[HISTORY: Adopted by the Board of Health
of the Town of Eastham 3-3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations also superseded former Ch.
311, Sale of Tobacco Products, adopted 3-5-2020.
It is well established that tobacco use remains the leading preventable cause of disease and death in the United States and that the addictive effects of nicotine make cessation of smoking once started extremely difficult especially for those who begin smoking as adolescents, as well as posing possible risk to their brain development. It is also established that flavored tobacco products are starter products that help establish smoking habits. The Board of Health therefore has adopted these regulations under the authorities cited in § 311-2 below to promote public health in the Town of Eastham.
This regulation is promulgated pursuant to the authority granted
to the Eastham Board of Health by MGL c. 111, § 31, which
states, "Boards of health may make reasonable health regulations";
105 CMR 665.000 which states, "The provisions of 105 CMR 665.000 shall
not limit the right of an appropriate authority in a city or town
to adopt rules and regulations as may be necessary; provided, however,
that such a rule or regulation shall not conflict with regulations
promulgated by the department [of public health] or state or federal
laws"; MGL c. 112, § 61A, which bans tobacco sales in health
care institutions; and MGL c.111, § 30, authorizing the
use of emergency procedures.
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 age of 21 is prohibited at all times, and
that maintains a valid permit for the retail sale of tobacco products
as required to be issued by the Eastham 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.
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, imparted or detectable either prior to or during
consumption of a tobacco product, including, but not limited to, tastes
or aromas relating to any fruit, chocolate, vanilla, honey, candy,
cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, 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 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.
Any card, paper, note, form, statement, ticket, or other
communication 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 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.
An electronic device, whether for one-time use or reusable,
that can be used to deliver nicotine or another substance to a person
inhaling from the device, including, but not limited to, electronic
cigarettes, electronic cigars, electronic cigarillos, electronic pipes,
vaping pens, hookah pens and other similar devices that rely on vaporization
or aerosolization; provided, however, that "electronic nicotine delivery
system" shall also include any noncombustible liquid or gel that is
manufactured into a finished product for use in such electronic device;
provided further that "electronic nicotine delivery system" shall
also include any component, part or accessory of a device used during
the operation of the device even if the part or accessory was sold
separately; provided further that "electronic nicotine delivery system"
shall not include a product that has been approved by the United States
Food and Drug Administration for the sale of or use as a tobacco cessation
product or for other medical purposes and is marketed and sold or
prescribed exclusively for that approved purpose.
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 operates at a health care institution
or has a health care institution located on or within its premises;
provided, however, that a retail establishment that provides optician,
optometric, hearing aid or audiology services but is not subject to
regulation by the Board of Registration in Pharmacy shall not be considered
a health care institution. Health care institutions include, but are
not limited to, hospitals, clinics, health centers, pharmacies, drug
stores, doctor offices, and dentist offices.
A package from which nicotine or other substance in a solution
or other form is accessible through normal and foreseeable use by
a consumer and that is used to hold a soluble nicotine or other substance
in any concentration; provided, however, that "liquid nicotine container"
shall not include a sealed, prefilled and disposable container of
nicotine or other substance in a solution or other form in which the
container is inserted directly into an electronic cigarette, electronic
nicotine delivery system or other similar product if the nicotine
or other substance in the container is inaccessible through customary
or reasonably foreseeable handling or use, including reasonably foreseeable
ingestion or other contact by children.
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 stated price, and before the application of any discounts or
coupons.
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 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.
Refers to those requirements established by the Eastham Board of Health that are not required by 105 CMR 665.000. A list of these provisions is set out in § 311-33 below.
Any establishment that is a smoking bar, an adult-only retail
tobacco store or a general merchandise store that sells tobacco.
Any display from which customers may select a tobacco product,
as defined herein, without assistance from employee or store personnel.
