MEETING PACKET JUNE 2016 CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4TM1'FLOOR PPr" Pr
omote.e E[ b Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdinasalem.com
LA1tRY RAIviDI:N,RS/KEPIS,CI-IO,CI'-F:
MAYOR
HLAI.TI-I AGENT
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
Tuesday June 14, 2016 at 7:00 PM
City Hall Annex 120 Washington Street 3'd Floor Room 313
MEETING AGENDA
1. Call to order
2. Approval of Minutes
Q 3. Chairperson Communications n
c f'
M rY7: .
d. 4. Public Health Announcements/Reports/Updates -
c° a. PHN Report r'
t
cV b. Health Agent v'
c. Administrative
d'12 d. Council Liaison Updates
a �3 5. Bunghole Liquors 3'�tobacco sale violation hearing
d
V
5 c M 6. Plastic bags discussion: Salem Student Initiative and Michelle Gottlieb (Marblehead Board
L of Health Member)
o �
0 2 eo 7. Tobacco regulation draft discussion with Joyce Redford on flavor suspension and
toc N suspension language update, continuation
CL"N p °r° 8. Janet Greene discussion on Beth Israel Deaconess Medical Center's (BIDMC) Office of
o � Community Relations Community Health Fellows Grant Program
t = c
H !� 0 9. New Business/Scheduling of future agenda items
2 k d
F- U ec v) • Items that could not be anticipated prior to the posting of the agenda
Larry RaAidin
Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Next regularly scheduled meeting is July 12, 2016 at 7:00pm at City Hall Annex, 120
Washington Street 3'd Floor Room 313.
isKnow your rights under the open meeting law MGL chapter 30A ss 18-25 and City Ordinance
section 2-2028 through 2-2033
f
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
May 10, 2016
DRAFT
MEMBERS PRESENT: Dr. Shama Alam, Chair,Nancy Crowder, Janet Greene, Paul Kirby, &Dr. Jeremy
Schiller
OTHERS PRESENT: Larry Ramdin, Health Agent, Erica Rimpila, Public Health Nurse&Heather Lyons-Paul
Clerk of the Board, Joyce Redford Dir. NSCATACP, Council Liaison Beth Gerard
TOPIC DISCUSSION/ACTION
1. Call to Order 7:05pm
P. Kirby motioned to take agenda out of order. Dr.
Schiller 2nd All in favor. Motion passed.
2. Minutes of Last Meeting Dr. Schiller motioned to approve minutes.J. Greene 2nd
(April 12,2016) All in favor. Motion passed.
3. Chairperson Announcements Nancy Crowder the new Board of Health Member was
sworn in by City Clerk today.
Universal Steel topic will be postponed until more
information is available.
4. Monthly Reports-Updates
A. Public Health Nurse's Vibrio has been added to list of food borne illness
Report reportable disease list.
Copy available at the BOH office
B. Health Agent's Report NARCAN training was done at the City Council meeting.
Board would like a training at a future meeting.
Trash discussion.
Copy available at the BOH office
C. Administrative Report Copy available at the BOH office
P. Kirby motioned to accept the reports.Dr. Schiller 2nd
All in favor. Motion passed.
D. City Council Liaison Home rule petition update. Councilor Gerard spoke with
Updates State Representative Paul Tucker on the matter. It is
currently awaiting 3rd reading at the state's public health
subcommittee.
5. 14 Bertuccio Avenue— Benjamin Osgood, Civil Engineer at TTI Environmental
subdivision presentation Inc., representing the owners of 14 Bertuccio Avenue.
L. Ramdin reviewed the plans. He provided the Board with
the standard list of conditions and recommended approval
P. Kirby motioned to approve the subdivision pending
compliance with the Board of Health standard list of
conditions.Dr. Schiller 2nd All in favor. Motion passed
L. Ramdin will send Ben Osgood and Amanda Chiancola
from the Planning Department a letter with the list of
conditions.
6. Northfields neighborhood No members present. Councilor Beth Gerard spoke on
association discussion behalf of the association that the association is interested in
curbing smoking in playgrounds. The Board welcomes
hearing directly from the association.
Joyce Redford reviewed the drafted sections of the Tobacco
7.Joyce Redford Dir. Of regulations she supplied to the Board.
NSCATACP—Draft tobacco *Section F cigar sales#1, is being discussed. Could lead to
regulation discussion; flavor confusion for tobacco vendors. J. Redford will ask DJ
suspension and suspension Wilson, MAPC Tobacco Project Attorney, to follow up
language update. with the Board on this.
*Suspension language discussion
Policy was already in place for the Health Agent to delegate
suspension of permits for 2nd offense. Clarification of the
draft language is needed
*Section Q-c. 3'violation possible language addition; will
notify the Board as an agenda item
Add a(d)to Section Q. possible language addition: any
additional violation shall come before the Board for
suspension or revocation.
J. Redford suggested that DJ Wilson and Assistant City
Solicitor Victoria Caldwell meet to discuss the suspension
language. Paul Kirby was named to represent the Board on
these discussions.
