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HomeMy WebLinkAboutBOH PACKET 01_05_2026c., VARI{OUTH -IOIIN CLERK RE DEC 30'25 p{2 8o.d ot Ho.tth Hittard Boskey, M.D Mary Craig Chartes T. Holway Laurance Venezia DVM Erh Weston A$lstant Heatth Dirsctor Barry Lewis Town of Y.rmouih Board of Heatltr 1'146 Route 28, South Yarmouth, MA 02664 (508)S2231 BOARD OF HEALTH MEETING AGENDA J8nuary 5, 2026 at 5:OO PM 2As meotingwitt be conducted in p€rson at th6 date. trme and tocation idenlafied rbove. This msans that 6t lsast a quorum of the mombers of the publrc body will Sttend the meeting in p€rson and memb€rs o, the public are w€lcome to 6hend rn person 8s wstl. As s counesy only, accsss to the me€ting rs also b€ing provided via ramote moans in accordaoce with applicabte taw. Please note thatwhite an option tor remote atteodance and/or p€rticipation is b€rngprovrded as a cou(esy to ths public, the meeting/hgaong will not b€ susp€nded or teminated if technologicat probt€ms intenupt the vtnuat brogdcast or arrecl rcmots attendance oa ponacipation, untess otierwise required by Law- M€mbsrs ol th€ public with panicular interest in any specrtic item on thas aSends, which jnc{udes an appticsnt ond its r€prcsontatives, shou{d make ptans foa In-pslson vs. virtual anendanc6 accoadjrEty. M6mb€rs of tho publicwho wlsh to att€nd tha meoting maydo so in rhe rollowing manner: Pltoi.: I -253-215-8742 or 1 -312-626.6799 and enle, rhe 'neetlng lO 1871 152c 3955 r To .€qu€st to sp€ak: Press '9 ond wait to be reaognized- ,iom W€blnrr: ,oin the mesting hosted in Zoom by uSiog tho tot{orviIlg lank: l,rtl'ir'luio?v;!b.rocm r\/t/8?t 1s?ilii955 Ihg moeting wU be broadcagt live, in r€al tms, vis a liva strsam or Yarmouth's YouTub€ Chanrol localed ot tho tollolrving link: nrlpsr,'/vfl,,!.,'.icrrlut)c.cosrclsrlr.illilllQ I Qi li.'nl1{W5l.1z2PnWK 1rA, It is recommended that phon€ psrticipsnlt 8ccoss malari&ls in advance of the mesting. PlBaso note that for any h6m tist€d botow th3 Board of lteghh may take oficiat action inctuding votes. 1. Cett to order 2. Declaration of a Quorum3. Pubtic Comment Thd open meeting law discoutogss public badi$ from discussing topica not listed on the agenda. fhe pubttc should the!€fore not e\pect tha 8oa'd lo rcspod to questiors orsaatoments macte du ng the Public Comment poftion of the meeting. 4. Kratom - Discussion 5. Nicotine Free Generation - Discussion 6. Review & Approve Minutes a. Decemb€r 15,2025 7. NeMOtd Business 8. Adiournment Y4 Town of Yarmouth Board of Health Regulation Prohibiting the Manufacturing, Sale, and Distribution of Synthetic and Naturally Derived Kratom Unregulated Novel Intoxicating Products A, Authority: This regulation is promulgated under the authority granted to local Boards of Health by Massachusetts General Laws, Chapter 1 1 l, Sections 31 utd 122, which authorize Bomds of Health to adopt reasonable health regulations and take action to protect the public from sources of disease and health risks. B. Statement of Purpose: The Yarmouth Board of Health recognizes that the sale and distribution ofnatural and synthetic unregulated psychoactive substances including but not limited to synthetically altered kratom products pose an emerging tkeat to public health, particularly among youth and wlnerable populations. These substances are often: manufactured without oversight, sold without proper labeling, dosage guidelines, or ingredient transparency, associated with unpredictable or harmful health effects, readily available in convenience stores, vape shops, and online with no safeguards. C. Definitions: For the purposes of this regulation, the following definitions shall apply Board of Health: The Yarmouth Board of Health and its designated Board of Health Agents. Board of Health Aeent: Any person designated by the Yarmouth Board of Health or the Yarmouth Health Depaxtment to carry out and enforce the provisions of this regulation. A Board of Health Agent shall have all powers assigned under Massachusetts General Laws, including inspection authority, issuance oforders, and initiation of enforcement actions. Kratom: Any part of the plant Mitrag)na speciosa Natural Raw Kratom: Any unadulterated form of the plart Mitragyna speciosa, including