Any chemical or chemical compound in mainstream or side stream
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: i) exclusively occupies an enclosed
indoor space and is primarily engaged in the retail sale of tobacco
products for consumption by customers on the premises; ii) derives
revenue from the sale of food, alcohol or other beverages that is
incidental to the sale of a tobacco product and prohibits entry to
a person under 21 years of age; iii) prohibits a food or beverage
not sold directly by the establishment from being consumed on the
premises; iv) maintains a valid permit for the retail sale of a tobacco
product as required to be issued by the appropriate authority in the
Town; and v) maintains a valid permit issued by the Department of
Revenue to operate as a smoking bar.
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 nicotine delivery
systems or any other similar products, regardless of nicotine content,
that rely on vaporization or aerosolization. "Tobacco product" also
not includes any component, part or accessory 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 product designed, manufactured, produced, marketed, or
sold to produce a characterizing flavor when added to any tobacco
product.
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 product, as defined herein.
A.Â
No person shall sell or provide a tobacco product to a person under
21 years old.
B.Â
Retail establishments other than retail tobacco stores or smoking
bars shall not place any tobacco product on the counter but shall
place all tobacco products for sale behind the counter where retail
sales are made in the establishment and out of the reach of consumers.
C.Â
No person shall sell an electronic nicotine delivery system with
nicotine content greater than 35 milligrams per milliliter outside
of a retail tobacco store or smoking bar.
D.Â
Retail establishments may sell or provide unflavored electronic nicotine
delivery systems with nicotine content less than or equal to 35 milligrams
per milliliter. Prior to the sale of such a product in a retail establishment
other than a retail tobacco store or smoking bar, such retail establishment
shall obtain documentation from the product's manufacturer or
the manufacturer's agent in a form and manner specified by the
Massachusetts Department of Public Health indicating, at a minimum,
the nicotine content expressed as milligrams per milliliter for each
electronic nicotine delivery system to be sold in the retail establishment.
A retail establishment may obtain such documentation through a distributor,
provided the distributor obtained such documentation from the product
manufacturer or the manufacturer's agent. The owner, retailer,
or other person in charge of the retail establishment must maintain
record of the nicotine content submitted by the manufacturer for each
electronic nicotine delivery system sold or offered for sale within
the retail establishment and provide such records upon request of
the Board of Health or its agents.
E.Â
Prior to the sale of a tobacco product, a retail establishment other
than a smoking bar shall obtain documentation from the product's
manufacturer or the manufacturer's agent in a form and manner
specified by the Department, certifying such tobacco product does
not meet the definition of a "flavored tobacco product" or "tobacco
product flavor enhancer," and that the product lacks any characterizing
flavor. A retail establishment may obtain such documentation through
a distributor, provided the distributor obtained such documentation
from the product manufacturer or the manufacturer's agent. The
owner, retailer, or other person in charge of the retail establishment
must maintain record of the certification documentation submitted
by the manufacturer for each tobacco product sold or offered for sale
within the retail establishment and provide such records upon request
of any authorized enforcement agent, including boards of health or
their agents and the Department or its agents.
F.Â
No person shall sell, distribute, cause to be sold or distributed,
or offer for sale to a consumer located in the commonwealth a flavored
tobacco product or tobacco product flavor enhancer, except for a smoking
bar for on-site consumption only in accordance with federal law and
regulations.
G.Â
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.
Each person selling or distributing tobacco products or admitting
entrance into a smoking bar or adult-only-retail tobacco store, as
defined herein, shall first verify the age of the purchaser or entrant
is 21 or older by means of a valid government-issued photographic
identification containing the bearer's date of birth proving
that the purchaser is 21 years old or older.
A.Â
All retail establishments, including smoking bars and adult-only
retail tobacco stores, shall conspicuously post signage inside the
establishment, in the form developed and made available by the Massachusetts
Department of Public Health. Such signage shall include: i) a copy
of MGL c. 270, §§ 6 and 6A; ii) referral information
for smoking cessation resources; iii) a statement that sale of tobacco
products, including e-cigarettes, to someone younger than 21 years
of age is prohibited; iv) health warnings associated with using electronic
nicotine delivery systems; and v) except in the case of smoking bars,
notice to consumers that the sale of flavored electronic nicotine
systems is prohibited at all times. Such signage 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.
