[Adopted effective 3-31-2016]
This regulation is promulgated pursuant to the authority granted
to the Norwell Board of Health by MGL c. 111, § 31, which
states "Boards of health may make reasonable health regulations."
For the purpose of this regulation, the following words shall
have the following meanings:
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
or intended to be filled by the consumer with loose tobacco or other
fillers.
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.
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, menthol, mint or wintergreen, imparted or detectable
either prior to or during consumption of a tobacco product or component
part thereof, including, but not limited to, tastes or aromas relating
to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb or spice; provided, however, that no tobacco product
shall be determined to have a characterizing flavor solely because
of the provision of ingredient information or the use of additives
or flavorings that do not contribute to the distinguishable taste
or aroma of the product.
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco with or without a tip or mouthpiece
not otherwise defined as a cigarette under MGL c. 64C, § 1,
Paragraph 1.
Any element of a tobacco product, including, but not limited
to, the tobacco, filter and paper, but not including any constituent.
Any ingredient, substance, chemical or compound, other than
tobacco, water or reconstituted tobacco sheet, that is added by the
manufacturer to a tobacco product during the processing, manufacturing
or packaging of the tobacco product. Such term shall include a smoke
constituent.
Perceivable by either the sense of smell or taste.
Any public or private college, school, professional school,
scientific or technical institution, university or other institution
furnishing a program of higher education.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
Any tobacco product or component part thereof that contains
a constituent that has or produces a characterizing flavor. A public
statement, claim or indicia made or disseminated by the manufacturer
of a tobacco product, or by any person authorized or permitted by
the manufacturer to make or disseminate public statements concerning
such tobacco product, that such tobacco product has or produces a
characterizing flavor shall constitute presumptive evidence that the
tobacco product is a flavored tobacco product.
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 institutions
include, but are not limited to, hospitals, clinics, health centers,
pharmacies, drugstores, doctor offices, optician/optometrist offices
and dentist offices.
A bottle or other container of liquid nicotine or other substance
containing nicotine that is sold, marketed, or intended for use in
a tobacco product, as defined herein. The term does not include a
container containing nicotine in a cartridge that is sold, marketed,
or intended for use in a tobacco product, as defined herein, if the
cartridge is prefilled and sealed by the manufacturer and not intended
to be opened by the consumer or retailer.
The age an individual must be before that individual can
be sold a tobacco product in the municipality.
A mechanical device made available for use (including to
an individual who produces cigars, cigarettes, smokeless tobacco,
pipe tobacco, or roll-your-own tobacco solely for the individual's
own personal consumption or use) that is capable of making cigarettes,
cigars or other tobacco products. Roll-your-own (RYO) machines located
in private homes used for solely personal consumption are not nonresidential
RYO machines.
Any person engaged in the sale or distribution of tobacco
products who applies for and receives a tobacco product sales permit
or any person who is required to apply for a tobacco product sales
permit pursuant to these regulations, or his or her business agent.
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 of any
establishment, business or retail store.
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale, but
not for resale, tobacco products and tobacco paraphernalia, in which
the sale of other products is merely incidental, and in which the
entry of persons under the minimum legal sales age is prohibited at
all times, and maintains a valid permit for the retail sale of tobacco
products as required to be issued by the Norwell Board of Health.
Public or private elementary or secondary schools.
Any display from which customers may select a tobacco product,
as defined herein, without assistance from an employee or store personnel.
Any chemical or chemical compound in mainstream or sidestream
tobacco smoke that either transfers from any component of the tobacco
product to the smoke or that is formed by the combustion or heating
of tobacco, additives or other component of the tobacco product.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22, to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars" and "hookah
bars."
Any product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to: cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes,
electronic cigars, electronic pipes, electronic hookah, or other similar
products, regardless of nicotine content, that rely on vaporization
or aerosolization. "Tobacco product" includes any component or part
of a tobacco product. "Tobacco product" does not include any product
that has been approved by the United States Food and Drug Administration
either as a tobacco use cessation product or for other medical purposes
and which is being marketed and sold or prescribed solely for the
approved purpose.
Any automated or mechanical self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
or makes cigarettes or any other tobacco products, as defined herein.
A.
No person shall sell tobacco products or permit tobacco products,
as defined herein, to be sold to a person under the minimum legal
sales age or, not being the individual's parent or legal guardian,
give tobacco products, as defined herein, to a person under the minimum
legal sales age. The minimum legal sales age in Norwell is 21.
