects of Cigarette Smoking
Fact Sheet, (January 2012)); whereas among the 15.7%of students nationwide who currently
smoked cigarettes and were aged less than eighteen(18) years, 14. %o usually obtained
their own cigarettes by buying them in a store(i.e., convenience store, supermarket, or
discount store)or gas station during the thirty(30) days before,the survey(CDC, Youth Risk
R.
Behavior, Surveillance Summaries. 2009,MMWR 2010:59(No. SS=55)at H);,whereas nationally in
2000, sixty-nine(69%) percent of middle school age,children who smoke at least once a
month were not asked to show proof of age when,purchasing cigarettes,(CDC, Youth
Tobacco, Surveillance Summaries. 2000,MMWR 2001 50(No. SS-04)); whereas the U.S. r.a
Department of Health and Human Services has concluded that nicotine is as,,addictive as
cocaine or heroin(U.S. Department of Health and Human Services?Ho%v Tobacco Smoke Causes
Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease:A Report of the Surgeon
General,Atlanta, GA: U.S. Department of Health and Human ServicesCenters for Disease Control and
4, .
Prevention,National Center for Chronic Disease Prevention and Health'Promotion, Office on Smoking
and Health, 2010.); whereas despite state laws,prohibiting the sale of tobacco products to
• minors, access by minors to tobacco products is a major�problem; whereas according to
the CDC cigarette price increases reduce the demand for'cigarettes and thereby reduce
smoking prevalence, cigarette consumption;,; rtd youth initiation of smoking (U.S.
Department of Health and Human Services.Reducing'Tobacco Use:A Report of the Surgeon General.
Atlanta, GA. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention,
National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,
r t+trrZ r° 'w J,
2000 at 358)' �
WI _.
h.
Whereas^the 2012 U S. Surgeoi'' 6neral's Report on Preventing Tobacco Use Among
Youth and,Young Adults, reports thatdn 2005 Ringel, Wasserman, &Andreyeva(U.S.
Department pf,Health and Hunian Service's,'Nicotine Addiction,Atlanta, GA: U.S. Department of Health
and Human Services, CDC,National Center for Chronic Disease Prevention and Health Promotion, Office
on Smoking and{Health, 1988) conducted logistic regression analyses to examine whether
increased cigar prices,andstate tobacco control policies affected the rate of cigar use.
(U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young
Adults,Atlanta, GA: U.S.'Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking
and Health, 2012 at 706). Using the 1999 and 2000 iterations of the National Youth Tobacco
Survey, Ringel and colleagues analyzed data from 33,632 adolescent participants aged
nine to seventeen. They found that increased cigar prices significantly decreased the
probability of male adolescent cigar use and found that a 10% increase in cigar prices
would reduce the sample's cigar use by 3.4% (Ringel JS, Wasserman J,Andreyeva T, Effects of
Public Policy on Adolescents'Cigar Use:Evidence From the National Youth Tobacco Survey, 95 Am.J
Pub. Health 995-8(June 1, 2005); whereas according to the CDC's youth risk behavior
• surveillance system, the percentage of high school students in Massachusetts who
reported the use of cigars within the past 30 days went from 11.8% in 2003 to 14.9% in
2009 (CDC, Youth Risk Behavior. Surveillance Summaries, 2009.MMWR 2010;59(No. SS-55)at 72;
CDC, Youth Risk Behavior. Surveillance Summaries, 2003.MMWR 2004;53(No. SS-02)at 54); whereas
• nicotine levels in cigars are generally much higher than nicotine levels in cigarettes. (Nat'l
Cancer Institute at the Nat'l Inst. of Health, Questions and Answers About Cigar Smoking and Cancer
(Oct. 27, 2010));
Whereas commercial Roll Your Own(RYO) machines enable loose, unpackaged tobacco
to be poured into a machine and placed into empty, unpackaged cigarette tubes to be
inhaled by individuals who smoke them. This procedure provides risk of contamination
of the tobacco and unsanitary conditions in the machine and is injurious to public health;
whereas commercial Roll Your Own (RYO) machines located in retail stores enable
retailers to sell cigarettes without paying the federal and state excise taxes that are
imposed on conventionally manufactured cigarettes (RYO FILLING STATION,
www.ryofillinastation.com (Feb. 27, 2012). High excise taxes encourage adult smokers to quit
and deter youth from starting (Kenneth E. Warner, Smoking and Health,lmplications of a Change in
the Federal Cigarettte Excise Tax, 255 J.AM.MED.Ass 1028(1986)'Frank J Chaloupka&Rosalie
r�.