B.Â
All smoking bars and adult-only retail tobacco stores shall post
signage, in the form developed and made available by the Massachusetts
Department of Public Health, on the exterior of the door providing
entrance to the tobacco retail store or smoking bar, and such sign
shall not be obstructed from view or placed at a height of less than
four feet or greater than nine feet from the bottom of the door. Such
signage shall state that "No person younger than 21 years old is permitted
on the premises at any time."
C.Â
All smoking bars and those adult-only retail tobacco stores that
allow for on-site consumption of tobacco products shall post signage,
in the form developed and made available by the Massachusetts Department
of Public Health, on the exterior of the door providing entrance to
the tobacco retail store or smoking bar, and such sign shall not be
obstructed from view or placed at a height of less than four feet
or greater than nine feet from the bottom of the door. Such signage
shall warn persons entering that smoking and vaping may be present
on the premises, and provide information concerning the health risks
associated with secondhand smoke and the use of tobacco products,
including electronic nicotine delivery systems.
A.Â
No person shall sell or otherwise distribute or offer for sale tobacco
products, as defined herein, within the Town of Eastham without first
obtaining a tobacco product sales permit issued annually by the Eastham
Board of Health. Only owners of establishments with a permanent, nonmobile
location in Eastham are eligible to apply for a permit and sell tobacco
products at the specified location in Eastham.
B.Â
As part of the tobacco product sales permit application process,
the applicant will be provided with the Eastham 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.Â
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.Â
The fee for a tobacco product sales permit shall be determined by
the Eastham Board of Health annually.
E.Â
A separate permit is required for each retail establishment selling
tobacco products, as defined herein.
F.Â
Each tobacco product sales permit shall be displayed at the retail
establishment in a conspicuous place.
G.Â
No tobacco product sales permit holder shall allow any employee to
sell tobacco products, as defined herein, until such employee reads
this regulation and federal and state laws regarding the sale of tobacco
products and signs a statement, a copy of which will be placed on
file in the office of the employer, that he/she has read the regulation
and applicable state and federal laws.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
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.
L.Â
As of the effective date of this regulation, no new adult-only retail
tobacco stores shall be located within 25 feet of an existing retailer
with a tobacco product sales permit.
No retail establishment shall sell or distribute blunt wraps
in Eastham.
No person shall 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 nondiscounted
price. No retail establishment that is not a retail tobacco store
or smoking bar, or any other establishment, shall distribute or cause
to be distributed a free sample of a tobacco product.
A.Â
The sale 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.Â
No person shall refill a cartridge that is prefilled and sealed by
the manufacturer and not intended to be opened by the consumer or
retailer.
No person shall knowingly sell or provide:
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 as defined herein located in Eastham
shall sell or cause to be sold tobacco products, as defined herein.
No educational institution located in Eastham 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.Â
It shall be the responsibility of any person to ensure compliance
with 105 CMR 665.000. If an inspection pursuant to 105 CMR 665.000
reveals a retail establishment, retailer, and/or his or her business
agent does not comply with the provisions of 105 CMR 665.000, the
retail establishment shall be ordered to comply with the violated
provisions of 105 CMR 665.000. In addition to the correction order,
the following fines and actions apply against any person who violates
105 CMR 665.000; provided, however, that such fines and actions related
to any violation within a retail establishment shall apply against
the retailer and/or his or her business agent and not an employee
thereof:
(1)Â
In the case of a first violation, a fine of $1,000 shall be imposed.
(2)Â
In the case of a second violation within a period of 36 months from
the first violation, a fine of $2,000 shall be imposed; and a prohibition
on the sale of tobacco products may be imposed for seven consecutive
business days.
(3)Â
In the case of a third violation within a period of 36 months from
the first violation or additional violations during that time period,
a fine of $5,000 shall be imposed; and a prohibition on the sale of
tobacco products may be imposed for 30 consecutive business days.
(4)Â
Where the first violation is sale of a tobacco product to a person
younger than 21 years old, the retail establishment shall be prohibited
from selling tobacco products for up to three days.
