October 22nd, 2025 Town of Littleton Board of Health meeting. Um I am vice chair Matt Wson and with us we have board members Gino Fatalone and Dan Kaine. Um apologies they are both in situations where they don't have video feed tonight but they are here in an auditory fashion and our um health
director Francis Dagel. We have a quorum, so we will get started. 7 PM agenda item is a discussion on tobacco regulation amendment. Francis, would you like to kick us off, please? >> Sure. So in 2018 this regulation was
amended last uh in 2019 the state came out with new regulation and an act to um modernize tobacco basically looking at um vaping and flavors. Um and then in years subsequent they have been making little
tweaks to the regulation along the time. So, if you look at the version in front of you, it's a red line from what we had in 2018. Uh, bring you up to date with 2025. Um, I would only note that during our inspections for the tobacco establishments, we are following a 2025
standard, but basically we just want the regulation to now match what we're inspecting. Um, two key things to look at would be um whether we want to restrict or put a cap on tobacco establishments.
There's also the question of a um smoking lounge uh tobacco smoking lounge shop where you can go and do whatever. Um, sorry, I got a little background noise. Um, so it's a lot. Um, but if you have any particular questions in the
regulation, I'm happy to answer those. Um, or we can go it through page by page, whatever you want to do. >> It's it's a it's a lot of change it looks like. Um, so do you do you just want to go page by page? I don't we don't have to go line by line necessarily, but if you
could you just summarize page by page. Um, yes. I'm having trouble opening up the packet is my only issue here. My one drive is not working or anything. >> Uh, I can I can share it. Uh, let's pull
this off. So, have it open here. Maybe there is. Okay. Can you see it? >> Yep. >> Okay. So, obviously this is the start of it. So red line is additions done generally since 2018 but ours is all pre is ours
is from 2017 you said >> uh so was amended in I think February of 18. >> Okay. So this has a lot of red on it. >> Um so yeah we're going to have a lot
more definitions in this version because they basically extended each um section that we had. >> Okay. Um, so I mean it's for the statement of purpose. Basically you're looking at update information but also update the links. So in our 2018 version obviously
we had links that were used at that time. So these update the links that are being used and connect to the thoughts or the purpose. >> Okay. So most of this is just new definition. Yeah. >> Items. Okay. >> Update links showing studies and causation etc.
Okay. Um, I have small pictures, so if anybody wants to chime in, please just say something so I can hear you. Um, anybody have any questions or comments on this page? >> It'd be nice if everybody stops sp smoking, but the question is it doesn't
work. >> I I don't disagree. It would be nice if we didn't have to have a regulation at all. Uh okay. So page two looks like continuation of the um purpose statement at the top.
>> Mhm. >> And then it starts number one right here. US center. What is that? Is that a new section or that still part of this purpose? >> That's the footnotes for the sites for the purpose.
>> Got it. Okay, that makes sense. Um and so then the lined out section here is that just all been expanded upon higher up. >> Yeah. So it's the same as the purpose just expanded. >> Okay.
>> Okay. And so then we have a long list of footnotes which brings us to page three. Authorities unchanged. Uh definitions. Talk to us about what's going on here. Um, so basically there have been a lot
of definition additions since 2018 because now they have an act. Um, so I mean you're looking at a more full-fledged outlook of tobacco. So originally it was only looking at more of cigarettes and
cigars, blunt wraps, what have you. And now the tobacco industry has gotten larger in alternative projects. So um, a lot of this looks at vaping. um flavoring. So that's where all the changes kind of come in is to broadly
define what all these little intricate pieces are for the next sections. >> Okay. And just cuz I'm curious, um the second green bar there says the entrance to the establishments must be secure so that access is restricted to employees and of
age. How how is that secure access controlled? Um, so I forget what the green is. >> So there's green and yellow highlights. I think green is >> Let me Let me scroll back up to where
that said that. So green is uniquely local, >> right? Okay. >> And yellow is copied from latest state law. Okay. >> Yeah. So, anything in green is something that we might want to decide
collectively what you want to put in there and what not to put in there. >> I see. >> Okay. Then I guess we should we should spend a little more time on the green sections then. >> Yep. >> Okay. Then let's back up to the first one which is this is talking about adult
only retail tobacco stores. Uh and this has a clarification added of that has a separate entrance. So, as of right now, we only have um tobacco sales going through basically
our gas stations. We do not have any specific adult tobacco retail. >> Okay. >> So, does it help to have that block of green language as opposed to it just saying establishment that is not a joined whose only purpose is to sell or offer for retail, sale, etc.
>> In this case, I would say it's not necessary. >> Okay. Sorry. Is that because we don't have anything currently or we don't expect to be able to we don't expect to license that kind of in that kind of operation or
because we want the regulation if we can just to address likely scenarios. So I would hate for someone to say there's no rags so I can or there's no you can't control anything that we do because you never wrote it. >> Right. Dan, I'm I'm saying although we don't have these, we let's keep language
so that if we ever get one, we have the language to cover it, >> right? >> I'm more just asking, do we care that an adult only retail tobacco store is defined as an establishment whose only sole purpose is to sell or offer tobacco or
a an establishment that has a separate entrance not used by any other retailer that does not sell food, beverages, or alcohol that does not have a lottery license. So, I'm just I'm trying to understand if that extra language is necessary or if it's still sufficient to say whose only purpose I don't care
about anything else going on whose only purpose is to sell or offer for retail sale tobacco products. >> No, I got you. Okay. Sorry about that. >> Yeah. >> And Francis, you feel like yes, just skip that?
>> That's my opinion. Um, can't think of any instances where that would change anything. >> Okay. Yeah. No, I mean I I I want to hear your opinion on it because if we don't have a reason to not follow it, then we'll just go with that. So
then then the next green block was the one I asked about first was the entrance to the establishment must be secure so that access is restricted to employees and those 21 years or older. And I was just curious as to what what that means in other places that have this.
>> So that would typically mean like uh you have to hit a button to get entry. They would look at you on a camera, make sure you're kind of age, and then they check your license when you come in. >> Okay. >> So like it's dedicated smoke shop. >> I I have no problem keeping that.
>> I I would agree. It's a good precaution. >> Yeah. Anybody else have an opinion on that? No, I would agree. My previous town, we had a a smoke shop only and they had that same kind of, you know, kind of jewelry store C the let people in. I think that's appropriate.