L. Ramdin will provide to the Board the Environmental
Tobacco Smoke state code.
8. New Business/Scheduling of future agenda Items that the Chair could not anticipate.
items Joyce Redford draft tobacco regulations discussion
continues
Student initiative banning plastic bags
8. MEETING ADJOURNED: P. Kirby motioned to adjourn the meeting.J. Greene 2nd
All in favor. Motion passed
8:50pm
Respectfully submitted,
Heather Lyons-Paul
Clerk of the Board
Next regularly scheduled meeting is June 14, 2016 at 7pm
At City Hall Annex, 120 Washington Street,Room 313 Salem.
i
• Erica Rimpila RN BSN BA
Salem Board of Health
Public Health Nurse
Public Health Nurse Report
Reporting on May 1 lth 2016 to June 14th 2016
P g Y ,
Disease Prevention and Health Promotion
• Investigated reportable diseases and reported case information to MDPH.
• Active Tuberculosis:New Case June 1"2016. Beginning case management on one new
active case with Tuberculosis. DOT treatment started June 6`n
• Coordinating follow up with North Shore Pulmonary Clinic on 2 current active
tuberculosis cases. Coordinating follow up with BMC TB Pulmonary Clinic on 1 current
active tuberculosis case.
• The Massachusetts Department of Public Health(MDPH)and the Boston Public Health
Commission(BPHC)has confirmed the first case of measles in the Commonwealth this
year, in an individual with an unknown vaccine history who recently visited from
Europe. MDPH and BPHC have been working with healthcare providers and other local
boards of health to notify individuals who may have been exposed and make
. recommendations concerning vaccination and quarantine of susceptible contacts.
Meetings/Trainings
• On May 111h and May 121h attended 2°d and 3`d day of MEMA 300 Course in Tewksbury.
The course focused on the Intermediate ICS for Expanding Incidents(ICS-300).
• On May 171n, May 241n and June 7`h provided Wellness Clinic at Salem Senior Center.
Introduced self to seniors and staff and answered questions on mosquitos and tics.
Provided blood pressure screenings.
• On May 18'participated in online webinar for Local Public Health Institute Course
Introduction to Environmental Health online webinar.Discussed LBOH environmental
health functions and regulatory functions. Completed online trainings:Nuisance Control
and Recreational Camps for Children.
• On May 20`h inspected Boys and Girls Club Camp.
• On May 25`h and June 91h participated on a panel for the Directly Observed Treatment
Pilot program. Provided information to and answered questions for other local Public
Health Nurses on new piloted TB DOT log.
• On May 25`h attended North Shore Emergency Preparedness Coalition Meeting. Received
update from Liisa Jackson, Medical Reserve Corps (MRC), on Well Check program for
seniors and other residents at risk. The MRC is coordinating with the Council on Aging
on setting up a Well Check program for seniors in Salem.
1 �
• • On May 26"'attended the MEMA Hurricane Preparedness Conference in Norwood. The
conference focused on identifying vulnerabilities of critical infrastructure related to
hurricanes and enhancing resilience.
• On June V and 2"d attended EPI-Ready training in Jamaica Plain. The training focused
on how to efficiently and effectively respond to a foodborne illness outbreak by
understanding the roles and responsibilities of epidemiology, environmental health and
laboratory departments.
• On June 10`h attended DOT meeting at Salem Hospital North Shore Pulmonary Clinic.
Reviewed DOT cases with clinic nurses and local public health nurses.
Monthly Report of Communicable Diseases: May 2016
Disease New Carry Over Discharged/ Total#Of Running Total for Total for
Reported Closed Cases this Total for 2015 2014
Month 2016
Tuberculosis 0 2 0 2 3 4 5
(Active)
Latent 0 0 0 0 18 5 31
Tuberculosis*
Arbovirus* 0 0 0 0 0 0 0
Babesiosis 0 0 0 0 0 1 0
Calicivirus/No 0 0 0 0 0 1 1
rovirus
Campylobacte 0 2 2 2 6 11 10
riosis
Chikungunya 0 0 0 0 0 0 1
Dengue* 0 0 0 0 1 0 0
Ehrlichiosis 0 0 0 0 0 0 1
Enterovirus 0 0 0 0 0 1 0
Giardiasis 1 0 0 1 3 2 0
Group A 0 0 0 0 0 4 2
Streptococcus
Group B* 0 0 0 0 1 7 6
Streptococcus
Human 0 0 0 0 1 1 0
Granulocytic
Anaplasmosis
Haemophilus 0 0 0 0 0 1 0
fluenzae
Hansen's 0 0 0 0 0 0 0
Disease
epatitis B* 2 0 2 2 6 0 2
Hepatitis C* 3 0 3 3 25 29 37
Influenza* 0 0 0 0 16 29 27
Legionellosis 0 0 0 0 0 1 0
Lyme 2 0 2 2 12 2 7
Disease*
Malaria 0 0 0 0 0 0 1
Measles 1 0 1 1 1 0 0
Meningitis 0 0 0 0 0 0 2
Mumps 0 0 0 0 2 0 0
Pertussis 0 0 0 0 0 1 2
Salmonellosis 1 0 0 1 5 6 3
Shigatoxin 0 0 0 0 0 0 1
Producing
Organism
higellosis 0 1 1 1 1 0 4
Streptococcus 1 0 1 1 7 3 2
Pneumoniae*
Varicella* 0 0 0 0 1 0 3
Vibrio 0 0 0 0 0 0 0
West Nile 0 0 0 0 0 0 0
Yersoniosis 0 0 0 0 0 1 0
Zika Virus 1 0 0 1 0 0 0
Infection
Total 12 5 12 17 109 98 148
May 2016
*Notifications only, LBOH not required to follow up or investigate per DPH.