(5)Â
Any retail establishment that violates 105 CMR 665.015(A)(1) or 105
CMR 665.015(A)(2) shall additionally be subject to a fine of not more
than $50. Any person found to have unlawfully removed a copy of the
postings required by 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2)
shall be punished by a fine of $10.
B.Â
Failure to cooperate with inspections pursuant to 105 CMR 665.000
shall result in the prohibition of the sale of tobacco products for
30 consecutive business days.
C.Â
Failure to pay a fine imposed pursuant to 105 CMR 665.000 shall constitute
a separate violation of 105 CMR 665.000 subject to the penalties set
forth above.
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. If inspection reveals a retail establishment,
retailer, and/or his or her business agent does not comply with the
provisions specific to the Eastham Board of Health, the retail establishment
shall be ordered to comply with the violated provision. In addition
to the correction order, the following fines and actions apply against
any person who violates the specific provisions; provided, however,
that such fines and actions related to any violation within a retail
establishment shall apply against the retailer and/or his or her business
agent and not an employee thereof:
A.Â
In the case of a first violation, a fine of $100 shall be imposed.
B.Â
In the case of a second violation within 36 months of the date of
the first violation, a fine of $200 shall be imposed and the tobacco
product sales permit shall be suspended for seven consecutive business
days.
C.Â
In the case of three or more violations within a thirty-six-month
period, a fine of $300 shall be imposed and the tobacco product sales
permit shall be suspended for 30 consecutive business days.
D.Â
In the case of further violations or repeated, egregious violations
of the Eastham-specific provisions of these regulation within a thirty-six-month
period, the Board of Health may revoke a tobacco product sales permit.
E.Â
Refusal to cooperate with inspections related only to the Eastham-specific
provisions of this regulation shall result in the suspension of the
tobacco product sales permit for 30 consecutive business days.
F.Â
In addition to the monetary fines set out 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.
Each day any violation of 105 CMR 665.000 exists shall be deemed
to be a separate offense.
All tobacco products shall be removed from visible display in
the retail establishment upon any suspension from operating as a retail
establishment, or revocation of a tobacco sale permit. Failure to
remove from visual display all tobacco products shall constitute a
separate violation of 105 CMR 665.000.
A retail establishment shall be provided notice of the intent
to suspend or prohibit the sale of tobacco products at or by the retail
establishment. The notice shall contain the reasons therefor and establish
a time and date for a hearing, which date shall not be earlier than
seven days after the date of such notice. The retail establishment,
retailer or his or her business agent shall have an opportunity to
be heard at such hearing and shall be notified of the decision regarding
the retail establishment's prohibition from selling tobacco products
and monetary penalties and the reasons therefor in writing. After
a hearing, the retail establishment may be prohibited from selling
tobacco products upon a finding that a violation of these regulations
for which such prohibition is applicable 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.
A.Â
Unless otherwise specified in 105 CMR 665.055(F), the person or persons
to whom any order or notice of intent to impose a penalty has been
served pursuant to any section of these regulations may request a
hearing before the Board of Health by filing with the Board of Health
within seven days after the day the order was served, or within seven
days after the notice was mailed, as applicable, a written petition
requesting a hearing on the matter. Upon receipt of such petition,
the Board of Health shall set a time and place for such hearing and
shall inform the petitioner thereof in writing.
B.Â
The hearing shall be commenced not later than 30 days after the day
on which the order was served or notice mailed. The Board of Health,
upon application of the petitioner, may postpone the date of hearing
for a reasonable time beyond such thirty-day period if in the judgment
of the Board of Health the petitioner has submitted a good and sufficient
reason for such postponement.
C.Â
At the hearing, the petitioner shall be given an opportunity to be
heard and to show why the order should be modified or withdrawn.
After the hearing, the Board of Health shall sustain, modify,
or withdraw the order or notice and shall inform the petitioner, in
writing, of its decision. If the Board of Health sustains or modifies
the order, it shall be carried out within the time period allotted
in the original order or in the modification.
