##VIDEO ID:0Zsxys4rjlA## all right I'm going to call the meeting of the Board of Health to order in absence of M that's going to arrive shortly uh Road call remember there's Paul come on in Paul see that one minute wait you got to love it I knew the do the door I I could tell was you seeing you oh um okay car first order of business grab that I'm sorry all right by the way you're here now apost say I I okay we're going to go over the tobacco regulation update for the public hearing nobody's here and um oh she's gone no I'm here you're here okay yep I'm here we're all we're all here now so you can tell us what you have to tell us oh me um can turn that up okay so right now we we posted can you hear me can you guys hear it because I'm having time go ahead I'll you want to sit over here Jen I might move here volume over here you're going to be getting it de Vapes too tonight right you're gonna be getes also I'm confused at what you're asking me I'm gonna be what are we going to be discussing Vapes tonight flavored Vapes that are being sold to the children um we could it it we can if it's on the agenda we can discuss whatever whatever the board wants to discuss with Tobacco Control yep okay yep um we we can talk about that absolutely so all right you got the show let's see what you got to say okay so basically the board held um a hearing and they continued it over two dates and they took in they heard what retailers had to say and they have a draft before them and if you in the proposed draft um what we need to do now is answer any board questions and make a motion to pass it as presented at the hearing or to pass it including some things and not other things depending on what the board's wishes and desires are um and the the new things were no permit renewal if there was three sales to a person under the age of 21 within a 12- month permitting period you prohibited smoking bars we limited oral the the draft limited oral nicotine pouches to adult only stores and then um it wasn't a change in the reg but the board made a decision to leave the local regs uh the local portions of of the regulation to be 100 to 300 and all state violations are required to be a th000 to 5,000 so we just left left the local components of your EGS to still be 100 200 300 instead of increasing the fines um I can hear it so the thing to vote on you could vote on the new things individually or if you have any questions I can answer any questions you may have or you guys have discussion amongst each other you can make a motion to pass the board as uh pass the draft as presented in the hearing or you can make a motion to pass each new component where does the board want to go on that I think the board should vote on on its entirety I mean I think we we've been debating this back and forth um I propose a motion to vote in in in its entirety for uh for the tobacco regulations I second it me you second that there now do you have any questions about what's going on here on top of this uh she was pretty clear she's pretty clear yes okay this is strictly the tobacco rigs this has nothing to do with the Vape rigs but we're going to wait for that cuz the state's working on that as we speak okay so the state will be taking control and then we can go up on the recreation of the state at that time okay okay I think we've adopted everything you're talking about at this point okay so Carla has a copy as if it if it was adopted as presented at the hearing car Carla has a clean copy to sign and then I'll send her the legal notice and she knows everywhere it needs to be posted and sent to and then we will next week on Monday we will hand deliver it to every retailer and they will receive the legal notice the regulation and they'll we'll have a signature signing that they received it um and then that that wraps set up but if there's U if you want to talk about a vape issue I'm available to talk about it or I can come back to another meeting what do you know about the state where's the state going with the Vape regulations um right now the the state has a state law that restricts all flavored vape and it it limits the nicotine content but there's no new proposal on state Vape so I I'm not cons I'm not sure what you're what you're what you're exactly know we're going as far as our um underage children getting hold of these Vapes and taking them into a public school right so if there's an issue of kids getting Vapes we can and we can work with the school and we can work with retailers we are doing youth access compliance checks in your community and we do have the youth go in and ask for Vape if a youth get gets caught with VAP in school and they happen to tell what store it was bought in we can do additional inspections in that store and we can also ask the FDA inspectors and state local uh State inspectors to do additional inspections too so it would be considered like a special investigation and one of the things that we have to worry about is um you know kids may get Vape in school and they may not necessarily be getting it they could be getting it from an older sibling they could be getting it from somebody who's old enough to drive to New Hampshire by it bring it back and unfortunately there's been some online purchasing that has slipped through the cracks U Massachusetts has cracked down on online purchasing um so there's been some of that and it's been brought to our attention not in towns in but in other communities that people set up a garage or a living room and they go get the products and then they invite people to come to their house and it's set up like a garage store or what really yeah so we it's a multi it's a multifaceted problem and it Mak not be just that they're being able to buy them in your local stores but um if if lots of times we'll get a complaint from a parent I caught vape and my kid drove them to the store themselves and they sold it right in front of me we do an investigation on that store if schools some schools have a um suspension policy or some sort of punishment and if the kids tell where they bought the Vape for the very first time um they'll report it to us and then the kid you know gets a warning instead and then the second time they get whatever the penalty is based on the school policy so we weren't aware of any specific complaints in the towns and school um so I we would be very happy to um take a look if there's there's issues or complaints um