Liccardo Pacula, The Impact of Price on Youth Tobacco Use, in 14`SMOKINGAND TOBACCO
CONTROL MO.?VOGRAPHS: CHANGING ADOLESCENT SMOKING PREVALENCE 193(U.S. Dep't
Health and Human Services et al. eds., 2001)). Therefore;inexpensive cigarettes,like those
produced from RYO machines promote the use oaf tobacco resulting m a ne ative impact
p � p g g p
on public health and increased health care costs,I arid,sever ely undercut the evidence-
based public health benefit of imposing high excise taxes'on tobacco;
Whereas the sale of tobacco products",arid.nicotine delivery4products are incompatible
with the mission of health care institutions because they ar`0.detirimental to the public
health and undermine efforts to educate patients 6hAhe safe arid,"6ffective use of
medication; �.
Whereas educational institutions,°sell tobacco products to a younger population, which is
particularly at risk for.becoming smokers and such.sale of tobacco products and nicotine
.•.
inc delivery products are ompatible with the mission of educational institutions that
educate a younger population°about social, environmental and health risks and harms;
Now,therefore it is the intention of the City of Salem Board of Health to regulate the
access of tobacco products and nicotine delivery products.
B. Authority: -45
This regulation is promulgated pursuant to the authority granted to the City of Salem
Board of Health by Massachusetts General Laws Chapter 111, Section 31 that 'Boards of
Health may make reasonable health regulations".
C. Definitions:
For the purpose of this regulation, the following words shall have the following
meanings:
• Blunt Wrap: Any tobacco product manufactured or packaged as a wrap or as a hollow
tube made wholly or in part from tobacco that is designed or intended to be filled by the
consumer with loose tobacco or other fillers.
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• Business Agent: An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise in charge of said establishment.
Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing
tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under
Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1.
Commercial Roll-Your-Own(RYO) machine: A mechanical device, by whatever
manufacturer made and by whatever name known, that is designed to roll and wrap
tobacco into products. Home-use RYO machines are not Commercial Roll-Your-Own
machines.
E-Cigarette: Any electronic Nicotine Delivery Product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine
to the user, or relies on vaporization of solid nicotine or any liquid. This term shall
include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
Educational Institution: Any public or private college, school, professional school,
scientific or technical institution, university or other institution furnishing a program of
higher education.
Employee: Any individual who performs services for an employer.
• Employer: Any individual, partnership, association,corporation, trust or other organized
group of individuals that uses the services of one (1) or more employees.
Health Care Institution: An individual, partnership, association, corporation or trust or
any person or group of persons thatprovides health care services and employs health care
providers licensed, or subject to licensing, by the Massachusetts Department of Public
Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods
and services and subject to the provisions of 247 CMR 6.00. Health care institution
includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drug stores,
doctor offices and dentist offices.
Minor: Any individual who is under the age of eighteen(18).
Nicotine Delivery Product: Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or intended for human
consumption, but not including a tobacco substitute prescribed by a licensed physician or
a product that has been approved by the United States Food and Drug Administration for
sale as a tobacco use cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose. Nicotine delivery
product includes, but is not limited to, e-cigarettes.
• Permit Holder: Any person engaged in the sale or distribution of tobacco or nicotine
delivery products directly to consumers who applies for and receives a tobacco and
nicotine delivery'product sales permit or any person who is required to apply for a
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tobacco and nicotine delivery product sales permit pursuant to these regulations, or his or
• her business agent.
Retail tobacco store: an establishment which is not required to possess a retail food
permit whose primary purpose is to sell or offer for sale to consumers, but not for resale,
tobacco products and paraphernalia, in which the sale of other products is merely
incidental, and in which the entry of persons under the age of 18 is prohibited at all times,
and maintains a valid permit for the retail sale of tobacco products as required to be
issued by the City of Salem Board of Health.