Every notice, order, or other record prepared by the Board of
Health in connection with the hearing shall be entered as a matter
of public record in the office of the Clerk of the Town or in the
office of the Board of Health.
If a written petition for a hearing is not filed with the Board
of Health within seven days after the day an order has been served
or 10 days after a notice has been mailed or if after a hearing the
order has been sustained in any part, each day's failure to comply
with the order as issued or modified shall constitute an additional
violation.
Any person aggrieved by the final decision of the Board of Health
with respect to any order or other action taken may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this commonwealth.
A.Â
An order to cease and desist may be issued by the Department or Board
of Health to a person or a business agent of a retail establishment
upon the regulatory authority's reasonable belief that:
(1)Â
A person is conducting sales of tobacco products in violation of
the law, regulations, and/or standards applicable to it;
(2)Â
A person refuses access to the premises and/or records to authorized
enforcement agents;
(3)Â
A person or retail establishment is operating in a manner that may
pose an imminent danger to the public health;
(4)Â
A retail establishment has failed to comply with a correction order
within the time specified; or
(5)Â
A retail establishment is operating in a manner that is unsafe or
otherwise below the accepted standards for the type of operation and
summary closure is authorized by statute on these grounds.
B.Â
Service of orders to cease and desist shall be on the person or retail
establishment or business agent of the retail establishment by:
C.Â
Notice is deemed to be served if the person or retail establishment
or business agent of the retail establishment has actual notice of
the order to cease and desist.
A.Â
Unless otherwise stated in 105 CMR 665.000, orders issued under the
provisions of 105 CMR 665.000 shall be served on all persons responsible
for the violation; provided, however, that such fines and actions
related to any violation within a retail establishment shall apply
against the retailer and/or his or her business agent and not an employee
thereof.
B.Â
These orders shall be served in the following manner:
(1)Â
Personally, by any person authorized to serve civil process;
(2)Â
By any person authorized to serve civil process by leaving a copy
of the order at his or her last and usual place of abode;
(3)Â
By sending him or her a copy of the order by registered or certified
mail, return receipt requested, if he is within the commonwealth;
or
(4)Â
If his or her last and usual place of abode is unknown or outside
the commonwealth, by posting a copy of the order in a conspicuous
place on or about the premises and by advertising it for at least
three out of five consecutive days in one or more newspapers of general
circulation within the municipality wherein the building or premises
affected is situated.
Whenever an emergency related to tobacco products exists in
which the interest of protecting the public health requires that ordinary
procedures be dispensed with, the Board of Health or its authorized
agent, acting in accordance with the provisions of MGL c. 111, § 30,
may, without notice or hearing, issue an order reciting the existence
of the emergency and requiring that such action be taken as the Board
of Health deems necessary to meet the emergency. Any person to whom
such order is directed shall comply therewith within the time specified
in the order; provided, however, that such fines and actions related
to any violation within a retail establishment shall apply against
the retailer and/or his or her business agent and not an employee
thereof. Each day's failure to comply with the order shall constitute
a separate offense. Upon compliance with the order and within seven
days after the day the order has been served, he or she may file a
written petition in the office of the Board of Health requesting a
hearing. He or she shall be granted a hearing as soon as possible,
but not later than 10 days after the filing of the petition. The procedures
for such hearing shall otherwise conform with the hearing requirements
which would have existed had the order been issued under nonemergency
circumstances.
Enforcement of this regulation shall be by the Eastham Board
of Health or its designated agent(s).
Any person who desires to register a complaint pursuant to the
regulation about an establishment within Eastham may do so by contacting
the Eastham Board of Health or its designated agent(s), and the Board
shall investigate.
These provisions are as follows:
B.Â
Prohibition of the sale of blunt wraps.
C.Â
Prohibition of self-service displays.
D.Â
Prohibition of vending machines containing tobacco products.
E.Â
Prohibition of nonresidential roll-your-own machines.
F.Â
Prohibition of tobacco sales by health care institutions.
G.Â
Prohibition of tobacco sales by educational institutions.
These regulations are effective on April 3, 2022, by the Board
of Health.
