[HISTORY: Adopted by the Town of Barnstable Board of Health 1-15-2013. Amendments
noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 371.
A.
Findings.
(1)
There exists conclusive evidence that tobacco use causes cancer,
respiratory and cardiac diseases, negative birth outcomes, irritations
to the eyes, nose and throat.
(2)
The U.S. Department of Health and Human Services has concluded that
nicotine is as addictive as cocaine or heroin.
(3)
The sale of tobacco products is incompatible with the mission of
health care institutions because it is detrimental to the public health
and undermines efforts to educate patients on the safe and effective
use of medication.
B.
Pursuant to MGL c. 111, § 31, the Town of Barnstable Board
of Health adopts the following regulation, to be adopted for the following
express purposes:
(1)
To protect the public health and welfare by restricting the sale
of tobacco in all health care institutions within the Town of Barnstable.
(2)
To eliminate the incompatibility of the mission of health care institutions
to treat and prevent disease with the spread of diseases caused by
the use of tobacco by those afflicted with related diseases and to
those not so afflicted but at risk for exposure by the availability
of tobacco at health care institutions, including, without limitation,
youths.
The Town of Barnstable, pursuant to MGL c. 111, § 31,
adopts these regulations as reasonable health regulations designed
to protect and improve the health of its residents.
As used in this article, the following terms shall have the
meanings indicated:
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 Ch. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00. Health care institution includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices, and dentist offices.
The passing of ownership for a price or as a gift.
Cigarette, cigar, pipe tobacco, chewing tobacco or other
tobacco product.
A.
No health care institution located in the Town of Barnstable shall
sell or allow the sale of tobacco products or cause tobacco products
to be sold.
B.
No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or allow the sale of tobacco products or cause tobacco products to be sold except as provided in Subsection C.
C.
Those wholesalers licensed under MGL c. 62, § 67, may sell
tobacco for wholesale only to resellers who possess a valid Massachusetts
tobacco retailer license and who are registered through the Department
of Revenue to collect sales tax. Additionally, tobacco products sold
by wholesalers shall be stored away from the retail sales area and
not visible to non-resellers.
Every health care institution and retail establishment that
operates or has a health care institution within it where tobacco
sales are prohibited by this regulation shall conspicuously display
on the premises, including the primary entrance doorways, signs reading
"Tobacco Products Not Sold Here."
B.
A warning shall be issued for a first offense. A fine of up to $100
may be issued for the second offense, up to $200 for a third offense,
up to $300 for a fourth offense, and up to $300 for any subsequent
offense.
C.
No provision, clause or sentence of this section of this regulation
shall be interpreted as prohibiting any Town of Barnstable department
or board from suspending or revoking licenses or permits issued by
and within the jurisdiction of such departments for repeated violations
of this regulation.
D.
In addition to the remedies provided by Subsections B and C above, the Board of Health or any person aggrieved by the failure of the proprietor or other person in charge of a health care institution to comply with any provision of this article may apply for injunctive relief to enforce the provisions of this article in any court of competent jurisdiction.
E.
The Board of Health or its designee(s) shall enforce this regulation.
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.
These regulations shall become effective on Tuesday, March 26,
2013, which is 60 days after publication.