>> Exactly. >> Okay. >> Um, now you mentioned and if it's somewhere else, tell me. You mentioned Francis about the the procedure for validating ID on entrance. is that
I don't see it mentioned right here. >> Um, that's a good thought. Yep. Um, so basically what they do is they'd ask for your ID. They wouldn't scan it, I don't believe, but I'm not sure entirely. They might have a scanning machine, but they at least check the ID itself.
>> Okay. Can you make a note? Cuz I think that should be called out specifically because I don't I wouldn't want somebody to say like, oh, we yeah, they browsed for 15 minutes, but then we didn't sell to them because they weren't 21. It's like, well, you already broke the rules because they came in. So, I think specifically calling out that that
identification is established um you know, upon customer entrance, something along that line just so that there's there's no wiggle room around that. >> Okay, I'll add to that section right there. >> Um and then obviously not allow anybody
under the age of 21 to work there. So, next screen section is about blunt wraps. Um, it's up to the board. I mean, a lot of towns have prohibited blend wraps. Um, I think it's a good common sense
measure, but um, depending on what you are, >> these are just definitions, correct? >> Yes. These these are just definition, >> but they're going to tie into sections where they will prohibit or restrict in some way. So, >> okay. Yeah. But to Kevin's point, the definition is fine. We keep the
definition. We want to have it somewhere, right? >> Well, yeah, we're in the definition section for a long time here. >> Yeah. >> Yeah. >> Okay. >> Then bonafide purchaser for value. That's a pure definition.
>> Okay. And yeah, to your point, it's this is all definition stuff and footnotes. And now, so now the yellow stuff is is you're saying from 2025 DPH. Yep. Basic model language. >> Okay.
Um, any call outs? >> I personally think we should be accepting anything from the DPH from 2025 and just put it right in our eggs. >> Yep. >> Yeah, >> I don't disagree. >> Uh, that brings us down to the last
green block under healthc care institution. A final sentence. Retail establishment that provides optitionian optometric hearing aid or aiology services but is not subject to regulation by the board of registration and pharmacy shall not be considered a
healthcare institution. >> Why products >> sounds okay? I don't really know. H. Okay, cool. I guess that doesn't really bother me here. Um, >> I mean, we'll we'll have a meeting in
the future, so anything that we note now, I can bring up at a future meeting. So, >> that's just one of those like I I guess maybe if we miss it today, can you please go and figure out where this comes up later? Because what I don't
like is some random regulation referring to a healthcare institution and then we do something else somewhere else someday and we have a different definition of a healthcare institution for example and somebody comes back and says well this rag defines it this way and this rag defines it differently.
>> Y great point. Y >> so so if if this comes up later in the rag and we miss it then fine. and I want to understand why there's a connection, but I'm I'm curious as to why it's in the tobacco rags. So, >> I will keep going for now.
>> Uh, still under definition. So, this green 1 through 7 is all a part of manufacturer documentation. >> Yeah. So, right now we already kind of follow this during our inspection. So, I would say we accept all of it. >> Okay.
Um, and then there's a couple strikeouts. So, minimum legal sales age, is that just replaced somewhere else with more robust language? >> Yeah, because I mean 21 was the
age cut off in the original rag. So, this is the same statement pretty much. So, I think it was just change language. Okay. And then oral nicotine pouches. Again, that just seems like a definition. So, that makes sense that we have a
definition for that. >> Yep. >> Uh we're going to no longer define what a person is. Apparently, >> they get into person versus retailer and distinctions in between. >> Okay. And schools. And then we have
again en rolling papers as a new definition. >> Pretty straightforward. >> Schools is now just appropriately listed in alphabetical order. Love that. Uh smoking bar. Another new definition again from DPH. So I wouldn't have a problem just keeping that as a
definition. And then tobacco product flavor enhancer. >> I would say the green part makes sense with the first part. >> I I would agree adding the fact that um a flavored
paper counts as a flavored product enhancer. can make a note. >> Yeah. No, no, I'm disagreeing that that's what it's basically saying. So, >> yeah. >> Yeah. Okay. >> You can look at the language, though.
>> Uh, okay. And vending machine. Love it. Okay. So, now we get to 224-4. So, tobacco salespersons under the minimum legal sales A is prohibited. Um, is what's the blue color here?
Um, oh, I think blue is they erased it, but I don't know why they would erase it. >> Ah, okay. So, Yeah. I mean that that's language about just kind of saying it's adding a little bit of diameter to the responsibility.
Yeah. So what it's cutting down to is it's saying no retailer or person shall sell or provide a tobacco product to a person under 21 years old. >> Right. But we had additional language or or the regulation used to have that
included or permit tobacco products as defined herein to be sold to a person under the minimum legal sales age or not being the individual's parent or legal guardian give tobacco products as defined herein to a person under the minimum legal sales age. Now
technically by taking out the blue you it becomes more strict. So technically with the blue language, it seems to imply that a parent or legal guardian is allowed to give tobacco products to somebody under the minimum legal sales age. Without the blue, that
is saying a parent or legal guardian cannot because it would say no person shall provide tobacco products. I I'm not upset by that, but that is a that is a difference in the language that that would come out of that.
It's simpler, but it's the adding the provide tobacco products to that underage individual. So thoughts from the board. >> I think my only go ahead. Go ahead, Dan. >> Okay. I was just say um
>> we lost you, Dan. >> Oh, sorry. I wasn't sure who's up. >> Go ahead, Dan. >> Sorry about that. So, uh, my question I think I I'm with you with removing it is probably okay. I think my only question would be are there any
situations where a parent may appropriately provide to their child? I'm thinking are there any religious ceremonies or situations or or those kind of things where we may not want to limit it.
I don't know. That's that's the only that's the only reason I can think why it might want to stay is if we can think of a a situation where a parent's child transfer would be reasonable.
I'm not sure there is, but otherwise I'm healthcare provider says get rid of it. I just want to make sure we're not missing something else that might be rarer but still there. No, >> that's a very good point.
Kevin, >> I just assume take out the blue and just have that one sentence. No retailer or person shall sell or provide a tobacco product to a person under 21 years old. >> You know, just cut and dry. You know, I see I feel like that that
last tagline there, the red to a person under 21 years old was the end of that sentence before the blue was pasted in there. I don't know. >> Yeah, the updated version. Yes.