its leaves (whole, crushed, or powdered), stems, or other plant parts, that have not been chemically altered, synthesized, or had their alkaloid concentrations artificially increased or mixed with any other ingredients. Novel Intoxicatine Products (NIPs): New or emerging substances sold for intoxication that are I not well regulated. t Syntheticallv Derived Kratom: Any kratom product that has been altered fiom its natural plant form through chemical synthesis or the use of synthetic alkaloid analogs or concentrates beyond what occurs naturally in the plant. Permit Holder: Any person or entity that holds a permit with the Town of Yarmouth Health Department. Person: Any individual, firm, partnership, association, corporation, company, or organization of any kind, including, but not limited to an owner, operator, manager, proprietor, or person in charge ofany establishment, business, cultivation property, or retail store. Retail Establishment: Any store, kiosk, gas station, vape shop, convenience store, smoke shop, or other physical location engaged in the sale of consumer goods. Unrequlated Novel Intoxicatine Products: Any substance, compound, or mixture, whether natural, synthetic, or semi-synthetic, that is intended for human consumption or ingestion, inhalation, absorption, or any other method of introduction into the human body, that: 1. Has psychoactive, intoxicating, or mood-altering effects; 2. Is not approved by the U.S. Food and Drug Administration for such use; and 3. Is not otherwise regulated or scheduled under Massachusetts or federal law. D. Prohibition: No person, business, or other entity shall sell, offer for sale, distribute, or otherwise provide for human consumption any of the following within the Town of Yarmouth: I. Natural or Synthetic Kratom -Any kratom products that contain natural kratom, synthetic, or serni-synthetic alkaloids, chemical analogs, or derivates naturally or not naturally occurring in the kratom planl (Mitragyna speciosa). IL Unregulated Novel Intoxicating Products -As defined in section "Definitions", any nafural, synthetic, or semi-synthetic substance, compound, or mixture with psychoactive, intoxicating, or mood-altering effects, not approved by the U.S. Food and Drug Administration, and not otherwise regulated or scheduled under Massachusetts or federal law. E. Enforcement and Penalties: 1. Any person or entity charged with violating this regulation shall receive a notice of violation from the Yarmouth Board of Health or its designated agent. 2. It shall be the responsibility ofthe establishment owner and/or the manager or business agent to ensure compliance with this regulation. In the case of a violation, the violator shall receive: 2 lll. In the case ofa first violation, a fine ofone thousand dollars ($1,000.00); In the case of a second violation within thirty-six (36) months ofa previous violation, a fine ofone thousand dolla$ ($1,000.00), and a suspension ofany permit issued by the Board, including but not limited to a permit to sell tobacco products, for seven (7) consecutive business days; or not limited; In the case ofthree (3) or more violations within a thirty-six (36) month period, a fine ofone thousand dollars ($1,000.00), and a suspension ofany permit issued by the Board including but not limited to a permit to sell tobacco products, for thirty (30) consecutive business days. 3. Every day that a violation exists shall be deemed to be a separate offense. Separate but simultaneous violations shall be treated as separate violations. Multiple permit suspensions may not be served concurrently. 4. Any person who receives notice ofa violation ofthis regulation may request a hearing before the Board of Health. The request must be made in writing and filed within seven (7) days of the date the violation was received. 5. The authority to inspect establishments for compliance and to enforce this regulation shall be held by the Yarmouth Board of Health and its desigrees and the Yarmouth Police Department. 6. Any person may register a complaint pursuant to this regulation to initiate an investigation and enforcement with the Yarmouth Board of Health and its designees. 