HomeMy WebLinkAboutDOVER DRAFT 10-9-25 Proposed NFG draft changes with edits from Town Counsel
Town of Dover, MA Board of Health Regulations
Chapter 220 Smoking; Sale of Tobacco and Nicotine Delivery Products
Proposed amendments to Section 220-2 Findings; purpose:
There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, various cardiac
problems, allergies, and irritations to the eyes, nose and throat of both the smoker and nonsmoker exposed
to secondhand smoke. Evidence further demonstrates that nicotine, present in tobacco, is extremely
addictive. Almost 90% of all smokers begin smoking before the age 18, and every day an estimated
additional 3,000 minors begin smoking in the United States. There is an urgent health need to reduce easy
access by youths to tobacco and nicotine products through strict enforcement of the state law prohibiting
sales to minors, MGL c. 270, § 6, and additional measures. Therefore, these regulations are adopted
pursuant to MGL c. 111, § 31, as reasonable health regulations designed to protect and improve the health
of the residents of the Town of Dover.
Proposed amendments to Section 220-6 Retail sale of tobacco products:
B. No person, firm, corporation, establishment, or agency shall sell tobacco, nicotine, or e-cigarette
products to anyone born on or after January 1, 2005.
Current
D. All clerks selling tobacco products or nicotine delivery products shall verify by means of government-
issued photographic identification containing the bearer's date of birth that no person purchasing the
tobacco or nicotine containing products is younger than 21 years of age. No such verification is required
for any person over the age of 26. No clerk shall sell tobacco products or nicotine delivery products to a
person under 21 years of age who has a note from an adult requesting such sale.
Proposed
D. All clerks selling tobacco products or nicotine delivery products shall verify by means of government-
issued photographic identification containing the bearer's date of birth that no person purchasing the
tobacco or nicotine containing products was born on or after January 1, 2005.
Proposed amendments to section 220-10 Posting of state law required:
All retail establishments shall conspicuously post signage, made available from the Board of Health.
Such signage shall include: (i) a copy of G.L. c. 270, §§ 6 and 6A; (ii) referral information for
smoking cessation resources; (iii) a statement that sale of tobacco products, including e-cigarettes,
to a person born on or after January 1, 2005 is prohibited; (iv) health warnings associated with
using electronic nicotine delivery systems; and (v) except in the case of smoking bars, notice to
consumers that the sale of flavored tobacco products are prohibited at all times. Such signage shall
be posted conspicuously in the retail establishment or other place in such a manner so that it may
be readily seen by a person standing at or approaching the cash register. The notice shall directly
face the purchaser and shall not be obstructed from view or placed at a height of less than four feet
or greater than nine feet from the floor. The signage may be in a form developed and made
available by the Massachusetts Department of Public Health.
Proposed amendments to section 220-16 Effective date; amendments:
This regulation shall take effect 30 days after publication of a summary of the regulation in a newspaper
distributed in the Town of Dover. As required by MGL c. 111, § 31, an attested copy has been filed with
DEP on June 8, 1994. This regulation was voted by a majority of this Board on April 25, 1994, amended
on May 11, 1998, September 24, 2001, November 18, 2013, July 10, 2023, and [INSERT DATE OF
VOTE].