>> I don't know. we need all those words, but whatever you guys want to do. >> Um, so I just scroll back up just to glance at the tobacco product definition because that's what it's referring to. Um, it does have the kind of endpoint that tobacco product does not include any product that has been approved by
the US FDA for the sale or use as a tobacco use cessation product or for other or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose. Um, so that addresses any medical coverage of a tobacco product
that would that would, you know, bypass the statement. Um, but to Dan's point, there's no call out of any sort of cultural scenario. Um, that I think warrants a followup question. Like Kevin
said, I I'm all okay with just making it just a blanket statement, but I think it's it would be um poor of us not to at least ask the question. So, Francis, could you kind of do a little exploration and maybe actually just call
the DPH and say, is there no sphere where there is some um minor usage that would be permitted? >> Okay. And and I think if if at the DPH level they say, "Nope, we've found no reason
that miners should be allowed in any scenario," then I would feel comfortable with that. >> Okay. Um, so required signage is up. There's a lot of crossout and some new language.
>> It's just updated sign language. It's already been adopted in the uh establishments that we have. So, >> okay. Uh the green part signage may be in a form developed and made available by the mass DPA. Like that's just saying >> they're allowed they're allowed to use
DPH signage, not our specific signage. >> Yes. Originally, we had to provide certain language. Now, we don't. >> Okay. Um uh let's see here. Does this still uh Okay. So, yeah, signage. This is still signage. two and three are both still
additional signage stuff. I'm not going to dive into it unless you call out that something should be mentioned. >> No. >> Okay. Uh identification. Oh, this this gets to what I was asking about probably. Uh each person selling
or distributing tobacco products is defined here and shall verify the age of every purchaser of tobacco products by means of valid government issued photographic identification contain bear's date of birth that purchase 20 years or older. Um yeah no I still oh yeah each person
admitting entrance into a smoking bar or adult only retail tobacco store shall first verify the age of every person entering. So that's what I was referring to earlier. Great. It's down here. So that's fine with me. >> But we want to further define what
identification means or >> No, I think it's I think since it's called out here as a part of your process, I don't think you would have to add it way back up here as an adult only. >> Yeah. Wherever it was.
>> Uh because this is just the definition of a adult only retail tobacco store. Period. So this is the process by which somebody would get entrance and so I'm okay with that. Uh tobacco products sales permit.
Um only owners of establishments with a permanent indoor non-mobile location in Littleton are eligible to apply for a permit and sell tobacco products. Uh in was indoor not there and we want to add it. Yeah, I think they're more
referring to smoking bars. Okay. Okay. And then under uh section C's just some update. >> Yep. And section D, all required Massachusetts Department of Revenue
licenses related to the sale of tobacco products as defined herein, must also be displayed conspicuously at the retail establishment. >> We already require that. Okay. Uh, this continues under. Sorry, I keep going up a little bit here. Tobacco
product sales permits continue down here. There's a lot of green. Can you summarize what's going on here? Uh, yeah. So, the first one is going to dive into
um what allows a renewal. Um, we kind of already have a process that's based on probably what's green here um with like a three three strike policy. Uh [Music]
yeah. So just further restricts which we already do per the inspections um where they get a finding system and it increases each each time and then there's a question of whether it should be renewed. >> Okay. Um
this one right uh so retail density right now that and the first one uh H1 right now the feet is what we have on the books right now. So it's a question of whether you want to change that.
Uh, I mean, based on 25 King Street near the high school, I don't know if that's going to be affected. >> Uh, well, it wouldn't because this is for a new permit, right? >> Oh, sorry. Yes, you're right. >> Um, but it's anytime there's one of
these things, honestly, I would be best served by looking at a map and seeing how big 500 versus a,000 versus 2,000. I mean, I I just I I don't have enough sense as to each of our school locations as to what the impact may be, and it
might not actually be that much of a concern based upon their physical location. I mean, this going to dive back into if you want to do a cap versus new versus old grandfathered permits. So, it might be something to come back to in a formal
meeting. I can get you location distances and things like that. >> Yeah, I I think just looking at that, just looking at overhead map and saying this is a 500 foot effectively circle um I think would help this board look at it
and make it make a decision that seems reasonable. >> Sure. Uh Francis, you might want to take a look at the uh regs we talked about with the uh I think it's the Lemonster Coalition Against Tobacco.
>> Um we had called out, you know, the maximum number of tobacco sales permits in town. I think it was like maybe 10. >> And we also made a decision that we weren't going to issue any new ones. >> Okay.
>> And that that's all in those documents. That's good. I was going to bring up the Tobacco Control Alliance and just say it like what's our >> what's their opinion? What's their input? >> Because we did vote on some local regulations when we met with them. >> Yeah.
>> Okay. >> Um I'll follow up with them. Most towns do typically say what we have now is the cap and we do not go above and beyond that, which I'm assuming is probably what happens. >> Okay. just just because it came up now. And
are they still um doing their visits and such and still do analysis for our town establishments? >> Yep. >> Okay. >> Um on top of it. Yep. >> Cool. Cool.
>> Cheryl Spara. >> Uh no, it's um I think it's Joanne is her name. Uh, Cheryl's from MAHB. Okay. So, transfer business is permitted
and then maximum number of permits. That's what Kevin was just referring to. So, let's kind of follow up with what we think we might have said already with the tobacco healthcare control alliance. Um,
that affects all this. So, prohibition of smoking bars, they are prohibited. Okay, that's what this says. Is that what we've had? >> We have not. Okay.
Thoughts on the board? Do we have any improvement for the ch the children avoid smoking and trying to buy cigarette? So that will be addressed for the restrictions on who enters an establishment and how we verify those
IDs to make sure we're in compliance. Um the board is also up the age to 21. So that helps prevent further smoking futures. So >> that's good to good step. >> Is anybody against the prohibition of
smoking bars in Littleton? I don't know. I don't go there. >> We don't Well, we don't have any right now. So, it's a question of do we want to just say we will never have one or um do we want to leave the language out and leave the door open? Is anybody for the
prohibition of smoking bars in Littleton? If you can help a a young young boy that is minus maybe they will help. They going cigarette. They go get the beer and all of a sudden somebody give him a
cigarette. The question is these young men today they wanted to do whatever they wanted to do. You know that we tried to do the best we can for their own for their own good. Sometime they listen and sometime they don't.
