[HISTORY: Adopted by the Board of Health
of the Town of Fairhaven as follows: Part 1, 5-31-1996 (Ch. XVI of the 1979 Regulations);
Part 2, 4-14-1997. Amendments noted where applicable.]
[Adopted 5-31-1996 (Ch. XVI of the 1979 Regulations)]
A.
The 1986 Surgeon General's Report on the "Health Consequences
of Involuntary Smoking" clearly documents that nonsmokers are placed
at risk for developing disease as a result of exposure to environmental
tobacco smoke or secondhand smoke. In 1993, the Environmental Protection
Agency classified environmental tobacco smoke as a known human carcinogen.
Further numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution and that breathing secondhand
smoke is a cause of disease, including lung cancer, in nonsmokers.
There exists conclusive evidence that tobacco smoke causes cancer,
respiratory diseases, cardiovascular disease, negative birth outcomes,
allergies, as well as irritations to the eyes, nose and throat. Tobacco
use is the leading cause of premature deaths in the United States.
Evidence further demonstrates that tobacco use is extremely addictive.
B.
Exposure to environmental tobacco smoke presents a
serious and substantial public health risk. Of particular concern
is the workplace environment of nonsmokers, where they may be subjected
to sustained, involuntary exposure. Both smokers and those exposed
to secondhand smoke are at risk. At special risk are children, elderly
persons, individuals with cardiovascular disease and individuals with
impaired respiratory function, including asthmatics and those with
obstructive airway disease.
C.
The Greater New Bedford Tobacco Control Program Advisory
Board (comprised of representatives of the Boards of Health from the
Towns of Dartmouth, Fairhaven and Mattapoisett and the City of New
Bedford) has urged all municipal buildings to become smoke-free.
The Fairhaven Board of Health pursuant to MGL
c. 111, § 31, Tercentary Edition and amendments thereto,
adopts the following regulation governing no smoking in municipal
buildings" as a reasonable health regulation designed to protect and
improve the health of municipal employees and the residents of the
Town of Fairhaven.
The purpose of this chapter is to:
As used in this chapter, the following words
shall have the following meanings:
Any building owned, operated, leased and/or under the control
of the Town of Fairhaven, including but not limited to Town Hall,
Council on Aging sites, school buildings (MGL c. 71, § 2A),
school administration building, police station(s), fire station(s),
library, maintenance/repair buildings, water treatment plants, sewer
treatment plants and office buildings under the control or jurisdiction
of the Town of Fairhaven.
Any town-owned, -operated and/or -leased vehicle under the
control of the Town of Fairhaven.
A combination of smoke released from the burning end of a
lighted tobacco product as well as exhaled smoke.
The lighting of or having in one's possession any lighted
tobacco product, including a cigarette, cigar, pipe or any other lighted
smoking equipment.
All points of entry to municipal buildings shall
conspicuously display on the premises the international symbol for
no smoking (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) or state
that this is a smoke-free building.
The Board of Health, upon its own initiative
or upon application to or by any person, after due notice and public
hearing, may vary any provision of these regulations as it may deem
necessary with respect to any particular case, when, in its opinion,
the enforcement thereof would do manifest injustice, provided that
the decision of the Board of Health is based solely upon health concerns
and shall not conflict with the intent of these regulations.
Department heads of each municipal building
will be responsible for monitoring the conduct of employees under
their supervision and shall make reasonable efforts to prevent smoking
within the entire confines of the municipal building.
Any person who violates any provision of these regulations may be subject to disciplinary action under Chapter 401, General Provisions, § 401-1, Violations and penalties. Alternatively, any person who violates any provision of these regulations may be penalized by a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, and Chapter 1, General Provisions, of the Town of Fairhaven Code. The penalty for each violation of these regulations under the noncriminal complaint procedure is $25. Each violation of these regulations shall be considered a separate offense.
If any provision of this regulation is declared
invalid or unenforceable, the other provisions shall continue in full
force and effect.
These regulations shall be effective as of May
31, 1996 (World No Tobacco Day).
[Adopted 4-14-1997]
A.
Tobacco use is a leading public health problem in
the Town of Fairhaven and throughout the United States, and there
exists conclusive evidence that tobacco smoke causes cancer, respiratory
diseases, various cardiac diseases, negative birth outcomes, allergies
and irritations to the eyes, nose and throat of both the smoker and
nonsmoker exposed to secondhand smoke.
B.
Furthermore, cigarette smoking and other tobacco use
by minors continues to be a problem with grave public health consequences.
More than 80% of all smokers begin smoking before the age of 18 (the
legal age to purchase cigarettes in the commonwealth), and an estimated
3,000 minors begin smoking every day in the United States. In recognition
of the United States Surgeon General's conclusion that nicotine is
as addictive as cocaine or heroin and that tobacco is an initial drug
preferred by young people and is associated with other drug use, action
is needed to curtail the easy access of cigarettes and other tobacco
products to minors.
