BOARD OF HEALTH OFFICE
9 CORDAVILLE ROAD
SOUTHBOROUGH, MA 01772
BOARD OF HEALTH PHONE (508) 481-3013
TOBACCO CONTROL REGULATIONS
RULES AND REGULATIONS RELATIVE TO THE RESTRICTION OF SALE, VENDING AND DISTRIBUTION OF TOBACCO AND TOBACCO PRODUTS WITHIN THE TOWN OF SOUTHBOROUGH
In accordance with the authority granted by the Massachusetts General Laws Chapter 111, Section 31, the Southborough Board of Health hereby adopts the following rules and regulations restricting the sale, vending and distribution of tobacco and tobacco products within the Town of Southborough.
Section I – STATEMENT OF PURPOSE
Whereas there exists conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas more than eighty percent of all smokers begin smoking before the age of eighteen years (Centers of Disease Control and Prevention, “Youth Surveillance – United States 2000,” 50 MMWR 1 (Nov. 2000); and whereas nationally in 2000, sixty nine percent of middle school age children who smoke at least once a month were not asked to show proof of age when purchasing cigarettes (Id.); and whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin; and whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major problem; and whereas 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; now, therefore it is the intention of the Southborough Board of Health to regulate the access of tobacco products
Section II – Definitions
As used in this regulation:
Minor means any person less than eighteen (18) years of age.
Tobacco Product means cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, or tobacco in any of its forms. Vehicles (patches, lozenges, tablets, etc.) designed to deliver nicotine are excluded from this category.
Health Care Institution: 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 M.G.L. 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.
Section III – Prohibitions
- Prohibition of the Sale of Tobacco Products by Health Care Institutions
No health care institution located in the town of Southborough shall sell or cause to be sold tobacco products. No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or cause to be sold tobacco products.
2. Tobacco Sales to Minors Prohibited
(A) Sales to Minors: In conformance with Massachusetts General Laws Chapter 270, Section 6, No person shall sell a cigarette, chewing tobacco, snuff or any tobacco product in any of its forms to any person under the age of eighteen (18). It shall also be prohibited in the Town of Southborough to give a cigarette, chewing tobacco snuff or any tobacco product in any of its forms to any person under the age of eighteen (18) not being his/her parent or legal guardian.
(B) Posting of State Law. In conformance with Massachusetts General Laws, Chapter 270 section 7, a copy of Massachusetts General Laws Chapter 270, Section 6, shall be posted conspicuously by the owner or person in charge of the establishment or place used to sell cigarettes at retail, and whoever violates this provision shall be punished by a fine of fifty dollars ($50). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10).
(C) Sales Personnel: No person permitted to sell tobacco products shall allow anyone in his or her employ to sell cigarettes or other tobacco products until such employee within one week (7 days) of employment reads the Southborough Board of Health Tobacco Control Regulations and Massachusetts General Laws Chapter 270, Section 6, regarding sale of tobacco products to minors and signs a statement that he/she understands the regulations. It shall be the responsibility of the permit holder to inform the employees as to the Southborough Board of Health Tobacco Regulations and Massachusetts General Laws Chapter 270, Section 6.
(D) Individual Cigarette Sales: The sale of individual cigarettes is prohibited in the Town of Southborough. The sale or distribution of tobacco products in any form such other than an original factory-wrapped package is prohibited.
(E) Free Distribution/Sampling. No free tobacco products shall be distributed or sampled within the Town of Southborough.
(F) Self-Serve Displays: Self-serve displays of tobacco products, from which the tobacco products may be selected by the consumer, are prohibited in the Town of Southborough.
(G) Vending Machines: Starting February 1, 2005 vending machines used for selling or dispensing tobacco products are prohibited.
Section IV - Permits
(A) No person, firm, corporation, establishment or agency shall sell tobacco at retail within the Town of Southborough without a Tobacco Permit issued by the Board of Health.
The Tobacco Permit shall be valid for two (2) years unless otherwise suspended or revoked for cause or violation of these and/or other regulations
(B) An application for a Tobacco Permit shall be filed within 30 days following the effective date of this Board of Health regulation on a form provided by the Southborough Board of Health.
A renewal application must be completely filled out and submitted to the Board of Health office with the appropriate renewal fee thirty (30) days prior to the expiration of the previous Tobacco Permit. If the renewal application and fee are not submitted by the time the original permit expires, sale of tobacco products must cease until a Renewal Permit is issued. Renewal applications filed after the original permit has expired are subject to a $50.00 late filing fee.
(C) The fee for a two-year Tobacco Permit shall be $200.00. The fee for a two-year Renewal Tobacco Permit shall be $200.00
(D) The Tobacco Permit must be posted in conspicuous view of the public.
(E) Each location shall require a separate Tobacco Permit.
Section V- Penalties
A permit shall be suspended after notice and opportunity to be heard as follows:
1. In the case of the first violation of Section III - (A), the permitee shall be fined two hundred dollars ($200.) and shall be notified in writing of penalties levied for further violations.
2. In the case of the second violation of Section III - (A), within a twelve month period, the permitee shall be fined four hundred dollars ($400.) and the permit shall be suspended for seven (7) consecutive days.
3. In the case of three or more violations of Section III - (A) within a twelve month period, the permitee shall be fined six hundred dollars ($600.) and the permit shall be suspended for fourteen (14) consecutive days.
4. Any person or entity failing to comply with any of the following of Section III - (C), (D), (E), (F) and (G) shall be punished by suspension of Tobacco Permit for no less than one week nor more than six months. Enforcement shall be by the Board of Health or its designees.
- All fines are due and payable in the Southborough Board of Health Office within ten (10) calendar days from the date the Vender receives official notice by registered mail.
- Failure to pay any fine listed above shall result in a $25.00 late fee for each day the fine is not paid. Failure to pay the fine and late fee after thirty (30) days from the original notice may result in permit revocation.
The Board of Health shall provide written notice to the permitee of the intent to suspend a tobacco sales permit. The notice shall contain the reasons for the suspension and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven (7) days after the date of said notice. The permitee shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and reasons in writing.
Section VI - Severability
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 be effective as of .November 1, 1996.
Southborough Board of Health
Louis Fazen, III, MD, Chairman
Mary Lou Woodford, Clerk
Nancy A. Sacco, Vice Chairperson
Approved/Adopted: October 8, 1996
Publication Date: 1996 and 2007, Revision 2005, 2007, 2010