So this specifically, Gina, would u make it so that there are no smoking lounges in the town of Littleton. So there would be no space where they could go and smoke like that. >> Yeah. Question is if you want to restrict that. >> That is good. >> Okay.
So if somebody wanted to open a a private cigar bar, this would say no, you can't do that. We no longer have any licenses for you to sell cigars. And we do not permit
private establishments to have indoor smoking. >> Go ahead, Kevin. >> Does this pertain to cannabis? >> It does not. So the CCC would lay out the regulation
for that. We're just focusing just on tobacco. Tobacco only. Yep. >> Yeah, tobacco's bad. >> Pardon? What was that, Kevin? >> Tobacco's bad. I don't think we should have a smoking lounge. >> Okay, so some sounds like at least Gino
and Kevin are in favor of saying we can have a prohibition. Dan, do you have an opinion either way? >> Um, I I think a prohibition in concept is fine right now. Obviously, we can't enact any of these without a public hearing, but I don't think there's a lot
to be gained either financially or public health-wise by allowing it. So, no, I think I think we're okay without it. >> Okay. Uh yes, Dan is correct. This is simply a discussion. We're not making any final decision. Um, I just wanted to make sure we're kind of on the same page
on some of these because this is the exact kind of very short twoline um, language and a regulation that people may miss in a public hearing. Um, until some ways down the road somebody goes, "Wait, what? How did that get in
there?" Uh, so, um, I think we're all on the same page. Let's keep that language in there, Francis. But, uh, it's definitely something new that I think we should be fair and make sure we don't just gloss over it and try to say, "Oh, it's been there the whole time."
>> So, moving on to oral nicotine pouches. This, uh, again, a new new section, new language. >> Um, yeah. So, we're looking at nicotine content at this point. Um, what is shown to be more dangerous?
They contain. Yeah, that's good. >> So, this is a specific restriction saying we're going to Well, which one do we feel? Do we want to have one that just says you can't sell nicotine pouches with a high content or um it it
can only be adult only retail tobacco stores? >> Most towns have adopted a um cap on the milligrams. Okay. So, the first the first sentence. >> Yeah. >> And I'm a bit out of date on my oral
nicotine products. Uh, is six megs per pouch >> kind of standard, regular strength, light, extra crispy? >> Um, I've heard extra crispy. Yeah. Um, I've heard up to 55.
So, Yeah, six I guess would be mild. >> We can do further research on that for the next meeting as well. >> And who is uh who's selling pouches in town right now? Is it pretty much anybody with a tobacco license can?
>> Yep. Um I think all of them do actually. >> Okay. And right now there's no restriction on content or anything like that. There is not. >> Okay. Um, yes, I would appreciate obviously a little time consuming, but I
think it would actually make sense to go to our retailers and kind of inquire as to what what kind of products they're selling and and how they would feel about that. >> Okay. Um, I mean, I would love to, you know, say
none at all, but I also respect that, you know, we do have some businesses and we have a lot of regulations already. And so, if if uh if our retailers are saying that, >> yeah, the retail >> isn't that big of a deal or gosh, that's half of my sales. What are you doing? I
think it at least warrants conversation. >> I think they do the best they can when they the people there trying to sell cigarette. That's nice. >> Well, yeah, exactly. That's that's I'm on the same page. You know, obviously I
would love it if nobody use any of this stuff, but let's try to be responsible, but take maybe some smaller steps forward over time. Um, uh, cigar sales, what's the what's the summary here for this section? Similarly, this is this is
all new compared to what we have right now. >> Okay. Can you can you summarize what this what this is trying to tackle? >> Yeah. Um, Not exactly sure. It sounds like
prepackaging and taking out and repackaging them. I can't remember if I had any notes on this. It >> seems Well, and call me crazy. I feel like A and B are identical. Yeah, >> maybe my eyes are are missing something,
but it's somehow you nobody can sell basically a package of two or more cigars unless it is priced accordingly. So, it's I I feel like it's trying to say you
shouldn't be allowed to sell more bulk packaging at a low price to try to >> Yeah. If you get like a box of cigars. >> Yeah. So, I guess you could order a box and then individually wrap them and sell
them for different profits. I I don't know. Um >> I'll get back to you with an answer on that. Yeah. Is that what is they don't want somebody buying a box of 20 and then trying to sell them at at a discount. >> That would seem weird because it's not
saying you can't sell individuals. >> I think it's not worded well. I think I re I I'm not sure if it's meant this way, but I think it is meant if it's packaged two or more. So, you can't buy a box of 20 and then sell singles unless
it's designed to be sold as singles. If I'm buying a $40 single cigar, that's fine. If I'm buying a it's the old the old cigarette thing of selling Lucy's, you know, for a quarter a piece thing, I think that's the intent, but it's not worded very clearly. So, it's two or
more, meaning it's a package of more than one. You can't break up a package of more than one and sell them as singles unless they're designed to be sold as singles. But it's worded very poorly. >> I wish that's what it said, Dan. But I It really does say any original factory
wrap package of two or more cigars must cost at least six bucks. That's really what it says. >> No. No retailer or person sell or distribute or cause to be sold or distributed any factory wrap packages of two or more cigars unless Oh yeah.
>> Yeah. >> Yeah. No, you're right. >> It's really just saying if you have a if you're selling something that's two or more cigars, it has to meet a minimum price. >> All right, we'll get some clarity. >> I apologize. I I apologize because No, it's it's it's originally it sounded
like the Lucy language. No, like I wish it was what you were describing. That would make more sense. But this and it also is saying that the package could be 20 cigars and still be $5.80. >> No. >> Yeah. That's it was that'll be curious
just to see where this comes from so that we can understand the rationale behind it so that we can support it. Fair enough. All right. Uh and then the next section is about basically,
you know, closed door commercial operations that are working on distribution outside town. Um and then obviously if we put in some sort of cost thing, we have to then uh amend it periodically. Okay. Okay. Next. Sale of flavored
tobacco products prohibited. Um, so this was new for 2019. Um, so only the green would be differences from 2025. >> Okay. So previously, so in our current rags, we do not have a prohibition on
flavored. >> It wasn't addressed at the time. So this would be new. Okay. So >> like Kevin mentioned earlier, it could have been something that was brought up with the Lemonster Alliance. Um so we're just adding it to the regulation at this point. >> Um
along some lines, I like I'm I'm in favor of it. I would be curious to see just current state. So, if we have something already that is a prohibition, great. Um, if we don't, then this could be a change that would impact our businesses. Um,
>> I'm in general, it is prohibited right now. >> Okay. I'm much less flexible on this one, I think. But that's my opinion. >> Okay. And then we're adding some language on um not just selling and distribution but possession, holding, keeping.
