Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tobacco Regulation topic
No spam. Unsubscribe anytime.
Fall River Board of Health adopts tobacco-sale regulation change to align with state law
Summary
After a public hearing with retailers raising concerns, the board voted June 29 to amend local tobacco regulations to conform with state law (105 CMR 6665.040D), making a suspension for a first sale to a minor mandatory and retaining the $1,000 fine; the board authorized staff outreach to permit holders.
The Fall River Board of Health voted unanimously on June 29 to update local tobacco-sale regulations to align with state law, adopting language that makes a suspension for a first sale to a minor mandatory (staff noted the board may set the suspension length up to 30 consecutive days) while retaining the existing $1,000 fine.
Jennifer, the health-department staff presenter, told the board the local regulation currently sets a $1,000 fine for a first violation but state law (105 CMR 6665.040D) requires a mandatory suspension for first-time sales to minors. She asked the board to consider amending the local rule to define a mandatory suspension period to remove confusion for enforcement or to continue to decide suspension lengths on a case-by-case basis within the state-authorized up-to-30-day limit.
Several permit-holders and retailers addressed the board during the public hearing. A Jaz Hassan (Cam's Board, 376 2nd Street) urged that first offenses should be treated as warnings because honest employee mistakes can occur and mandatory suspensions would impose a severe burden on small convenience stores. Malik Sagir of Cloverdale Farm and other commenters expressed similar concerns about the economic impact of suspensions; Ati Rahman of 7 Days Food Mod described a 15-year track record of compliance but said that a $1,000 fine plus a suspension could harm family-run stores.
Board members and staff responded that the $1,000 fine is not new and that training of employees is the owner’s responsibility, while noting the board can consider suspension length on a case-by-case basis when circumstances suggest an honest mistake. Staff said inspectors will continue unannounced inspections and asked retailers to report suspected violations so inspectors can gather evidence. The board voted to accept the recommended updates and directed staff to continue outreach and education to permit holders.
The action formalizes alignment with state law (105 CMR 6665.040D). The board’s vote was unanimous (Thomas Corey, Michael Coughlin and Steven Gagliardi voting yes).
The board closed the hearing and continued with the department’s director report.