Summary of Current Communicable Diseases
Active Tuberculosis:
Case 1: Continuing to provide Directly Observed Therapy for case. Case's expected completion
of treatment is August 2016. No new updates.
f
Case 2: Continuing to provide Directly Observed Therapy for case. Case's expected completion
of treatment is August 2016. No new updates.
Case 3: The suspect Active TB case in April has been revoked. TB ruled out.
Case 4: One new case of Active Tuberculosis 6/1/16. Case discharged from hospital 6/3/16. DOT
started 6/6/16.
Campylobacter:
Case 1: Case reports travel to all-inclusive resort in Dominican Republic. Case does not suspect
food or beverage. Case suspects event which included hiking, swimming and in water with cattle
and cattle feces. Case denies work as foodhandler or worker in daycare setting. Case is linked to
case 3. No other contacts have reported illness. Case closed.
Case 2: Case reports travel to all-inclusive resort in Dominican Republic. Case does not suspect
food or beverage. Case suspects event which included hiking, swimming in water with cattle and
cattle feces. Case denies work as foodhandler or worker in daycare setting. Case linked to Case 2.
No other contacts have reported illness. Case closed.
Giardiasis:
New case. Follow up in process.
Salmonellosis:
Case does not work as foodhandler or in a daycare setting. Denies household contacts having similar
symptoms of illness. Onset of illness started while traveling in Dominican Republic. Case does not
suspect food.
Shigellosis:
Case denies work as foodhandler or as worker in daycare setting. Case investigation lost to follow up.
Measles:
This is a contact of a Measles case. This is not a confirmed case. The case reports previous vaccination.
Contacts report history of vaccination. Epidemiologist referred case to contact physician to check titers.
Zika Virus Infection:
Contact case meets criteria for testing. 15 cases of Zika Virus Infection previously listed as contact cases
have been revoked after lab tests.
Health Dept. Clerical Report FY 2016
Burial Permits Permits PlanReviews Certificate of Copies / Fines Revenue Permit Fees
$25 Fitness $50
July-14 $475.00 $2,210.00 $1,950.00 $4,635.00 Food Service Est. <25seats $140
August $700.00 $985.00 $1,500.00 $3,185.00 25-99 seats $280 >gg seats $420
September $1,475.00 $2,165.00 $4,300.00 $300.00 $8,240.00 Retail Food <l000sq' $70
October $725.00 $3,295.00 $1,400.00 $5,420.00 1000-10,000 $28o >1o,000 $420
November Temp Food 13days s3oo
$600.00 $2,384.14 $180.00 $1,400.00 $200.00 $4,764.14
December $1,375.00 $52,268.00 $2,600.00 $56,243.00 47days. >'7.days .$ '
January-15 Example of>7 day,temp food'permit. ..
$325.00 $10,780.00 $650.00 $11,755.00 1 (da s):dwided b 2 z$600.=$1200 .
February $750.00 $7,470.00 $2,500.00 $10,720.00 Frozen Desserts $2S
March $1,450.00 $890.00 $360.00 $1,550.00 $300.00 $4,550.00 Mobile Food $210
April $550.00 $1,000.00 $1,450.00 $3,000.00 PlanRevrews New $ 8o
Y J
May $625.00 $2,095.00 $540.00 $1,150.00 $4,410.00 Remodel sgo a»
June Catering $2S per eventls2oo
$0.00 catering kitchen
_ z ZAMA
-
rF 7RRW— Body Art Est. $31S
Total $9,050.00 $85,542.14 $1,080.00 $20,450.00 $800.00FN$116,922.14 Body Art Practitioner 13S
Review Plans $180
Fiscal Year Budget 2016 Suntan Est. $140
Rec.Day Camp $10
Salary Startinq Ending Expenses/Budget Ext.Paint Removal $35
Full Time $357,223.00 $36,462.42 Startinq Endinq Transport Off.Subst. sloS
Part Time $16,545.00 $10,542.25 $18,300.00 $1,423.90 Tobacco Vendors $135
Overtime $2,000.00 $0.00 Swimming Pools Seasonal sa40
Balance $375,768.00 $47,004.67 Health Clinic Revolving Account Annual$210 Nonprofit$40
$11,374.81 Title V Review $180
Well Application s18o
Disposal works $20
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4"'FLOOR %WlicHealth
TEL. (978) 741-1800 FAx(978) 745-0343 Prevent,Promote.Protect.