7. Upon accrual of four (4) violations of this regulation within a thirty-six (36) month period, or upon the commission of two (2) or more egregious violations of this regulation with thirty- six (36) months as determined by the Board, the Board may issue a notice of intent to revoke and shall hold a hearing in accordance with this regulation and, after such hearing, may permanently revoke any permits held by the violator, including any permits to sell tobacco products in Yarmouth. 8. Before suspending or revoking any permit issued by the Board, including a permit to sell tobacco products, the Board shall provide notice ofthe intent to suspend or revoke such permit, which notice shall contain the reasons therefor and shall establish a time and date for a hearing, to be held no earlier than seven (7) days from the date of the notice. The permit holder or their designee shall have the opportunity to be heard and shall be notified of the Board's decision and the reasons therefore in writing. Ifafter hearing, the Board funds that violation of this regulation occurred, the Board shall suspend or revoke the subject permit. For purposes ofsuch suspensions or revocations, the Board shall make the determination i. 11. notwithstanding any separate criminal or non-criminal proceedings conceming the same offense. Upon suspension or revocation ofa permit, a1l permitted products must be removed {iom the retail establishment. Failure to remove such products shall constitute a separate violation of this regulation. 9. Failure to comply with the terms of a permit suspension imposed pursuant to this regulation may subject the permit holder to an additional suspension ofall Board-issued permits for thirty (30) consecutive business days. F. Severability: Ifany provision of this regulation is declared invalid or unenforceable, all other provisions shall not be affected thereby but shall be in full force and effect. Date approved by Town ofYarmouth Board of Health - Hillard Boskey, M.D. Chairman Mary Craig Vice Chair Charles T. Holway Clerk Laurance Venezia DVM 4 Eric Weston Io TOWN OF YARMOUTH II46 ROUTE 28, SOUTHYARMOUTH, MASSACHUSETTS 02664.24451 Telephone (508) 398-2231, ext. l24l Fax (508) 760-3472 Health Division BOARD OF HEALTH MEETING MINUTES 1146 Route 28, South Yarmouth December 15, 2025 Board Members Present: Hillard Boskey, M.D., Laurance Venezia DVM, Mary Craig, Eric Weston Absent: Charles T. Holway Others Present: Barry Lewis, Assistant Health Director, Riley Niederberger, Division Assistant l. Call to Order The meeting was called to order at 5:00 p.m. 2. Declaration of a Quorum Quorum Present 3, Public Comment None. 4. Variance - Yarmouth Wastewrter Pumping Station 280 Route 28 Yarmouth Wastewater Project is seeking variance for the temporary relocation ofthe leaching field at 280 Route 28. Michael Guidice of CDM Smith attended the meeting as a representative of the Comprehensive Wastewater Management Plan (CWMP). A Phase 1 wastewater pumping station is proposed to be constructed at 280 Roule 28, the site of Bellew Tile & Marble, within the limits ofthe leaching field for the parcel. To facilitate construction ofthe Town's pumping station, the leachhg field will need to be permanently taken out of service. To provide ternporary service to the building during construction, the Town is proposing to install a temporary six hundred (600) gallon leach pit adjacent to the pumping station site. The existing pressure pipe from the building's pump chamber will be connected to the leach pit to provide service to the building's one (l) bathroom for approximately one (1) to one and a half(1.5) years. Once construction of the pumping station is completed the building will be connected to the pumping station, which will provide permanent sewer service for the property. The building has limited employees, and Barry stated a leaching pit will be sufficient for the average flow ofthe system. Motion: Mary Craig moved to approve the variances requested at 280 Route 28, West Yarmouth, MA 02673. Second: Laurance Venezia All in favor 5. Kratom - Discussion Recently the Town of Boume passed a new regulation restricting the sale and distribution of synthetically derived cannabinoids and Kratom. The Board discussed concem for safety, proper testing, and