B.
Required signage.
(1)
In conformance with and in addition to MGL c. 270, § 7,
a copy of MGL c. 270, § 6, shall be posted conspicuously
by the owner or other person in charge thereof in the shop or other
place used to sell tobacco products at retail. The notice shall be
provided by the Massachusetts Department of Public Health and made
available from the Norwell Board of Health. The notice shall be at
least 48 square inches and shall be posted conspicuously by the permit
holder 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 owner or other
person in charge of a shop or other place used to sell tobacco products
at retail shall conspicuously post any additional signs required by
the Massachusetts Department of Public Health.
(2)
The owner or other person in charge of a shop or other place used
to sell tobacco products, as defined herein, at retail shall conspicuously
post signage provided by the Norwell Board of Health that discloses
current referral information about smoking cessation.
(3)
The owner or other person in charge of a shop or other place used
to sell tobacco products, as defined herein, at retail shall conspicuously
post a sign stating that "The sale of tobacco products, including
e-cigarettes, to someone under the minimum legal sales age of 21 years
is prohibited." The notice shall be no smaller than 8.5 inches by
11 inches and 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.
C.
Identification. Each person selling or distributing tobacco products,
as defined herein, shall verify the age of the purchaser by means
of a valid government-issued photographic identification containing
the bearer's date of birth that the purchaser is 21 years old or older.
Verification is required for any person under the age of 27.
D.
All retail sales of tobacco products, as defined herein, must be
face to face between the seller and the buyer and occur at the permitted
location.
A.
No person shall sell or otherwise distribute tobacco products, as
defined herein, within the Town of Norwell without first obtaining
a tobacco product sales permit issued annually by the Norwell Board
of Health. Only owners of establishments with a permanent, non-mobile
location in Norwell are eligible to apply for a permit and sell tobacco
products, as defined herein, at the specified location in Norwell.
B.
As part of the tobacco product sales permit application process,
the applicant will be provided with the Norwell regulation. Each applicant
is required to sign a statement declaring that the applicant has read
said regulation and that the applicant is responsible for instructing
any and all employees who will be responsible for tobacco product
sales regarding federal, state and local laws regarding the sale of
tobacco and this regulation.
C.
Each applicant who sells tobacco products is required to provide
proof of a current tobacco retailer license issued by the Massachusetts
Department of Revenue, when required by state law, before a tobacco
product sales permit can be issued.
D.
The fee for a tobacco product sales permit shall be determined by
the Norwell Board of Health annually.
E.
A separate permit is required for each retail establishment selling
tobacco products, as defined herein.
F.
Each tobacco product sales permit shall be displayed at the retail
establishment in a conspicuous place.
G.
A tobacco product sales permit is nontransferable. A new owner of
an establishment that sells tobacco products, as defined herein, must
apply for a new permit. No new permit will be issued unless and until
all outstanding penalties incurred by the previous permit holder are
satisfied in full.
H.
Issuance of a tobacco product sales permit shall be conditioned on
an applicant's consent to unannounced, periodic inspections of his/her
retail establishment to ensure compliance with this regulation.
I.
A tobacco product sales permit will not be renewed if the permit
holder has failed to pay all fines issued and the time period to appeal
the fines has expired and/or has not satisfied any outstanding permit
suspensions.
J.
A tobacco product sales permit will not be renewed if the permit holder has sold a tobacco product to someone under the MLSA (§ 304-39A) three times within the previous permit year and the time period to appeal has expired and/or has not satisfied any outstanding permit suspensions. The violator may request a hearing in accordance with § 304-51D.
K.
A tobacco product sales permit shall not be issued to any new applicant
for a retail location within 500 feet of a public or private elementary
or secondary school as measured by a straight line from the nearest
point of the property line of the school to the nearest point of the
property line of the site of the applicant's business premises. Applicants
who purchase an existing business that holds a current tobacco product
sales permit at the time of the sale of said business may apply, within
60 days of such sale, for the permit held by the seller if the buyer
intends to sell tobacco products, as defined herein.
A.
No person shall sell or distribute or cause to be sold or distributed
a single cigar.
B.
No person shall sell or distribute or cause to be sold or distributed
any original factory-wrapped package of two or more cigars, unless
such package is priced for retail sale at $5 or more.
C.
This section shall not apply to:
(1)
The sale or distribution of any single cigar having a retail price
of $2.50 or more.