KIMBERLEY DRISCOLL Itamclin@salem.com
MAYOR L,1RRY RA.MDIN,RS/REHS,CI10,CP-F:
Hi AI.,'ni AGENT
May 13, 2016
Bunghole Liquors
204 Derby Street
Salem, MA 01970
Dear Owner:
On Wednesday April 20,2016 at 12:44pm personnel from the North Shore/Cape Ann Tobacco Alcohol Policy
Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product
to a minor. A 17-year-old female purchased a tobacco product from a clerk in your store. Documentation is
now on file at the Board of Health regarding that sale.
Bunghole Liquors is in violation of Regulation 24 of the City of Salem Board of Health restricting the sale and use
of tobacco products&nicotine delivery products. According to Section D.,tobacco and nicotine delivery product
sales to minors prohibited;the sale of cigarettes, chewing tobacco, snuff, or any tobacco/nicotine in any of its
forms to any person under the age of twenty-one shall be punished by a fine of($300.00 Hundred Dollar fine)for
the third offense.A 30-day suspension or revocation of your tobacco permit to be determined at the next
regularly scheduled Board of Health meeting held on June 14,2016 at 7pm.
S FOLLOWING THE THIRD 3RD
( )OFFENSE, THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR 30
DAY SUSPENSION OF THE PERMIT.
The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your
employees to demonstrate methods to ensure compliance with this regulation.
Therefore, you are ordered to pay a fine of$300.00 for the violations stated above. A check or money order
payable to the City of Salem must be at the Board of Health office, 120 Washington Street,4th floor,within
ten days of receipt of this notice.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A
request for such a hearing must be received in writing in this office of the Board of Health within seven(7)days of
receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and
documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an
attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or
investigation reports, orders, and other documentary information in the possession of this Board, and that any
adverse party has the right to be present at the hearing.
If you have any questions regarding this notification, please call me at 978-741-1800.
Sincerely yours,
Larry Ram in
Health Agent
LR/hlp
CERTIFIED MAIL: 7012 3050 0001 2959 6286
cc: North Shore/Cape Ann Tobacco Alcohol Policy Program
Shama Alam, Board of Health Chairperson and Members
Violation Notice 3�
City . own ( ...Board of Health k
%,blicHealth ®
Promote. Protect.
;Wevent.
Ny 0
This notice is to inform you that your establishment violated the Board of Health Sale of To � ��,gfl
` �yodtts
&Nicotine Delivery Products and/or Environmental Tobacco Smoke(ETS)Regulation.
Name of establi ent
1
'Add r ss
Dat viota t on Time of violation ' Minor's age/gender Minor's ID#
r
- '(Ordinance, ection, gulat't, .
}
(Act Constituting Violation) on
Neu
Narrative information:
Joonp � .
s .
I`affirm,under the pains d penaltie of perjury,that the above report is true to the best of my knowledge
� ''a belief.
- Inspector ignature) ,
' t (Print name) -
VENDOR STATEMENT.I acknowledge I received this Violation Notice on 20
i at AM/PM and I am being given a carbon copy of this notice.I also acknowledge that I
have been informed that the Peabody Board of Health will provide additional,follow-up information to
this violation notice.
KI lo
Owner anager/ erk(Signature) (Prin)name) r
If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be
• written on a note attached hereto.Mailing of this Notice is thus required.
Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions
Establishment-white NSTCP-yellow Board of Health-pink
0 0 0
Establishment Street NO. Street Name Style Date Completed Sale Made Fine Suspension
BUNGHOLE LIQUORS 204 DERBY ST Liquor Store 1/25/2014 Yes Yes 100
BUNGHOLE LIQUORS 204 DERBY ST Liquor Store 6/2/2015 Yes Yes 200 5 days
Motions for Suspension 9/8/15
D. Ledoux motioned that we rule on this today and we uphold the 7 day suspension and $200 violation for Bunghole Liquors
tobacco permit on September 20, 2015 to September 26, 2015. 2°d M. Danderson All in Favor
J. Greene motioned to amend to move the suspension dates another week out from September 27, 2015 to October 3, 2015.
P. Kirby 2°d Discussion All in favor
Article 28 Amend The Town of Marblehead
General Bylaws by adding a new Chapter 157 •
Environmental Hazards: Reduction of Waste,
Article I: Plastic Bag Reduction
To see if the Town will vote to approve an
Amendment to the Town of Marblehead General
Bylaws by adding a new CHAPTER 157 entitled,
Environmental Hazards: Reduction of Waste,
Article I: Plastic Bag Reduction, regarding the
prohibition of the distribution and use of thin-film,
single-use plastic carryout bags by retail
establishments in the Town of Marblehead as
follows:
Chapter 157: Environmental Hazards:
Reduction of Waste
Article 1 Plastic Bag Reduction
§157-1 Purpose
The production and use of thin-film, single-use
checkout bags have been shown to have significant
detrimental impacts on the environment, including,
but not limited to, contributing to the potential death
of marine animals through ingestion and
entanglement; contributing to pollution of the land
environment; creating a burden to solid waste
collection and recycling facilities; clogging storm
drainage systems; and requiring the use of millions
of barrels of crude oil nationally for their
manufacture. The purpose of this bylaw is to
eliminate the usage of thin-film, single-use plastic
bags by all retail establishments in the Town of
Marblehead thereby promoting the health and safety
of the citizens of the Town through the preservation
of the environment.
