MEETING PACKET JANUARY 2015 •
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
PublicIiealth
120 Wf1SHINGTON STREET,4 FLOOR Prevent,Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL Iramdin&salem.com
Lk1tRY RAMDIN,RS/RF,1-[S,CI-K),(.;P-F:
MAYOR HEALTI-1 AGf NT
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
Wednesday January 7, 2015 at 7.00 PM
Senior Center S Broad St. 1'`Floor
MEETING AGENDA 4
r
1. Call to order z
2. Approval of Minutes r>r
m D
3. Chairperson Announcements
4. Public Health Announcements/Reports/Updates c
a. PHN Report
b. Health Agent
c. Administrative
d. Council Liaison
5. Reorganization of the Board This notice posted on "Offi i Bulletin Board"
City Hall, Salem, Mass. on �th
�v C?0/,j
6. Miscellaneous at J/ :3 1 qN in accordan MGL Chap. 3OA,
7. jou nt Sections 18-25.
Larry Ramdin
Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Next regularly scheduled meeting is February 12, 2015 at 7pm at City Hall Annex,
120 Washington Street Room 312.
Know your rights under the open meeting law MGL chapter 30A ss. 18-25 and City
Ordinance section 2-2028 through 2-2033
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
December 9, 2014
it DRAFT
MEMBERS PRESENT: Dr. Barbara Poremba, Chair, Dr. Shama Alam& Dr. Danielle Ledoux, Paul Kirby&
Janet Greene
OTHERS PRESENT: Larry Ramdin Health Agent, Council Liaison Beth Gerard & Suzanne Doty, Public Health
Nurse
MEMBERS EXCUSED:
TOPIC DISCUSSION/ACTION
1. Call to Order 7:00pm
2. Minutes of Last Meeting Dr. Ledoux motioned to accept the minutes with corrections. 2°d
(Sept 91"& 241") P. Kirby; 4 for, 0 against, 1 abstention.
Motion passes.
3. Chairperson Announcements None.
4. Monthly Reports-Updates
A. Health Agent Report Burial permits are now electronic; there will be no hard copies
available in the office. Funeral home will be allowed to print a
copy for burial.
Approved. Copy available at the BOH
B. Public Health Nurse *November's flu clinic at the High School was also an EDS
Report drill. The fire department has communication devises for us to
use during an emergency
*The Board of Health Department is looking for non-medical
volunteers to join the MRC
Suzanne completed a `just in time training" for fit testing that
she can use during an emergency
*Two TB cases have been closed
*Suzanne will send a list of state reportable diseases to the new
board members.
Approved. Copy available at the BOH
C. Administrative Report Overtime is over budget. Funds will be transferred to cover the
overage.
P. Kirby motioned to approve reports - 2nd by J. Greene
Approved unanimously. Copy available at the BOH
D. City Council Liaison *The keeping of chickens' ordinance is in front of City Council.
Updates *Request from BOH to reduce size is still tabled at this time.
� s
5. Hearing Request— Joyce Redford, Director, North Shore Cape Ann TAPP
Hawthorne Hotel smoking in Program, received a complaint on their hotline on 7/17/14
workplace violation stating; "Someone was smoking in the Hawthorne Hotel in a
conference room on the 2nd floor." On 7/21/14 Joyce Redford
&Inspector Peter King investigated the 2"d floor of Hawthorne
Hotel where they did smell smoke. They asked an employee if
there was an office there, if it was a smoking floor and if they
smoke in that office. The employee confirmed that the
Manager, Michael Harrington, did smoke in his office on the 2"d
floor and that is was a smoking floor. Mr. Harrington was under
the impression that because it was a smoking floor he could
smoke there. After receiving the violation letter from the Board
of Health Department, Attorney Mihos, who represents the
Hotel, asked for a hearing on this matter.
Attorney Mihos read a statement into record from Mr.
Harrington. The hotel also paid the violation at the meeting.
A copy of the statement is available at the BOH office.
J. Redford informed the Board of the following:
*Saugus approved Tobacco2l, which like Salem, goes into
effect 1/1/15 They also discussed a ban flavored tobacco. This
does not including menthol.
*In Danvers a presentation was made to the Board
*Revere is in discussions about this topic
*Lynn is also interested and will start discussing this soon.
*Also state required signs for 21 will be provided by NSCATC
6. Presentation by RCG- Matthew Picarsic showed a power point presentation on the
Washington St and Dodge proposed new development
Street An amendment and clarification are in process for item# 13,
Grease Management System, in the proposed conditions given
to Mr. Picarsic by Larry Ramdin, Health Agent.
7. New Business: matters not anticipated Some of the BOH members had a conflict with the regularly
prior to posting of agenda scheduled meeting on January 13, 2015. The meeting has been
changed to Wednesday January 7, 2015, pending availability of
a meeting room.
Chairperson Poremba announced that the meeting would
8. Executive Session- Purpose#1 adjourn after the Executive Session.
Dr. Ledoux motioned to start the executive session - 2nd Dr.
Alam. Approved unanimously
Dr. Ledoux motioned to close executive session-2"d by Dr.
Alam. Approved unanimously
r
8. MEETING ADJOURNED: 10:55
Ospectfully submitted,
Heather Lyons-Paul
Clerk of the Board
Next regularly scheduled meeting is January 7, 2015 at 7pm
Salem Senior Center, S Broad Street, 1st floor Salem.
