New Tobacco Regulations Coming to Dalton in February
DALTON, Mass. — The town's updated tobacco regulations, which include new restrictions and bans, will go into effect on February 1.
On Monday, the Board of Health approved a slate of changes to the town's tobacco ordinance after about six months of work with Tri-Town Health Department Director James Wilusz.
These include bans on flavored rolling papers and other products not restricted by the law, smoking bars, and new tobacco permits within 500 feet of schools.
There are also added regulations on the price point of single-package cigars, stipulating that single cigars must cost at least $2.90 and a package of two or more must cost at least $5.80, and a one-day suspension for a first-offense tobacco sale to a minor.
"Compared to where you were with a really, really old regulation that was really outdated to where you're at today, I think you're sort of in between of not being super aggressive, but being reasonable with the retailers but yet, holding people accountable," Wilusz said.
"And I think it's a really good regulation on where you're at."
The Board of Health decided to give retailers 90 days before the new regulations go into play so that they have time to get rid of flavored non-nicotine products that slipped through state law.
In December 2019, Gov. Charlie Bakers signed an Act Modernizing Tobacco Control, which imposed new restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products.
A few months prior, the governor declared a public health emergency and put a temporary ban on the sale of all vape products in the state.
The act only allows the sale of non-flavored nicotine products with 35 milligrams per milliliter of nicotine or less. It also restricts the sale of non-flavored nicotine vaping products held to the same standard to licensed, adult-only retail tobacco stores and smoking bars.
Under the new legislation, people can only purchase and smoke flavored nicotine vaping products in smoking bars, of which there are about 24 in the state and are now officially banned in Dalton.
Wilusz has pointed out that items such as hemp cigarettes and flavored rolling papers are not addressed in the legislation.
The board agreed to move forward with updating its tobacco ordinance in April after being approached by Tri-Town Health Department Director James Wilusz. The health department for Lee, Lenox, and Stockbridge has been administering a tobacco awareness program since 1994.
A September public hearing on the topic generated no participation from residents or storeowners. Notices were mailed to vendors and posted in the local newspaper and on the town's website.
The panel fine-tuned its recommendations last month and decided to leave out two proposed changes: a mandated tobacco retailer certification and a cap on the number of tobacco permits in the town.
The retailer certification is provided through the Tri-Town Health Department and costs $25 per person, which concerned board members. There is also a free, less thorough training through the MassHealth Officers Association that can be done online and the BOH leaned in favor of allowing the retailers to choose which training they want to do.
Reportedly Dalton has maintained a steady amount of tobacco retailers throughout the years and capping the number of permits was not seen as urgent at this point in time.
Wilusz commended the board and town for its work on the ordinance, calling its process "clear, concise, and reasonable."
Pittsfield is on a similar path with its tobacco ordinance.
Last week, the city's Board of Health approved a slate of changes that extend the document from 16 pages to 18 pages and will now look to the public for input. These include a clarified definition for blunt wraps, a raised minimum price requirement for cigars, and violations that incorporate state law.
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