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Date: 3/21/2023
WARE — The Board of Health hosted a public hearing on revising current regulations around tobacco and vape sales on March 15. A draft of the updated regulations was discussed and reviewed.
The draft included a combination of state laws that require absolute compliance, as well as policy decisions made by the board. The board’s additions were concluded upon and voted on at their last meeting to incorporate into the current draft of regulations.
The focus of the board in adding both state regulations and board regulations and revisions was to curb young people from starting smoking. As is stated in the draft of regulations, “more than 80 percent of al adult smokers begin smoking before the age of 18, more than 90 percent do so before leaving their teens, and more than 3.5 million middle and high school students smoke,” a statement that is directly from the U.S. Department of Health and Human Services based on data from a survey done in 2011.
Concerns
The board’s draft of regulations stated concerns over the amount of tobacco retailers within a given location, the sale of blunt wraps to minors, the sale of flavored tobacco products including menthol, the availability to youth of electronic nicotine delivery systems — or vapes as they are commonly known — the sale of liquid nicotine, a tobacco product flavor enhancer such as flavored rolling papers, and more.
State regulations
State mandated regulations in the board’s draft of regulations include the following, and a complete list may be obtained from the board by the public.
All retailers of tobacco products including adult-only tobacco stores must conspicuously post signage inside of their establishment that was developed by the state’s Department of Public Health. This signage is to include information for smoking cessation resources, a statement that the sale of any tobacco products to an individual under 21 years of age is prohibited, health warnings about e-cigarettes and vapes, and a notice to consumers that the sale of flavored electronic nicotine systems is prohibited. Furthermore, the signage must be facing or readily available to be seen by the consumer, and placed no less than four feet and no higher than nine feet from the floor.
Adult-only tobacco stores must display signage no less than four feet and no higher than nine feet from the floor on the exterior entrance to the store that states “No person younger than 21 years old is permitted on the premises at any time.” Adult-only tobacco retailers must also verify age by means of a valid, government issued, photographic form of ID that states the consumer’s date of birth on it. Any store selling tobacco products must also first verify the age of the customer through the same means. Additionally, all sales of tobacco products must be conducted face-to-face between the seller and the buyer.
No person shall sell or distribute any flavored tobacco product. The sale of electronic nicotine delivery systems with a nicotine content greater than 35 milligrams per milliliter is prohibited. This does not apply to adult-only tobacco retailers.
In the event of violations, the protocol is as follows. For the first violation, a fine of $1,000 will be issued and if the violation is the sale of tobacco products to a person under the age of 21, the retailers permit will be suspended.
Town regulations
A Tobacco Product Sales Permit, issued annually by the town’s Board of Health, must be obtained in order to sell tobacco products. Only owners of establishments with a permanent, indoor, non-mobile location are eligible to sell tobacco products in the town.
A tobacco permit will not be renewed if the permit holder has sold a tobacco product to someone under the age of 21 within the previous permit year. The draft also states that as of the effective date of the final regulation, no new tobacco sales permits will be issued in the town of Ware. Any permit surrendered, revoked, or not renewed either due to the retailer ceasing to sell tobacco products, or closes the retail business, will be returned to the Board of Health and retired immediately. If a business is purchased that holds an existing permit, the new owners may submit a valid application and upon meeting all conditions within the town’s tobacco regulations within 60 days of the sale of the retail business, the permit may be transferred.
Smoking bars, such as hookah bars, are prohibited in town. Single cigars must be priced at or above $2.90 to be sold individually, and packages of two or more cigars must be priced at $5.80 or more to be sold.
No person shall possess, hold, or keep any flavored tobacco products. This is in addition to the state regulation banning the sale or distribution or flavored tobacco products.
Blunt wrap sales and/or distribution is prohibited in town. All self-service displays of tobacco products are prohibited and humidors must be locked. Non-residential roll-your-own machines are prohibited. All educational institutions including any retail establishments located and operating on the property of one of these institutions are prohibited from the sale or distribution of tobacco products.
In the event of violations, the protocol is as follows. For the first violation, a fine of $1,000 will be issued and if the violation is the sale of tobacco products to a person under the age of 21, the retailers permit will be suspended for seven consecutive business days. In the case of a second violation, a fine of $2,000 shall be issued and the permit will be suspended for seven consecutive business days. In the case of three or more violations, a fine of $5,000 will be issued and the permit will be suspended for 30 consecutive business days.
For violations of all other sections specific to the town of Ware, the violator shall receive in the case of a first violation, a fine of $100, in the case of a second violation, a fine of $200 and their permit will be suspended for seven consecutive business days. In the case of three or more violations, a fine of $300 and their permit will be suspended for 30 consecutive business days.
The public may obtain a detailed and comprehensive copy of the draft of regulations if they so wish by contacting Town Hall and requesting a copy.
Final regulations
The board tabled a final vote at the meeting, and will be meeting again in the near future to vote on the final regulations. All meetings and agendas are posted on the town’s website, townofware.com.