Whereas there exists conclusive evidence that tobacco smoke
causes cancer, respiratory and cardiac diseases, negative birth outcomes,
and irritations to the eyes, nose and throat; and whereas more than
80% of all smokers begin smoking before the age of 18 years (Centers
for Disease Control and Prevention, "Youth Surveillance - United States
2000," 50 MMWR 1 (Nov. 2000); and whereas nationally in 2000, 69%
of middle-school-age-children who smoke at least once a month were
not asked to show proof of age when purchasing cigarettes (Id.); and
whereas the United States Department of Health and Human Services
has concluded that nicotine is as addictive as cocaine or heroin;
and whereas despite state laws prohibiting the sale of tobacco products
to minors, access by minors to tobacco products is a major problem;
and whereas the sale of tobacco products is incompatible with the
mission of health care institutions because it is detrimental to the
public health and undermines efforts to educate patients on the safe
and effective use of medication; and whereas educational institutions
sell tobacco products to a younger population, which is particularly
at risk for becoming smokers, and such sale of tobacco products is
incompatible with the mission of educational institutions that educate
a younger population about social, environmental and health risks
and harms; now, therefore it is the intention of the Town of Lancaster
Board of Health to regulate the access to tobacco products.
This regulation is promulgated pursuant to the authority granted
to the Town of Lancaster Board of Health by MGL c.111, § 31,
that "Boards of Health may make reasonable health regulations."
For the purpose of this regulation, the following words shall
have the following meanings:
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
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.
EDUCATIONAL INSTITUTION
Any public or private college, normal school, professional
school, scientific or technical institution, university or other institution
furnishing a program of higher education.
EMPLOYEE
Any individual who performs services for an employer.
EMPLOYER
Any individual, partnership, association, corporation, trust
or other organized group of individuals, including the Town of Lancaster
or any agency thereof, which uses the services of one or more employees.
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation or trust
or any person or group of persons that provides health care services
and employs health care providers licensed, or subject to licensing,
by the Massachusetts Department of Public Health under MGL c. 112
or a retail establishment that provides pharmaceutical goods and services
and is subject to the provisions of 247 CMR 6.00. "Health care institution"
includes, but is not limited to, hospitals, clinics, health centers,
pharmacies, drugstores, doctor offices and dentist offices.
MINOR
Any individual who is under the age of 18.
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 product" includes, but is not limited to, e-cigarettes.
PERMIT HOLDER
Any person engaged in the sale or distribution of tobacco
products directly to consumers who applies for and receives a tobacco
sales permit or any person who is required to apply for a tobacco
sales permit pursuant to these regulations, or his or her business
agent.
PERSON
An individual, employer, employee, retail store manager or
owner, or the owner or operator of any establishment engaged in the
sale or distribution of tobacco products directly to consumers.
SELF-SERVICE DISPLAY
Any display from which customers may select a tobacco product
or a nicotine delivery product without assistance from an employee
or store personnel, excluding vending machines.
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis,
snuff or tobacco in any of its forms.
VENDING MACHINE
Any automated or mechanical self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes, any other tobacco product or nicotine delivery products.
No person shall distribute, or cause to be distributed, any
free samples of tobacco products or nicotine delivery products.
No person may sell or cause to be sold or distribute or cause
to be distributed any cigarette package that contains fewer than 20
cigarettes, including single cigarettes.
All self-service displays of tobacco products and/or nicotine
delivery products are prohibited. All humidors, including, but not
limited to, walk-in humidors, must be locked.
All tobacco and/or nicotine delivery product vending machines
are prohibited.
No health care institution located in the Town of Lancaster
shall sell or cause to be sold tobacco products. No retail establishment
that operates or has a health care institution within it, such as
a pharmacy or drugstore, shall sell or cause to be sold tobacco products.
No educational institution located in the Town of Lancaster
shall sell or cause to be sold tobacco products. This includes all
educational institutions as well as any retail establishments that
operate on the property of an educational institution.
If any provision of these regulations is declared invalid or
unenforceable, the other provisions shall not be affected thereby
but shall continue in full force and effect.
This renamed and revised regulation was passed on December 2,
2010, and shall take effect on February 1, 2011.