>> Mhm. >> So this stuff can't can't even sit in our town basically. >> Yeah. We have cited um violations for somebody just holding something like coupon cigarettes. Um even though they're not for sale, if you have them,
they need to be out of the shop. So you can get written up for that. >> Okay, good to know. Um and then uh we need a we need a space here because then it's nicotine content in electronic nicotine delivery systems.
Uh so this is just similarly a limit on the quantity of nicotine in these products. And then last here we have prohibition of the sale of blunt wraps. Seller discussion. That's a new thing
that's not currently prohibited. Correct, Kim? Okay. Thoughts? All right, moving on. Free distribution and coupon redemption and discount pricing. >> So, we don't allow that right now
anyway. >> Okay. Uh so that without going through every word that this maintains that prohibition >> correct? Yeah. >> Okay. >> Uh I assume the same on out of package
sales. Yes. Prohibited and remain prohibited. >> That's correct. >> Okay. This got a lot This section got a lot longer. >> It did.
>> Why? Uh oh, there's some hazardous waste um information if you're doing liquid nicotine containers. and more about liquid or gel nicotine and no refills. >> Good.
>> Okay. Selfservice displays are prohibited. No vend no vending machines. >> Uh adult only retail tobacco stores are exempt from this section.
So why I think the idea is that for adult smoking you need to be IDed to even walk into the building. >> Mhm. >> So that you are of age. So it's it's self-service because you are over 21. They verified you're over 21. So you
could have access to pick things up, look at them. Where at a gas station, it's truthfully too easy for a young person to come in, look at something, drop it in their pocket or their bag, and walk out. >> But self- service is really like vending
machine style. >> Nope. So vending machine is a separate line. But no, self-service displays is that difference. Is that is it behind a locked cabinet or a door or a counter or can someone walk in and pick it up? >> Pick it up off a shelf. Okay.
>> I get it then. >> Okay, then. Yes, you're right. Vending machines are the next one which are prohibited. And then we have nonresidential roll your own machines. I got to be honest, I don't even know
what this looks like. Do you like pour your own tobacco in and it rolls it for you? What does a roll your own machine do besides roll your own? Must be commercial. I don't know. >> We'll assign that to Kevin Davis to um research and uh provide us with a
PowerPoint presentation. >> Excellent. Okay. >> Okay. Uh okay. Here. Oh, here comes the healthcare institution. So, no healthcare institution sell shall sell or cause to be sold tobacco products.
Why? Why? Why is this here? >> I've never seen something like that, so I'm not sure. I guess I guess anything is possible and it just means it happens somewhere at some point and now there's a line item
about it. Um >> well I mean for a long time, you know, drugstores and CVS and stuff sold tobacco products. It's it's only been probably 10 years that CVS has gotten rid of tobacco products. So I think this
is just instead of voluntarily it's just making the order of Healthcare institutions will not do it and including pharmacies etc. Fair. Um and this is saying that a retail
establishment that has a healthc care institution component such as a pharmacy, optitian, optometrist, drugstore. So curiously, a healthcare institution in the definition specifically excluded optician, optometrist and a few other items. Yet
here it's saying such as falls into the healthcare institution definition. Um so those conflict. So either the definition up top needs to be more broad. Um so that this is this
calls out that if you're a retail establishment that has some sort of health care service including an optitian um you also fall under this umbrella that you are prohibited >> as and the definition and that line are both from the model regs from DPH. Right
Francis? >> Correct. Yeah. >> All the red is model regs. Yes, >> that's >> Well, yeah, but this is this has the green section. >> So, yeah. Is that It's red and green. So, is that model rags with edits? Is
that ours added on? >> So, the green is suggested edits that the board would have to make a decision on. Red are already instituted. >> Okay. So we if we want the language down below this green cannot exist.
>> Yeah, I guess so. Because otherwise there's the conflict because then you're saying >> or we could just take out the shall not be considered and just say shall be considered or do we or do we add them to the list up above? Because this is giving the examples not limited to hospitals,
clinics, health centers, pharmacies, drugstores, doctor's offices, dental offices. I while while I don't necessarily consider an optitian's office a health care institution, I I I don't like that that version. Um I also
don't think that tobacco sales should be permitted in an optitian office. So I would rather they actually be called out specifically as included um so that the language down below meet matches
or we leave the definition of healthcare institution and we add the list them separately down below. But that's my that's my opinion. other other thoughts from the board when we're talking about optitionian
optometric hearing aid aiology uh retail outlets should we specifically restrict Um I think they all count as healthcare healthcare providers or healthcare organizations.
I kind of like I kind of let's be consistent across if I'm an aiologist I can't I can sell but if I'm an optometrist I can't you're providing health care of some form I I think we'd lead them together as one group but that's just me
agree Kevin did you say you agree okay I agree too so Francis Let's let's add on those additional options as examples of
healthcare institutions called out here and then it'll match down here. Okay, let me try to find where we were. There we go. So
then then this will match and then this language can stay Um, I would add just to call out aiology here after optometrist.
>> Mhm. Um because this this is a slightly different language because this is talking about a retail establishment that has a basically provides some of that healthc care service that we're listing out which like to Dan's point that could be a a drugstore which was specifically called out earlier as as a
no no but here if for some reason you are a grocery store that then has a a minute clinic in your establishment I guess I can't use that that's probably a brand name uh but you know a advanced
healthc care provider providing some healthcare services. Um or uh honestly Costco with an aiology department would fall into that because that would be a retail establishment that then has that healthc care service within it.
Okay. Okay. So, uh, next section, prohibition of the sale of tobacco products by educational institutions. Y, I don't think there's going to be a lot of debate there. Um, this is new language. Yep. Okay.
someday those children will really appreciate what you're doing right now. >> Now technically educational institution only was primary and secondary school. Not that we have any other educational institutions in town.