I
Health Agent report January 2015 -
Announcements
• Mark Danderson was confirmed as a member of the Salem Board of Health term to end
March 12018
• The Board of Health through the MAOPC grant, facilitated the funding of a presentation
that addresses substance abuse by Chris Herren former NBA player, at the Salem High
School. The program has been scheduled for March 96'
• Suzanne Doty, Public Health Nurse and Heather Lyons Paul, Principal Clerk graduated
from the Massachusetts Local Health Institute. "Foundations of Local Public Health"
program, on March 4th
• Mayor Driscoll has appointed Mary Butler as the Chief of Police. Chief Butler was
promoted from lieutenant to acting captain in December 2014.In that capacity she served
as the commanding officer of the department's special operations division, with oversight
of the community impact unit, special response unit, traffic division, and records office.
She is a 28 year veteran of the Salem Police Department since 1987, where she has
overseen patrol division and the community impact unit as a lieutenant, served as public
information officer and detective, and worked as administrative aide to former Chief
Robert M. St. Pierre.
• The Sanitarian vacancy has been posted and initial interviews were conducted. The
posting will remain open until a suitable candidate is selected
Community Outreach
• An initial meeting of the Salem task force on Opiate overdose and use reduction was held
and plans are underway to formalize the task force. A second meeting is scheduled for
March 10.
Public Health Highlights
• An Administrative vas held at the request of Bruce Tinkham, the owner of 33 Buffi rn
Street. Mr. Tinkham wished to discuss issues related to a housing correction order, his
compliance and challenges he is facing in meeting total compliance due to refusal by the
tenants to allow entry into the unit to allow Mr. Tinkham and his contractor to complete
corrections. _
• The Department has responded to no heat complaints, 2 of which were on weekends. All
issues were resolved
406
Meetings and Trainings - i
• Larry Ramdin met with potential owners of 3 food establishments to discuss requirements _
for opening their operations.
• David Greenbaum attended the Northshore React meeting _
• Larry Ramdin and Suzanne Doty attended the NSCAEP Coalition meeting
Inspections
Item Monthly Total YTD 2014 Total
Certificate of Fitness 25 69 559
Inspection
Certificate of Fitness 3 3 17
reinspection
Food Inspection 15 25 384
Food Re-inspections 13 13 124
Retail Food 3 0 23
Inspections
Retail Food 0 0 7
reinspection
General Nuisance 0 2 14
Inspections
Food— 0 0 1
Administrative
Hearings
Housing Inspections 20 37 183
Housing re- 2 9 39
inspections
Meetings and Trainings -
• Larry Ramdin met with potential owners of 3 food establishments to discuss requirements
for opening their operations.
• David Greenbaum attended the Northshore React meeting
• Larry Ramdin and Suzanne Doty attended the NSCAEP Coalition meeting
Inspections
Item Monthly To YTD 2014 Total
Certificate of Fitness 25 69 559
Inspection
Certificate of Fitness 3 3 17
reinspection
Food Inspection 15 25 384
Food Re-inspections 13 13 124
Retail Food 3 0 23
Inspections
Retail Food 0 0 7
reinspection
General Nuisance 0 2 14
Inspections
Food— 0 0 1
Administrative
Hearings
Housing Inspections 20 37 183
Housing re- 2 9 39
inspections
Rodent Complaints 0 0 23
Court 0 2 10
Hearings/filings
Trash Inspections 0 18 218
Orders served by 0 0 2
Constable
Tanning Inspections 0 0 1
Body Art 0 0 1
Swimming pools 0 0 23
Bathing Beach 0 0 100
Inspection/testing
Lead Determination 0 0 1
Septic Abandonment 0 0 1
Septic System Plan 0 0 1
Review
Soil Evaluation 0 0 1
Percolation tests 0 0 2
Total 68 181 1737
I
Suzanne Doty RN, BSN
Salem Board of Health
Public Health Nurse
Public Health Nurse Report
Reporting on January 9th 2015 to March 5th 2015
Disease Prevention
• Investigated reportable diseases and reported case information to MDPH.
• In contact with North Shore Pulmonary Clinic and MGH pulmonary clinic on current
active tuberculosis cases.
• In contact with NSMC Infection Control department for prevention of disease within the
hospital.
• A Salem resident was notified that they were in contact with active Tuberculosis
requiring a PPD;I was able to obtain PPD from DPH and preform the test for this
resident, the result was negative.
• Completing input of patient information for all flu vaccines given_ this season into MIIS
(Massachusetts Immunization Information System).
Health Promotion
• Updated the Salem Board of Health Facebook and Twitter pages with information on
Measles, information on the Medical Reserve Corps and links regarding heart health for
the month of February.
• Posted a recruitment.letter on the Salem Patch Bulletin board providing information on
what the Medical Reserve Corps is and how to sign up.
• Provided the Director of Nursing,Paula Dobrow, with information from the CDC
regarding Measles.
Meetings/Trainings
• Completed the Local Public Health Institute"Foug0tions for Local Public Health
Practice in Massachusetts"course. This class began on October 15`h, included 3 in-person
class session as well as weekly modules and webinars. Graduation was held on
Wednesday March 41h
• Attended Personal Protective Equipment training on Topsfield regarding how PPE should
be used in the community.
• Attended the Emergency Preparedness Coalition meeting on February 25`h with a focus
on using WebEOC for ordering supplies in the event of an emergency,updates regarding
the MRC and discussion on community concerns.
