[HISTORY: Adopted by the Board of Health of the Town of Deerfield 12-14-2016, effective 1-1-2017. Amendments
noted where applicable.]
GENERAL REFERENCES
Tobacco bylaws — See Ch. 162.
Whereas there exists conclusive evidence that tobacco smoking
causes cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose and throat.[1]
Whereas the United States Department of Health and Human Services
has concluded that nicotine is as addictive as cocaine or heroin[2] and the Surgeon General found that nicotine exposure during
adolescence, a critical window for brain development, may have lasting
adverse consequences for brain development,[3] and that it is addiction to nicotine that keeps youth
smoking past adolescence.[4]
Whereas a Federal District Court found that Phillip Morris,
RJ Reynolds and other leading cigarette manufacturers "spent billions
of dollars every year on their marketing activities in order to encourage
young people to try and then continue purchasing their cigarette products
in order to provide the replacement smokers they need to survive"
and that these companies were likely to continue targeting underage
smokers.[5]
Whereas more than 80% of all adult smokers begin smoking before
the age of 18, more than 90% do so before leaving their teens, and
more than 3.5 million middle and high school students smoke.[6]
Whereas 18.1% of current smokers aged less than 18 years reported
that they usually directly purchased their cigarettes from stores
(i.e., convenience store, supermarket, or discount store) or gas stations,
and among 11th grade males this rate was nearly 30%.[7]
Whereas the Institute of Medicine (IOM) concludes that raising
the minimum age of legal access to tobacco products to 21 will likely
reduce tobacco initiation, particularly among adolescents 15 to 17,
which would improve health across the lifespan and save lives.[8]
Whereas cigars and cigarillos, can be sold in a single "dose;"
enjoy a relatively low tax as compared to cigarettes; are available
in fruit, candy and alcohol flavors; and are popular among youth.[9]
Whereas research shows that increased cigar prices significantly
decreased the probability of male adolescent cigar use and a 10% increase
in cigar prices would reduce use by 3.4%.[10]
Whereas 59% of high school smokers in Massachusetts have tried
flavored cigarettes or flavored cigars and 25.6% of them are current
flavored tobacco product users; 95.1% of 12 to 17 year olds who smoked
cigars reported smoking cigar brands that were flavored.[11]
Whereas the Surgeon General found that exposure to tobacco marketing
in stores and price discounting increase youth smoking.[12]
Whereas the federal Family Smoking Prevention and Tobacco Control
Act (FSPTCA), enacted in 2009, prohibited candy- and fruit-flavored
cigarettes,[13] largely because these flavored products were marketed
to youth and young adults,[14] and younger smokers were more likely to have tried these
products than older smokers[15], neither federal nor Massachusetts laws restrict sales
of flavored non-cigarette tobacco products, such as cigars, cigarillos,
smokeless tobacco, hookah tobacco, and electronic devices and the
nicotine solutions used in these devices.
Whereas the United States Food and Drug Administration and the
United States Surgeon General have stated that flavored tobacco products
are considered to be "starter" products that help establish smoking
habits that can lead to long-term addiction.[16]
Whereas the United States Surgeon General recognized in his
2014 report that a complementary strategy to assist in eradicating
tobacco related death and disease is for local governments to ban
categories of products from retail sale.[17]
Whereas the United States Centers for Disease Control and Prevention
has reported that the current use of electronic cigarettes, a product
sold in dozens of flavors that appeal to youth, among middle and high
school students tripled from 2013 to 2014.[18]
Whereas 5.8% of Massachusetts youth currently use e-cigarettes
and 15.9% have tried them.[19]
Whereas the Massachusetts Department of Environmental Protection
has classified liquid nicotine in any amount as an "acutely hazardous
waste."[20]
Whereas in a lab analysis conducted by the FDA, electronic cigarette
cartridges that were labeled as containing no nicotine actually had
low levels of nicotine present in all cartridges tested, except for
one.[21]
Whereas according to the CDC's youth risk behavior surveillance
system, the percentage of high school students in Massachusetts who
reported the use of cigars within the past 30 days is 10.8% in 2013.[22]
Whereas data from the National Youth Tobacco Survey indicate
that more than two-fifths of United States middle and high school
smokers report using flavored little cigars or flavored cigarettes.[23]
Whereas the sale of tobacco products is incompatible with the
mission of health care institutions because these products are detrimental
to the public health and their presence in health care institutions
undermines efforts to educate patients on the safe and effective use
of medication, including cessation medication.
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.
Whereas the Massachusetts Supreme Judicial Court has held that
" . . . [t]he right to engage in business must yield to the paramount
right of government to protect the public health by any rational means."[24]
Now, therefore, it is the intention of the Deerfield Board of
Health to regulate the sale of tobacco products.
[1]
Center for Disease Control and Prevention, (CDC) (2012), Health
Effects of Cigarette Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/tobacco/data_statistice/fact_sheets/health_effects/effects_cig_smoking/index.htm.