quality control ofproducts marketed as Kratom that may be hybrid or synthetic products. Board of Health I Mary would like the Board to review options to possibly amend a Synthetic Cannabinoid Regulation to include a Kratom and 7-OH section. Hillard noted he is unaware ofany medical research that proves if Narcan is effective for a Kratom overdose. The Board will review further research on surrounding municipal regulations and educational materials. This item will be discussed at the next meeting. No action required by the Board at this time 6. Review & Approve of Minutes Motion: Laurance Venezia moved to approve the December l, 2025 minutes as written Second: Mary Craig All in favor 7. NedOld Business The Health Department hosted a successful giving initiative thmugh the Yarmouth Holiday Giving Tree, the community donated gifts for thirty-five (35) local shrdents and one (1) family. All gifts will be delivered to the schools before the holiday break. The Health Department and Board showed their appreciation for all who participated and thanked Sara, Debra, and fuley ofthe Health Department for supporting the event. Friday, January 23,2026, from 10:30 a.m. to 3:00 p.m. at the Lorusso Lodge at Flax Pond, the Health Department in partnership with the American Red Cross invites the community to participate in a Blood Drive in recognition of National Blood Donor Month. Walk-ins are welcome and appointments can be scheduled through the American Red Cross website, "Find a Drive", and enter the sponsor code YARMOUTHREC. Friday, February 6,2026, from l:00p.m. 3:00p.m. at the Hearing Room, Town Hall l146Route28, South Yarmouth the VNA will be providing a Fall fusk Assessment Clinic. Spaces are limited, to register contact \rNA Public Health and Wellness at 508-957-7423. Hillard announced there are currently one thousand nine hundred ( I ,900) reported cases of Measles in the U.S. Hillard urged the community to speak with their healthcare providers ifthey have concems about vaccinations for their childron and emphasized the dangers of Hepatitis B as carriers can be asymptomatic, but ultimately complications of Hepatitis B can include liver infection, liver cancer, or liver failure. Larry spoke from his years of Veterinarian experience, observing the impact ofvaccinations clinically reducing incidence of several diseases. Mary recommended that the community review information on mass.gov and speak with their healthcare providers ifthey have public health or medical concems. Next Meeting: January 5,2026 8. Adjournment 5:53 Motion: Laurance Venezia Second: Eric Weston All in favor 2 YARMOUTH BOARD OF HEALTH REGULATION PROHIBITING THE SALE OF SYNTHETIC PSYCHOACTIVE SUBSTANCES Date of Publication: FEBRUARY 2, 2017 A. Statement of Purpose WHEREAS, it has been reported by various agencies that synthetic psychoactive substances including cannabinoids, cathinones, stimulants, depressants, opioids and hallucinogens have been linked to serious physical effects resulting in hospitalization and death when ingested, inhaled or otherwise introduced into the human body. These substances pose health, safety and welfare issues for the residents of Yarmouth. B. Authority This regulation is promulgated pursuant to the authority granted to the Yarmouth Board of Health by Massachusetts General Laws, Chapter 111, Section 31 that “Boards of Health may make reasonable health regulations.” C. Definitions As used in this regulation, the following terms shall have the meaning ascribed to them below: Synthetic: A substance made by chemical synthesis, the production of chemical compounds by reaction from simpler materials. Person: An individual, corporation, partnership, wholesaler, retailer or a licensed or unlicensed business. Consumed: Introduced into the human body by any manner including, but not limited to, inhalation, ingestion or injection. D. Prohibited Activities 1. No person shall sell, offer to sell, distribute, gift or publicly display for sale any synthetic psychoactive substances, including, but not limited to, synthetic cannabinoids, cathinones, stimulants, depressants, opioids and hallucinogens that has been chemically treated and are possessed, sold or purchased with the intent that