• Attended the Salem React meeting on February 261h at the police department with the
Community Impact Unit, Salem Council on Aging and North Shore Elder Services to
discuss ongoing and new issues involving seniors in our community and ways to assist
them.
Monthly Report of Communicable Diseases
January 2015
Disease #Of Cases New Carry Over Discharged Running Total for
Reported Total for 2014
2015
Tuberculosis 2 0 1 1 2 5
(Active)
Latent 0 0 0 0 0 31
Tuberculosis*
Calicivirus/No 1 1 0 1 1 1
rovirus
Campylobacte 0 0 0 0 0 10
riosis
Chikungunya 0 0 0 0 0 1
Ehrlichiosis 0 0 0 0 0 1
Enterovirus 0 0 0 0 0 0
Giardiasis 0 0 0 0 0 0
Group A 0 0 0 0 0 2
Streptococcus
Group B 1 1 0 1 2 6
Streptococcus
Haemophilus 0 0 0 0 0 0
Influenzae
Hansen's 0 0 0 0 0 0
Disease
Hepatitis B* 0 0 0 0 0 2
Hepatitis C* 0 0 0 0 2 37
Influenza* 6 6 0 6 16 27
Legionellosis 0 0 0 0 0 0
Lyme 0 0 0 0 0 7
Disease*
Malaria 0 0 0 0 0 1
Meningitis 0 0 0 0 0 2
Pertussis 0 0 0 0 0 2
discuss ongoing and new issues involving seniors in our community and ways to assist
•
them.. - ..
Monthly Report of Communicable Diseases
January 2015
Disease #Of Cases New Carry Over Discharged Running Total for
Reported Total for 2014
2015
Tuberculosis 2 0 1 1 2 5
(Active)
Latent 0 0 0 0 0 31
Tuberculosis*
Calicivirus/No 1 1 0 1 1 1
rovirus
Campylobacte 0 0 0 0 0 10
riosis
Chikungunya 0 0 0 0 0 1
Ehrlichiosis 0 0 0 0 0 1
Enterovirus 0 0 0 0 0 0
iGiardiasis 0 0 0 0 0 0
Group A 0 0 0 0 0 2
Streptococcus
Group B 1 1 0 1 2 6
Streptococcus
Haemophilus 0 0 0 0 0 0
Influenzae
Hansen's 0 0 0 0 0 0
Disease
Hepatitis B* 0 0 0 0 0 2
Hepatitis C* 0 0 0 0 2 37
Influenza* 6 6 0 6 16 27
Legionellosis 0 0 0 0 0 0
Lyme 0 0 0 0 0 7
Disease*
Malaria 0 0 0 0 0 1
Meningitis 0 0 0 0 0 2
• Pertussis 0 0 0 0 0 2
A
Health Dept. Clerical Report FY 2 0
Burial Permits Permits Plan Reviews Certificate of Copies / Fines Revenue Permit Fees
$25 Fitness $50
July-14 $450.00 $815.00 $850.00 $2,115.00 Food Service Est. <25seats $14o
August $900.00 $2,415.00 $1,950.00 $5,265.00 25-99 seats $28o >99 seats $420
September $775.00 $1,000.00 $180.00 $950.00 $200.00 $3,105.00 Retail Food <i000sq' s7o
October $625.00 $1,804.00 $1,350.00 $7.00 $3,786.00 1000-10,000 $28o >1o,000 $420
November $675.00 $0.00 $90.00 $1,700.00 $2,465.00 Temp.Food 1-3 days s3oo
December $850.00 $50,095.00 $3,450.00 $54,395.00 4-7days s600 >7days $
January-15 Example of>7 day temp food permit.
$0.00 14(da s)divided bY 7=2 x s600=$1200
February $0.00 Frozen Desserts $25
March $0.00 Mobile Food $210
April $0.00 Plan Reviews New s18o
May $0.00
Remodel s90
June Catering $25 per eventl$2oo
$0.00 catering kitchen
Body Art Est. $315
Total $4,275.00 $56,129.00 $270.00 $10,250.00F $207.00 $71,131.00 Body Art Practitioner 135
Tobacco Vendors $135
Fiscal Year Budget 2015 Suntan Est. $140
Rec.Day Camp $10
Salary Starting Ending Expenses Ext.Paint Removal s35
Full Time $341,229.00 $173,558.79 Starting Ending Transport Off.Subst. s1o5
Part Time $15,997.00 $11,447.00 $17,050.00 $6,887.91
Overtime $2,000.00 $339.34 Swimming Pools Seasonal $140
Balance $359,226.00 $185,345.13 Health Clinic Revolving Account Annual$210 Nonprofit$40
$13,560.72 Title V Review $180
Well Application s18o
Disposal works $225/i80
Centers for Disease Control and Prevention 7
V LO
5 Y
S; irbidity and Mortality Weekly Report
Weekly/Vol.63/No.49 or December 12,2014
i =
State Laws Prohibiting Sales to Minors and Indoor Use of Electronic Nicotine
Delivery Systems — United States, November 2014
Kristy Marynak,MPPI,Carissa Baker Holmes,MPHI,Brian A.King,PhDI,Gabbi Promoff,MAI,Rebecca Bunnell,ScDI,Timothy McAfee,MDI
(Author affiliations at end of text)
Electronic nicotine delivery systems(ENDS),including elec- . combustible tobacco products are rapidly reduced(1).Therefore,
tronic cigarettes(e-cigarettes)and other devices such as electronic when addressing potential public health harms associated with
hookahs, electronic cigars, and vape pens, are battery-powered ENDS,it is important to simultaneously uphold and accelerate
devices capable of delivering aerosolized nicotine and additives strategies found by the Surgeon General to prevent and reduce
to the user.Experimentation with and current use of e-cigarettes combustible tobacco use, including tobacco price increases,
has risen sharply among youths and adults in the United States comprehensive smoke-free laws,high-impact media campaigns,
(1,2).Youth access to and use of ENDS is of particular concern barrier-free cessation treatment and services,and comprehensive
given the potential adverse effects of nicotine on adolescent brain statewide tobacco control programs(1).
