HomeMy WebLinkAbout2014 Jun 13 - Letter to Tobacco Retailer; Section of Tobacco Regulations Y
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B O A R D O F H E A L T H
June 13, 2014
Deaz Tobacco Retailer:
On June 2, 2014 after holding 2 public hearings, the Yazmouth Boazd of Health voted to amend their tobacco
regulations effective July 1, 2014. The regulation, a copy of which is enclosed, includes the following
provisions:
1. It includes a11 nicotine delivery products, including electronic cigazettes and liquid nicotine ("e-juice"or
"e-liquid") as tobacco products.
2. It increases the minimum legal sales age for all tobacco products, including electronic cigazettes and
liquid nicotine to 21.
3. It regulates nicofine delivery products, including electronic cigazettes exactly the same as other tobacco
products.
4. It bans the sale of all flavored tobacco products, including flavored electronic cigarettes and flavored
nicotine liquid.
• 5. It requires that a11 cigars be sold in original packages of 2 or more and that the packages be sold at a cost
of$5 or more. Single cigars that cost$2.50 or more aze not covered by this regulation.
6. It requires that signs be posted about the increase in the minimum legal sales age and about quitting
smoking. These signs will be provided to you by the Boazd of Health.
7. It bans the sale of all blunt wraps.
8. It bans the sale of all tobacco products, including electronic cigazettes in health care institutions,
including pharmacies.
9. It bans the use of electronic cigazettes wherever smoking is prohibited.
10. It bans smoking bazs (cigaz bars and hookah bazs).
11. It bans the sale of all tobacco products, including electronic cigarettes in educational institutions.
It is the responsibility of the retailer to ensure compliance with these regulations. Penalties for violations aze as
follows:
1. First violation - $100 fine
2. Second violation within 24 months of current violation - $200 fine and Tobacco Products Sales Permit
shall be suspended for 7 consecutive days
3. Third violation within a 24 month period - $300 fine and pemut shall be suspended for 30 consecutive
days
4. For further violations or repeated violations within a 24 month period, the Boazd of Health may revoke a
Tobacco Product Sa1es Pernut.
An agent of the Boazd of Health will be visiting your stare before Jiily 1, 2014 and will have signage and will
be available to answer any questions you might have. You may also call the Boazd of Health at (508) 398-2231
X1241 or the Cape Cod Regional Tobacco Control Collaborative at(509) 375-6621 with questions.
S' rely, ��Q
�
ruce G. Mucphy,
Health D'uector
BGM/maz Cc: File
apply, within sixty(60) days of such sa1e, for the pecmit held by the Seller if the Buyer intends to
sell tobacco products.
F. Ciear Sales Reaulated:
1. No person shall sell or distribute or cause to be sold or distributed a single cigaz.
2. No person shall sell or distribute or cause to be sold or dishibuted any original package af two
or more cigars, unless such package is priced for retail sale at $5.00 or more.
3. This Section shall not apply to:
a. The sale or distribution of any single cigaz having a retail price of two dollazs and fifty
cents ($2.50) or more.
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 commercial purposes with the intent to sell or distribute outside the boundaries
of Yazmouth.
4. The Yazmouth Board of Health may adjust from time to time the amounts specified in this
Section to reflect changes in the applicable Consumer Price Index by amendment of this
regulation.
G. Sale of Flavored Tobacco Products Prolubited:
No person shall sell or distribute or cause to be sold or distributed any flavored tobacco product
at retail.
H. Use of Tobacco Products Prohibited:
a. It shall be the responsibility of the employer to provide a smoke free environment for all
employees working in an enclosed workplace, including all public places as defined in
M.G.L. ch. 270, §22 (commonly known as the"Smoke-free Workplace Law. Smoking is
hereby prohibited in Yarmouth in accordance with the Smoke-free Workplace Law.
b. Pursuant to M.G. L. Ch. 270, §22(j) smoking is also prohibited in smoking bazs.
c. The use of electronic cigarettes, cigars, pipes, hookah and other similaz products,
regazdless of nicotine content, that rely on vaporization or aerosolization is prohibited
wherever smoking is prohibited pursuant to the Smoke-free Workplace Law and Section
H of this regulation.
I. Prolubition of the Sale of Blunt Wraps:
No person or entity shall sell or distribute blunt wraps in Yazmouth.
J. Free DistribaHon and Couaon Redemption:
No person shall distribute, or cause to be distributed, any free samples of tobacco products as
defined herein. No means, instruments or devices that allow for the redemption of all tobacco
products or nicotine delivery products for free or cigazettes at a price below the minunum retail
price determined by the Massachusetts Department of Revenue shall be accepted by any peimit
holder.