despite any labeling to the contrary, said substances will be consumed by humans for the purpose of intoxication, which if consumed may induce effect or effects of intoxication similar to a controlled substance or imitation controlled substance, that include but not limited to: Page 1 of 3 elation, euphoria, dizziness, impaired judgement, excitement, irrational behavior, exhilaration, paralysis, stupefaction, dulling of the senses or nervous system, weakness, tremors, sleeplessness, feelings of relaxation, disorientation, muscle spasms, confusion, loss of coordination, hallucinations and changes in sensory perceptions (including sight, smell, sound, shapes, touch, time and body image) feeling of detachment from self and environment, memory loss, psychological distress (including feeling of extreme panic, agitation, fear, anxiety, paranoia, invulnerability, exaggerated strength and aggression), physical distress including extreme changes in heart rate, respiration and body temperature. 2. This regulation shall apply regardless of whether the substance is marketed for the purpose of being smoked, ingested or injected, and is marked “Not for Human Consumption.” E. Penalty for Violation Any person violating these provisions will be ordered to appear before the Board of Health at a public hearing. If a violation is found to have occurred, the Board of Health may impose the following penalties to be paid within ten (10) days or as otherwise determined by the Board of Health: (1) In the case of a first violation, a fine of three hundred dollars ($300.00). (2) In the case of a second violation, a fine of five hundred dollars ($500.00) and loss of tobacco license for seven (7) days. (3) In the case of a third violation, a fine of one thousand dollars ($1,000.00) and loss of tobacco license for thirty (30) days. (4) In the case of any violation, the Board may suspend or revoke the tobacco permit or any other permit or license issued by the Board of Health and held by the violator. F. Enforcement (1) Enforcement of this regulation shall be by the Yarmouth Health Department or its designee, including the Yarmouth Police Department. (2) This regulation may be enforced by filing a criminal complaint in the District Court. (3) Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Yarmouth Board of Health or its designee and the Board shall investigate. (4) All substances, found in plain view, being used in violation of this regulation will be seized, transferred to the Yarmouth Police Department and held until final adjudication whereupon they will be destroyed by the Yarmouth Police Department in accordance with its procedures. Page 2 of 3 G. Severability If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be effected thereby but shall continue in full force and effect. H. Effective Date This regulation shall take effect immediately upon publication of a summary in a newspaper of general circulation in the Town of Yarmouth, which date shall be posted on the front page of this regulation. Adopted______JANUARY 23, 2017__________ Effective______FEBRUARY 2, 2017_________ YARMOUTH BOARD OF HEALTH ___________________________________ ____________________________________ Hillard Boskey, Chair Tanya Daigneault ___________________________________ ____________________________________ Mary Craig, Vice Chair Charles Holway ___________________________________ Debra Bruinooge Page 3 of 3 I IIB BOSTON GLO TI'ESDAY, DECEMBER 9, IOII By trsttrerine GergeD Barnett Ey\lacctonfngthmu& a dsk-bas€d sEat€gr, the medical establishmeEt was missiDg pmt€ction of lage nunbeJs ofinfrtrts stil at risk and hAsfitis B vss lD&cting f6,000 dil&€n unaler agE l0 annualS C€06 b s{cl€nilg aDd d€tection occ1lrred fur iDftot bortr to $omen who bad inadeqoate sccess to pltnt tal car€ 8trd scrr€uitr& whce trrb vere done in s viuilowb€fole inftdiotr, or\tro xlExt @os€dto hcpditis B yiros iD the flst yEar of lifu fton s€€mint V inno.los hous€hold itams slch as toothbrurh€8 or Dsil dippr$ duDtoowitrsbiuftded people. S the Uded Stes adopteat utriy€sal raccination tur @itis B of nadoms in 1991, an estiEded 6m,00o cLiLlhood i*rtions ard 9o,l0o dildhood deafns heebem pt€vrtrtld, analttre t"tes ofHBViD ftctiosE itr diHteo aod