(2)
A person or entity engaged in the business of selling or distributing
cigars for commercial purposes to another person or entity engaged
in the business of selling or distributing cigars for commercial purposes
with the intent to sell or distribute outside the boundaries of Norwell.
D.
The Norwell Board of Health may adjust from time to time the amounts
specified in this section to reflect changes in the applicable Consumer
Price Index by amendment of this regulation.
No person shall sell or distribute or cause to be sold or distributed
any flavored tobacco product, except in smoking bars and retail tobacco
stores.
No person or entity shall sell or distribute blunt wraps in
Norwell.
No person shall distribute, or cause to be distributed, any
free samples of tobacco products, as defined herein. No means, instruments
or devices that allow for the redemption of any tobacco products,
as defined herein, for free or cigarettes at a price below the minimum
retail price determined by the Massachusetts Department of Revenue
shall be accepted by any permit holder.
A.
The sale or distribution of tobacco products, as defined herein,
in any form other than an original factory-wrapped package is prohibited,
including the repackaging or dispensing of any tobacco product, as
defined herein, for retail sale. 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.
B.
A retailer of liquid nicotine containers, where liquid nicotine is
an "acutely hazardous waste" as identified in 310 CMR 30.136, must
comply with the provisions of 310 CMR 30.000, and must provide the
Norwell Board of Health with a written plan for disposal of said product,
including disposal plans for any breakage, spillage or expiration
of the product.
All self-service displays of tobacco products, as defined herein,
are prohibited. All humidors, including, but not limited to, walk-in
humidors, must be locked.
All vending machines containing tobacco products, as defined
herein, are prohibited.
All nonresidential roll-your-own machines are prohibited.
No health care institution located in Norwell shall sell or
cause to be sold tobacco products, as defined herein. No retail establishment
that operates or has a health care institution within it, such as
a pharmacy, optician/optometrist or drugstore, shall sell or cause
to be sold tobacco products, as defined herein.
No educational institution located in Norwell shall sell or
cause to be sold tobacco products, as defined herein. This includes
all educational institutions as well as any retail establishments
that operate on the property of an educational institution.
A.
It shall be the responsibility of the establishment, permit holder
and/or his or her business agent to ensure compliance with all sections
of this regulation. The violator shall receive:
(1)
In the case of a first violation, a fine of $300.
(2)
In the case of a second violation within 36 months of the date of
the current violation, a fine of $300 and the tobacco product sales
permit shall be suspended for seven consecutive business days.
(3)
In the case of three or more violations within a thirty-six-month
period, a fine of $300 and the tobacco product sales permit shall
be suspended for 30 consecutive business days.
B.
Refusal to cooperate with inspections pursuant to this regulation
shall result in the suspension of the tobacco product sales permit
for 30 consecutive business days.
C.
In addition to the monetary fines set above, any permit holder who
engages in the sale or distribution of tobacco products while his
or her permit is suspended shall be subject to the suspension of all
Board of Health issued permits for 30 consecutive business days.
D.
The Norwell Board of Health shall provide notice of the intent to
suspend or revoke a tobacco product sales permit, which notice shall
contain the reasons therefor and establish a time and date for a hearing
which date shall be no earlier than seven days after the date of said
notice. The permit holder or its business agent shall have an opportunity
to be heard at such hearing and shall be notified of the Board of
Health's decision and the reasons therefor in writing. After a hearing,
the Norwell Board of Health shall suspend or revoke the tobacco product
sales permit if the Board of Health finds that a violation of this
regulation occurred. For purposes of such suspensions or revocations,
the Board shall make the determination notwithstanding any separate
criminal or noncriminal proceedings brought in court hereunder or
under the Massachusetts General Laws for the same offense. All tobacco
products, as defined herein, shall be removed from the retail establishment
upon suspension or revocation of the tobacco product sales permit.
Failure to remove all tobacco products, as defined herein, shall constitute
a separate violation of this regulation.
Whoever violates any provision of this regulation may be penalized
by the noncriminal method of disposition as provided in MGL c. 40,
§ 21D, or by filing a criminal complaint at the appropriate
venue. Each day any violation exists shall be deemed to be a separate
offense.
Enforcement of this regulation shall be by the Norwell Board
of Health or the Norwell police. Any resident who desires to register
a complaint pursuant to the regulation may do so by contacting the
Norwell Board of Health or its designated agent(s) and the Board shall
investigate.
If any provision of this regulation is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force and effect.
This regulation shall take effect on March 31, 2016.