Self-Service Display: Any display or commercial RYO machine from which customers
may select or make a tobacco product or a Nicotine Delivery Product without assistance
from an employee or store personnel.
Tobacco Product: Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or
tobacco in any of its forms. 4
Vending Machine: Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment, dispenses or makes cigarettes,
any other tobacco product or Nicotine Delivery Product. .
D. Tobacco and Nicotine Delivery Product Sales to Minors,Prohibited:
1. No person shall sell tobacco or nicotine delivery.products or permit tobacco or nicotine
• delivery products to be sold to a minor; or not being the minor's parent or legal guardian,
give tobacco or nicotine delivery products to a minor.
2. Required Signage
a. In conformance with and in addition to Massachusetts General Law, Chapter 270,
Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall
be posted conspicuously by the owner or other person in charge thereof in the
shop or other place used to sell tobacco products at retail. The notice shall be
provided by the Massachusetts Department of Public Health and made available
from the City of Salem Board of Health. The notice shall be at least 48 square
inches and shall be posted conspicuously by the permit holder in the retail
establishment or other place in such a manner so that it may be readily seen by a
person standing at or approaching the cash register. The notice shall directly face
the purchaser and shall not be obstructed from view or placed at a height of less
than four(4) feet or greater than nine (9) feet from the floor. The owner or other
person in charge of a shop or other place used to sell tobacco products at retail
shall conspicuously post any additional signs required by the Massachusetts
Department of Public Health.
b. The owner or other person in charge of a shop or other place used to sell tobacco
products at retail shall conspicuously post signage provided by the City of Salem
• board of health that discloses current referral information about smoking
cessation.
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c. The owner or other person in charge of a shop or other place used to sell nicotine
delivery products at retail shall conspicuously post a sign stating that "The sale of
• nicotine delivery products to minors under 18 years of age is prohibited." The
owner or other person in charge of a shop or other place used to sell e-cigarettes at
retail shall conspicuously post a sign stating that "The use of e-cigarettes at indoor
establishments may be prohibited by local law." The notices shall be no smaller
than 8.5"by I I" and shall be posted conspicuously in the retail establishment or
other place in such a manner so that they may be readily seen by a person
standing at or approaching the cash register. These notices shall directly face the
purchaser and shall not be obstructed from view or placed at a height of less than
four(4) feet or greater than nine (9) feet from the floor.
AP,
3. Identification: Each person selling or distributing tobacco or nicotine delivery products
shall verify the age of the purchaser by means of valid government-issued photographic
identification containing the bearer's date of birth that the`pizrchaser:js 18 years old or
older. Verification is required for any person under the age;,of 27.
4. All retail sales of tobacco or nicotine delivery products must be face-to-face between
the seller and the buyer.
E. Tobacco and Nicotine Delivery Product Sales Permit:""':
,ram
1. No person shall sell or otherwise distribut:e.tobacco or nicotine delivery products at
retail within the City of Salem without first'obtaming a Tobacco'`and Nicotine Delivery
VA
Product Sales Permit issued annually by the City of Salem Board of Health. Only owners
of establishments with a permanent, non-mobile location°in Salem are eligible to apply
for a permit and sell tobacco products or nicotine delivery products at the specified
location in Salem.
2. As part of the Tobacco, Nicotine Delivery Product Sales Permit application
process, the-applicant.will be provided with the City of Salem Board of Health regulation.
Each applicant is required,to sign a,statement declaring that the applicant has read said
regulation and that the app7icant�is responsible for instructing any and all employees who
will be responsible for tobacco andiicotine delivery product sales regarding both state
laws regarding-the sale of tobacco and this regulation.
3. Each applicant,who sells,tobacco is required to provide proof of a current tobacco sales
1„�1
license issued by the;Massachusetts Department of Revenue before a Tobacco and
Nicotine Delivery Product Sales Permit can be issued.
4. The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be determined
by the City of Salem Board of Health annually. All such permits shall be renewed
annually by
5. A separate permit is required for each retail establishment selling tobacco or nicotine
delivery products.
6. Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the
retail establishment in a conspicuous place.
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r -
7. No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any
• employee to sell tobacco products or nicotine delivery products until such employee
reads this regulation and state laws regarding the sale of tobacco and signs a statement, a
copy of which will be placed on file in the office of the employer, that he/she has read the
regulation and applicable state laws.
8. A Tobacco and Nicotine Delivery Product Sales Permit is non-transferable. A new
owner of an establishment that sells tobacco or nicotine delivery products must apply for
a new permit. No new permit will be issued unless and until all outstanding penalties
incurred by the previous permit holder are satisfied in full.
9. Issuance of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned
on an applicant's consent to unannounced, periodic inspections of his/her retail
establishment to ensure compliance with this regulation.
10. Issuance and holding of a Tobacco and Nicotine Delivery Product Sales Permit shall
41�.
be conditioned on an applicant's on-going compliance with current Massachusetts
Department of Revenue requirements and policies including, but not limited.to, minimum
retail prices of tobacco products. �
11. A Tobacco and Nicotine Delivery Product Sales Permit will not be renewed if the
t
permit holder has failed to pay all fines',tssued and the time'period to appeal the fines has
expired and/or has not satisfied any outsfi iding permit suspensions.
Q4 F-
• 12. Maximum Number of Tobacco and Nicotine,,,Delivery Product Sales Permits.
� t
(a) At any given time, there'shall be no more than [number (XX)] Tobacco and
Nicotine Delivery Product;Sales Permit's issued in City of Salem. No permit
renewal will 6e denied based on the requirements of this subsection except any
permittee who has. by [insert date for one month
afterli,,enewal.date] will be treated.as`a first-time permit applicant. Applicants
who purchase,-a business that holds a current Tobacco and Nicotine Delivery
Product Sales Permit at the titaE of the sale of said business may apply, within
siNfy.z(60) days of'sucli sale,=,for the permit held by the Seller if the Buyer intends
to selltobacco products and/or Nicotine Delivery Products. New applicants for
permits who are applying at a time when the maximum number of permits have
been issuedwill be placed on a waiting list and will be eligible to apply for a
permit on a"first-come, first-serve"basis as issued permits are either not renewed
s..
or are returned"to the Board.
F. Cigar Sales Regulated:
1. No retailer, retail establishment, or other individual or entity shall sell or distribute or
cause to be sold or distributed a cigar unless the cigar is contained in an original package
of at least four (4) cigars. [NOTE: Review this policy carefully and check with your
Board of Health first to see if they want to include this policy.]
•
2. This Section shall not apply to:
5
a. The sale or distribution of any cigar having a retail price of more than two dollars
• and fifty cents ($2.50).
b. A person or entity engaged in the business of selling or distributing cigars for
commercial purposes to another person or entity engaged in the business of
selling or distributing cigars for conunercial purposes with the intent to sell or
distribute outside the boundaries of City of Salem.
c. Retail Tobacco Stores.
3. The Board of Health may adjust from time to time the amounts specified in this
Section to reflect changes in the applicable Consumer Price IndexrbyA amendment of this
regulation.
G. Prohibition of the Sale of Blunt Wraps ``
No person or entity shall sell or distribute blunt wraps°withiii City of Salem.
H. Free Distribution and Coupon Redemption ,,
a
No person shall distribute, or cause to be distributed, any-"free samples of tobacco
products or nicotine delivery products �No means, instruments or devices that allow for
the redemption of tobacco products forlree'or at a reduced price below the minimum
s1'csep�^'
retail price determined by the Massachusetts Department of Revenue shall be accepted by
any permittee. , � -,
I. Out-of-Package Sales ,
No person may sell or cause to be sold or distribute or cause to be distributed, any
cigarette package that contain s`fewef'than tweniy(20) cigarettes, including single
cigarettes. ""Aff
P�A,
` y A
I Self-Service Displays:,\ `�
All self-service displays oftobacco products and/or nicotine delivery products are
prohibited. AILIhumidors including, but not limited to, walk-in humidors must be locked.