development (3). Additionally, ENDS use in public indoor
areas might passively expose bystanders(e.g.,children,pregnant
women, and other nontobacco users) to nicotine and other INSIDE
potentially harmfid constituents (4,�: ENDS use could have
of
p y 1151 Estimated Influenza Illnesses and Hospitalizations
the potential to renormalize tobacco use and complicate enforce-
Averted by Vaccination—United States,2013-14 i
ment of smoke-free policies(1).State governments can regulate Influenza Season
the sales of ENDS and their use in indoor areas where nonusers 1155 Incidence of Sickle Cell Trait—United States,2010
might be involuntarily exposed to secondhand aerosol(4,5).To 1159 Global Invasive Bacterial Vaccine-Preventable
learn the current status of state laws regulating the sales and use Diseases Surveillance—2008-2014
Of ENDS,CDC assessed state laws that prohibit ENDS sales to 1163 Airport Exit and Entry Screening for Ebola—
minors and laws that include ENDS use in conventional smoking August-November 10,2014
prohibitions in indoor areas of private worksites,restaurants,and 1168 Ebola Virus Disease in Health Care Workers—
bars.Findings indicate that as of November 30,2014,40 states Sierra Leone,2014
prohibited ENDS sales to minors,but only three states prohibited 1172 Rapid Assessment of Ebola Infection Prevention
ENDS use in private worksites,restaurants,and bars.Of the 40 and Control Needs—Six Districts,Sierra Leone,
states that prohibited ENDS sales to minors,21 did not prohibit October 2014
ENDS use or conventional smoking in private worksites,restau- 1.175 Clinical Inquiries Regarding Ebola Virus Disease
rants, and bars.Three states had no statewide lawy prohibiting Received by CDC—United States,.July 9-
v' w
ENDS sales to minors and no statewide laws prohij�'ting ENDS November 15,2014. :
use or conventional smoking in private worksites, restaurants, 1180 Announcement
and bars.According to the Surgeon General, ENDS.have the 1183 QuickStats
potential for public health harm or public health benefit(1).The
possibility of public health benefit from ENDS could arise only
if 1)current smokers use these devices to switch completely from Continuing Education examination available at
combustible tobacco products and 2) the availability and use of http://www.cdc.gov/mmwr/cme/conted_info.html#weekly.
Reprinted and distributed by NEJM Group,a division of the Massachusetts Medical Society
U.S.Department of Health and Human Services
Centers for Disease Control and Prevention
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Morbidity and Mortality Weekly Report _
Data on state laws enacted as of November 30,2014,were children aged <18 years can legally purchase ENDS in the
Columbia-
obtained from CDC's State 3'obacco-Activities Tracking and - -"-remaining it states,including the District of j
Evaluation(STATE)System for the 50 states and the District Whereas 27 states,including the District of Columbia,have
of Columbia.* STATE contains tobacco-related state laws comprehensive smoke-free laws that prohibit smoking in res-
collected quarterly from the LexisNexis online legal research taurants,worksites,and bars,only three limit indoor ENDS
database.t This study examined laws that explicitly prohibit: use: New Jersey, North Dakota, and Utah (Figure 2).Thus,
1)ENDS sales to minors;and 2)ENDS use in indoor areas of an estimated 303 million U.S.residents,including 70 million
nonusers of these products
private-sector worksites,restaurants,and bars.Laws that made children, live in states in whi der secondhand smoke from
general reference to tobacco products or tobacco consumption, can be passively exposed
to without explicit reference to ENDS,were excluded.State laws cigarettes and other combustible tobacco products or ENDS
covering private-sector worksites, restaurants and bars were aerosol.No states have enacted comprehensive smoke-free laws
assessed to determine whether these laws align with CDC's or laws prohibiting ENDS use in private worksites,restaurants,
definition of a comprehensive smoke-free law(i.e.,prohibiting and bars since 2012(Table).
smoking in all indoor areas of private worksites, restaurants, Two states (New Jersey and Utah) prohibit ENDS sales to
and bars) (�i . U.S. Census Bureau estimates as of July 2013 minors and indoor smoking and indoor ENDS use in private
were used to estimate population coverage-5 worksites, restaurants, and bars (Table).Three states (Nevada,
A total of 40 state laws prohibit ENDS sales to minors Pennsylvania,and'Iexas)have neither type of law(Table).Among
(Table), sales are prohibited to persons aged <18 years in the 40 states with laws prohibiting ENDS sales to minors,21 lack
36 states and<19 years in Alabama,Alaska,New Jersey,and laws that prohibit conventional smoking and ENDS use indoors
Utah(Figure 1).Twelve states enacted such laws effective dur- in private worksites,restaurants;and bars(Table).
