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Home My WebLink About2015 Sep 30 - Letter from MHOA Tobacco Control Director Re: ViolationMHOAMassachusetts Health Officers Association Public Health Leaders, Advocates, Educators September 30, 2015 Yarmouth Board of Health 1146 Route 28 Yarmouth, MA 02664 Dear Yarmouth Board of Health, President Frank P. Giacalone, RS Saugus Vice President Derek P. Fullerton, IRS, CHO Middleton Comptroller Steven Baccari, IRS, CHO Westborough Secretary Samuel S. Wong, PhD, REHS Hudson The Massachusetts Tobacco Cessation and Prevention Program (MTCP) recently conducted a tobacco retail inspection/compliance check in Yarmouth as part of the Food & Drug Administration (FDA) contract with Massachusetts. After the retail inspection/compliance check was completed in your community, MTCP submitted the results to the FDA. The FDA has determined that the following vendors have had violations of the Family Smoking Prevention and Tobacco Control Act: PETERSON MARKET 918-ROUTE 6A These vendors have received warning letters from the FDA for these violations. The inspection results are posted on the FDA website: http://www.fda.gov/ICECl/EnforcementActionsANarnin-Letters/Tobacco/default. htm This letter is simply to inform you of the violation. No action on your part is necessary. If you have questions, please contact me at 413-636-6418 or at sarahmccolgan23(@gmail.com. Yours Truly, Sarah McColgan Tobacco Control Director Cc: Bon Collette: Barnstable Tobacco Collaborative am www.mhoa.com Renaud, Philip From: Bob Collett <bcollett@barnstablecounty.org> Sent: Thursday, October 01, 2015 9:49 AM To: Murphy, Bruce; Renaud, Philip Subject: FDA Violation Enforcement Hi Bruce- Got your message about the FDA violation... On this Because the person doing the compliance check is not approved and/or deputized to be an enforcement agent for the town of Yarmouth, that compliance check is separately done and not enforceable by Yarmouth. The FDA and some towns in Massachusetts have paired up to do a pilot program where that FDA compliance check agent is deputized but there are a lot of "t's to be crossed and is to be dotted", especially on the federal side, to have this happen smoothly and those in the pilot program are in the midst of figuring that out. Separate from the pilot project, one big issue is that without the compliance agent being both a federal and local enforcement agent, the feds take forever getting the information to cities and towns on retailers caught in their checks making it really difficult to enforce locally on a check that happened several weeks, or months, ago. When the kinks get worked out, we surely will let local tobacco control programs and boards of health that a solid plan is in place for any town to enforce locally on FDA checks. In the meantime, the board can request that those caught in an FDA check to come before the board, explain what happened and talk about what remediation they have undergone to make sure it doesn't happen again. For now, this is the best that you can do ... There are efforts underway to enable local municipalities to actually enforce these, but it will certainly be a while before that happens. Thanks, 1:3.7ol Compliance Check Inspections of Tobacco Product Retailers (through 08/31/2015) Page 1 of 2 FDA._Hnme3 Tnb4ccn,_Prnducts4 3nfc�rmation. about._CctEnpiiarlce_C...heck_insP..ectigns5 Compliance Check Inspections o- Search Inspection Decisions Retailer Name: City: Yarmouth State: Zip: AIL ...... .. Decision T r e• All Decision Date: To mrn/dd/yyyy mm{dd/yyyy Minor Sale to Involved: Minor: Search §_Export Data to Excel by Fiscal 0 Information displayed on the map is provided `as -is' and FDA explicitly disclaims any representations and warranties as to the accuracy, timeliness, or completeness of map data. 152 Results Returned Click on Column Header to Change Sort Order Retailer Name Street Address City PETERSON MARKET 918 ROUTE 6A YARMOUTH SPEEDWAY 1353 RT 28 MOBIL ...... ........................ 511 STATION AV SHELL 446 STATION AVE QUICK MART 182B OLD _.........__.................. -........... .....:..........._.._ TOWNHOUSE RD ---- ...................... ............... TOWNHOUSE NEWS ! 182 OLD .......................................................... -............ .... TOWNHOUSE RD :........ ............................................ ............. YARMOUTH WINE 484D STATION AV AND SPIRITS ............ .................. :......... .._......................................... .......... YARMOUTH YARMOUTH YARMOUTH ......................... YARMOUTH Reset Map and Clear Form Enlarge Map 15 Export Results to Excel 60 Print Friendly ' Help State Zip Decision Type Minor Sale to Decision Date Involved Minor MA 02675 ........ .. _ Warning Letter not yet _ __. Yes __., Yes _..... ....u_ 08127/2015 available r MA __.... 02664 ... No Violations Observed Yes _ ............ No 08/14/2015 MA 02664 No Violations Observed Yes No 08/1412015 0 MA 02664 ...................... .... No Violations Observed ....... .... ......... !Yes No 08/13/2015 ........ MA 02664 No Violations Observed Yes No 08/13/2015 YARMOUTH MA 02673 No Violations Observed !Yes No YARMOUTH MA 02664 No Violations Observed Yes No STOP AND SHOP 484A STATION AV ................ .. YARMOUTH MA 02664 No Violations Observed `` Yes No .. ......._..... .... , ....... ......... ............ YARMOUTH PORT .......... 330 MAIN ST RT 6A YARMOUTH MA 02675 No Violations Observed Yes No VILLAGE STORE .... ...... .............. ......... ......... ................................................... NORTH YARMOUTH _........ ............... 2 WALNUT HILL _...........- NORTH ME 04097 No Violations Observed ,Yes No VARIETY COMMONS .YARMOUTH 0811312015 ............................... _.... 08/13/2015 ...................:................ . 08/13/2015 ........ ......... 08/13/2015 ................... 06/11/2015 Due to varying contract and implementation requirements, states started inspections at different times throughout the following fiscal year after their contract was awarded(http://tvww.fda.govITobaccoProductsIResourcesforYoulucrr,2 6914,htrr6). Therefore the states awarded contracts in FY1 Q started during various quarters throughout FY11. The same is true for any newly awarded contracts in each fiscal year. Inspections are also ongoing in other states and territories. The number of inspections involving a minor that a state or territory completed varies based on a variety of factors such as: the state or territory's specific contract terms; the date FDA awarded the state or territory agency's contract and the timing for hiring, commissioning, and training of personnel, Due to these variations, violation data cannot be readily compared across states, nor compared with violation data http://www.accessdata.fda.gov/scripts/oce/inspections/oce_insp_searching.cfm 10/1/2015