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HomeMy WebLinkAbout2019-11-26 Board of Health Minutes Town of Reading � meeting g Minutes OL Board - Committee - commission - Council: 2020 JAS 15 Am 9: 23 Board of Health Date: 2019-11-26 Time: 7:02 PM Building: Reading Town Hall Location: Conference Room Address: 16 Lowell Street Session: Open Session Purpose: General Business Version: Final Attendees: Members - Present: Emmy Dove, Eleanor Shonkoff, Kevin Sexton, Lara Romonowski Members - Not Present: Annmaire Messina Others Present: Jean Delios, Laura Vlasuk Minutes Respectfully Submitted By: Lara Romonowski Topics of Discussion: Chair report • Thanks to Laura, Jean and other Town employees for recent Boil Water Order. • Will start to prepare for BOH goal-development meeting next month. Health Agent Report • See attached update • October: 31 inspections, 9 reinspection, 5 complaints, all 5 complaints inspected, 0 septic abandonments Roundtable • MA DPH weekly report on vaping-related illnesses • Legislature is proposing to ban mint and menthol nicotine in addition to vaping • In light of 2 recent hazardous cleaning material incidents in surrounding areas,wondering if local businesses have lrainings for employees on proper storage and utilization of cleaning materials.Will reach out to Burlington and Woburn BOH to learn what they do. MAHB Certificate Program summary • Dove and Shonkoff both attended this meeting o Food safety and inspections seminar New 2013 food codes and inspection forms are longer, and sometimes it requires an increase of staffing. • Climate change and toxic matters seminar o OLIVER mapping tool-a tool for towns to maptidentify hazmat, landfill, other areas vulnerable to climate change. • Updates to open meeting laws in 2017 • Vaping opposition tactics seminar General Bylaw Article 3.3.1.3 discussion • Suggest inquiring about what other towns have done regarding this bylaw Page 1 1 Pesticide regulations update • Draft sent to Town Council Review minutes from 10-22-19 • Motion to accept meeting minutes from 10-22-19; motion passes 3-0. Motion to adjourn at 7:99pm; motion passes 3-0. Page 1 2 M CUSHING �1 JAMMALLO & CJW WHEELER, INC. P.O.Box an,Ayer MA 01932 PUBLIC SERVICES December 11,2019 DEC 16 2019 Robert W. LeLacheur, Jr. ,READING Town Manager MA Town Hall 16 Lowell Street Reading, Massachusetts 01867 Ms. Emmy Dove, Chairperson Board of Health Town Hall 16 Lowell Street Reading, Massachusetts 01867 Re: Release of Mineral Oil Dielectric Fluid Parkman Road Reading,Massachusetts MADEP Release Tracking No. 3-35936 CJW Project#6001 Dear Ms. Dove and Mr LeLacheur. We are providing this letter to you on behalf of Reading Municipal Light Department (RMLD). The purpose of this letter is two-fold 1. To notify the Town of Reading, in accordance with the Massachusetts Contingency Plan (MCP) [(310 CMR 40.0371(3) and 40.1403(3)(h)], of the availability of the "Immediate Response Action Completion Report and Permanent Solution with No Conditions"for the above-referenced site and Release Tracking Number (RTN). This report has been submitted to the Massachusetts Department of Environmental Protection (MADEP). It pertains to RTN 3-35936 which is associated with a October 17, 2019 release of approximately 36 gallons of mineral oil dielectric fluid (MODF) from a transformer that sat atop a utility pole adjacent to 25 Parkman Road. The transformer landed on the roadway pavement of Parkman Road adjacent to 26 Parkman Road and released MODF to the paved surface along the edge of the roadway and on a portion of the property at 26 Parkman Road. NRC East Environmental Services, Inc. (NRC) responded to the release and performed cleanup activities. The completed Immediate Response Action (I RA) activities have abated the conditions that initially required the IRA and stabilized site conditions to the degree necessary. CJ W further concludes that the release of has been remediated to levels approaching background, a level of No Significant Risk of harm of health, safety, public welfare,and the environment exists or has been achieved, and an Activity and Use Limitation(AUL) is Tel.978-3686320 www.cjw-env.com OW Project#6001 December 11,2019 Paee2 not required to maintain a Permanent Solution with No Conditions[310 CMR 40.1041(1)] at the site. 2. To provide you notification, in accordance with 310 CMR 40.1406(1), that the portion of Parkman Road which was impacted by the release lies within the boundaries of the Disposal Site as shown on a figure within the report which we are providing to you. Please see attached Bureau of Waste Site Cleanup form BWSC 122. Also,please note that Public Involvement Activities may be available under 310 CMR 40.1400. You may also view or obtain a copy of this report on the MADEP's Bureau of Waste Site Cleanup web page, https://www.mass.pov/find-out-about-a-contaminated-property. Please do not hesitate to call us at your convenience if you should have any questions. Sincerely, CUSHING,JAMMALLO & WHEELER, INC. Joseph M. Digitallysigned by Joseph M.Jammallo Mcn=Joseph M.Jammallo,o,ou, Jammallo email=ijammallo@gwena.com,c=us Date:2019.130609:1732 05'00' Joseph M Jammallo, LSP, PG President Enclosures: Immediate Response Action Completion Report and Permanent Solution; BWSC Form 122 cc: Nick D'Alleva, RMLD w/enclosure; Massachusetts Department of Environmental Protection w/enclosure 11.0 Baa 322 A}vx,MA 01432 TW 9783686320 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC122 This notice is related to: L11 INFORMATIONAL NOTICE TO PROPERTY OWNERS Release Tracking Number 3.I - 13593= As Required by 310 CMR 40.1406 of the Massachusetts Contingency Plan(MCP) A. DISPOSAL SITE ADDRESS:(associated with Release Tracking Number provided above) 1. Street Address Parkman Road adjacent to 26 Parkman Road 2. cityrrowm. Reading _ 3. ZIP code. 01867-0000 4.Assessor's Parcel ID: N/A _-- B. THIS NOTICE IS BEING PROVIDED TO THE FOLLOWING PROPERTY OWNER: 1. Name of Property Owner: Town of Reading 2.Address of Property For Which This Notice is Being Provided (property owned by person named in Bi) a. Street Address: Parkman Road adjacent to 26 Parkman Road b. City/Town Reading c. ZIP code. 01867-0000 3.Assessor's Parcel ID: N/A C. THIS NOTICE IS BEING GIVEN :(check one) 1. Upon Completion of a Phase II Comprehensive Site Assessment. �] 2. Upon Submittal of a Permanent or Temporary Solution Statement(i.e., Site Closure Report). ❑ 3. Upon Completion of Additional Investigation showing that Oil or Hazardous Material is not Present at the Property. D. DESCRIPTION OF OIL AND/OR HAZARDOUS MATERIAL PRESENT OR LIKELY TO BE PRESENT AT THE PROPERTY: (check all that apply) AFFECTED ENVIRONMENTAL MEDIA PRINCIPAL CHEMICAL(S)PRESENT Lj 1 soil L 1 2 Groundwater ❑ 3. Surface Water _ ❑ 4. Sediment ❑ 5. Indoor Air ❑ 6. Soil Gas GLI T. Other pavement mineral oil dielectric Fluid constituents (specify) E. ATTACHMENTS PROVIDED WITH THIS NOTICE,AS REQUIRED BY 310 CMR 40.1406: V1 1.A Copy of the Map Showing or a Description Describing the Area where the Oil and/or Hazardous Material is or is likely to be Present. 2,A Copy of the Phase II Comprehensive Site Assessment or Permanent or Temporary Solution Statement Conclusions. 3.Specify the category of Solution that applies to the Disposal Site. W] 1. Permanent Solution with No Conditions. ❑ 2. Permanent Solution with Conditions. ❑ i.An Activity and Use Limitation has been implemented. ❑ ii.An Activity and Use Limitation has not been implemented. ❑ 3.Temporary Solution. Revised: 5130/2014 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC722 This notice is related to'. INFORMATIONAL NOTICE TO PROPERTY OWNERS Release Tracking Number 35936 As Required by 310 CMR 40.1406 or the Massachusetts Contingency Plan(MCP) F. CONTACT INFORMATION RELATING TO THE PARTY PROVIDING THIS NOTICE: 1. Name of Organization: Cushing, Jammallo_& Wheeler, Inc_. 