ing 2010-2012,compared with 12 states in 2013,and 16 states Discussion
by November 30, 2014 (Table). Approximately 16 million
An increasing number of states have enacted laws prohibiting
-Additional information available at httpJ/wwwcdc.gov/tobacco/statesystem. ENDS sales to minors,but 11 states,including the District of
(ENDS laws will be added to the STATE system database in 2015.) Columbia,have not.Far fewer states have passed laws prohibit-
t Additional information available at hup://wwwlo&ncxis.com. ing ENDS use indoors,and no states have enacted such laws
4Additional information available at htV.//5afinder2.oe...grn'/faoes/tab6.,icad
jsf/pWdprodurniewxhtmL?pid=PEP 2013—PEPAGESEX&prodType=rable. since 2012.The comparative lack of laws prohibiting ENDS
1146 MMWR / December 12,2014 /Vol.63 / No.49
i J
Morbidity and Mortality Weekly Report
FIGURE 1.Stateswith and without laws prohibiting sales of electronic youth prevention efforts,including.preemption of stricter ocal
nicotine delivery systems (ENDS)to minors*—United States, policies and weak enforcement requirements(9).Additionally, _
November 30,2014 laws prohibiting sales to minors are likely to have limited effec-
tiveness as a youth tobacco prevention strategy if not coupled
with proven interventions such as comprehensive smoke-free
laws(1,9).Thus,among the 21 states that have laws prohibit=
ing sales of ENDS to minors but do not have comprehensive
smoke-free laws, protections against the use of conventional
tobacco and ENDS in indoor public places would benefit
p DC public health.Laws prohibiting sales of ENDS to minors that
allow for local action and feature strong enforcement prisions
are more likely to help prevent youth access(9).
The recent rapid increase in ENDS use by youth and adults
might be partially attributable to increased advertising of these
products,particularly on television(10).Some marketing sug-
gests that ENDS can be used in places where smoking is not
Prohibits ENDS sales to minors(n=40) allowed(1)or refers customers to advocacy groups that oppose
IN No prohibitions on ENDS sales to minors(n=11) indoor ENDS use prohibitions(3).**tt These groups contend
Minorsareclefined by statute as persons aged<1 8years,except in fburstateswhere that ENDS emit fewer toxins than combustible tobacco,and
theyare defined as personsaged<1 9years(Alabama,Alaska,NewJersey,andUtah). that public use could encourage smokers to switch to ENDS.
However,ENDS aerosol is not as safe as clean air.Nicotine is
use indoors could be attributable to limited knowledge about a psychoactive chemical with known harms and irritant effects
the potential health effects of public ENDS use and to the (1). Research has documented the presence of secondhand
sting state
-free laws(1). nicotine exposure using.
ronmental monitoring
complexities
he
Prohibiuo s on ENDS use in public places meight be benefi- measurement of b omarkers lam among exposed nonusers and
(St7)
cial in multiple ways.First,prohibitions could preserve clean Moreover, public ENDS use might prolong smoking by
indoor air because ENDS aerosol can contain harmful and facilitating situational substitution of ENDS when smoking
potentially harmful constituents,including nicotine and other is not allowed,rather than complete substitution(1,3).Using
toxins (4,5,7), and some ENDS can be modified to deliver a public health standard, policies should consider potential
marijuana and other psychoactive substances (8). Second, adverse impacts on the entire population,particularly children
based on the experience that smoke-free policies result in and nonusers.(1).
diminished social acceptability of smoking(9),restrictions on The Food and Drug Administration (FDA) has issued a
ENDS use in public might help support tobacco-free norms. proposal to regulate additional products meeting the legal
Third,such restrictions could support smoke-free law enforce- definition of a tobacco product, including ENDS, through
ment because some ENDS use can be difficult to distinguish authority,granted by the Family Smoking Prevention and
from conventional smoking, thus complicating smoke-free Tobacco Control Act.44 If finalized as written,the rule would
policy enforcement.Accordingly, it is important that efforts establish,among other provisions:restrictions to prevent sales
to integrate ENDS into smoke-free.laws uphold or strengthen, to minors,to prohibit free samples, and to prohibit vending
not weaken,existing protections against secondhand smoke machine sales, unless in a facility that never admits minors.
exposure(13). The proposed rule must undergo several steps before becoming
The relatively rapid adoption of laws prohibiting ENDS final,and during this period there could be further increases
sales to minors compared with the slow adoption of laws in youth ENDS use. Furthermore, FDA regulation will not
prohibiting ENDS use in public indoor spaces might be address certain key policy interventions related to ENDS,such
attributable,in part,to the tobacco industry,which has actively as use in public places.The Family Smoking Prevention and
advocated for state legislation to prevent minors from purchas- Tobacco Control Act allows states and localities to adopt or
ing ENDS 5 This is of concern because industry-supported continue to enforce additional or more stringent requirements
youth-access bills have contained provisions that undermine
**Additional information available at htcp://wwwhowtonjoyvaping.com/home-1.
tt Additional information available at http://sfata.org/cafs-to-action.
fAdditional information,available at.http://www.commerce.senate.gov/ WAzlditional-information available at http://wwArgpo.g-/fdWs/pkg/PLAW-
public/?a=Files.Serve&File_id=7e32673d-795b-44ce-979b-cc9d6c4fl d48. 111 pub131/content-detail.html.