[2]
CDC (2010), How Tobacco Smoke Causes Disease: The Biology
and Behavioral Basis for Smoking-Attributable Disease. Retrieved from:
http://www.cdc.gov/tobacco/data_statistics/sgr/2010/.
[3]
U.S. Department of Health and Human Services. 2014. The Health
Consequences of Smoking - 50 Years of Progress: A Report of the Surgeon
General. Atlanta: U.S. National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health, p. 122. Retrieved
from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf.
[4]
Id, at Executive Summary p. 13. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec-summary.pdf
[5]
United States v. Phillip Morris, Inc.. RJ Reynolds Tobacco
Co., et al., 449 F. Supp.2d 1 (D.D.C. 2006) at Par. 3301 and Pp. 1605-07.
[6]
SAMHSA, Calculated based on data in 2011 National Survey on
Drug Use and Health and U.S. Department of Health and Human services
(HHA).
[7]
CDC (2013) Youth Risk Behavior, Surveillance Summaries (MMWR
2014: 63 (No SS-04)). Retrieved from: www.cdc.gov.
[8]
IOM (Institute of Medicine) 2015. Public Health Implications
of Raising the Minimum Age of Legal Access to Tobacco Products. Washington
DC: The National Academies Press, 2015.
[9]
CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR
2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.
[10]
Ringel, J., Wasserman, J., & Andreyeva, T. (2005) Effects
of Public Policy on Adolescents' Cigar Use: Evidence from the
National Youth Tobacco Survey. American Journal of Public Health,
95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar,
Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating
the Magnitude of this Problem?, J. Prim. P. 2011, Aug: 32(3-4): 161-70.
Retrieved from: www.nebi.nim.gov/pubmed/21809109.
[11]
Massachusetts Department of Public Health, 2015 Massachusetts
Youth Health Survey (MYHS); Delneve CD et al., Tob Control, March
2014: Preference for flavored cigar brands among youth, young adults
and adults in the USA.
[12]
U.S. Department of Health and Human Services. 2012. Preventing
Tobacco Use Among Youth and Young Adults: A Report of the Surgeon
General. Atlanta: U.S. National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health, p. 508-530, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
[13]
21 U.S.C. § 387g.
[14]
Carpenter CM, Wayne GF, Pauly JL, et al. 2005. "New Cigarette
Brands with Flavors that Appeal to Youth: Tobacco Marketing Strategies."
Health Affairs. 24(6): 1601-1610; Lewis M and Wackowski O. 2006. "Dealing
with an Innovative Industry: A Look at Flavored Cigarettes Promoted
by Mainstream Brands." American Journal of Public Health. 96(2): 244-251;
Connolly GN. 2004. "Sweet and Spicy Flavours: New Brands for Minorities
and Youth." Tobacco Control. 13(3): 211-212; U.S. Department of Health
and Human Services. 2012. Preventing Tobacco Use Among Youth and Young
Adults: A Report of the Surgeon General. Atlanta: U.S. National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking
and Health, p. 537, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
[15]
U.S. Department of Health and Human Services, 2012. Preventing
Tobacco Use Among Youth and Young Adults: A Report of the Surgeon
General. Atlanta: U.S. National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
[16]
Food and Drug Administration. 2011. Fact Sheet: Flavored Tobacco
Products, www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCMI83214.pdf;
U.S. Department of Health and Human Services. 2012. Preventing Tobacco
Use Among Youth and Young Adults: A Report of the Surgeon General.
Atlanta: U.S. National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
[17]
See fn. 3 at p. 85.
[18]
Centers for Disease Control & Prevention. 2015. "Tobacco
Use Among Middle and High School Students — United States, 2011-2014,"
Morbidity and Mortality Weekly Report (MMWR) 64(14): 381-385;
[19]
Massachusetts Department of Public Health, 2015 Massachusetts
Youth Health Survey (MYHS)
[20]
310 CMR 30.136
[21]
Food and Drug Administration, Summary of Results: Laboratory
Analysis of Electronic Cigarettes Conducted by FDA, available at:
http://www.fda.gov/newsevents/publichealthfocus/ucm173146.htm.
[22]
See fn. 7.
[23]
King BA, Tynan MA, Dube SR, et al. 2013. "Flavored-Little-Cigar
and Flavored-Cigarette Use Among U.S. Middle and High School Students."
Journal of Adolescent Health. [Article in press], www.jahonline.org/article/S1054-139X%2813%2900415-l/abstract.
[24]
Druzik et al v. Board of Health of Haverhill, 324 Mass. 129
(1949).
This regulation is promulgated pursuant to the authority granted
to the Deerfield 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:
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 Deerfield Board of Health.
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 regardless of any content.
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 a 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.