teens hrve plonneteat by 9! PEc€[t B&ies bom in Massad$€trs wfl trot),Etbe d- ftctrdb'ytle newCDCrEcoEm€ndstiou. Massar,hu. sdts a l six oth€f, Norheast states will coDtinue to recmnend tbat ercry ctrild receive rhe raocination I birth" Emtr, as my colleagues anil I lnowall too wdl,poorhfolmdioDalo€sDotstop8tst8tebod€rtl. the msnriDg confirsiotr al(utrdtle HBv\accim for iffiats witl inevitably (l€ste neiy gnps in protec- tlo& allowingtor risinglal€s of inftdotrs. Public health eryerts mil physiciars have a responsib ityb our pcimts anal comm!.nities to help Suide people tbrmd this oonfirsiotr. But we can[ot do it alone. B$ eryoue has 8 qitical mle to pl8y, ltere are s€ryeral lcy el€m€nts to this patu€rshtt ! Co[ve$atioDs about vaccination cannot be rushed Proyid€m must resist the alrive towad €6- ciency in metlical visits and take the time to list€n wittr Esp€ct and wittroutjudgEment to pdi€nts' co cems a[d ftaIs qf vaEciDatiotr, I€cogtriziDg that the* ftars are tuiv€n by love and wantitrg ttre H br ther idtrts. At ev€ry mdical encountsr, plvvidets have an opporhrnity to build sbard h€alth Soals with por: ti€nts.I Hieuts a l ftmilies, iD tuIn" tre€d to come r€ady to share t}€h conc€ros and questions rtrile bd ing opm to infurmatiotr about the dsks of h€pstitis t anal the ben€fts ofthe \accine for infalts aDd ttre commuDitlat It{rst€d commudty yoices 8re qfical itr tb,s rodl Connecting to trust€d messeugers wtere peo. ple e8r, l€artr, Dr.y, rcceive haircue, aud puciase bealtyproducb is esotial {or ketpins cc,DmudtiJ heaftry. I We must allos.for the power of stodes. People wi6e livB hsve b€.n up€Dded Dy chroEic hrDarif8 4 reho Aoe not only fre medical consequcnoes oftl* itrdion h also the attactred stigD& areb€giDniql to sp€ak out. Th6e Yoic€s Eatl€r. 'We camd &rd to lose tblle d€cad€s of FDllc healttr advarces. The sl(s of h@itis B ale tm gIeA We hsve the m€dicol aDd pub.lic h€alth tools, but it wil take all of us to Eot€ct newboms aud fuure gdr adiotrs. BE i_]_ CDC's hepatitis B reversal puts neuiborns back at rfuk Dt Kdl@rin ceryatblte* awciaopqwrS fwau rnauriru d Bo&an t@ Ototuno& Ao&tia,. gwl oI Md{tt,E, rrie clwir d prbnuy. ffivitpt.r,orion &fratsvmdbt a nom Aelldfui, @d @rrwurtiDrdji{/lB 7"Aoro a nAtoy Aui@Mtra tiou couDsel mypdimts on dozms of itens otr howto k@ theDselv€s atrd their babies uft and healtty, itl. cluding avoialiDg e[viroDD€ntal @osul€s sud as !t t'eneheat, the dsl(s ofertain foods atrd medic&- tions, and the impad ofgestational tliabetrs, hyper. tension, anil mrtemal depEssion" In my tsD decaildl ofmedical Eactice, I hsve not encouutercd questiotd or ftar about the rcutine use ofttre hepatitis B vims yaccirc at bii}. This is about to dange. IatH€elqttreC€ ers for Dis€ase Contol atrd Hepatitis B is a viral infection that attacks the liver, causing both acute and chronicliver disease. PI€yetrdon's advisory panel yotld to dlop the mutifl annint<E tion oftle HBV iacciDe to all idasts. TE r€comm€trddion com)ds ole ofttre g€destpubl, b€atb vidori€s oftte past 30 yea$. H@tr'tis B is s virsl inftctior thd atrad(s the lirtt, csusmg both a.rIte and cbmuic liyer disease. Whfle hepatitis B can betanmitted ftom the bLthiDg pon €nt (hown as ?diratal tznsnision"), infrub cad also conrnai h€pdtis B ftom cargivers, housrholil cotrtacts with hc,s,tr or utrloo$m hepaftis B iDftc- tiou, orfrom surhces anal obje* conhrin*edwitt blmd containing hQatitis B vinrs (knowu as .hori- zonhl taosmisdoD"). lDout 90 percent ofhfants $,ho are itrected witt HBV delelop chrcnic HEVinr ftctioa an ctften ikrasuing and iDcrrable dis€sse that l€ads to iuc'r,eased risks ofcirhosis, livq camef atrd prematue de8rh. Irp to a quarttr of p€ople iD- ftdeal dbirttr wil die pnmaurelyfrom ttre rliseasa The EBvvscdm was first apFoved bythe Food anitDrwAdministation iu 1981 and wasinitially . oDlyartrninirt€Fd to loou! hig[-risk populatioru, inelualing n€M,bom iDf8trts bom to HBv-positi,e moftrels. Howev€r, ntes ofviral infections werc sbtr inqeosing, induding thoussndE r,*oo,16o had trot contacted h€patitis B atlir&. s afimt medicine pfrSnicia& I bave * pri@e of caring for pdimts filom thl eadiest drys of pregDaDcy contampla- tbmugh prcgnanry and pGtpaftta nentom care In this oitical timdi I