2. Contact First Name: Joseph 3. Last Name Jammallo 4. street: P.O. Box 322 5. Tine: President 6, Cityrtown: Ayer _ 7. state: MA 6. ZIP Code. 04132-0000 g. Telephone: (978) 368-6320 10. Email: Uammallo@ejw-env.com MASSACHUSETTS REGULATIONS THAT REQUIRE THIS NOTICE This notice is being provided pursuant to the Massachusetts Contingency Plan and the notification requirement at 310 CMR 40.1406. The Massachusetts Contingency Plan is a state regulation that specifies requirements for parties who are taking actions to address releases of chemicals(oil or hazardous material) to the environment. THE PERSON(S) PROVIDING THIS NOTICE This notice has been sent to you by the par y(ies)who is/are addressing a release of oil or hazardous material to the environment at the location listed in Section A on the reverse side of this form. PURPOSE OF THIS NOTICE Parties who are taking actions to respond to releases of oil or hazardous material to the environment are required by state regulations(referred to above)to notify the owners of property where the oil or hazardous material is or is likely to be present. These same parties are also required to notify property owners upon completion of actions to address the oil or hazardous material, or if additional investigations show that the oil or hazardous material is not present at a property. Section C on the reverse side of this form indicates the circumstance under which you are receiving this notice at this time. INFORMATION RELATED TO YOUR PROPERTY Section D on the reverse side of this form indicates the type(s)of oil or hazardous material that is or is likely to be present at your property, and the environmental medium(e.g., soil or groundwater)where it is or is likely to be present. Please note that when an investigation indicates that the oil or hazardous material is or is likely to be present at your property,this does not mean that the oil or hazardous material is posing a health risk to you. Parties who are taking actions to address oil and hazardous material releases are required by state regulations to adequately investigate these releases and take necessary actions to ensure that affected properties meet standards that are protective of human health and the environment. ATTACHED MAP OR DESCRIPTION AND REPORT CONCLUSIONS The party providing this notice to you is required to attach a map or description that indicates the boundaries of the area where the oil or hazardous material is or is likely to be present, and the conclusions of the site investigation or closure report (Section E). These attachments should give you additional information about the nature and location of the oil or hazardous material with respect to your property. FOR MORE INFORMATION Information about the general process for addressing releases of oil or hazardous material under the Massachusetts Contingency Plan and related public involvement opportunities may be found at bttp,//vvww mass.gov/eea/agencies/massdep/cleanup. For more information regarding this notice, you may contact the party listed in Section F of this form. Information about the disposal site identified in Section A is also available in files at the Massachusetts Department of Environmental Protection. See http://publicdepstate.ma.us/SearchableSites2/Search aspx to view site-specific files on-line or http;//mass.gov/eea/agencies/massdep/about/contacts/conduct-a-file-review.html if you would like to make an appointment to see these files in person. Please reference the Release Tracking Number listed in the upper right hand corner on the reverse side of this form when making file review appointments. Revised. 5/30/2014 Page 2 of 2 Health Agent update from December 1st to December 31, 2019 • Inspections • Food inspections/re-inspection of food location 25 Inspection, 13 Re-Inspection • complaints/animal inspections/dumpster 3 Complaints 3 Have been inspected and 3 corrected, 0 Pending 0 Animal inspection • Septic Abandonment 1 Location Community Health/Public Health Nursing Division • Flu shots administered • MAVEN 1 Callicivirus/Norovirus 6 Influenza 1 case Salmonellosis • Tobacco update no violations 111 Permits Issued 1 Animal Inspection 49 Food Permits 1 Septage Hauler Permits 56 Dumpster Permits 4 Tobacco Permits Health Agent update from November 1st to November 30, 2019 Inspections • Food inspections/re-inspection of food location 10 Inspection, 4 Re-Inspection • complaints/animal inspections/dumpster 3 Complaints, 3 Have been inspected and 3 corrected, 0 Pending 0 Animal inspection • Septic Abandonment 0 Location Community Health/Public Health Nursing Division • Flu shots administered • MAVEN 1 case Influenza 1 case Salmonellosis • Tobacco update no violations • 103 Permits Issued 49 Food Permits 5 Septage Hauler Permits 45 Dumpster Permits 2 Tobacco Permits 2 Pool Permits The Commonwealth of Massachusetts Executive Office of Health and Human Services US Department of Public Health 250 Washington Street, Boston, MA 02108-4619 CHARLESD.BAKER MARYLOU SUDDERS Governor Secretory KARYN E.POLITO MONICA BHAREL,MD,MPH Lieutenant Governor Commissioner Tel 617,124-6000 www.maee.govldph December 11, 2019 Dear Public Health Colleagues: On Wednesday, November 27, 2019, Governor Baker signed An Act Modernizing Tobacco Control into law.This legislation substantially restricts the sale of e-cigarette and nicotine vaping products(referred to in the law collectively as "electronic nicotine delivery systems") and flavored tobacco products. Certain sections of the new legislation became effective immediately upon signing.The Massachusetts Department of Public Health (DPH) has promulgated an emergency regulation, 105 CMR 665: Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems,to implement these sections.The emergency regulation is effective as of December 11, 2019 and the Department of Public Health and Boards of Health have the authority to enforce the emergency regulation. As a result,there are important new requirements for retail establishments that sell tobacco.These requirements differ depending on what kind of retail establishment you work with and are summarized below.The full text of the regulation is available at: mass.gov/NewTobacco Law. Pursuant to 105 CMR 665: Non-age-restricted establishments (such as convenience and liquor stores): • Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age. • Cannot sell any flavored electronic nicotine delivery systems such as flavored e-cigarettes and flavored vaping products. • Cannot sell electronic nicotine delivery systems with nicotine content greater than 35 milligrams per milliliter. • Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons, or similar endorsements. • Can sell non-flavored electronic nicotine delivery systems with nicotine content 35 milligrams or less per milliliter. o Must maintain records obtained by the manufacturer that validate the nicotine content of electronic nicotine delivery systems available for sale on the premises. This documentation may be provided to the retailer by a distributer, but must have originally come from the manufacturer. • Must keep all tobacco products, including cigarettes and e-cigarettes for sale behind the counter where sales are made, out of reach of consumers and not on the counter. • Must display all of the following signs in plain view by a person standing at the cash register (establishments must use the signs developed and provided by DPH available at mass.gov/NewTobaccoLaw): o The text of Massachusetts General Law Chapter 270,Sections 6 and 6A o A statement that the sale of tobacco products, including e-cigarettes,to someone under the minimum legal sales age is prohibited o Notice that the sale of flavored electronic nicotine delivery systems is prohibited o A warning about the health impacts of vaping o Information on tobacco cessation services Retail Tobacco Stores (retail establishments whose primary purpose is the sale of tobacco products and paraphernalia,and who restrict the entry for people under the age of 21.These include tobacconists, smoke shops, and vape shops): • Must have a municipal permit for sale or distribution of tobacco products, unless in operation before December 11, 2019 in a municipality that has not previously required a permit for operation. • Cannot sell any tobacco products, including