MMWR / December 12,2014 /Vol.63 / No.49 1147
Morbidity and Mortality Weekly Report '
TABLE.State laws_prohibiting sales of electronic nicotine delivery systems(ENDS)to minors and laws prohibiting conventional smoking and
the use of ENDS in indoor.areas.of.private worksites,restaurants,and bars,—United States,Noyember 30,201 .. . .
State smoke-free law
Effective date of Prohibits conventional Includes Summary of laws
law restricting smoking in worksites, as of
ENDS sales to minors restaurants,and bars restriction iv ENDS use enacteNovemberd30,014 ;
(minimum age allowed[yrs]) (effective date) (effective date)
State yq
Alabama 8/1/2013(19) YA
8/22/2012(19) YA/SF
Alaska 9/13/2013(18) 5/1/2007 No YA —
Arizona -
Arkansas 8/16/2013(18) YA
9/27/2010(18) YA/SF
California 3/25/2011 08) 7/1/2006 NO YA
Colorado Connecticut 10/l/2014(18) 12/1/2002 No YA/SF
Delaware 6/12/2014(18) No SF
District of Columbia 1/1/2007 YA i
Florida 7/1/2014(18) YA
Georgia
7/1/2014(18) 006 No YA/SF
11/16/2
Hawaii 6/27/2013(18) YA
7/1/2012(18) YA/SF
Idaho 1/1/2014(18) 1/1/2008 N° YA
Inlinoisdiana ana 7/1/2013(18) No YA/SF
7/1/2008
7/1/2014(18) YA/SF
Iowa 7/1/2010 No j
Kansas 7/1/2012(18) YA
Kentucky 4/10/2014(18) YA
Louisiana 5/28/2014(18) No SF
9/11/2009 YA/SF
Maine 2/1R008 No
Maryland 10/1R012(18) 7/5/2004 No SF
Massachusetts 5/1/2010 No SF
Y
Michigan 10/1/2007 No
aAF
Minnesota 8/1/2010(18)
Mississippi 7/1/2013(18) YA .
Missouri 9/10/2014(18) 10/1/2009 No SF
Montana 6/1/2009 No YA/SF
Nebraska 4/9/2014(18)
Nevada YA
New Hampshire 7/31/2010(18) Yes(7/11/2010) YA/SF/EF
3/12/2010(19) 4/15/2006 SF
New Jersey 6/15/2007 No
New
7/24/2003 YA/SF
New York CO 1/1/2013(18) No YA
North Carolina 8/12013(18) Yes(12/6/2012) SF/EF.
12/6/2012 YASF
North Dakota g/2/2014(18) 12/7/2006 No /
Y
Ohio
Oklahoma 11/1/2014(18) 1/1/2009 No SF
Oregon
Pennsylvania 3/12005 No YA/SF
Rhode Island 6/30/2014(18) YA
6/7/2013(18) YA/SF
South Carolina No
7/1/2014(18) 11/10/2010 YA
South Dakota 7/1/2011(18)
Tennessee
Texas 1/1/2009 Ye.(5/8/2012) YA/SF/EFUtah 4
5/11/2010(19) ar YA/SF
Vermont $ 7/1/2013(18) �* 7/1/2009 N° YA
Virginia 7/1/2014(18) No YA/SF
Washington 7/28/2013(18) 12/8/2005 YA
6/27/2014(18) YA/SF
West Virginia 4/20/2012(18) 7/5/2010 No YA
Wisconsin
Wyoming 3/13/2013(18) N/A
Total -w
40 27 - 3
-fre
law
t prohibits smoking
te has a
Abbreviations:YA=youth access(state law prohibits nd baarrs EF sales ENDS-free(state of ENDS to minors);
prohibits the use of ENDSENDS n ndoor areas of Private orksitess,raestaurants,and bars).n
hensip4e smoke
indoor areas of prnrate worksites,restaurants,
1148 MMWR / December 12,2014 /Vol.63 / No.49
J
Morbidity and Mortality Weekly Report _
TABLE.State laws_prohibiting sales of electronic nicotine delivery systems(ENDS)to minors and laws prohibiting conventional smoking and
the use.of ENDS in indoor.areas.of.private worksites,restaurants,atndbars-United States,N9Yember:30; y1 ___ _ .. .
State smoke-free law !
Effective date of Prohibits conventional Includes Summary of laws
law restricting smoking In worksites,
ENDS sales to minors restaurants,and bars restriction on ENDS use enacted as of
State (minimum age allowed(yrs)) (effective date) (effective date) November 30,2014
Alabama 8/1/2013(19) YA
YA
Alaska 8/22/2012(19)
Arizona (18) 5/1/2007 No A/SF
Arkansas 8/16/2013(18) YA
Califomia 9/27/2010(18) No YA/SF
Colorado 3/25/2011(18) 7/1/2006 YA
Connecticut 10/1/2014(18)
Delaware 6/12/2014(18) 12/1/2002 No YA/SF
District of Columbia 1/1/2007 No SF
Florida 7/1/2014(18) YA
Georgia 7/1/2014(18) No YA/SF
Hawaii 6/27/2013(18) 11/16/2006 YA
Idaho 7/1/2012(18)
1/1/2014(18) 1/1/2008 No YA/SF
Illinois YA i
7/1/2013(18)
Indiana j
Iowa 7/1/2014(18) 7/1/2008 No YA/SFYA I
Kansas 7/1/2012(18) 7/1/2010 No YA/SF
Kentucky 4/10/2014(18) YA j
Louisiana 5/28/2014(18) SF
9/11/2009 No i
Maine No YA/SF i
Maryland 10/1/2012(18) 2/1/2008 SF
Massachusetts 7/5/2004 No 5/1/2010 No SF
Michigan 10/1/2007 No YA/SF
Minnesota 8/1R010(18) YA
Mississippi 7/1/2013(18) YA
Missouri 9/10/2014(18) No SF
lonnoo9
Montana 4/9/2014(18) 6/1/2009 No YA/SF
Nebraska
Nevada YA
New Hampshire 7/31/2010(18) j
New Jersey 3/1212010(19) 4/15/2006 Yes(7/11/2010) YA/SF/EF !