§157-2: Definitions
The following words shall, unless context clearly
indicates otherwise, have the following meanings:
"ASTM D6400", the American Society for Testing
and Materials (ASTM) International "Standard
Specification for Compostable Plastics" which
includes those plastics and products made from
plastics that are designed to be composted under
aerobic conditions in municipal and industrial
aerobic composting facilities.
"ASTM D7081", ASTM International "Standard
Specification for Biodegradable Plastics in the
Marine Environment" which includes those plastics
and products that are designed to be biodegradable
under the marine environmental conditions of
aerobic marine waters or anaerobic marine
sediments, or both.
"Carryout Bag" shall mean a bag provided by a
store to a customer at the point of sale for the
purpose of removing products purchased therein.
Carryout Bags shall not include those bags, whether
plastic or not, intended for the use by a customer for
placing loose produce or other bulk food items to
carry to the point of sale or checkout area of the
store.
"Compostable Plastic Bag" shall mean a plastic bag
that (1) conforms to the current ASTM D6400
specifications for compostability; (2) is certified and
labeled as meeting the ASTM D6400 standard
specifications by a recognized verification entity.
"Director", the Director of Public Health or his/her
designee.
"Marine Degradable Plastic Bag" shall mean a
plastic bag that conforms to the current ASTM
D7081 standard specification for marine
degradability.
"Retail establishment" shall mean any commercial
business facility that sells goods directly to the
consumer including but not limited to grocery
stores, pharmacies, liquor stores, "mini-marts," and
retail stores and vendors selling clothing, food and
personal items.
"Reusable Bag" shall mean a bag with handles that
is specifically designed for multiple reuse and is
either (1) made of cloth or other washable fabric; or
(2) made of durable plastic 3 mil in thickness; (3) or
of some other durable material; (4) does not contain
lead, cadmium, or any other heavy metal in toxic
amounts.
"Thin-Film, Single-Use Plastic Bags" shall mean
those bags typically with handles, constructed of
high-density polyethylene (HDPE), low density
polyethylene (LDPE), linear low density
polyethylene (LLDPE), polyvinyl chloride (PVC),
polyethylene terephthalate (PET), polypropylene
• (other than woven and non-woven polypropylene 0
fabric) if said film is less than 3.0 mils (.0762mm)
in thickness and which do not meet the ASTM •
D6400 and ASTM D7081 standard specifications.
§157-3 Thin-film, Single-Use Plastic Bags
Prohibited
A. No retail establishment in the Town of
Marblehead shall provide Thin-Film, Single-
Use Plastic Bags to customers.
B. If a retail establishment provides Carryout
Bags to customers, the bags must be one of
the following:
(1) Recyclable paper bag, or
(2) Reusable Carryout Bag, or
(3) Bag made from a polymer which meets
the specifications of ASTM D6400 and
ASTM 7081, as defined herein.
C. Exception: Thin-film plastic bags typically
without handles which are used to contain dry
cleaning, newspapers, produce, meat, bulk
foods, wet items and other similar merchandise
are not prohibited under this bylaw. •
§157-4 Enforcement; violations and penalties.
A. The Board of Health, the Director of Public
Health and persons designated by the
Director of Public Health shall have the
authority to administer and enforce this
bylaw.
B. Whoever violates any provision of this
bylaw may be penalized by a non-criminal
disposition process as provided in G.L. c.
40, §21 D.
C. For the first violation, the Director of Public
Health or its designee, upon determination
that a violation has occurred, shall issue a
written warning notice to the establishment
which will specify the violation and the
appropriate penalties in the event of future
violations.
D. The following penalties shall apply
a. A fine of $25 for the first violation
• following the issuance of a written
warning notice.
b. A fine of$50 for the second and any
other violation that occurs after the
issuance of a warning notice.
E. Fines are cumulative and each day or
portion thereof shall constitute a separate
offense. If more than one, each condition
violated shall constitute a separate offense.
F. Whoever violates any provision of this
bylaw may be penalized by indictment or on
complaint brought in the district court.
Except as may be otherwise provided by law
and as the district court may see fit to
impose, the maximum penalty for each
offense shall be three hundred dollars
($300.00).
§157-5 Severability; effective date.
A. Each section of this bylaw shall be
construed as separate to the end that if any
• section, sentence, clause or phrase thereof
shall be held invalid for any reason, the
remainder of that bylaw and all other bylaws
shall continue in full force.
B. This bylaw shall take effect twelve (12)
months following the effective date of the
bylaw to allow time for retail establishments
to use their existing inventory of plastic
checkout bags and to convert to alternative
packaging materials.