we could contact you know meet with the school we could take a look at things and see um where we could help out with a a special investigation or an extra compliance check and whatnot I have a question if I may Mr chairman yes um so um ha ha has it come to the atttention that um criminal charges have been charged to the parents I mean how what is the involvement of the parents if they if I mean I know that this this hasn't occurred here in Townson but uh what these these what what has occurred um would that entail some sort of criminal charges or something like that but for the parents um it's not a criminal charge it's a well a charge in your regulation no person and that includes parents under the old state law par parents were could furnish tobacco in an odd twist because the wording wasn't right but in the new state law no person and that defines individual body and it captures that if we had direct evidence that a parent was supplying Vape to their child the board could issue them a th000 to $5,000 fine just as we do a retailer for selling it in any other circumstance so that's technically it's never happened um but there are some parents who have provided Vape to their their kids because they feel well at least my kid is only vaping and they're not doing heroin or they're not doing other drugs I'm not really understanding the impact that that's a violation of the state law but any fine over $300 turns into a criminal sanction so if you gave a violation order of $1,000 to a parent providing tobacco to their child and they don't pay it it defaults into a criminal charge for non-pay you know and they don't if they ignore it and we bring them to court it would be seen before a judge as a criminal citation not a clerk magistrate as a non-crime how do you enforce that how do we enforce that um well we've never had that situation come up yet where we've we've had evidence or caught a parent doing it um I don't know um you know if kids are saying oh my parents bought it for me I don't know you would have we would have to have direct evidence that it was happening it can't be here saying it can't because someone said so we would have to have some sort of direct evidence either parent admission or the student coming forward and saying my mom buys it for me and then we'd have to conduct an investigation and and there there would have to be some compelling evidence in order for us to go that far into a a parent um theoretically that will be included even an adult it doesn't have to be the parent but no so if if a 21y old is providing to an 18-year-old somebody under the age you could find them a thousand to $5,000 under the law but we would have to have direct evidence and knowledge either through undercover by or U videotape that somebody it would have to be compelling evidence that they it's just like police you can't on here say arrest somebody for drug dealing you have to be able to prove that it occurred before they can arrest somebody for it but it it it isn't it would be a citation from the Board of Health and then it defaults through the appeals process either by non-payment or whatnot it eventually ends up before a judge as a criminal sanction I I criminal if they don't pay the fine basically that that the Border account would issue correct so if they don't pay the fine say we issued somebody a fine and they don't pay it we hold a non-p payment hearing at your Board of Health they send them formal notice they don't show up then we file with the court and we file before a judge as a non-payment hearing and then we go to a hearing before the judge and because the F the state fines are a thousand we can't go to a clerk magistrate because only non-criminal disposition tickets under $300 can go to a clerk magistrate the these are very you know these are technically what happens if all the proof is there and because it's a criminal these 1,000 to 5,000 when you have a non-criminal disposition ticket it's you just have to prove it's more probable than less probable it happened when you go for the Thousand to $5,000 fine you have to dot all your eyes and cross all your tees and leave no doubt that it happened so before a judge you you have to show evidence that it occurred not that it it occurred more likely than less likely so the burden of proof is higher on the thousand to $5,000 tickets that brings you before a judge any other questions no back to the Vape when do you think the state's going to expedite some regulations on The Vaping and will we be able to actually ban vaping being big thing products being sold in town um well B it this the state already passed the comprehensive law in 2020 I don't see that being amended anytime soon and it was groundbreaking to ban the flavored Vapes and it's also it was also um you know the state Smoking law you can't Vape anywhere where the Smoking law applies either so there's some you know Progressive things here that have been done what we have done in Townsen to combat Vape is we require them to show us the FDA approval or they can't have that product in the store and that has gotten rid of the craves the Shirley from bricks all these um counterfeit products that have come in um and they the stores have removed them because when they go to the manufacturer they got the the flavor verification but they didn't so a lot of these products that are are appealing to the kids that claim that they're not flavored and are have been removed from the stores we still have to do an inspection in towns and but right now we're 180 store inspections in and we only found one violation so we're in pretty good shape because once we required them and what what the federal uh FDA approval is um it's an approval to Market or a a pre-marketing uh tobacco application approval if you don't have one of th either one of those approvals from the FDA your Vape product is a black market product not allowed in the US not just in towns and not allowed in Hawaii Alaska Rhode Island or Massachusetts so we are now requiring um anybody selling Vape to show us proof of FDA pmta letters and they come on FDA letterhead and they put the stn application number so I could go write in and into the FDA and put that number in and know that that product is legit and it's not a fake letter because it comes out there's one letter template letter and it comes out on FDA letterhead and you would have you know nobody can counterfeit that because