6/15/2007 No SF i
New Mexico 7/24/2003 No YA/SF
New York 1/1/2013(18) YA
North Carolina 8/1/2013(18) F.
North Dakota 12/6/2012 Yes(12/6/2012) SF/YA/EF j
Ohio 8/2/2014(98) 12/7/2006 No YA
11/12014(18)
Oklahoma SF
Oregon 1/1/2009 No
Pennsylvania 3/1/2005 No YA/SF
Rhode Island 6/30/2014(18) YA
South Carolina 6n12013(18) No YA/SF
South Dakota 7/12014(18) 11/10/2010 YA
Tennessee 7/1/2011(18)
Texas 1/1/2009 Ye-,(5/8/2012) YA/SF/EF
Utah 5/11/2010(19) YA/SF
Vermont 7/1/2013(18) 7/1/2009 NO YA ,
Virginia 7/1/2014(18)
Washington 7/28/2013(18) 12/8/2005 No YA/A F
West Virginia 6/27R014(18) 7/5/2010 No YA/SF
Wisconsin 4/20/2012(18) YA
Wyoming 3/13/2013(18)
Total 40 27 _ 3 N/A
oke-free law that prohibits
indoor aations:YA youth access(state law prohibits reas of private worksites,restaurants,and bars-,EF=ENDS-free(state law prohibits thales of ENDS to minors);SF= e (state of ENDS n doocomprehensive
areas of pmrivate worksites,restaurants,and bars�n
1148 MMWR / December 12,2014 /Vol.63 / No.49
Morbidity and Mortality Weekly Report
- -.. -
FIGURE 2.States with and without laws prohibiting smoking and use
of electronic nicotine delivery systems(ENDS)in indoor areas of private
worksites,restaurants,and bars—United States,November 30,2014
1I
®DC
{
i
i
Prohibits indoor smoking,and indoor ENDS use(n=3)
Prohibits indoor smoking only(n=24)
®No comprehensive*smoke-free air law or prohibition
on indoor ENDS use(n=24)
i
*CDC defines a state smoke-free air law as comprehensive if it prohibits smoking
in indoor areas of private worksites,restaurants,and bars.
Although ENDS might have the potential to benefit estab-
lished adult smokers if used as a complete substitute for all
products,combusted tobacco p , ENDS should not be used by
than those stipulated.Additional national and state policies youths and adult nontobacco users because of the adverse
effects of nicotine and other risk exposures,as well as the risk
addressing retailer licensing,Internet sales,taxation,and mar- for progression to other forms of tobacco use(1).The findings
keting could further prevent youth use of ENDS and other in this report suggest that states have additional opportunities
tobacco products(1,3). to prevent access to ENDS,avoid renormalization of tobacco
The findings in this report are subject to at least two limits- us and preserve clean indoor air standards.
tions.First,STATE does not contain bills under consideration, Proven tobacco prevention strategies, including compre-
regulations,local laws, opinions of attorneys general, or case hensive smoke-free laws and robust prohibitions against sales
law decisions for tobacco control topics other than preemp- o minors, could be effective in preventing youth ENDS use '!,
tion. Importantly, over 200 localities have included ENDS and denormalizin tobacco use.Simultaneously upholding and
prohibitions in their comprehensive smoke-free laws 1s Second, S
the strength of each law or the specific language contained in accelerating strategies proven to prevent conventional tobacco
each law was not assessed.Statutory definitions of ENDS(e.g., use,support tobacco cessation,and prevent secondhand smoke
. For example, some
as a tobacco product) vary across states
exposure would benefit public health(1,3).
wl
states' statutory definitions of ENDS define the products as ._f Acknowledgments
alternative nicotine or vapor products that are exempt from Allison MacNeil, MPH, Kisha-Ann S.Williams, MPH, Office
regulations or taxes that apply to tobacco products.Including on Smoking and Health, National Center for Chronic Disease
ENDS in the state or local statutory definition of tobacco Prevention and Health Promotion,CDC;Ryan Patrick,JD,Noah
products could facilitate the extension of additional tobacco _ Kingery,MayaTech Corporation. -
control policies to ENDS, such as retailer licensing require- 10ffice on Smoking and Health,National Center for Chronic Disease
ments,taxation,and marketing provisions. prevention and Health Promotion, CDC (Corresponding author: Kristy
Marynak,ktnarynak@cdc.gov,770-488-5493)
11 Additional information available at http://www no-smoke.orglpdf/eci kws•Pdf
MMWR/ December 12,2014 /Vol.63 / No.49 1149
Morbidity and Mortality Weekly Report
References 6.CDC.State smoke free laws for worksites,restaurants,and bats—United
_ -- --- State,2000-2010.MMWR Morb Moft-d WUy Rep 20H;60.472=5.