Um or um should educational institution, if we're going to go to the point of calling this out and saying, "By the way, you should not be selling tobacco at these establishments, should educational
institution include um test prep companies, um afterchool program companies, study help companies, those kinds of things. I think every other town should do the
same thing we do to help those young kids not to get sick by smoking cigar or cigarette or even taking drugs. We have to help them. >> I I agree. That's what I'm That's what
I'm throwing out there, Gino. Is it do we because it's been called out do we say educational institutions and establishments and includes those kinds of places that are basically the business is
providing education services to minors outside of a brickandmortar school building. You're doing a good job. >> Sorry, I'm trying to look back to see what was the definition of educational institutions.
>> Uh, yes, it was it was brief. >> If I know my alphabet. Here we go. public or private college school, professional school, scientific or technical institution, nervous or other institution. I swear that's not what I read somewhere else.
Oh, maybe it was school. Sorry. School is defined as public or private elementary or secondary school. educational institution is further public or private college school, professional school, scientific or technical institution, university or other institution furnishing a program
of higher education. So it still is a very traditional school definition but includes college, university, uh trade school, etc. But it doesn't include those nonschool commercial operations that
provide education services. That is true. I certainly can't I don't see a need for your local test prep school to be selling cigarettes, you know, next to the SHT books, but
I also not necessarily see that ever coming up. I don't know. >> I I'm with you. I don't I don't want to add stuff just to add stuff. But at the same time, this is one that just sticks out to me to say like, well, we're we're calling out that you can't sell them in
a lot of just kind of oddball places, so why wouldn't we also call out that you can't sell them there? And but maybe that opens the door to to too much thinking about are there any other places that we would like to restrict the selling of tobacco
products. Um and maybe that just warrants some thought and consideration from this board to say are there any other businesses and granted we all go back to the fact that we're our licenses are capped. So, this is all just something way down the road for when
some establishment someday closes or decides to give up its license or loses its license and then some other business asks for one. Um, and but but Dan, I know you you always like to say like if we have some rag that we can point to that's really clear
when somebody then asks the question sometime down the road to say, "Hi, my SAT prep center wants to sell cigarettes because >> and nowhere in here say I can't," >> right? We all of a sudden all cringe because we never said that was a bad
idea. Um, the whole founders are debt. We never planned for this. So, I I think I I I think we should I I I would lead towards let's brainstorm. Let's at least not close the door on it and let's think to ourselves as a board
and Francis like you think about it give some input and really like come up with is there any other uh retail establishment or or other commercial establishment that we should say no you know what that that should not be done
um I mean it technically doesn't say we can't sell them at the library for example um but Is there some restriction at a higher level against public buildings?
>> I believe there is. I'll look into it more, but I'm pretty >> because honestly that would that would instantly cover some of your schools as well. >> Um, I'll look into it. >> Okay. uh incorporation of state laws, state
regulations, just just new language. You've got to follow the state at all. Okay. Violations and penalties. Choose option one or option two below. I I like having choices here. Um option
one is a finding structure um that creates separate fines for state laws and local policies. And then option where is option two? Option option two is a long ways away.
Create separate fines for state laws and okay I don't want to go through all this. This seems um quite complicated and I feel like Francis on this one, could you make a suggestion based upon or if
you or if you already have an idea, please tell us now um based upon how we work with the tobacco control alliance, what we've done historically and which option we should actually be looking at. >> So, I believe we follow option one right now. >> Okay. Does what does option two do
dramatically differently? Do you know at as at summary level? >> Um I didn't read too much into it. No. >> Okay. Uh let's let's assume we're going to do option one. We can discuss a little bit and then you do a little further analysis and if there's something in option two that that jumps
out as as awesome or whatever, bring that back. >> Fair enough. Okay. >> Okay. Um uh and similarly, this is all this is all well described in what we've done historically. Correct. Oh, sorry Kevin, you raised your hand. I do believe our current policy is more in line with
option two. >> Oh, is it? >> Yeah. >> Okay. Okay. In that case, I I'm I'm going to punt this kick the kick this part down the road. Let's let's compare it to what we currently have, say what we're kind
of following, and then um say if there's some sort of pros or cons of swip switching options, as it were, and then any of the yellow language, I would just say call out where it's changing from what we've done historically, so we can decide whether
that's a good thing or a bad thing. >> Okay, fair. >> Yep. Okay. Sorry, trying to keep track of headers. Uh, okay. Renumbering separate violations
enforcement severability that's it. So, um, some followup for lots of followup for Francis. Sorry. And next thing I think would be another discussion before we get this to a public hearing.
>> Okay. >> That way we can make sure the language we feel like is all pretty tied up. Then we can go um get a public hearing about it. Does that make sense? >> Yep. >> Okay. Any other um thoughts, comments, questions
on tobacco regulations? Thank you for bringing this to the board's attention and making sure we can get things updated. Any We have no attendees, so I can't really ask for anybody to raise their hands or provide input. Next is our 710 agenda item on the
infectious disease decision support tool. Please hold. Okay. So, um this is not going to be uh very exciting because all sorts of things have changed in how I get data. So, um the CDC does not appear to be
reporting variance anymore. So they have a whole new dashboard that I kind of want to dig into to see if there's data that we feel like is um helpful for us to report. Um similarly, our chart on Littleton weekly case counts as well as our update date vaccinations have not
been updated by Massachusetts since the summer. Um and it says that they will be updating those, but I'm a little disappointed that we we should be getting people vaccinated at this point. It's fall. It's late October. Uh, vaccinations are
recommended right now. So, I'm not sure when Massachusetts is going to start reporting that. And Francis, that's a question of do you have do you have some contact or connection that you can make within the Massachusetts
DPH to say how's this data working or or who we can go to for questions about that? Um, I'll have to ask around to get a source, but yes. >> Okay. Um, the this um this source right
here, which you can access this file and click on this link that takes you to the page where I usually get this data that has the dashboard that says the season ended on June 28th. Period. Um, information for the upcoming season is
not yet available. Likely later in the fall. I just that feels kind of vague. I wish that was updated to at least say something closer since it is fall if they had some information on when this is going to start providing data to us. Um the wastewater numbers do continue to
be reported. They're kind of in the right around 200 level. Our herbbo virus season is is hopefully over. Um so those have been unchanged since kind of late in the summer when Westnau virus jumped to moderate.