you would have to be the business to have the stn uh number so that that is something that we have done what that does is it takes it out of the stores it doesn't take it if youth are accessing it and getting it some other way you know towns is not that far from New Hampshire anybody any 21y old with a car can go up to New Hampshire come back sell it to their siblings set up a little little store that I mean that's another issue it doesn't mean that we can't help work on it and bring awareness to it and see what we can do about it but even a state law it doesn't really stop that type of Black Market things that are going on right any questions guys no John I think you've done a great job I think that's all you give your services for this evening can can I just ask can I just ask you one question absolutely has the score has the school reported to you that the youth they're confiscating the flavored Vapes absolutely not no so so is there any formal complaint about the Vapes or it's just general knowledge that the kids are accessing them no formal complaints no formal complaints so it's just the fact that we're going do everything we can to restrict it because I know what happens to these kids that are vaping and it's an addiction at something very very difficult for them to break so it's is um it's my my opinion I hope the board agrees with me that if we could stop the sales of these and limit them the best we can for the children getting to purchase them we're going to do a big asset to the town of towns in the north SE Regional School yeah absolutely and I will make sure that at our next youth access check that they're specifically asking for Vape because sometimes they ask for cigar sometimes they ask for pouch tobacco um but I'll you know we'll we'll focus in a little bit more on Vape in in towns and to try to assess the problem but if anything comes up um at right after the first of the year we'll be available to work on some maybe educational things that we can put on the website and send out through the school so parents are more aware what to look for excellent right okay any other questions anybody car anything to add question no excellent thank you John thank you very much we'll talk to you probably in February May I got to take a brief recess okay [Music] it turned out she was holding it for somebody because their parents were she got it [Music] from um my uh my son when he was a junior in SCH when we're talking several years ago driving home and I got a call from the principal and she was contacting the tobacco agent you I'm like gu that's um well she called me to tell me that my son was in the office and that she had a problem and she said I don't know if you are familiar with the tobacco regulations but they're really strict in town and then I said I know what the tobacco regulations are I'm one of the tobacco agents oh we're going to have a problem so we came up there was um a believe it was a pipe not a vape um and they believe that there was some type of cannabis that was in it um everyone said nobody knew why they were in the bathroom they all just ended up there at the same time nobody was talking and they took all the phones from the kids and they said we need your permission to open up his phone because we think that they all sent messages to each other saying what time to go into the bathroom so I went to my son and I said I I'm going to and he said you can't do that that's an invasion of my privacy I said well could you do anything wrong and he said no I didn't and I said well if you didn't do anything wrong I won you let me on the phone he said I I will not and I said okay well then you're going to be charged just as if you were if you had it I mean there there's nothing he's like you're the to G you have it and I said exactly so that's why we have to do this so um the person who had it was supended for two weeks and they came back to me and they said can't I said you're going to suspend us how's he Le you're right he's sitting here thinking he's got it made CU mom's got this job no and then to play hockey he had to play another sport in the fall or else he could only play one quarter of the time in hockey so he he learned his lesson and it was a very hard thing for me but I did it I took my food pill away today not going through okay we had a nice little conversation yeah good you have four for you to sign okay wait yeah my way okay so one is the F Grant which is the public health emergency oh I meant the tobacco yep and there's a another one on top of it so and that's the grant letter before you came in it's it's a grant that goes to the nooba board of He And they support 17 different towns so the director Jim griffy is asking for all of the towns to give a support letter if we support it we definitely get a lot of um good things that come from that okay so now we are into receipts receipt books for the recy Center which is doing fabulous so it's just a a regular receipt book for them um and it just shows what their their carbon copies um we have some Staples bills that were lost in a black hole somewhere but they're for toner um one of them was a weekly planner for last year um toner toner toner so um it equals out and then we had a credit for 1529 because I think I had a stapler that wasn't working so I returned it so the total bill here is 12724 sign out um it in third grade account for that um the recycling employees have asked for gloves and hats I think it's more than appropriate for them I um no regular like fleece hats so when it's snowing out we did get them the raincoats I think they were so excited with the r coats like can we get some gloves and hats and absolutely I I think they it says that their job description is in inclement weather I think it's our responsibility to make sure that they have things for that our lovely mobile um telephone bill so I don't have to use my personal cell phone in case something comes up and um I used a little bit of my clothing allowance at the tune of $29 for a couple of sweatshirts and a cou and a pair of jeans that will work um I have $850 there just to show you one of the things that I got check out these Hunter boots are they not great clearance I never Shop full but these These are great are you kidding me when I was at the recycling center today and I had my rain coat and I had this with the mud and everything these These are super it's I'm I'm very happy that