cigarettes and e-cigarettes to anyone under the minimum legal sales age. • Cannot sell any flavored electronic nicotine delivery system, such as flavored e-cigarettes and flavored vaping products. • Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities,cartoons or similar endorsements. • Must display the following signs in plain view of a person standing at the cash register(all signs are developed by the Department of Public Health and are available at mass.gov/NewTobaccoLaw): o The text of Massachusetts General Law Chapter 270, Sections 6 and 6A o A statement that the sale of tobacco products, including e-cigarettes,to someone under the minimum legal sales age is prohibited o Notice that the sale of flavored electronic nicotine delivery systems is prohibited o A warning about the health impacts of vaping o Information on tobacco cessation services • Must display the following signs on the exterior of the entrance door(establishments must use the signs developed and provided by DPH available at mass.gov/NewTobaccolaw): o A warning that smoking and vaping maybe present on the premises o Information concerning the health risks of secondhand smoke and vaping o A statement that no person under the age of 21 is allowed on the premises at anytime Smoking Bars: (a retail establishment that exclusively occupies an enclosed indoor space, limits entry to persons over the age of 21, and primarily sells tobacco products for onsite consumption.): • Must have a municipal permit for sale or distribution of tobacco products, unless in operation before December 11, 2019 in a municipality that has not previously required a permit for operation. • Cannot advertise tobacco products that they cannot sell, use fraudulent or misleading statements in advertising, or display advertisements with celebrities, cartoons or similar endorsements. • Can sell flavored electronic nicotine delivery systems such as flavored e-cigarettes and flavored vaping products for on-site consumption only. • Must display the following signs in plain view of a person standing at the cash register(all signs are developed by the Department of Public Health and are available at mass.gov/NewTobaccoLaw): o The text of Massachusetts General Law Chapter 270, Sections 6 and 6A o A statement that the sale of tobacco products, including e-cigarettes,to someone under the minimum legal sales age is prohibited o A warning about the health impacts of vaping o Information on tobacco cessation services • Must display the following signs on the exterior of the entrance door(establishments must use the signs developed and provided by DPH available at mass.gov/NewTobaccoLaw): o A warning that smoking and vaping may be present on the premises o Information concerning the health risks of second hand smoke and vaping o A statement that no person under the age of 21 is allowed on the premises at any time Other sections of the new legislation,An Act Modernizing Tobacco Control, go into effect on lune 1, 2020. DPH has summarized those sections that pertain to DPH. Please note that there are additional sections of An Act Modernizing Tobacco Control, including sections pertaining to the regulation of insurance and taxation.Those sections are not summarized here. Beginning on lune 1,2020: Non-age-restricted establishments: • Cannot sell any tobacco products that have a characterizing flavor(e.g, menthol cigarettes and flavored cigars and chewing tobacco)or tobacco product flavor enhancer. Retail Tobacco Stores: • Cannot sell any tobacco products that have a characterizing flavor(e.g. menthol cigarettes and flavored cigars and chewing tobacco) or tobacco product flavor enhancer. Smoking Bars: • Can sell tobacco products that have a characterizing flavor(e.g. menthol cigarettes and flavored cigars and chewing tobacco) or tobacco product flavor enhancer for consumption on-site. The following resources are available to assist you in educating your retailers and helping them to comply with the new legislation and DPH regulation: • Standard Retailer Inspection form • Chart of required signage and what can be sold by retailer • Link to the Massachusetts Health Promotion Clearinghouse The Massachusetts Tobacco Cessation and Prevention Program will be conducting a webinar to further assist you on December 12, 2019 at 3:00 pm. OFFICE OF THE GOVERNOR Z\ COMMONWEALTH OF MASSACHUSETTS STATE HOUSE • BOSTON, MA 02133 (617) 725-4000 CHARLES D. BAKER KARYN E. POLITO GOVERNOR LIEUTENANT GOVERNOR TERMINATION OF PUBLIC HEALTH EMERGENCY DECLARED PURSUANT TO G. L. c. 17, § 2A WHEREAS, on September 24, 2019,I, Charles D. Baker, Governor of the Commonwealth of Massachusetts, acting pursuant to General Laws chapter 17, section 2A, declared that a multistate outbreak of severe lung disease associated with the use of vaping products and e-cigarettes constituted an emergency detrimental to the public health; and WHEREAS, also on September 24, 2019,the Commissioner of Public Health, acting pursuant to authority granted by my emergency declaration and with the approval of the Public Health Council, issued an Order temporarily prohibiting the sale or display of vaping products and e-cigarettes to consumers in the Commonwealth; and WHEREAS, on November 12, 2019, the Executive Director of the Cannabis Control Commission made a determination that vaporizer products pose an immediate threat to the public health and, acting under independent authority of the Commission,issued a Quarantine Order temporarily prohibiting the sale of vaporizer products by licensed Marijuana Establishments and Medical Marijuana Treatment Centers; and WHEREAS, the Legislature enacted and on November 30, 2019 I signed into law Chapter 133 of the Acts of 2019, a comprehensive tobacco and vaping control statute that substantially restricts the availability of nicotine vaping products and e-cigarettes in the Commonwealth and adopts certain other measures designed to protect against the health risks of vaping products and e-cigarettes; and WHEREAS, on December 11,2019, acting pursuant to authority granted to it by the new law,the Department of Public Health adopted regulations on an emergency basis to implement additional controls on the sale of nicotine vaping products and e-cigarettes and to require retailers to post warnings identifying the dangers these products present in order to protect the public health; and WHEREAS, while the underlying public health concerns associated with the use of vaping products and e-cigarettes and identified in my September 24, 2019 declaration remain, the need for addressing these public health concerns through measures adopted pursuant to General Laws chapter 17, section 2A has abated in view of the intervening actions of the Legislature, the Cannabis Control Commission, and the Department of Public Health; NOW THEREFORE, I declare that the public health emergency declared on September 24,2019 is hereby terminated. Given this 11th day of December,two thousand and nineteen. CHARLES D. BAKER Governor Please be advised that the following does not constitute the official version of this regulation. As is the case with all state regulations official versions are available once published from the Secretary of the Commonwealth's State Publications and Regulations Division, through the State Bookstore in Boston at (617) 727-2834. 