Any card, paper, note, form, statement, ticket or other issue
distributed for commercial or promotional purposes to be later surrendered
by the bearer so as to receive an article, service or accommodation
without charge or at a discount price.
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, drug stores, doctor offices, optician/optometrist offices
and dentist offices.
A bottle or other vessel which contains nicotine in liquid
or gel form, whether or not combined with another substance or substances,
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 higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising
or display at the place where the tobacco product is sold or offered
for sale plus all applicable taxes if such taxes are not included
in the state price, and before the application of any discounts or
coupons.
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. RYO machines located in private
homes used for solely personal consumption are not non-residential
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.
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, liquid nicotine,
"e-liquids" 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 Deerfield 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 Deerfield 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. The owner or other
person in charge of a shop or other place used to sell hand-rolled
cigars must display a warning about cigar consumption in a sign at
least 50 square inches pursuant to 940 CMR 22.06(2)(e).
(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 Deerfield 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 that rely on vaporization or aerosolization,
as defined herein as "tobacco products," 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 Deerfield without first obtaining
a tobacco product sales permit issued annually by the Deerfield Board
of Health. Only owners of establishments with a permanent, non-mobile
location in Deerfield are eligible to apply for a permit and sell
tobacco products, as defined herein, at the specified location in
Deerfield.
B.
As part of the tobacco product sales permit application process,
the applicant will be provided with the Deerfield 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.
A separate permit, displayed conspicuously, is required for each
retail establishment selling tobacco products, as defined herein,
the fee for which shall be determined by the Deerfield Board of Health
annually.
E.
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.
F.
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.
G.
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 the permit holder has not satisfied any
outstanding permit suspensions.
H.
A tobacco product sales permit will not be renewed if the permit holder has sold a tobacco product to a person under the MLSA (§ 242-4A) three times within the previous permit year and the time period to appeal has expired. The violator may request a hearing in accordance with § 242-17, Violations, Subsection D.
I.
Maximum number of tobacco product sales permits.
(1)
At any given time, there shall be no more than eight tobacco product sales permits issued in Deerfield [reduced by the number of permits not renewed pursuant to Subsection I(2) below]. No permit renewal will be denied based on the requirements of this subsection, except any permit holder who has failed to renew his or her permit within 30 days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a "first-come, first-served" basis as issued permits are either not renewed, revoked, or are returned to the Board of Health.
(2)
As of January 1, 2017, any permit not renewed either because a retailer no longer sells tobacco products, as defined herein, or because a retailer closes the retail business, shall be returned to the Deerfield Board of Health and shall be permanently retired by the Board of Health and the total allowable number of tobacco product sales permits under Subsection I(1) shall be reduced by the number of the retired permits.
(3)
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.
(4)
Applicants who purchase an existing business that holds a current
tobacco product sales permit at the time of the sale of said business
must 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 Deerfield.
D.
The Deerfield 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 adult-only
retail tobacco stores.
No person or entity shall sell or distribute blunt wraps in
Deerfield.
A.
No person shall:
(1)
Distribute, or cause to be distributed, any free samples of tobacco
products, as defined herein;
(2)
Accept or redeem, offer to accept or redeem, or cause or hire any
person to accept or redeem or offer to accept or redeem any coupon
that provides any tobacco product, as defined herein, without charge
or for less than the listed or non-discounted price; or
(3)
Sell a tobacco product, as defined herein, to consumers through any
multi-pack discounts (e.g., "buy-two-get-one-free") or otherwise provide
or distribute to consumers any tobacco product, as defined herein,
without charge or for less than the listed or non-discounted price
in exchange for the purchase of any other tobacco product.
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 must comply with the provisions
of 310 CMR 30.000, and must provide the Deerfield Board of Health
with a written plan for disposal of said product, including disposal
plans for any breakage, spillage or expiration of the product.
C.
All retailers must comply with 940 CMR 21.05 which reads: "It shall
be an unfair or deceptive act or practice for any person to sell or
distribute nicotine in a liquid or gel substance in Massachusetts
after March 15, 2016 unless the liquid or gel product is contained
in a child-resistant package that, at a minimum, meets the standard
for special packaging as set forth in 15 U.S.C. §§ 1471
through 1476 and 16 CFR § 1700 et. seq."
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 non-residential roll-your-own machines are prohibited.
No health care institution located in Deerfield 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 drug store, shall sell or cause
to be sold tobacco products, as defined herein.
No educational institution located in Deerfield 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.
The sale or distribution of tobacco products, as defined herein,
must comply with those provisions found at 940 CMR 21.00 ("Sale and
Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic
Smoking Devices in Massachusetts").
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 $100.
(2)
In the case of a second violation within 24 months of the date of
the current violation, a fine of $200 and the tobacco product sales
permit may be suspended for seven consecutive business days.
(3)
In the case of three or more violations within a twenty-four-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 Deerfield 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 Deerfield Board of Health may 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.
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 January 1, 2017.
