[Adopted effective 4-1-2005; last amended 3-21-2013]
The following words and phrases, whenever used in this regulation,
shall be construed as defined in this section:
BOARD
The Board of Health of the Town of Walpole.
LOCKOUT DEVICE
An electrical device hard wired to a vending machine. The
device must be activated by an employee.
PERSONS
An individual, partnership, corporation, business, firm,
association or group, including a city, town, county, or other governmental
unit.
RESTAURANT
Any establishment, including but not limited to include cafeterias,
cafeterias in the designated workplace, nightclubs, banquet halls
or other function rooms, having one or more seats, serving food for
consumption on the premises, to include outdoor seating, as well as
kitchen in which food is prepared on the premises for serving elsewhere,
including catering facilities. A restaurant is an establishment that
derives 20% for more of its total revenues from the sale of food per
year.
SELF SERVICE DISPLAY
Displays of tobacco products from which individual packages,
multipacks, or cartons of tobacco products may be selected by the
customer.
SMOKING or SMOKE
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or nontobacco product designed to be combusted and inhaled.
TOBACCO VENDING MACHINE
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco, or tobacco products upon the insertion
of coins, trade check, bills, swipe cards or slugs.
TOWN
The Town of Walpole.
A person may not sell tobacco products via vending machines
and self-service displays.
It is unlawful to sell cigarettes out of the manufacturer's
package which complies with required health warnings. Sale or distribution
of tobacco products in any form other than an original factory-wrapped
package is prohibited. No person may sell or cause to be sold any
cigarette package that contains fewer than 20 cigarettes, including
single cigarettes.
No person, firm, corporation, establishment, or agency shall
distribute tobacco products free of charge within the Town of Walpole.
Such methods of free distribution include, but are not limited to,
tobacco products giveaways, or free distribution of tobacco product
as an incentive, prize, award, or bonus in a game, contest, or tournament
involving skill or chance. Such restriction shall not apply to use
of coupons or manufacturers' incentives from magazines, newspapers,
periodicals, or attached to packaging.
No person or entity selling tobacco products shall allow anyone
under 18 years of age to sell cigarettes or other tobacco products
until such employee reads the Board of Health regulations and state
laws regarding the sale of tobacco and signs a sworn statement that
(s)he understands and will uphold the regulations. A copy of the sworn
statement will be placed on file in the office of the Board of Health.
No minor may be in possession of tobacco products on school
property or within 500 feet of school property within the Town of
Walpole.
Enforcement of these regulations shall be by the Board of Heath
members, Board of Health agents and Walpole Police.
If any provision, clause, sentence or paragraph of this regulation
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the provisions of this
article which can be given effect without the invalid provision or
application, and to this end the provisions are declared to be severable.
This regulation shall be effective on April 1, 2005; amended
November 1, 2005; amended February 26, 2007; amended March 22, 2011;
amended March 21, 2013.
The Board of Health in the Town of Walpole, in recognition of
the harmful effects of tobacco, believes that it is important that
the sale of tobacco products, non-FDA approved nicotine delivery products,
including liquid nicotine, be banned in pharmacies, drugstores and
retail establishments in the Town of Walpole that contain pharmacies/drugstores
on premises in furtherance of its mission to protect, promote and
preserve the health and well-being of Walpole residents and workers.
As used in this article, the following terms shall have the
meanings indicated:
E-CIGARETTE
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of any liquid or solid nicotine. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
ENTITY
Any single individual, group of individuals, corporation,
partnership, institution, employer, association, firm or any other
legal entity whether public or private.
NICOTINE DELIVERY PRODUCT
Any article or product made wholly or in part of a tobacco
substitute or otherwise containing nicotine that is expected or intended
for human consumption, but not including a tobacco substitute prescribed
by a licensed physician or a product that has been approved by the
United States Food and Drug Administration for sale as a tobacco use
cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose.
Nicotine delivery products include, but are not limited to, e-cigarettes.
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco
and dipping tobacco.
No pharmacies, drugstores or retail establishments that have
pharmacies or drugstores within their physical premises (such as a
pharmacy or a supermarket or department store that contains a pharmacy)
located in the Town of Walpole shall sell or cause to be sold tobacco
products, e-cigarettes, or liquid nicotine or any other nicotine delivery
product as defined above.
Nothing in this regulation shall be deemed to preempt the further
limitation of the sale of tobacco, non-FDA approved nicotine delivery
devices or liquid nicotine in the Town of Walpole by any local regulatory
body within the limits of its authority and jurisdiction.
If any provision, clause, sentence, paragraph or word of this
regulation or the application thereof to any person, entity or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions of this article which can be given effect without the invalid
provisions or application and to this end the provisions of this regulations
are declared severable.
This regulation shall date effect on October 21, 2010.
The authority for this article is MGL c. 111, § 31.