105 CMR 665.000: MINIMUM STANDARDS FOR RETAIL SALE OF TOBACCO AND ELECTRONIC NICOTINE DELIVERY SYSTEMS 665.005 Definitions 665.010 Sale of Tobacco Products and Electronic Nicotine Delivery Systems 665.013 Permitting Requirements 665.015 Required Signage 665.017 Advertising 665.020 Identification Requirements 665.025 Prohibition on Coupons and Other Discounts 665.030 Out-of-Package Sales 665.035 Liquid Nicotine Containers 665.040 Requirements for Retail Establishments 665.045 Violations 665.050 Order to Cease and Desist 665.055 Enforcement 665.060 Severability 665.005: Definitions Board of Health means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or town. Business Agent means an individual who has been designated by the owner or operator of any tobacco retail store or smoking bar to be the manager or otherwise in charge of said establishment. Characterizing Flavor means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of a tobacco product, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. Child-Resistant Packaging means packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 to 1476, inclusive. Coupon means any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price. Department means the Massachusetts Department of Public Health. Distimmishable means perceivable by either the sense of smell or taste. Electronic Nicotine Delivery System means an electronic device, whether for 1-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that"electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that"electronic nicotine delivery system" shall also include any component, part, or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that"electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose. Electronic Nicotine Delivery System Flavor Enhancer means any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any electronic nicotine delivery system. Flavored Electronic Nicotine Delivery System means any electronic nicotine delivery system, or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of an electronic nicotine delivery system, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such electronic nicotine delivery system,that such electronic nicotine delivery system has or produces a characterizing flavor shall constitute presumptive evidence that the electronic nicotine delivery system is a Flavored Electronic Nicotine Delivery System. Liquid Nicotine Container means a package: (i) from which nicotine or other substance in a solution or other form is accessible through normal and foreseeable use by a consumer; and (ii)that is used to hold soluble nicotine or other substance in any concentration; provided,however, that"liquid nicotine container" shall not include a sealed, prefilled and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. Listed or Non-Discounted Price means the higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the state price, and before the application of any discounts or coupons. Minimum Legal Sales Age means the minimum age of a person to whom a tobacco product may be sold or provided as determined by the Board of Health,provided that such age may not be less than 21 years of age except for those individuals who attained the age of 18 before December 31, 2018, as verified by said person's proof of identification; provided further that a person who attained the age of 18 before December 31,2018 shall be subject to any municipal ordinance, by-law or other regulation that prohibited sales of tobacco products to persons under the age of 19, 20 or 21 in effect on December 30, 2018. Person means any individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver. Retail Establishment means a physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers. Retailer means a person that operates a retail establishment. Retail Tobacco Store means an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 21 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city or town where the establishment is located. Smoking Bar means an establishment that: (i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person under 21 years of age; (iii)prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the appropriate authority in the city or town in which the establishment is located; and (v) maintains a valid permit issued by the department of revenue to operate as a smoking bar. Tobacco product means a product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization; provided, however,that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further,that "tobacco product" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose. 665.010: Sale of Tobacco Products and Electronic Nicotine Delivery Svstems (A) No person shall sell or provide a tobacco product to any individual under the minimum legal sales age, as verified by said person's valid government-issued photographic identification. (B) Retail establishments other than retail tobacco stores or smoking bars shall not place any tobacco product on the counter, but shall place all tobacco products for sale behind the counter where retail sales are made in the establishment and out of the reach of consumers. (C) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter outside of a retail tobacco store or smoking bar. Retail establishments including retail tobacco stores or smoking bars may sell or provide unflavored electronic nicotine delivery systems with nicotine content less than or equal to 35 milligrams per milliliter. Prior to the sale of such a product in a retail establishment other than a retail tobacco store or smoking bar,the product's manufacturer must submit to the owner, retailer, or other person in charge of any retail establishment that is not a retail tobacco store or smoking bar documentation indicating the nicotine content expressed as milligrams per milliliter for each product to be sold in the retail establishment. The owner, retailer, or other person in charge of the retail establishment must maintain record of the nicotine content submitted by the manufacturer for each electronic nicotine delivery system sold or offered for sale within the retail establishment, and provide such records upon request of any authorized enforcement agent, including Boards of Health or their agents and the Department or its agents. (D) No person, retail establishment, or manufacturer shall sell, distribute, cause to be sold or distributed, or offer for sale to a consumer located in the Commonwealth a flavored electronic nicotine delivery system or electronic nicotine delivery system flavor enhancer except for a smoking bar for on-site consumption. (E) No person, retail establishment, or manufacturer shall sell online, distribute online, or cause to be sold or distributed online to any consumer located in the Commonwealth, an electronic nicotine delivery system, except for a non-flavored electronic nicotine delivery system with nicotine content less than or equal to 35 milligrams per milliliter. 665.013 Permitting Requirements (A) All retail tobacco stores and smoking bars shall obtain prior to operation and shall maintain during any period of operation a municipal permit allowing the sale or distribution of tobacco products. (B) Retail tobacco stores and smoking bars in operation prior to December 11, 2019, and compliant with all then existing permitting requirements in the municipality in which they operate shall not be subject to 105 CMR 665.013(A) unless the municipality in which they operate later imposes a municipal permitting requirement applicable to such establishments. 665.015: Required Signage (A) All retail establishments, including smoking bars and retail tobacco stores, shalt conspicuously post signage, in the form developed and made available by the Department. Such signage shall include: (i) a copy of MGL c. 270, §§ 6 and 6A, (ii) referral information for smoking cessation resources, (iii) a statement that sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age of[AGE] years is prohibited, (iv)health warnings associated with using electronic nicotine delivery systems, and , (v) except in the case of smoking bars, notice to consumers that the sale of flavored electronic nicotine systems are prohibited at all times. Such signage shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four(4) feet or greater than nine (9) feet from the floor. (B) In addition to the signage required by 105 CMR 665.015(A), smoking bars and retail tobacco stores shall post signage, in the form developed and made available by the Department, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 from the bottom of the door. Such signage shall: (i)warn persons entering that smoking and vaping may be present on the premises, and provide information concerning the health risks associated with second-hand smoke and the use of electronic nicotine delivery systems; and (ii) state that "No person under the age of 21 years is permitted on the premises at any time." (C) The owner, retailer, or other person in charge of a retail establishment shall conspicuously post any additional signs required by the Department in a form and manner as required by the Department. (D) Any person who violates 105 CMR 665.015 shall be subject to the provisions of 105 CMR 665.045; provided that, however, any retail establishment who violates 105 CMR 665.015(A)(i)or 105 CMR 665.015(A)(ii) shall additionally be subject to a fine of not more than $50. Any person found to have unlawfully removed a copy of the postings required by 105 CMR 665.015(A)(i) or 105 CMR 665.015(A)(ii) shall be punished by a fine of not more than $10. 