The Town of Fairhaven Board of Health, pursuant
to MGL c. 111, § 31, Tercentary Edition, and amendments
thereto, adopts the following regulation affecting youth access to
tobacco products as a reasonable health regulation designed to protect
and improve the health of its residents and the general public.
The purpose of this regulation is to establish
restrictions on the sale and distribution of cigarettes and other
tobacco products in order to reduce the number of children and adolescents
who use these products and to reduce the life-threatening consequences
associated with tobacco use in the Town of Fairhaven.
The following terms, as used in this regulation,
shall, unless the context clearly requires otherwise, have the following
meanings:
The Town of Fairhaven Board of Health.
Any person who furthers the distribution of cigarettes or
other tobacco products at any point from the original place of manufacture
to the person who sells or distributes the product to individuals
for personal consumption.
Any individual who performs services for an employer in return
for wages or profit.
Any individual, partnership, association, corporation, trust,
nonprofit entity or other organized group, including the Town of Fairhaven
and any department or agency thereof, who or which employs two or
more employees.
Any person, including any repacker and or relabeler, who
manufactures, fabricates, assembles, processes or labels a finished
cigarette or other tobacco products.
A person under the age of 18 years of age.
A pack, box, carton or container of any kind in which cigarettes
are offered for sale, sold or otherwise distributed to consumers.
Any location at which a consumer can purchase or otherwise
obtain cigarettes or other tobacco products for personal consumption.
Any individual who sells cigarettes or smokeless tobacco
to individuals for personal consumption or who operates a facility
where vending machines or self-service displays are permitted.
Any establishment selling goods or articles or personal services
to the public.
Any display from which individual packs or cartons of tobacco
products may be selected by the customer.
Cigarettes, cigars, snuff or tobacco in any of its forms.
Any machine or device designated for the vending of cigarettes,
cigars, tobacco or tobacco products upon the insertion of coins, trade
checks, swipe cards, slips or any other payment, with or without assistance
by a clerk or operator.
A.
Tobacco sales permit.
(1)
No person, firm, corporation or other entity shall
sell tobacco products within the Town of Fairhaven without a valid
tobacco sales permit issued by the Board of Health. The fee for this
permit shall be set forth in the Board of Health's fee schedule for
licenses, permits and services.[1]
(2)
Within 30 days of the effective date of this regulation,
all retailers who are required to hold a state license to sell cigarettes
or other tobacco products will be required to file an application
for a tobacco sales permit from the Town of Fairhaven Board of Health
for each point of sale at which tobacco products are sold.
(3)
After receiving the permit, the retailer will receive
signage that states "Sale of cigarettes or any tobacco products to
persons under age 18 is illegal, MGL c. 270, §§ 6 and
7." Any retailer not posting said signage will be in noncompliance
of this regulation.
(4)
The tobacco sales permit shall be for a term of one
year and will automatically expire on December 31 of each year.
(5)
Applications for renewal must be submitted at least
30 days prior to the expiration date.
(6)
The fee for a one-year tobacco retailer's tobacco
sales permit for each tobacco retail point of sale shall be set forth
in the Board of Health's fee schedule for licenses, permits and services.
(7)
A tobacco sales permit is not transferable from a
person or a location.
(8)
The permit must be posted in conspicuous view of the
public.
B.
Tobacco vending machines.
(1)
Within 30 days of the effective date of this regulation,
no person, firm, corporation or other entity shall install or maintain
a vending machine to distribute or sell tobacco products in the Town
of Fairhaven, except in facilities where the retailer ensures that
no person younger than 18 years of age is present, or permitted to
enter, at any time.
C.
Packaging/free distribution.
(1)
No manufacturer, distributor or retailer may distribute
or cause to be distributed any free samples of cigarettes or tobacco
products in the Town of Fairhaven. Such restrictions shall not apply
to use of coupons from magazines, newspapers, periodicals or attached
packaging.
(2)
It shall be unlawful to remove and commercially sell
single cigarettes from the manufacturer's package which states the
federally required health warnings. Commercial sale and/or distribution
of cigarettes or other tobacco products in a form other than the original
factory-wrapped packaging is prohibited.
(3)
The sale of cigarettes in packages of fewer than 20
cigarettes is prohibited.
D.
Self-service displays. Self-service displays of all
tobacco products from which individual packages or cartons may be
selected by the customer shall be banned effective August 28, 1997,
except in facilities where the retailer ensures that no person younger
than 18 years of age is present, or permitted to enter, at any time.
E.
Sales to minors.
(1)
In conformance with MGL c. 270, § 6, no
person or entity shall sell a cigarette, chewing tobacco or any tobacco
in any of its forms to any person under 18 years of age or, not being
his or her parent or guardian, give a cigarette, chewing tobacco or
any tobacco in any of its forms to any person under 18 years of age.
(2)
Retailers of cigarettes or other tobacco products
shall verify, by means of photographic identification containing the
bearer's date of birth, that no person purchasing the product is younger
than 18 years of age. No such verification is required for any person
27 years of age or older.
(3)
A written note or telephone communication from an
adult will not permit a person under the age of 18 to purchase a tobacco
product.
F.