§157-6 Regulations
The Board of Health may adopt and periodically
amend rules and regulations to effectuate the
purposes of this by-law. Prior to the adoption and
subsequent amendment to the rules and regulations,
if any, the Board of Health shall hold a public
hearing. Notice of the time and place of the hearing,
and of the subject matter, sufficient for
identification, shall be published in a newspaper of
general circulation in the Town once in each of two
• successive weeks, the first publication to be not less
than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at •
the Office of the Town Clerk and as otherwise
deemed appropriate by the Board of Health. Failure
by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending
or invalidating this by-law. Or take any other action
relative thereto. Sponsored by the Board of Health.
�I
i
Article 29 Amend the Town of Marblehead
General Bylaws by adding a new Chapter 157 —
entitled, Environmental Hazards: Reduction of
Waste, Article II, Expanded Polystyrene Food
and Beverage Containers Prohibited
To see if the Town will vote to approve an
amendment to the Town of Marblehead General
Bylaws by adding a new Chapter 157:
Environmental Hazards: Reduction of Waste,
Article II, Expanded Polystyrene Food and
Beverage Containers Prohibited, regarding the
prohibition of the distribution and use of expanded
polystyrene food and beverage containers by food
establishments in the Town of Marblehead as
follows:
Chapter 157: Environmental Hazards:
Reduction of Waste
Article II: Expanded Polystyrene Food and
Beverage Containers Prohibited
§157- 7 Findings and Purpose
Expanded polystyrene food containers form a
significant portion of the solid waste stream going
into our landfills. Local landfills are running out of
room; our future solid waste may need to be
transported hundreds of miles to a landfill at a
considerable cost. Expanded polystyrene are not
biodegradable; once buried in a landfill, they will
remain for centuries. The elimination of expanded
polystyrene food and beverage containers is in the
best interest of the health and welfare of the
inhabitants of the Town of Marblehead.
§ 157-8 Definitions
As used in this article, the following terms shall
have the meanings indicated:
"Disposable Food Service Container" shall mean
single-use disposable products for serving or
transporting prepared, ready-to-consume food or
beverages, including, without limitation, take-out
foods and/or leftovers from partially consumed
meals prepared by a restaurant and/or retail food
establishment. This includes, but is not limited to,
plates, cups, bowls, trays, hinged or lidded
containers, straws, cup lids, or utensils. It shall not
include single-use disposable packaging for
unprepared foods.
"Expanded Polystyrene" shall mean blown
polystyrene (polystyrene that has been expanded or •
blown using a gaseous blowing agent into a solid
foam) and expanded and extruded forms, which are
thermoplastic petrochemical materials utilizing a
styrene monomer and processed by any number of
techniques including, but not limited to, fusion of
polymer spheres (expandable bead polystyrene),
injection molding, form molding, and extrusion-
blow molding (extruded foam polystyrene),
sometimes called Styrofoam, a Dow Chemical Co.
trademarked form of polystyrene foam.
"Prepared Food" shall mean any food or beverage
prepared on the restaurant and/or retail food
establishment's premises using any cooking or food
preparation technique. Prepared food shall not
include any raw uncooked meat, fish or eggs unless
provided for consumption without further food
preparation. Prepared food may be eaten on or off
the food establishment's premises. "Restaurant"
shall mean any establishment which serves food for
consumption whether on or off the premises and
which may also maintain tables for the use of its
customers.
"Retail Food Establishment" shall mean any
establishment which sells food for consumption off
the premises, including but not limited to grocery
stores, theaters and all other food service
establishments not included in the definition of a
"Restaurant" in this section.
§157-9 Prohibition:
Expanded Polystyrene food or beverage containers
shall not be used to package or serve food or
beverages by Restaurants and or/Retail Food
Establishments within the Town of Marblehead.
This bylaw shall not apply to the packaging of
uncooked meat, uncooked poultry, and/or uncooked
fish.
§157- 10 List of available alternatives.
Not later than sixty (60) days following approval
hereof by the Attorney General, the Board of Health
shall adopt a list of available suitable affordable
biodegradable/compostable or recyclable
alternatives for each product type, which the Board
of Health shall be updated regularly.
§157-11 Enforcement; violations and penalties.
A. The Board of Health, the Director of Public
Health and persons designated by the Director
of Public Health shall have the authority to
administer and enforce this bylaw.
B. Whoever violates any provision of this bylaw
may be penalized by a non-criminal disposition
process as provided in G.L. c. 40, §21D.
C. For the first violation, the Director of Public
Health or its designee, upon determination that a
violation has occurred, shall issue a written
warning notice to the establishment which will
specify the violation and the appropriate
penalties in the event of future violations.
i
D. Thereafter, the following penalties shall
apply
a. A fine of $25 for the first violation
following the issuance of a written
. warning notice.
b. A fine of$50 for the second and any
other violation that occurs after the
issuance of a warning notice.
E. Fines are cumulative and each day or portion
thereof shall constitute a separate offense. If
more than one, each condition violated shall
constitute a separate offense.