665.017: Advertising (A) No person or retail establishment shall: (1) Market or advertise a proposed sale or distribution of any tobacco product prohibited for sale or distribution within the retail establishment; or (2) Use fraudulent or misleading statements in advertisements for tobacco products, including the use of any safety or efficacy claims that have not been approved by the United States Food and Drug Administration; or (3) Use or display tobacco product advertisements that depict celebrities, mascots, sponsorships, cartoons, or any other similar endorsements. 665.020: Identification Requirements (A) Unless otherwise specified in 105 CMR 665.000, each person selling or providing tobacco products shall verify the age of the purchaser by means of a valid government- issued photographic identification containing the bearer's date of birth that the purchaser is the minimum legal sales age, as verified by said person's proof of identification. (B) In addition to the requirements of 105 CMR 665.020(A), an employee of a retail tobacco store or smoking bar must inspect the individual's valid government-issued photographic identification and determine the individual's age prior to said individual entering said tobacco retail store or smoking bar. An individual shall not be admitted to the tobacco retail store or smoking bar unless the employee has verified that the individual meets minimum legal sales age, as verified by said person's proof of identification. (C) Mail-order or internet sales shall require verification that the purchaser is at least the Minimum Legal Sales Age. Verification of age through the mail or intemet shall consist of, at a minimum: (1) verification that the purchaser is of the Minimum Legal Sales Age through a commercially available database, or aggregate of databases,that is regularly used by government and business for the purpose of age and identity verification; and (2) use of a method of mailing, shipping, or delivery that requires signature of a person who is of the Minimum Legal Sales Age before the shipping package is released. (3) Any information required to complete the age verification process must be re quested on a form separate from that used to collect payment information, shall not include Personal Information as defined by M.G.L. c. 93H, and shall not be used for any purposes other than age verification. 665.025: Prohibition on Coupons and Other Discounts No person shall accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product without charge or for less than the listed or non-discounted price. No retail establishment that is not a retail tobacco store or smoking bar, or any other establishment shall distribute or cause to be distributed a free sample of a tobacco product. 665.030: Out-of-Package Sales (A) The sale of tobacco products, as defined herein, in any form other than an original factory wrapped package is prohibited, including the repackaging or dispensing of any tobacco product for retail sale. (B) No person shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. 665.035: Liquid Nicotine Container Packaging No person shall knowingly sell or provide: (A) A liquid or gel substance containing nicotine unless the substance is contained in child- resistant packaging; or (B) A liquid nicotine container unless the container includes child-resistant packaging as part of its design. 665.040: Requirements for Retail Establishments A retail establishment operating on or after December 11, 2019, must meet the following requirements: (A) Only establishments with a permanent, non-mobile location are eligible to operate. (B) Operation of a retail establishment shall be conditioned on the retailer's or retail establishment owner's consent to unannounced, periodic inspections of his or her retail establishment and tobacco products to ensure compliance with 105 CMR 665.000 and any applicable local regulations, orders, or ordinances. (C) A retail establishment shall be prohibited from selling tobacco products if the retailer or owner of the retail establishment has failed to pay all fines issued and the time period to appeal the fines has expired and/or the retail establishment has not satisfied any outstanding orders issued pursuant to 105 CMR 665.000. (D) Sale of a tobacco product by a retail establishment to a person under the minimum sales age shall result in the retail establishment being prohibited from selling tobacco products for up to 30 consecutive business days. 665.045: Violations Unless otherwise specified or provided for in 105 CMR 665.000, violations of 105 CMR 665.000 shall be assessed as follows: (A) It shall be the responsibility of any person to ensure compliance with 105 CMR 665.000. If an inspection pursuant to 105 CMR 665.000 reveals a retail establishment, and/or his or her business agent does not comply with the provisions of 105 CMR 665.000, the retail establishment shall be ordered to comply with the violated provision of 105 CMR 665.000. In addition to the correction order, the following fines and actions apply against any person who violates 105 CMR 665.000: (1) In the case of a first violation, a fine of$1,000 shall be imposed. (2) In the case of a second violation within a period of 36 months from the first violation, a fine of$2,000 shall be imposed; and a prohibition on the sale of tobacco products may be imposed for at least one day and up to seven consecutive business days. (3) In the case of a third violation within a period of 36 months from the first violation or additional violations during that time period, a fine of$5,000 shall be imposed; and a prohibition on the sale of tobacco products may be imposed for at least seven consecutive business days and up to 30 consecutive business days. (B) Failure to cooperate with inspections pursuant to this regulation shall result in the prohibition on the sale of tobacco products for up to 30 consecutive business days. (C) Consistent with 105 CMR 665.055, a retail establishment shall be provided notice of the intent to prohibit the sale of tobacco products at or by the retail establishment. The notice shall contain the reasons therefor and establish a time and date for a hearing. The retail establishment or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the decision regarding the retail establishment's prohibition from selling tobacco products and the reasons therefor in writing. After a hearing, the retail establishment may be prohibited from selling tobacco products upon a finding that a violation of 105 CMR 665.000 for which such prohibition is applicable occurred. All tobacco products shall be removed from the retail establishment upon an indefinite suspension from operating as a retail establishment. Failure to remove all tobacco products shall constitute a separate violation of 105 CMR 665.000. (D) Separate Violations: Each day any violation of 105 CMR 665.000 exists shall be deemed to be a separate offense. 