Sales by employees. No commercial entity selling tobacco
products at retail shall allow any employee to sell cigarettes or
other tobacco products until such employee reads this Town of Fairhaven
Board of Health youth access to tobacco products regulation and state
laws regarding the sale of tobacco and signs a statement provided
by the Fairhaven Board of Health indicating that such regulation/laws
have been read and understood, a copy of which will be filed in the
office of the employer. Such signed statements must be made available
for inspection during the permit holder's normal business hours upon
request of an agent of the Board of Health.
A.
Vending machines. All vending machines as permitted in accordance with § 479-17B shall display a conspicuous sign stating that it is illegal to sell cigarettes and other tobacco products to minors. Signage will be furnished by the Massachusetts Department of Public Health and made available by the Board of Health in accordance with MGL c. 64, § 10, which sign states "Persons under age 18 are prohibited from using this machine."
B.
Points of entry. Notices provided by the Board of
Health or its agents must be posted conspicuously by the owner or
individual in charge thereof at all accessible points of entry at
each establishment or place used to sell cigarettes or tobacco products
at retail. Such notice shall be at least 48 square inches, shall directly
face any person entering the establishment at each point of entry
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.
C.
Cash registers. In conformance with MGL c. 270, § 7,
notices provided by the Massachusetts Department of Public Health
and made available by the Board of Health or its agents must be posted
conspicuously by the owner or the other individual in charge thereof
in each establishment or place used to sell cigarettes or tobacco
products at retail. Such notice shall be posted in a manner so that
it may be readily seen by a person standing at or approaching the
cash register. Such notices 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.
D.
Removal of notices. Notices provided by the Board of Health in accordance with Subsections A, B and C of this section must not be removed from the designated posting locations on the premises of the permit holder. Any retailer and/or permit holder removing said signage will be in noncompliance with this regulation.
A.
Sale and/or distribution of tobacco products. It shall be the responsibility of the permit holder and/or individual in charge of the area where tobacco products are being sold to ensure compliance with § 479-17 of this regulation pertaining to his or her place of business. Each calendar day on which any violation of this tobacco control regulation exists shall be deemed to be a separate offense. The violation of this regulation is subject to a specific penalty and may be subjected to disciplinary action upon enactment under Chapter 401, General Provisions, § 401-1, Violations and penalties, of this Code.
(1)
The permit holder and/or individual in charge of the area permitted for tobacco sales or persons involved in violation of any of the provisions of § 479-17 of this tobacco control regulation may receive:
(a)
In the case of a first violation, a written
warning.
(b)
In the case of a second violation within one
year, a fine of $100.
(c)
In the case of a third violation within one
year, a fine of $200, and the permit shall be suspended for seven
consecutive calendar days.
(d)
In the case of a fourth violation, a fine of
$300, and the permit shall be suspended for 30 consecutive calendar
days.
(2)
The Board of Health shall provide written notice to
the permittee of the intent to suspend a tobacco sales permit. The
notice shall contain the reasons for the suspension and establish
a date and time for a hearing. The date of the hearing shall be no
earlier than seven days after the date of said notice. The permittee
shall have an opportunity to be heard at such hearing and shall be
notified of the Board of Health's decision and reasons in writing.
(3)
Revocation.
(a)
The Board of Health may, after providing opportunity
for a hearing, order the revocation of a permit for:
(b)
Notice of the intent to revoke a permit shall
be given by the Board of Health to the permit holder in writing. The
notice shall specify the reason(s) for which the permit is to be revoked
and that the revocation shall be imposed at the end of the 10 days
following service of such notice unless a written request for hearing
is filed with the Board of Health by the permit holder within such
ten-day period. If no request for hearing is filed within the ten-day
period, the permit shall be revoked. If a written request for a hearing
is filed within the ten-day period, a hearing shall be scheduled no
earlier than seven days after the date of said filing. The permittee
shall have an opportunity to be heard at such hearing and shall be
notified of the Board of Health's decision and reasons in writing.
(4)
During such time that a tobacco sales permit for tobacco
products has been suspended or revoked for violations of this regulation,
all tobacco products must be removed from the premises.
B.
Posting of notices. It shall be the responsibility of the permit holder and/or individual in charge of the area where tobacco products are being sold to ensure compliance with § 479-18 of this regulation pertaining to his or her place of business. Each calendar day on which any violation of this tobacco control regulation exists shall be deemed to be a separate offense. The violation of this regulation is subject to a specific penalty and may be subjected to disciplinary action upon enactment under Chapter 401, General Provisions, § 401-1, Violations and penalties, of this Code. The permit holder and/or individual in charge of the area permitted for tobacco sales or persons involved in violation of any of the provisions of § 479-18 of this tobacco control regulation may receive:
The Board of Health shall supply retailer education
for all new applicants for tobacco sales permits at the time of application
for the permit. Such education may include distribution of materials
to guide retailers in their compliance with the regulation.
If any provision of this regulation is declared
invalid or unenforceable, the other provisions shall continue in full
force and effect.
This regulation shall be adopted and effective
upon publication in the Standard Times.
