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Northampton Board upholds violation against Z Mart for sale of nicotine pouches to minor

Northampton Board of Health · November 21, 2024
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Summary

After a Pioneer Valley Tobacco Coalition compliance check found a clerk sold nicotine pouches to a youth, the Board of Health upheld the violation, affirming a $1,000 fine and a three-business-day permit suspension as prescribed by local regulation.

The Northampton Board of Health upheld a finding that Z Mart (15 Locust St.) sold a nicotine product to a person under 21 during a youth compliance check conducted on Nov. 10, 2024. The board held a formal hearing Nov. 21 and voted to uphold the violation.

Tobacco compliance officer Ryan Paxton of the Pioneer Valley Tobacco Coalition testified that a youth compliance officer entered Z Mart on Nov. 10 at 11:59 a.m., attempted to buy a can of Zynn Chill nicotine pouches, and that the clerk asked for an ID. According to Paxton, the youth said they had no physical ID and the clerk did not ask the youth's age and completed the sale; Paxton documented the purchase, bagged the product as evidence and presented the recorded results to the board.

Z Mart’s permit holder, identified in the hearing as Mr. Chaudhry, acknowledged the sale and said a newly hired employee in training made the mistake; he asked the board for leniency. Board staff read the regulation’s penalty provisions, noting that a first violation carries a $1,000 fine and a suspension of the tobacco-product sales permit for three consecutive business days. Board members discussed training resources and the need for consistent application of the regulation before voting to uphold the violation.

The board directed staff to issue a follow-up letter to Z Mart with the suspension dates and reiterated that products must be removed from the premises during suspension days.