665.050: Order to Cease and Desist (A) An Order to Cease and Desist may be issued by the Department or Board of Health to a person or a business agent of a retail establishment upon the regulatory authority's reasonable belief that: (1) A person is conducting sales of tobacco products in violation of the law, regulations, and/or standards applicable to it; or (2) A person refuses access to the premises and/or records to authorized enforcement agents; or (3) A person or retail establishment is operating in a manner that may pose an imminent danger to the public health; or (4) A retail establishment has failed to comply with a correction order within the time specified; or (5) A retail establishment is operating in a manner that is unsafe or otherwise below the accepted standards for the type of operation and summary closure is authorized by statute on these grounds. (B) Service of Orders to Cease and Desist shall be on the person or retail establishment or business agent of the retail establishment by: (1) Personal delivery by an agent of the regulatory agency; or (2) Posting in a conspicuous place at the retail establishment; or (3) Simultaneously mailing, by first class and certified mail return receipt requested; or (4) By any officer of the Commonwealth authorized to make service. Notice is deemed to be served if the person or retail establishment or business agent of the retail establishment has actual notice of the Order to Cease and Desist. 665.055: Enforcement (A) Local Enforcement. (1) General Procedures. Unless otherwise expressly provided in any general law to the contrary, each board of health may enforce 105 CMR 665.000, or otherwise at law or in equity in the same manner that local rules and regulations are enforced. (2) Emergency Procedures. (a) Whenever an emergency related to tobacco products exists in which the interest of protecting the public health requires that ordinary procedures be dispensed with, the board of health or its authorized agent, acting in accordance with the provisions of M.G.L. c. 111, § 30, may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as the board of health deems necessary to meet the emergency. Any person to whom such order is directed shall comply therewith within the time specified in the order. Each day's failure to comply with the order shall constitute a separate offense. Upon compliance with the order and within seven days after the day the order has been served,he or she may file a written petition in the office of the board of health requesting a hearing. fie or she shall be granted a hearing as soon as possible, but not later than ten days after the filing of the petition. The procedures for such hearing shall otherwise conform with the hearing requirements which would have existed had the order been issued under non-emergency circumstances. (b)No provision of this subsection shall be construed as a limitation on the emergency powers of the Department of Public Health of the Commonwealth or its Commissioner. (B) Complaints. Any person who desires to register a complaint pursuant to the regulation may do so by contacting the Board of Health or its designated agent(s) in the town where the retail establishment is located. (C) State Enforcement. (1) Whenever any Board of Health has failed after a reasonable length of time to enforce the 105 CMR 665.000 the Commissioner of Public Health of the Commonwealth or his or her designated representative may act for the Commonwealth in any way that the local board of health is authorized to act to effect compliance. (2) Upon the determination by the federal Food and Drug Administration or the federal Centers for Disease Control and Prevention or other regulatory authority that an electronic nicotine delivery system has been shown by substantial epidemiologic, laboratory, or other evidence to be the cause of an imminent danger to public health, the Commissioner of Public Health may place a ban or restriction on the sale of such electronic nicotine delivery system. (D) Service of Orders (1) Unless otherwise stated herein, orders issued under the provisions of 105 CMR 665.000 shall be servedonall persons responsible for the violation of such regulation. (2) These orders shall be served in the following manner: (a) personally, by any person authorized to serve civil process, or (b)by any person authorized to serve civil process by leaving a copy of the order at his last and usual place of abode, or (c) by sending him a copy of the order by registered or certified mail, return receipt requested, if he is within the Commonwealth, or (d) if his last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the order in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building or premises affected is situated. (E) Hearings (1) Procedure for Requesting and Holding Hearing. Unless otherwise specified herein, the person or persons to whom any order has been served pursuant to any section of 105 CMR 665.000 may request a hearing before the Board of Health or the Department, as applicable, by filing with the Board of Health or the Department, as applicable, within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board of Health or the Department, as applicable, shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The Board of Health or the Department, as applicable, upon application of the petitioner, may postpone the date of hearing for a reasonable time beyond such 30-day period if in the judgment of the Board of Health or the Department, as applicable, the petitioner has submitted a good and sufficient reason for such postponement. (2) Hearing of Petitioner. At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. (3) Procedure by the Board After Hearing. After the hearing the Board of Health or the Department, as applicable, shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision. If the Board of Health or the Department, as applicable, sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification. (4) Public Record. Every notice, order, or other record prepared by the Board of Health or the Department, as applicable, connection with the hearing shall be entered as a matter of public record in the office of the clerk of the city or town, or in the office of the Board of Health or the Department, as applicable. (5) Hearing Petition not Submitted or Sustaining of Order. If a written petition for a hearing is not filed with the board of health within seven days after the day an order has been served or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense. (F) Judicial Anneals. Any person aggrieved by the final decision of the Board of Health or the Department, as applicable, with respect to any order or other action taken with respect to 105 CMR 665.000 may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth. 665.060: Severability If any provision of 105 CMR 665.000 is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. REGULATORY AUTHORITY: St. 2018, c. 157, §§17 through 19; MGL c. 111, § 239; and MGL c. 270, §§ 6, 7, and 27 through 29. State Tobacco Law Effective immediately all retail stores can resume selling vape products as long as they are unflavored or tobacco flavored as follows: Family friendly stores (convenience stores, gas station mini-marts, those stores that are not age-restricted) can sell unflavored vape products with a nicotine content of 35mg/ml or less. Adult-only stores (those that restrict entry to customers age 21 and older) can sell unflavored vape products with higher than 35mg/ml content. Smoking bars can sell flavored products for consumption on premises only. ADDITIONAL REMNDERS: The ban on menthol cigarettes will go into effect June 1, 2020. The flavor restriction for cigars, chewing tobacco and all other tobacco products is still in effect. . The cigar minimum price is still in effect. Minimum price of $2.50 plus sales tax for any single cigar and minimum price of $5.00 plus sales tax for any multipack. Refer callers to mass.gov/NewTobaccoLaw for additional information. Maureen Buzby December 12, 2019 Pest Management Regulation for Land Owned by the Town of Reading SECTION I — FINDINGS & PURPOSE WHEREAS, all pesticides are toxic to some degree and the commonplace, widespread use of pesticides is both a major environmental problem and a public health issue; WHEREAS, all citizens, and in particular children, as well as other inhabitants of our natural environment, have a right to protection from exposure to hazardous chemicals and pesticides in