uh influenza report has opened up again from Massachusetts. So it it is new. We are at at low right now. Um they've also added an information on just upper illness uh upper respiratory illness. So I'll look at that data to see if there's
something helpful to report. Uh and then similarly the vaccination data is is not current at all. Uh and then RSV at the CDC level. It looks like that season has started. So I'll start looking at that data again as well. What I will say is that um vaccinations
are appear to be readily available. Um if you uh have a health insurance provider that is not based in Massachusetts, then you might have an issue. Um that just depends on the health insurance provider. But I from
what I understand, Massachusetts, if you have a provider um based in Massachusetts, you're going to get covered. Um, but if you try to get a vaccination outside of Massachusetts, then again, it's also variable. So, I know for example, if you want to go get
a COVID shot in New Hampshire, you will be less successful getting that covered or have access to that service. Um, but we have them. And Francis, remind me about how our public clinics are laid
out right now. >> Uh, so we just had one yesterday. Um and then we had one at the beginning uh end of September. Um last night we had 151 people attend. I'm still waiting for numbers on COVID verse flu. Um in
comparison to last year, we always host this clinic for the all ages at middle October um for flu. So um we did actually do higher numbers this year than we did last year. >> Good. Um, the senior clinic, we haven't gotten a definitive number yet, but I
believe we were looking at 288 vaccinations total. So, I'm just waiting for a breakdown. >> Okay. Uh, and then any further clinics planned or scheduled? >> Um, so we're going to talk to the Littleton Volunteer Corps and we're
going to talk to the pharmacy and see if there is any interest in doing one more clinic. Um, we've also kind of talked about maybe next year doing a first responder clinic if there's any interest in that as well. >> What What do you mean by first responder
clinic? >> Oh, sorry. So, uh, fire department, police department, maybe add in town staff as well. >> You mean I'm I'm asking more. You mean a clinic for those people to get vaccinated or a clinic operated by those
people basically? >> Oh, sorry. Yeah. Um, no, this would be for them. Um, a lot of them make their own provisions, but I don't know if they would have an interest in just doing it in office or something like that. >> Okay.
Um, that was an idea that I came up with because I got um I got mine done and as usual felt not exactly 100% the next day and I thought, boy, wouldn't it be nice if we were able to kind of get like um all the all the kids who want
vaccinations done on the same day at school and then the next day is actually a day off from school so that nobody has to miss it sick because they don't feel good from their vaccination. Um, but that's a that's a wish maybe someday down the road if we could have a system
where we actually had better access for people and then also a a kind of a safety net for the next day because I think that's that's hard for people especially in um probably the first responder role is you have to look at saying well I can't really miss my shift tomorrow I don't really want to be
operating at 50% tomorrow and therefore I don't want to get it today but then you're left with having to get a vaccination before your day off which which is always kind of a bummer, too. So, um, yes, I I applaud keep looking into kind of other ways that we can try
to figure out if we can ease the burden on people. Um, and maybe for town staff, it's crazy, but maybe they all are able to get on a Thursday since town hall closes early on Friday so that everybody can only has to suffer, as it were,
through a half day um before they can kind of recover for the weekend. But all >> an interesting idea they floated was possibly doing a a town meeting too, but that might be challenging.
>> Hey, as long as you feel bad the next day, I'm okay with uh >> Yeah, after the vote. >> So, uh yes, please keep trying to explore um ways we can do this. I'm glad that the numbers are up from the clinics we're providing. Um I'm worried that the
numbers are not going to be appreciably higher just globally based upon what what the recommendations have come out and said and and access. So hopefully we can still get people vaccinated and um have a good good winter uh avoiding the
flu and co. >> We've also made um a flyer that will go out tomorrow. it um kind of breaks down what the DPH's recommendations are. Easy to understand for people just to throw it out there. Awesome.
All right. Uh anything else on infectious disease brings us to our 720 agenda item? Administrative matters. So we have meeting minutes approval from September 24th.
I have lost that. One second. Lost my packet. One sec. Okay. I don't think we'll be able to approve those tonight. >> Oh, that's I was going to check. Okay. We cannot approve those because we don't have um enough members present who are
at that meeting. So, Francis, please make sure that gets on to our next meeting. >> We'll do any other administrative matters. Francis. >> Um, we were contacted by Emerson asking
if we wanted to participate in the yellow tulip project again this year. I said yes. Um, we got a 100 bulbs. I will be planting again myself and we'll see how it goes.
>> Remind everybody listening about what the project is, please. >> Sure. Um, so when tulips grow in the spring in a big bunch, it's supposed to um it's supposed to signify um mental
health awareness and stigma and togetherness and how if you're going through any struggle or situation with substance abuse or what have you that there's always a community and always people there to help and support you. Um I hope we grow this in the next couple years to be able to almost have like
events annually as part of it. Um so this year once they grow we'll have 200 tulips. So keep going this way. We might have a really big tulip bunch that will look um really well for the upcoming events. Westford currently does an event each year and so I think we'd model
something similar. >> Cool. And where where are the plantings planned? Uh, so believe it or not, it's very hard to find any place to plant in Littleton that they'll allow. Um, originally we wanted the common, but we
were told no. So they are planted at the library. Um, we would like to be able to plant them at the COA um cuz they have a decent display up front and they have so much traffic going through there right now. But I was
told there is something about a uh a warranty on landscaping that might cause an issue. So TBD uh give us some more information at some point about other places like the
common. >> Mhm. because I I think it would make sense if there was something that we could create that obviously not just all over the place, but if there's something specific, I I think we should at least consider it or not just consider the door automatically closed. Let's have
some conversation about it. >> Um and then I I don't know. I mean, are are school grounds okay? Is the high school have a spot? um they weren't really interested at the time. We can always revisit.
>> Cool. >> Um we're also applying for a grant through Emerson Hospital to um put more funding towards a program we have right now called Memory Cafe. Um it's for residents who are suffering from Alzheimer's disease. Um, basically
it's to promote uh socialization, not being isolated, mental health, um, where caregivers and those affected come in and have a kind of social opportunity. So, we're looking to build that program because it's kind of small right now.
