Pittsfield Health Department Notice of Tobacco Regulation Promulgation

PITTSFIELD HEALTH DEPARTMENT

NOTICE OF TOBACCO REGULATION PROMULGATION

 

On July 23, 2014, the Pittsfield Board of Health enacted amendments to regulations pertaining to Environmental Tobacco Smoke and the Sale of Tobacco and Nicotine Delivery Products. These regulations go into effect on September 15, 2014.

In summary, the new Environmental Tobacco Smoke regulations expand no-smoking areas to include city owned and operated parks, playgrounds and conservation areas.

 Amendments to the sale of tobacco and nicotine delivery products regulation will reduce and cap the number of tobacco product sales permits, require a minimum set back of 500 feet from an elementary or secondary school for new applicants for a tobacco retail location, and regulate pricing and packaging of cigar sales.

 

      1.    Pricing and packaging of cigar sales

    • Effective September 15, 2014, cigars must be sold in an original package of at least 2 cigars.  The sale of single cigars is permitted if the retail price of each cigar is at least $2.50 and two-cigar packs for at least $5.00
    • This does not apply to a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of the City of Pittsfield
    • Penalties will be assessed to those who violate this regulation: 1st violation = $250; 2nd violation within a 24 month period = $350 and a 7-day suspension of tobacco sales permit; 3rd violation within a 24 month period = $500 and a 14-day suspension of tobacco sales permit

       2.   Reduce and cap the number of tobacco product sales permits

    • Any permit not renewed whether because a retailer no longer sells tobacco products, or because a retailer closes the retail business, shall be permanently retired by the Board of Health
    • No permit renewal will be denied based on this subsection except any permit holder who fails to renew his or her permit within thirty days of expiration
    • Applicants who purchase a business that holds a current  tobacco product sales permit at the time of the sale may apply, within sixty days of such sale, if the buyer intends to sell tobacco products
    • Require a minimum set back of 500 feet from an elementary or secondary school for new applicants for a tobacco retail location

 

Permitted Pittsfield tobacco retailers received notification prior to this release.

 

For a copy of the regulations, please visit www.cityofpittsfield.org or contact the department at 413-499-9411.