particular; WHEREAS, a balanced and healthy ecosystem is vital to the health of the town and its citizens; and as such is also in need of protection from exposure to hazardous chemicals and pesticides; WHEREAS, when an activity raises threats of harm to the environment or human health, precautionary measures should be taken, even if some cause and effect relationships are not yet fully established; and WHEREAS, it is in the best interest of public health to: 1) eliminate the use of toxic pesticides on Town-owned land; 2) encourage the reduction and elimination of the use of toxic pesticides on private property; and, 3) introduce and promote natural, organic cultural and management practices to prevent and, when necessary, control pest problems on Town-owned land; NOW, THEREFORE, the Board of Health finds and declares that the purposes of this Pest Management Regulation are: 1) to protect the public health by restricting the use of hazardous chemicals and pesticides on Town-owned land; 2) to guarantee the right of the residents of the Town of Reading the safe use of Town-owned land; and, 3) to encourage the reduction and elimination of the use of toxic pesticides on private property. SECTION II —AUTHORITY This regulation is issued under the authority granted to the Reading Board of Health by the Reading Select Board, which has care, custody, and control of Town-owned land, has delegated this authority over such land to the Board of Health only to the extent required to adopt and enforce this regulation. Any future amendment to this regulation shall have no force and effect unless and until specific authority to adopt such amendment is delegated by the Select Board. SECTION 111 — DEFINITIONS The following words and phrases, whenever used in this regulation, shall be construed as defined in this section: Pesticides shall mean herbicides, fungicides, insecticides, miticides, avicides, rodenticides and other substances or mixtures of substances that are formulated or intended to prevent, destroy, repel, or mitigate pests or to defoliate, desiccate, or regulate undesirable plants. Only Pesticides that are classified as known, likely, or probable human carcinogens or probable endocrine disruptors, or those Pesticides that meet the criteria for Toxicity Category I or Toxicity Category II, as defined by the United States Environmental Protection Act in 40 CFR 156 shall be deemed to be subject to this regulation. Pests shall mean undesirable plants, insects, fungi, bacteria, and rodents, birds and other animals. Common examples in turf grass and the landscape can be, but are not limited to, crabgrass, knotweed, poison ivy, chinch bugs, grubs, and a variety of plant pathogens. Town-owned land shall mean sidewalks and tree lawns owned by the Town of Reading. SECTION IV— PROHIBITION The use and application of toxic pesticides is prohibited on all Town-owned land, unless exempt from this regulation pursuant to Section VI. SECTION V— CONTROL OF POTENTIAL PEST PROBLEMS The Board of Health has determined that Organic Pest Management practices, i.e. natural, organic turf and landscape cultural practices and maintenance, shall be the method of choice to understand, prevent, and control potential pest problems. Control products used under the terms of this regulation shall be those products on the approved list of the Northeast Organic Farmers Association Organic Landcare Program and/or the Organic Materials Review Institute of Eugene, Oregon, or such other lists or products as may be approved by the Board of Health from time to time. SECTION VI — EXEMPTIONS All pest management activities taking place on Town-owned land shall be subject to this regulation, except as follows: 1. Pesticides in contained baits or traps for the purpose of rodent control. 2. Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR 152.25, or those pesticides of a character not requiring regulation pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act. 4. The use of chemical controls pursuant to a waiver approved in advance and in writing by the Board of Health or its designee in the event of a public health emergency as determined by the Board of Health; provided, however, that such authority to grant a temporary waiver shall be limited to a period of 30 days; and provided further that such waiver may be extended for an additional period not to exceed six months but only by a vote of the Board of Health. A. The Board of Health or its designee shall determine if such a waiver is warranted based on (1) whether the pest situation poses a threat to human health; and (2) whether viable alternatives consistent with this regulation exist. B. Any person granted a waiver hereunder shall comply with all applicable laws, rules and regulations of the Commonwealth of Massachusetts including, but not limited to those requiring notification to site users, abutters, and the proper method for storage, application, and posting. SECTION VI"OMPLAINTS Upon the first written complaint received about any practices or acts that may violate any provision of this regulation, the Board of Health or its designee, shall document the complaint and shall issue a copy of this regulation to the subject of the complaint. Upon second and subsequent written complaints: 1. If the Board of Health or its designee finds that an investigation is not required because the alleged act or practice is not in violation of this regulation, the Board of Health or its designee shall notify the complainant of such finding and the reasons upon which it is based. The Board of Health shall maintain a copy of each complaint and finding. 2. If the Board of Health or its designee finds that an investigation is warranted, such investigation shall be conducted, and of the Board of Health or its designee finds that there has been a violation of this regulation, then the Board of Health shall be authorized to take such action and institute such proceedings as are provided by law. SECTION Vlll –VIOLATIONS AND PENALTIES It shall be unlawful for any person to use or apply any toxic pesticides on any Town-owned land except as specifically authorized in this regulation. Any person who violates any provision of this regulation shall be subject to a fine of$50 for a first offense, $100 for a second offense, and $150 for each subsequent offense. Each application of a prohibited pesticide in violation of this regulation shall be deemed to be a separate offense. Citations for violations of this regulation may be in such form as the Board of Health may determine. In addition to the penalties provided for hereunder, the Board of Health, with the prior approval of the Select Board, shall have the authority to file a civil suit for damages to compensate the Town for all costs incurred as a result of violations of this regulation. SECTION IX - OTHER APPLICABLE LAWS This regulation shall not be interpreted or construed to permit the application or use of pesticides or other hazardous materials where such use or application is restricted by other applicable health, environmental, safety or fire codes, regulations or statutes. SECTION X– SEVERABILITY If any provision of this regulation is declared invalid or unenforceable, for any reason, in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the regulation shall be deemed to be affected to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Section I. SECTION XI—EFFECTIVE DATE This regulation shall be effective Adopted: By the Board of Health Pest Management Regulation for Land Owned by the Town of Reading .SECTION I-IntemIFINDINGS&PURPOS Porm,tt, rv,c:eua The Board of H--fth dnAA hereby find thaC sorn„ae:ronmm FOmntteA:PonF Pd0 All WHEREAS, all pesticides are toxic to some degree and the commonplace, rmmarxn:names widespread use of pesticides is both a major environmental problem and a public health issue; ANWHEREAS. all citizens, and in particular children, as well as other inhabitants of our natural environment, have a right to protection from exposure to hazardous chemicals and pesticides in particular, AWHEREAS a balanced and healthy ecosystem