So, be another $8,000 per year. >> Okay. Uh lastly, the um public health nurse next week has a meeting with all the school nurses. Um that's the first time we've been able to kind of get our right together. So our discussion with them is
going to be about how we can do public health education and bridge the gap between the schools and the health department. >> Awesome. again. >> All right. Um before I jump to board members, there's be a good neighbor in
our packet. >> Oh, that's a flyer we just came out with. Um it's for seniors. >> Okay. >> Um so as we are building more materials, I just want to get out to the board as we do it, but um there'll be a lot more coming.
>> Question. uh are we leveraging uh EHS's social media presence or are we building our own as a health department? Um we don't have any right now, but I
think the goal would be to have our own and not latch on to EHS or I mean we're trying to make an identity at this point and so we're just branching out, but we could latch on to their social page. It's going to be a broader conversation with the board, I
think, as an agenda item cuz it's not typically they don't allow everybody just to do it. >> I'm just thinking in means of how to get that flyer out to people. >> So, what we'll do is we'll send it out. >> No, it's a very good point. Um, so what
we'll do on our side right now is we'll send it out through news and announcements for the town. So, anybody who has signed up for any notifications from the town will receive it and then we'll also post it in town at all the public buildings and we can ask private institutions if they want to
post it as well. >> Great. And then the only other thing in there was the uh flu and COVID clinic that you already mentioned. off. >> So, we're going to we are in the process of keeping track of numbers, but we're
also going to do um by age groups so we can see how the metrics change over the years, which I talked to the vice chair about last year as well. >> All right, thank you for all that, Francis. Lots of updates. Um we'll wrap up here with uh board member
updates and any other comments. Anybody like to go first? >> Great. Kevin, go ahead. >> I have no updates. >> All right, Gino. >> Yes. What >> do you have any other updates or
comments to make? Uh, General, >> I think you you guys do the the best that you can do. The question is I hope the people that sell the cigarettes whatever cigar to to you know say to the kids and they come in would you be kind
enough to show me your license? Would you let me know that you are 21 and then you can smoke but it'd be nice if you don't smoke even though you can afford it because of your age. I I met I met a lot of people they they
start s secret then they went on cigar and all of a sudden after a couple years they went they got sick and they said go I'm going to take your advice I'm going to quit and they quit. So sometime
sometime their parents even though they're 21, why you want to smoke smoke a cigarette with cigar? It stinks it and also it's going to hurt you. This is my thing.
I try one time when I was very very young. A friend of mine says, "Hey, we always make chino. We Why don't you take a cigarette one second?" I took the cigarette in my second. My father says to me, "Come over here. I'm going to
give you a hug." He gave me a hug. All right. And I slap in the face because he smelled the cigarette. I said, "Pop, I didn't smoke the cigarette. I only took it to make my friends happy." And he said, "You going to make me happy. Don't
you ever come home and when you give me a hug and you smell cigarette. I learned my lesson because I'm not sick. A lot of my friends not only they got sick, they die.
You understand that? They die because of the smoke. And I come from Italy, from Venice. I learned my lesson. And what you guys doing, you're doing the best you can trying to, you know what I mean? To
advise. That's a very good advice because you care. You know what I mean? That's what >> no drugs, no secrets, no nothing. >> Yep. >> You were lucky to have somebody to help
keep you from hopping on that train. Yeah, I had a lot of people that helped me too. They were very proud of that that I took an advice of my father. >> Yeah,
I was very lucky and I lost so many many friends just because they were smoking. When I went to uh back to Italy, my friend there was smoke and he was a son
of a doctor. I was surprised. He had a big hole here and he he still was smoking. When I left to Italy, I got a letter from their mother. I'm so
sorry. I was very happy to see you, Gino with my son, but now he passed away. And I know why he passed away because he was smoking. Somebody calling. Who called? Message.
Oh, sorry, Gina. We lost you there. All right, Dan. Any updates? >> Uh, no. Just a quick one to tag on to Francis's. This is uh mental health awareness month as we we learned. Um certainly if you are a loved one is in
distress or has needs you know reach out to your primary care to friends family and certainly 988 as a emergency easy contact is always available as well. So if you're you're having concerns stress for yourself or
for a loved one reach out for help because that's why we're all here. >> Yes indeed. Thank you. >> Um I do not believe I have any further updates. >> I'm very happy that I was able to
came to the meeting because I had a problem with my computer. >> Oh, >> it's okay now. >> Well, yeah, this worked okay for us. >> I missed you guys. That's all. >> We want you to be here. Yes. >> Yeah. I was very happy when
this thing was working. I went to see Francis and I apologized because I couldn't be to to the meeting. Now I'm in the meeting. So, and you're doing a good job. >> All right. So,
>> I hope the kids understand that. >> Um, due to a due to a wonky month, it looks like our next meeting is going to be November 12th. So, we skip we skip a week because it's a second and fourth. Okay. Um, but that
should be long enough to get some feedback on the tobacco regulation, right, Francis? Okay. So, I would like to We're getting into that season now. So, I would like to make sure we keep that meeting on the schedule November 12th. Um because the
following meeting will be November 26th, the day before Thanksgiving, which I am guessing that Kevin's already shaking his head. No. So Kevin would like to not have that meeting. Uh and I think we usually cancel that meeting.
Um and then that leads us into December where again it would be December 10th and then December 24th which is also a not popular day to have a meeting. Um, so let's make sure we have the meetings on the 12th and December 10th and then
we'll deal with the new year. Sound good? All >> any crises come up, we can always try to schedule a special in between there someplace. >> Uh, correct. If and Francis, I think the other thing we could do is because we have an extra week right now, we if you want, we could look at doing the 5th and
the 19th in November, which would give us one extra meeting between now and the end of the year. >> Sorry, the the 5th and the 19th. >> Yeah, because that would be two weeks from now and two, you know, it would stay on a twoe cycle. But I know that's
not just up to us. that's making sure we have our video resources and people's availability. So, um I think sort that out over the next few days just so we know. Um but if you feel like there's kind of enough activity or requests
coming in um then I think that's an option we can consider. >> So you let us know when it's going to be the next meeting, right? >> Yes. Yep. I I'll give you a call, Gino. >> Okay. Thank you.
>> Okay, that ends the logistics then. I have nothing else. >> Kevin, >> Mr. Chair, I'd like to make a motion to adjurnn. >> I second. >> Motion and a second. Roll call vote. Kevin Baker. Kevin Baker votes yes. Gina
Faloney. >> Yes. >> Dan Kaine. Dan Kane votes yes. >> Mason votes yes.