�r
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K. Vending Machines:
All tobacco and/or nicotine delivery product vending machines are prohibited.
L. Commercial Roll-Your-Own Machines
All commercial Roll-Your-Own machines are prohibited.
M. Prohibition of the Sale of Tobacco and Nicotine Delivery Products by Health Care
• Institutions:
No health care institution located in City of Salem shall sell or cause to be sold tobacco
or nicotine delivery products. No retail establishment that operates or has a health care
6
institution within it, such as a pharmacy or drug store, shall sell or cause to be sold
• tobacco products or nicotine delivery products.
N. Prohibition of the Sale of Tobacco and Nicotine Delivery Products by Educational
Institutions:
No educational institution located in City of Salem shall sell or cause to be sold tobacco
or nicotine delivery products. This includes all educational institutions as well as any
retail establishments that operate on the property of an educational institution.
O. Violations:
1. It shall be the responsibility of the establishment, permit holder and/or his or her
business agent to ensure compliance with all sections of this regulation pertaining to his
or her distribution of tobacco and/or nicotine delivery products. The,violator shall
receive:
a. In the case of a first violation, a fine of orie°hundred dollars ($100.00)1.
b. In the case of a second violation within 36 months of the date of the current
violation, a fine of two hundred dollars ($200.00)and the Tobacco and Nicotine
Delivery Product Sales Permit shall be suspended3for seven(7) consecutive
business days.
fix...
c. In the case of three or more violations within a 36 month period, a fine of three
hundred dollars ($300.00) and the Tobacco and Nicotine Delivery Product Sales
Permit shall be suspended for thirty(30) consecutive business days.
2. Refusal to cooperate with inspections pursuant to this regulation shall result in the
suspension of the Tobacco and Nicotine Delivery Product Sales Permit for thirty(30)
consecutive business days.
3. In addition to the monetary fines set above, any permit holder who engages in the sale
or distribution of tobacco or nicotine delivery products directly to a consumer while his
or her permit is suspended shall be subject to the suspension of all board of health issued
permits for thirty(30) consecutive business days.
4. The City of Salem Board of Health shall provide notice of the intent to suspend a
Tobacco and Nicotine Delivery Product Sales Permit, which notice shall contain the
reasons therefor and establish a time and date for a hearing which date shall be no earlier
than seven (7) days after the date of said notice. The permit holder or its business agent
shall have an opportunity to be heard at such hearing and shall be notified of the Board of
Health's decision and the reasons therefore in writing. After a hearing, the City of Salem
Board of Health shall suspend the Tobacco and Nicotine Delivery Product Sales Permit if
the Board finds that a sale to a minor occurred. For purposes of such suspensions, the
Board shall make the determination notwithstanding any separate criminal or non-
1 Fines can be higher than these suggested fines; however if a fine is over$300, non-
criminal disposition cannot be used as an enforcement tool.
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criminal proceedings brought in court hereunder or under the Massachusetts General
• Laws for the same offense. All tobacco products and nicotine delivery products shall be
removed from the retail establishment upon suspension of the Tobacco and Nicotine
Delivery Product Sales Permit. Failure to remove all tobacco and nicotine delivery
products shall constitute a separate violation of this regulation.
P. Non-Criminal Disposition:
Whoever violates any provision of this regulation may be penalized by the non-criminal
method of disposition as provided in General Laws, Chapter 40, Section 21 D or by filing
a criminal complaint at the appropriate venue.
pe.
Each day any violation exists shall be deemed to be a separate offense:
Q. Enforcement:
Enforcement of this regulation shall be by the City,,of Salem Board of Health of or its
designated agent(s). '°
Any citizen who desires to register a complaint pursuant:to"the regulation may do so by
contacting the City of Salem Board of Health or its designated agent(s) and the Board
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shall investigate. ' ,,
R. Severability:
If any provision of these regulations is declaredinvalid or,enforceable, the other
provisions shall not be affected"thereby but shall continue in full force and effect.
S. Effective Date: `.. '
t
This regulation shall take effe t on 1 r , 2012,
14
with the exception of Section F (Cigar Sales Regulated) which shall take effect on February 4,
2013-,
/ b
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