F. Whoever violates any provision of this bylaw
may be penalized by indictment or on complaint
brought in the district court. Except as may be
otherwise provided by law and as the district
court may see fit to impose, the maximum
penalty for each offense shall be three hundred
dollars ($300.00).
§157-12 Severability; effective date.
A. Each section of this bylaw shall be construed as
separate to the end that if any section, sentence,
clause or phrase thereof shall be held invalid for any
reason, the remainder of that bylaw and all other
bylaws shall continue in full force.
1
B. This bylaw shall take effect twelve (12) months
following the effective date of the bylaw to allow •
time for Restaurants and Retail Food
Establishments to use their existing inventory of
Expanded Polystyrene food or beverage containers
and to convert to alternative materials.
§157-13 Regulations
The Board of Health may adopt and periodically
amend rules and regulations to effectuate the
purposes of this by-law. Prior to the adoption and
subsequent amendment to the rules and regulations,
if any, the Board of Health shall hold a public
hearing. Notice of the time and place of the hearing,
and of the subject matter, sufficient for
identification, shall be published in a newspaper of
general circulation in the Town once in each of two
successive weeks, the first publication to be not less
than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at
the Office of the Town Clerk and as otherwise
deemed appropriate by the Board of Health. Failure
by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending
or invalidating this by-law.
Or take any other action relative thereto. Sponsored
by the Board of Health
0 .
alternatives for each product type, which the Board
of Health shall be updated regularly.
§157-11 Enforcement; violations and penalties.
A. The Board of Health, the Director of Public
Health and persons designated by the Director
of Public Health shall have the authority to
administer and enforce this bylaw.
B. Whoever violates any provision of this bylaw
may be penalized by a non-criminal disposition
process as provided in G.L. c. 40, §21D.
C. For the first violation, the Director of Public
Health or its designee, upon determination that a
violation has occurred, shall issue a written
warning notice to the establishment which will
specify the violation and the appropriate
penalties in the event of future violations.
D. Thereafter, the following penalties shall
apply
a. A fine of $25 for the first violation
following the issuance of a written
warning notice.
b. A fine of$50 for the second and any
other violation that occurs after the
issuance of a warning notice.
E. Fines are cumulative and each day or portion
thereof shall constitute a separate offense. If
more than one, each condition violated shall
constitute a separate offense.
F. Whoever violates any provision of this bylaw
may be penalized by indictment or on complaint
brought in the district court. Except as may be
otherwise provided by law and as the district
court may see fit to impose, the maximum
penalty for each offense shall be three hundred
dollars ($300.00).
§157-12 Severability; effective date.
A. Each section of this bylaw shall be construed as
separate to the end that if any section, sentence,
clause or phrase thereof shall be held invalid for any
reason, the remainder of that bylaw and all other
bylaws shall continue in full force. •
r
B. This bylaw shall take effect twelve (12) months •
following the effective date of the bylaw to allow
time for Restaurants and Retail Food
Establishments to use their existing inventory of
Expanded Polystyrene food or beverage containers
and to convert to alternative materials.
§157-13 Regulations
The Board of Health may adopt and periodically
amend rules and regulations to effectuate the
purposes of this by-law. Prior to the adoption and
subsequent amendment to the rules and regulations,
if any, the Board of Health shall hold a public
hearing. Notice of the time and place of the hearing,
and of the subject matter, sufficient for
identification, shall be published in a newspaper of
general circulation in the Town once in each of two
successive weeks, the first publication to be not less
than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at
the Office of the Town Clerk and as otherwise
deemed appropriate by the Board of Health. Failure
by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending •
or invalidating this by-law.
Or take any other action relative thereto. Sponsored
by the Board of Health
No If Ands or Bags Ordinance
SECTION 1
The production and use of thin-film single-use plastic checkout bags have significant impacts on
the environment, including, but not limited to: contributing to the potential death of marine
animals through ingestion and entanglement;contributing to pollution of the land environment;
creating a burden to solid waste collection and recycling facilities; clogging storm drainage
systems; and requiring the use of millions of barrels of crude oil nationally for their manufacture.
The purpose of this bylaw is to eliminate the use of single-use plastic bags within retail stores in
Salem.
WHEREAS the distribution of single-use plastic bags within Salem has begun to negatively
impact the marine and urban environments by
• Ingestion and Entanglement of bags by marine wildlife
• Producing toxins in the water that will eventually travel up the food chain to humans
• Having detrimental effects on the aesthetics of Salem
• Micro plastics, due to the photodegradation of plastic bags,remain in the ocean for an
elongated period of time
• I
WHEREAS the convenience of driving are the d
bags
plastic a s force behind consumers need for
p g
them. There are many alternatives to single-use plastic bags including
• Reusable cloth bags
• Boxes
• Paper bags
• Backpacks
WHEREAS the plastic bags are constantly clogging the city recycling machines, forcing the
machine to temporarily shut down before it is used again
WHEREAS the production of plastic bags contributes to the exponential use of petroleum,
ultimately contributing to the lack of petroleum in the future
• SECTION 2
The following words shall,unless the context clearly requires otherwise, have the following
meanings:
• "Retail Establishment",any retail space located in the Town including without
limitation a restaurant, food or ice cream truck,convenience store,retail pharmacy, or
supermarket; however,this does not include bazaars operated by nonprofit organizations
or institutions.
