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Middleborough fines multiple retailers for illegal tobacco sales to minors; board sets penalties and suspension windows
Summary
After a routine compliance check, the Board of Health and Select Board levied fines against several retailers for selling tobacco products to minors and set staggered penalties including $1,000 fines for first offenders and $2,000 plus seven-day no-sale suspensions for second offenders; one store faces a separate state 90-day suspension.
The Board of Health reported the results of January 8 compliance checks and held a hearing to enforce penalties for retailers that sold tobacco products to minors. Health staff identified four first-time violators and five second-time violators; the board voted motions for fines and suspension windows and instructed staff to post notices and follow up.
First-offense businesses — Cumberland Farms (South Main Street, store #6739), Kurt’s Corner, Smoke Depot and Vape — are subject to the state-mandated first-offense penalty of $1,000. Kayla Smith said Cumberland Farms and Smoke Depot have already paid; the board voted that first-time violators must pay within 14 calendar days from the meeting date. Kurt’s Corner’s representative said the store would remit payment.
Second-offense businesses — Gas Depot, Jamie’s Liquors, Ortini Mini Mart, Middleborough Mart and Stop & Save — face a minimum $2,000 penalty and a seven-consecutive-day suspension of tobacco sales. The board set a seven-day suspension window to begin at 12:00 noon on Tuesday, Jan. 28, 2025 and to end at 12:00 noon on Tuesday, Feb. 4, 2025, and required health staff to post a notice on the front door during the suspension period. Health staff will inspect stores to confirm tobacco products are removed from shelves or otherwise secured as directed; staff and board members agreed to allow office discretion for enclosed humidors or secured displays as long as products are not accessible for sale during the suspension.
Separately, Stop & Save was notified by the Massachusetts Department of Revenue of an administrative 90-day suspension (state action) for sale of untaxed smokeless tobacco; that state suspension is scheduled to begin at 12:01 a.m. on Wednesday, Feb. 26, 2025 (90 consecutive days) per a certified letter the store will receive. The board asked the health department to track payments and schedule a follow-up hearing if fines are not paid within the time allotted.
Board members and community speakers said enforcement and retailer training are both critical; corporate and local operators described staff retraining and internal compliance programs they use to prevent underage sales.