1.US Department of Health and Human Services:Thi:health consequences 7.BAW M, Martfnez-Sanchez JM, Sureda X, et al. Cigarettes vs.
of smoking-50 years of progress:a report of the Surgeon General.Atlanta, _
e-cigarettes:passive exposure at home measured by means of airborne
GA:US Department of Health and Human Services,CDC;2014.
marker and biomazkers.Environmental Res 2014;135076-80.Epub
2.King BA,Patel F.Nguyen KH,Dube SR Trends in awareness and use
of electronic cigarettes among U.S.adults,2010-2013.Nicotine Tob Res ahead of print.
2014.Epub ahead of print. 8.Durmowicc EL.The impact of electronic cigarettes on the paediatric
3.Grana R, Benowitz N, Glantz S. E-cigarettes: a scientific review. Population.Tob Control 2014;23:ii41-6.
Circulation 2014;129:1972-86. 9.US Department of Health and Human Services.Preventing tobacco use
among youth and young adults:a report of the Surgeon General.Atlanta,
4.Gon ML,Kama T,Gawron M,Knysak J,Kosmidet L.Nicotine
levels in electronic cigarettes:Nicotine Tob Res 2013;15:158--66. GA:US Department of Health and Human Services,CDC;2012.
5.Schripp T, Markewitz D, Uhde E, Salthammer T. Does e-cigarette 10.Kim AE,Arnold -2 12.Am ko PrevE cigarette advertising expenditures
consumption cause passive vaping?Indoor Air 2013;23:25-31.
in the U.S.,2011-2012.Am J re Med 2014;46:409-12.
u,.
r
tyr
' 4�1
• e aY
i
1
j
1150 MMWR / December 12,2014 /Vol.63 / No.49
I1
Morbidity and Mortality Weekly Report _
References 6.CDC.State smoke-free laws for worksites,restaurants,and bars—United
_ --•..._._ _- Stat�2000-2010.MMWR-Morb ModalWkly-Rep 20H;60:472=50 "
_
I:US Departrnentof I ealth and Human"Servica.The health-consequences y Baljbb M, Martfnei-S£nchez JM, Suteda X, et al. Cigarettes vs.
GA smoking=50 years of progress:a report the Surgeon General.2014.al.Atlanta, e-cigarettes:passive exposure at home measured by means of airborne
G US Department of Health and Human Services,CDC; marker and biomarkers.Environmental Res 201403507640.Epub
2.King BA,Patel R;Nguyen KH,Dube SR.Trends in awareness and use ahead of print
of electronic cigarettes among U.S.adults,2010-2013.Nicotine Tob Res 8"Durmowfcz EL The impact of electronic cigarettes on the paediatric
2014.Epub ahead of print population.Tob Control 2014;23:ii41-6.
3.Grana R, Benowitz N, Glantz S. E-cigarettes: a scientific review. 9,US Department of Health and Human Services.Preventing tobacco use
Circulation 2014;129:1972-86 among youth and young adults:a report of the Surgeon General.Atlanta,
4.Goniewicz.ML,Kuma T,Gawron M,Knysak J,Kosmider L.Nicotine CA-US Department of Health and Human Services,CDC;2012.
levels in electronic cigarettes.Nicotine Tob Res 2013;IS:158-66. 10.Kim AE,Arnold KY,Makarenko O.E-cigarette advertising expenditures
5.Schripp T, Markewitz D, Uhde E, Salthammer T. Does e-cigarette
consumption cause passive vaping?Indoor Air 2013;23:25-31. in the U.S.,2011-2012.Am J Prev Med 2014;46:409-12.
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�t
•
i
j
1150 MMWR/ December.12,2014 /Vol.63 / No.49
i
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
January 21, 2015
DRAFT
MEMBERS PRESENT: Dr. Shama Alam, Chair, Janet Greene, Paul Kirby, Dr. Danielle Ledoux &Dr. Barbara
Poremba
OTHERS PRESENT: Larry Ramdin Health Agent, Council Liaison Beth Gerard &Heather Lyons-Paul, Clerk of
the Board
TOPIC DISCUSSION/ACTION
1. Call to Order 7:30pm
2. Vote to recommend to Dr. Ledoux motioned that the Salem Board of Health support the reduction
city council the reduction in the size of the Board from 7 to 5 members.
of the Board of Health 2"d Janet Greene -No discussion - all in favor
Members Councilor Gerard will be making a motion to Council for a Home rule petition to
amend Ch. 654 of 1972.
3. New Business/Scheduling
of Future Agenda Items
A. Agenda items *City seals for Martin Fair and Gayle Sullivan. Dr. Poremba will talk to Gayle.
for next month
*Larry Ramdin provided information to the Board about a nuisance complaint.
Board has instructed Mr. Ramdin to delay the delivery of nuisance complaint until
the Board can discuss it at the next meeting.
There was a brief discussion about open meeting law and conflict of interest law.
Beth Rennard and Victoria Coldwell will be contacted for clarification.
*Executive session and tobacco suspensions will be added to the agenda for next
month
4. Meeting adjourned: Dr. Poremba motioned to adjourn the meeting 2"d Dr. Ledoux
all in favor
Meeting adjourned at 8:15pm
Respectfully submitted,
Heather Lyons-Paul
Clerk of the Board
Next regularly scheduled meeting is February 11, 2015 at 7pm
At Senior Center P Floor 5 Broad Street, Salem