• "Thin-film single-use plastic bags",Usually with plastic handles,these are bags with a
thickness of 2.5 mils or less and are intended for single-use transport of purchased
products(constructed of high-density polyethylene (HDPE), low-density polyethylene
(LDPE), linear low-density polyethylene (LLDPE),polyvinyl chloride (PVC),
polyethylene terephthalate (PET),polypropylene (other than woven and nonwoven
polypropylene fabric)).
• "Checkout bag",A carryout bag provided by a store to a customer at the point of sale.
Checkout bags shall not include bags in which loose produce or products are placed by
the consumer to deliver such items to the point of sale or checkout area of the store.
• • "Reusable checkout bag", a sewn bag with stitched handles that(l) can carry 25 pounds
over a distance of 300 feet; (2) is either(a)made of cloth or other machine washable
fabric; or (b)made of plastic other than polyethylene or polyvinyl chloride that is
durable, non-toxic, and generally considered a food-grade material that is more than 4
mils thick.
• "Grocery Store",A retail establishment where more than fifty percent(50%) of the
gross floor area is devoted to the sale of food products for home preparation and
consumption,which typically also offers home care and personal care products.
• "Retail Store", any retail space located in the Town including without limitation a
restaurant, food or ice cream truck, convenience store,retail pharmacy, or supermarket.
• "Director"the Director of Public Health Services or his/her designee.
• "ASTM D6400",the American Society for Testing and Materials (ASTM)International
"Standard Specification for Compostable Plastics".
• "ASTM D7081",ASTM International "Standard Specification for Biodegradable
Plastics in the Marine Environment"
• "Compostable plastic bag", a plastic bag that(1.) conforms to the current ASTM D6400
for com ostabili 2 is certified and labeled as meeting the ASTM D6400 standard
p ty ( ) g
specification by a recognized verification entity; and (3) conforms to any other standards
deemed acceptable by this section.
•
i
• "Marine degradable plastic bag", a plastic bag that conforms to the current ASTM
D7081 standard specification for marine degradability; and conforms to any other
standards deemed acceptable by the Director, provided additional, Director-approved
standards are as stringent as ASTM D7081.
• "Recyclable Paper Bag",means a paper bag that is (1) 100 percent recyclable; (2)
contains at least 40%post-consumer recycled paper content; and, (3) displays the words
"made from 40%post-consumer recycled content" in a visible manner on the outside of
the bag.
SECTION 3
Each Retail Establishment shall comply with this by-law.
(1) If it is determined that a violation has occurred the Director shall issue a warning notice
to the Retail Establishment for the initial violation.
(2) If an additional violation of this by-law has occurred within one year after a warning
notice has been issued for an initial violation,the Director shall issue a notice of violation
and shall impose a penalty against the retail establishment.
(3) The penalty for each violation that occurs after the issuance of the warning notice shall be
no more than:
A) $50 for the first offense
B) $100 for the second offense and all subsequent offenses. Payment of such fines
may be enforced through civil action in the state District Court.
(4)No more than one (1)penalty shall be imposed upon a Retail Establishment within a
seven(7) calendar day period.
(5)A Retail Establishment shall have fifteen (15)calendar days after the date that a notice of
violation is issued to pay the penalty.
SECTION 4
All of the requirements set forth in this by-law shall take effect within six months of passage. In
the event that compliance with the effective date of this by-law is not feasible for a small
(non-large) retail establishment, because of economic hardship,the Director may grant a waiver
of not more than six months upon application of the owner or the owner's representative.
SECTION 5
It is the intention of the City Council that each separate provision of this chapter shall be deemed
independent of all other provisions herein, and it is further the intention of the City Council that
if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the
remaining provisions of this chapter shall remain valid and enforceable.
•
•
13 June,2016
Mayor Kim Driscoll
Salem City Hall
93 Washington Street
Salem, MA 01970-3592
Dear Mayor Driscoll,
It has been a pleasure to serve on the Board of Health for the past 3 years. It is with heartfelt
regret that I tender my resignation at the end of my current term,as I have recently assumed
additional responsibilities at Lantheus Medical Imaging in the role of Director,Pharmacovigilance,
and also will be focusing on personal goals.
I value the experiences I have had on the Board,and am proud to have been part of progressive
forward movement which I am sure will continue as the Board continues to evolve. The
commitment,collaboration,and dedication of Board members has led to many positive changes
and decisions. I am humbled and grateful for the support the Board has received from the City and
public.
Thank you for the opportunity to take an active volunteer role in the City of Salem. Please do feel
free to contact me if I can be of assistance or if you have questions.
I will continue on the Board for 4 months,or until a new member is appointed,and will facilitate
the transition after a new Chairperson is elected.
Sincerely,
Shama Alam, MD
Cc: Dominick Pangallo