Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tobacco Enforcement topic
No spam. Unsubscribe anytime.
Wright County delays enforcement of FDA-based tobacco violation against H&H Sports pending revised resolution
Summary
After debate about whether an FDA compliance check followed the county's educational enforcement process, the Wright County Board voted to delay action on a hearing officer's recommended violation for H&H Sports and asked staff to return Feb. 17 with a revised resolution and penalties.
The Wright County Board of Commissioners on Feb. 3 declined to finalize enforcement of a hearing officer's recommended violation against H&H Sports tied to an FDA compliance check, instead directing staff to return on Feb. 17 with a revised resolution modifying penalties and enforcement language.
Chairman Betch said the compliance check, conducted Aug. 13 by the U.S. Food and Drug Administration, "was poorly administered by the FDA and does not meet the spirit of our ordinance," arguing the county's goal is to educate vendors and that the business and the employee implicated were not notified until 33 days later. He said that delay undercuts the county's educational approach and raised concerns the business might have continued sales during the notification gap.
HHS staff told the board the county's usual compliance practice is to "immediately go back into the premises and provide education and actually return the product," and that the county's process differs from FDA practice. Commissioner Shane acknowledged the vendor failed the FDA compliance check but said those procedural questions warranted further discussion before assessing or removing fines.
After extended discussion, Commissioner Shane moved and Commissioner Holland seconded that administration draft a revised resolution and return it to the board on Feb. 17; the motion passed unanimously. The board also agreed to schedule a workshop at a later date to discuss the county's relationship with FDA compliance checks and whether the county should perform its own internal compliance checks going forward.
The action affects resolution 2614, which recorded a hearing officer recommendation related to an alleged sale to a minor at H&H Sports in Maple Lake based on the FDA's compliance check. The board did not adopt the hearing officer's recommendation on Feb. 3; instead it postponed final enforcement pending a rewritten resolution and further review of enforcement procedures.
Next steps: staff will prepare a revised resolution for the Feb. 17 meeting addressing penalties and language around enforcement of FDA compliance checks; the board also directed that the issue be placed on a future workshop agenda to discuss procedure and coordination with public health.