um that that no in hun I gu I've got more compliments on but they're really comfortable and they're they're waterproof and and they they're what we need there so and then um we had a little Hornet infestation up in the attic at the recycling center at the recycling Center yeah but when we're season um I I think it was last month in August or September when the weather got really yeah they get up in the EES they watch them they're like where are they going they were happening for the winter they were getting ready to well not anymore h on um and then um the grant is going to pay $18.81 small scale Grant because I needed to get masking tape to tape up the bulbs that goes um for the disposal from the recycling center okay and that's all that I have our next meeting is scheduled for December 24th so I'm thinking you're going to want to go to the next meeting which would be January 14th if that pleases the board so it's not going to be the 10th oh I'm sorry the the next meeting is the 10th but then after that I I was I was ahead I was going okay next meeting so the meeting after the 10th is going to be the 24th which nobody's going to want to meet on Christmas Eve we can have a party who's gonna come you're gonna be with all your kids yeah good point might want to get away right so I I don't see that I I see where Rick doesn't have anything we there is a possibility that he might ask for a meeting on the 10th okay December yeah we have that already don't we yeah oh I'm sorry I'm in the wrong I'm in the wrong month January y January okay so he he might he might look forward on the 7th versus the 14th okay if something comes up that he doesn't want to wait I will not be available for two weeks in January I'm getting on a big bird in flying to Florida so okay if Rich got something going to have to have these two board members to sign okay and he can also we we can have him sign out of meeting the only problem with that would be if there was a variance to a subject that needed to have a public hearing so the abuts could come in and discussed I'm going the 19th through the 25th myself of January okay okay and then the other Tuesday is the 31st so you're obviously not going to want to have anything on there maybe um oh I'm back in January I'm DEC I'm so sorry um so you're not but but you're not going to have anything on the 31st because that's that's New Year's Eve so that leaves the 7th the 14th and then the 21st and the 28th your meeting should be the 14th and the 28th but we're going to keep the public informed with schedules how that's the 14th and the 24th of the 21st won't be here I'm leaving the 8th and I'm coming back the 24th okay that's where I'm guys okay nice luy you awesome I Bowe it to myself right I owe it to myself okay and with a permission of from from the chairman I want to bring something up regarding a topic that we talk about I think it was over a month a few months ago regarding the the the handling of the needle process um I don't know if you remember that the police have brought it brought to Carla the the needles on on on a on on a bag I don't know if you remember that time yeah um I don't know if if we should approve not not talk about in this meeting but to think about um talking about a possible protocol that instead of of have if something happens that particular like that particular situation that they brought that to Carla to have us send send it over to I don't know some professional like the M EMTs or something like that to handle those needles and dispose them fire department um well this is I just disposed of a ton of them today um the the problem is is they were coming in in just a um ziplock bag which could so what I can ask is we could set up a protocol for the police station and the fire department that when they come in that they need to make sure and I have the sanitary disposal the Sharps Containers so I can hand them that and say could you please put the needles in these before I take them okay that makes sense that yeah I think because what we want to avoid is that that that um something happens in in the disposing and that and that that occur like a custom from from the police to bring it back here I mean and at least if we have something safe to sure to to keep them and not not avoid what that situation that happened during that time simar to a container possibly plastic container with yeah as long as as long as as as doesn't have to or anybody has to put the hands on on the needles I mean not just oh here it is huh bye left it to you by no I think that's a good idea K so yeah we'll set up a protocol and we'll send it out I'll I'll drop something up and I'll have it for the meeting on the on the tempos out because I think that because um shars has containers right they can just give you an extra container well we have to buy the containers which is why I charge $5 for people to dispose of them but the fire department and the police department come in and they just expect us to just take them the other thing that we could do is say look you're going to have to give us $5 to put them in this container because I have to give you this container cuz I can't take them in the plastic bag but then again we Robin Peter to pay Paul it's all coming out of the same fund so okay how do we really do we really want to charge the you understand what I'm saying yes I do it's so um I bag but I think for the next meeting the other thing could do is you could possibly give the fire department and um the police department one of the the actual Sharps container and say if you have these put them in here and when it's full bring it to me I think that sounds that sounds like a b like a more functional idea and and and of course have it on writing and and send it to the police to to everybody that is in charge of that because the thing is that um bringing it I mean I know that there's a mailbox here or something where you you dispose from the sharps but uh but not I just want to avoid what happened at other time and I was thinking about it and and we shouldn't just your safe you want to make that effective for January 1 I think we should make it effective for January the 1 yes okay we'll get that on the agenda for next motion you just done okay I like that all right you anything else anybody's got to bring in front of board I present a motion to adure the the Board of Health meeting I second that all in favor I motion ised