[Added 3-4-2025]
A. 
Whereas, Kratom, a tree-like plant indigenous to Southeast Asia, produces stimulant and sedative effects when orally ingested in tablet, capsule, or extract form. Kratom leaves can be chewed or dried and ingested as a tea. Use of Kratom can lead to psychotic symptoms, and psychological and physiological dependence because it contains mitragynine and 7-hydroxymitragynine, two major psychoactive ingredients.
Note: Drug Enforcement Admin., Get Smart About Drugs, available at http://www.getsmartaboutdrugs.gov (last visited February 13, 2023).
B. 
Whereas, Kratom is not regulated by the State of Massachusetts or the federal government.
C. 
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 public health by any rational means."
Note: Druzik v. Bd. of Health of Haverhill, 324 Mass. 129, 139 (1949) (citing Lawrence v. Bd. of Registration in Med., 239 Mass. 424, 428 (1921)).
D. 
Therefore, in furtherance of its mission to protect, promote, and preserve the health and well-being of its residents, and pursuant to the authority granted to the Chelmsford Board of Health pursuant to MGL c. 111, § 31, the Board of Health enacts this regulation prohibiting the manufacturing, sale, and distribution of Kratom.
For the purposes of this regulation, the following words shall have the following meanings:
BOARD
The Chelmsford Board of Health.
BUSINESS AGENT
An individual who has been designated by the owner or operator of any business to be the manager or otherwise in charge of said establishment.
COMPLIANCE CHECK
An enforcement activity where a person is sent into an establishment to attempt to purchase a restricted or prohibited product.
KRATOM
Refers to the leaves or an herbal extract from the leaves or other parts of an evergreen tree in the Rubiaceae family native to Southeast Asia called Mitragyna Speciosa, that contains as its primary compounds, mitragynine and 7-hydroxymitragynine, which produces stimulant-like effects in low dosages and opioid-like effects in high dosages, and it may be marketed in different forms, including but not limited to smokeable products, tea, capsules, and as an additive to soft drinks or other products.
PERSON
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.
No person shall manufacture, distribute, sell, or offer for sale Kratom in any of its forms, as defined herein, or any Kratom-derived products, or any products containing Kratom as an additive in the Town of Chelmsford.
A. 
Any person or entity charged with violating this regulation shall receive a notice of violation from the Chelmsford Board of Health or its designated agent(s).
B. 
It shall be the responsibility of the establishment owner and/or his or her manager or business agent to ensure compliance with this regulation. The violator shall receive:
(1) 
In the case of a first violation a fine of $1,000.
Note: Entities which do not sell tobacco products shall be subject to a $1,000 fine for all violation(s). Entities which sell tobacco products shall be subject to the scaled fines described below.
(2) 
In the case of a second violation within 36 months from the first violation, a fine of $2,000, and a suspension of any permit issued by the Board, including but not limited to a permit to sell tobacco products, for seven consecutive business days.
(3) 
In the case of three or more violations within a 36-month period, a fine of $5,000 and a revocation of any permit issued by the Board, including but not limited to a permit to sell tobacco products.
C. 
Every day that a violation exists shall be deemed to be a separate offense. If multiple violations occur stemming from the same inspection or compliance check, they shall be treated as separate violations.
D. 
Payment of a fine is not required while an appeal is pending.
E. 
Any person who receives notice of a violation of this regulation may request an appeal hearing before the Board. The request must be made in writing, signed by the violator or the violator's attorney, and filed with and received by the Chelmsford Health Department within 10 business days of the date the notice of violation was received by the violator.
F. 
The Board shall schedule a hearing within 21 days of receipt of an appeal from any person appealing a fine issued pursuant to § 201-146B(1). The Board's decision shall be final and further appeal shall be to a court of competent jurisdiction.
G. 
Any resident who desires to register a complaint pursuant to this regulation may do so by contacting the Chelmsford Health Department.
H. 
Before suspending or revoking any permit issued by the Chelmsford Board of Health, including a permit to sell tobacco products, the Board shall provide notice of the intent to suspend or revoke such permit, which notice shall contain the reasons therefor and shall establish a time and date for a hearing, to be held no earlier than 10 business days from the date of receipt of the notice. Appeals of fines issued and combined with a notice of suspension or revocation of permit(s) pursuant to § 201-146B(2) to (3) shall be subject to the hearing process described in this § 201-146H. The permit holder or their designee shall have the opportunity to be heard and shall be notified of the Board's decision and the reasons therefor in writing. If after hearing, the Board finds that a violation of this regulation occurred, the Board shall suspend or revoke the subject permit and uphold any associated fines. Such suspension or revocation shall not be carried out sooner than 10 business days of the date of receipt of the Board's decision. For purposes of such suspensions or revocations, the Board shall carry them out unless it receives an order of stay or injunction from the appropriate court before the date the suspension or revocation is set to go into effect. Upon suspension or revocation of a permit, all products subject to that permit must be removed from the retail establishment. Failure to remove such products shall constitute a separate violation of this regulation. Multiple permit suspensions may not be served concurrently.
I. 
Failure to comply with the terms of a permit suspension imposed pursuant to this regulation may subject the permit holder to additional fines, as provided in § 201-146B, and suspension of all Board-issued permits for 30 consecutive business days.
Enforcement of this regulation shall be carried out by the Chelmsford Board of Health or its designated agent(s).
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 regulation shall take effect by vote of the Board of Health at its regularly scheduled meeting held on March 4, 2025, and is to be in full force effect immediately as of March 5, 2025.