[HISTORY: Adopted by the Board of Health
of the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
[Adopted effective 4-1-2005; last amended 3-21-2013]
A.
Of the Massachusetts children alive today (persons under the age
of 20), based on current smoking rates, more than 100,000 will be
killed prematurely by tobacco use.
B.
The earlier children begin to use tobacco, the more likely they are
to become heavy smokers, have a harder time quitting, and die of tobacco-related
illness. Young smokers underestimate the harmful effects of tobacco
use and do not recognize the process that quickly leads them to addiction.
C.
The Walpole Board of Health finds cigarette smoking and other tobacco
use by minors to be a continuing problem with grave public health
consequences. In recognition of the Surgeon General's conclusion
that nicotine is as addictive as cocaine or heroin, action is needed
to curtail the easy access of minors to cigarettes and other tobacco
products.
D.
Accordingly, the Walpole Board of Health is implementing a strict
and enforceable system to prevent the illegal sale of cigarettes and
other tobacco products to minors.
The following words and phrases, whenever used in this regulation,
shall be construed as defined in this section:
The Board of Health of the Town of Walpole.
An electrical device hard wired to a vending machine. The
device must be activated by an employee.
An individual, partnership, corporation, business, firm,
association or group, including a city, town, county, or other governmental
unit.
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.
Displays of tobacco products from which individual packages,
multipacks, or cartons of tobacco products may be selected by the
customer.
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.
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.
The Town of Walpole.
A.
In conformance with Town of Walpole regulations, cigarettes, chewing
tobacco, snuff or any tobacco in any of its forms shall not be sold
to any person under the age of 19 or, a person, not being his parent
or guardian, shall not give a cigarette, chewing tobacco, snuff, or
tobacco in any of its forms to any person under the age of 19.
B.
No person shall sell cigarettes or other tobacco products to a person
under 19 years of age who has a note from an adult requesting such
sale.
A.
This Town of Walpole regulation 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 to be posted shall
be that notice provided by the Massachusetts Department of Public
Health.
B.
Such notice shall be at least 48 square inches and shall be posted
at the cash register which receives the greatest volume of cigarette
package sales in such a manner so that it may be readily seen by a
person standing at or approaching the cash register.
C.
Such notice shall directly face the customer 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. For all other cash registers that sell
cigarettes, a notice shall be attached that is not smaller than nine
square inches, which is the size of the sign provided by the Massachusetts
Department of Public Health.
D.
Such notice must be posted in a manner so that is may be readily
seen by a person standing at or approaching the cash register. Such
notice shall directly face the purchaser and shall not be obstructed
from view or placed at a height of less than four feet or more than
nine feet from the floor.
A.
No retailer shall sell or permit to be sold cigarettes or other tobacco
products to an individual without requesting and examining identification
establishing the purchaser's age as 19 years or greater unless
the seller has some other conclusive basis for determining the buyer's
age is 19 years or greater.
B.
Each retailer shall verify by means of photographic identification
containing the bearer's date of birth that no such person purchasing
the product is younger than 19 years of age. No such verification
is required for any person 27 years or older.
C.
The establishment's owners and/or managers are responsible for
all of his or her employees' training and enforcement of these
regulations.
A.
It is unlawful for a retailer to sell cigarettes or other tobacco
products unless that retailer holds and maintains a valid registration
from the Town of Walpole for each location in which tobacco products
are sold. The term of the registration shall be one year, renewed
on January 1, if the applicant complies with the provisions of this
chapter. Such registration shall be renewed annually at the current
Board of Health fee schedule.
B.
A tobacco retail registration is nontransferable. A new registration
will be issued to a tobacco retailer who changes locations.
C.
Sales of tobacco are not allowed in restaurants as defined in this
regulation.
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.
A.
The penalties for the following are a fine of $50 for each violation
or day of noncompliance and/or suspension of any license issued by
the Board of Health for that place for a period of up to two days
for each violation:
(1)
Tobacco retailers not posting the Town of Walpole warning sign.
(2)
Tobacco retailers not possessing a valid tobacco registration from
the Walpole Health Department.
(3)
The improper placement and/or operation of a vending machine.
(4)
Out-of-package sales of tobacco products.
(5)
Use of a freestanding display.
(6)
Improper placement of a self-service display.
(7)
Improper distribution of tobacco products/coupons in the Town of
Walpole.
(8)
Failure to have minor employees sign an affidavit that they have
read and understand the tobacco regulations.
B.
The penalties for sales of tobacco products to minors which shall
be levied on the storeowner, who shall appear before the Board of
Health with a written prevention action plan to ensure that tobacco
products will not be sold to minors.
(1)
First offense: fine of $200 and suspension of selling tobacco products
for two days.
(2)
Second offense during a three-year period: fine of $300 and suspension
of selling tobacco products for four days.
(3)
Third offense during a three-year period: fine of $300 and suspension
of selling tobacco products for seven days.
(4)
Subsequent offenses during a three-year period: fine of $300 and
further penalties to be determined at a hearing of the Board of Health.
C.
The suspension dates for selling cigarettes will be at the discretion
of the Board of Health and are not necessarily consecutive. The store
shall post an appropriate sign visible to customers that tobacco sales
have been suspended per order of the Board of Health.
D.
Notwithstanding any specific penalties listed above, the Board of
Health at all times may consider the revocation of the registration
to sell tobacco after a hearing and opportunity to be heard. All penalties
shall be applied to the holder of the retail tobacco registration,
where such registration exists, or to the person violating any regulation,
where a retail tobacco registration is not required.
F.
In addition to other remedies available under any other law, this
regulation, any conditions under which a registration issued, or any
decision rendered by the Walpole Board of Health may be enforced by
and at the discretion of MGL c. 40, § 21D, which provides
for noncriminal disposition of such offenses.
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.
[Adopted 10-12-2010]
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:
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.
Any single individual, group of individuals, corporation,
partnership, institution, employer, association, firm or any other
legal entity whether public or private.
Any product composed either in whole, or in part, of nicotine
and manufactured for use with nicotine delivery products, including,
but not limited to, e-cigarettes.
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.
Any store that sells goods or articles of personal services
to the public.
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.
B.
Each calendar day an entity operates in violation of any provision
of this regulation shall be deemed a separate violation.
C.
No provision, clause or sentence of this section of this regulation
shall be interpreted as prohibiting the Board of Health or a Town
of Walpole department or agency from suspending or revoking any license
or permit issued by and within the jurisdiction of such departments
or agencies for repeated violations of this regulation.
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.