is vital to the health of the town and its citizens; and as such is also in need of protection from exposure to hazardous chemicals and pesticides; WhenWHEREAS. when an activity raises threats of harm to the environment or human health, precautionary measures should be taken,even if some cause and effect relationships are not yet fully established;and NVJHEREAS. it is in the best interest of public health tom eliminate the use of toxic pesticides on Town—owned land; tot encourage the reduction and elimination of the use of toxic pesticides on private property; and4o 3)introduce and promote natural, organic cultural and management practices to prevent and, when necessary,control pest problems on Town-owned land; AccordinglyNOW. THEREFORE, the Board of Health finds and declares that the purposes of the rethis Pest Management RegulagensRegulation are-(_1)to protect the public health by restricting the use of hazardous chemicals and pesticides on Town-owned land-L2)to guarantee the right of the residents of the tewnTown of Reading the safe use of publisTown-owned land-( a`d 3) to encourage the reduction and elimination of the use of toxic pesticides on private property. SECTION 11-AUTHORITY Fo.n.attea:Foac:eaa This regulation is issued under the authority granted to the Reading Board of—�enm Health Boards at Health may mPkA Seasonable health by the Reading Select Board which has care custody and unde"hecontrol of Town-owned land has delegated this authority gremtedover such land to the Reading-Board of Health unaa 2only to make reguahsia -fei-the pu§Io�Jrealthextent required to adopt and safety-relative nuisanses enforce this aulatio Any future amendment to this regulation shall have no force and �sseRect less and until s2e 'fc autho ty to adopt such amendment is delegated by the Select Board. SECTION III DEFINITIONS Fermmea:rant eou The following words and phrases,whenever used in Regulatieasthis regulatipn, shall be construed as defined in this section: Pesticides shall mean herbicides,fungi 'des insecticides miticides avicides rodenticides d other substances or mixtures of substances that are tom elated or intended to prevent, destroy,repel or mitigate pests or to defoliate desiccate r regulate undesirable giants. Only PesticWts that are olassmed as known likely probable human carcinogens or probable 20docrined' raptors or those Pesticides that meet the cri<ena for Take tv Category I or Toxicity Category II as defined by the United States Environmental Protection Act in 40 CFR 156 shall be deemed to be subiect to this regulation PestsHladeNrable shall mean undesirable plants,insects,fungi, bacteria,and rodents,birds and other animals.Common examples in turf grass and the landscape can be, but are not limited to,crabgrass,knotweed, poison ivy,chinch bugs,grubs, and a variety of plant pathogens. OF M t gets POSW-F defoliate des esste -F Fall 1-1-plant,*as defined by the endoixinedsoupt-r- 9F th-SP past Sides that meet the Aritgria for TAX at) PFoteGton8ct(EPA) resale Fedesa- Re Town-owned land s all mean sidewalks and tree lawns owned by the Town of Reading+ C CTION IV PROHIBITION / vormepea:font eotl The use and application of toxic e4emiGa4estiades—ieTfwwate-senMast , is prohibited on all Town-owned landsland unless exempt from this regulation pursuant to Section VI. SECTION V—CONTROL OF POTENTIAL PEST PROBLEMS 'F°"''BO''0 The Board of Health has determined that Organic Pest Management practices, i.e.natural, organic turf and landscape cultural practices and maintenance,shall be the method of choice to understand, prevent,and control potential pest problem Control products used under the terms of this RegWetienregulalion shall be those products on the approved list of NOFNMass{Lq_Northeasl Organic ParmersFarners Association lMass:)Organic Landcare Program and/or the Organic Materials Review Institute of Eugene, Oregon,or such other lists or products as may be approved by the ape-Board of Health from time to time. SECTION VI EXEMPTIONS °;font:mm AII-eutdeer pest management activities taking place on Town-of-Reading=owned land shall be subject to arsthis regulation,except as follows: �e9ply 21.Pesticides in Contained bads or traps for the purpose of rodent control. 32. Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40GRF40 CFR 152.25,or those pesticides of a character not requiring FIFRA-regulatioursuant to the Federal Insectici Fungicide,and Rodenticide Act. 4. The use of chemical Controls"pursuant to a waiver approved in advance and in writing by the Neaith-Agent-�Board of Health or is designee in the event of a public health emergency as determined-lby4he,44eaftlh-Ageflt-or by the Board of Health;provided, however,that such authority to grant a temporary waiver shall be limited to a period of thill days-AnY' and provided further that such waiver may be extended for an additional period not to exceed six months but only by a vote of the Board of Health. A The Board of Health or is designee shall determine if such a waiver is warranted based on til whether the pest situation poses a threat to human health and (2)whether viable alternatives consistent with this regulation exist. a. Any person granted a waiver hereunder romimaa:Numbnm+Lee:L+Numb.Nlq styes: shall comply with all applicable laws, rules and regulations of the c-ae a�taom:r+nignmene:ret+ugam at: 0.2 Commonwealth of Massachusetts including,but not limitetl to those requiring notification to site users, abutters, and the proper method for storage,application,and posting. SECTION Vila—COMPLAINTS wmercea:ranc ode roraaaees:rant eau A.—Upon the first written sempWRtscomplaint received about any practices or acts that may violate any provision of theseRegulationsregulation,the Board of Health Agentor its designee shall document the complaint and shall issue a copy ofthisregulation to the property owraeir.subject of the complaint. R Upon second and subsequent written complaints: t 1_If the-Board of Health Agentor its deslgllee finds that an investigation is Far.aneA:xumecm+Lore:to Numiaed,Slyt:42, or 9 not required because the alleged act practice is not in violation of these s,--+s.n ae r+nuynmma Let+Alyn at: 0ss + rmmtae os• ReguHNenslhis regulation,the Board of Health Agentor its designee shall notify the complainant of such finding and the reasons upon which it is based.The Board of Health lgeaFshall previderryg'n�a rePeHae tha m and findingsfjPd[ng. �F 2. If the Board of Health Agentor its tlesignee finds that an investigation is rormame:Nombe-i+Lme:r+nombm"s styes:i,21 warranted,Me Wealth AgerAsuch investigation shall urvestigateLe s....+stn zr.uugnmmc Len+ugnm a<: o.zs-+ conducted,and ffofthe Board of Health Agantor its desionee finds that IMmt at x.r there has been a violation of these-Regulatiensthis regulation,then the HealthAgentander Board of Health shall be authorized to take such action and institute such proceetlings as are provided by law. SECTION VIII—VIOLATIONS AND PENALTIES route cam:sou Arlt shall be unlawful for any person to use or apply any toxic ohemiGal pesticides on any town-Town-owned land except as specifically authorized in these Reflulatiens.Th a rasludes appi Gat on of past sides on town owried'and that assure;dur Rg appi GatiOR Of Past G des W pit Yale .this regulation. B—Any person who violates any provision of these Rest Managemen Regslatiensthis regulation shall be subject to a fine of{$50b9}degar6 for a first offense,($100.09)dollars for a second offense,and($150.00)-dollars for third andeach subsequent effensesoffense. G-Each application of a prohibited produstpestic'tle'nviolation ofthis regulation shall be deemed to be a separate offense. D-Citations for violations of this reaulation may be in such form as the Board of Health may determine. C.-in addition to the penalties provided for hereunder,the Board of Health,with the prior approval of the Select Board shall have the authority to file a civil suit for damages to compensate the Town for all costs incurred as a result of violations of these F8gulat 9%this regulation. SECTION XIX-OTHER APPLICABLE LAWS Fo.a.eea:rpm:add These Pest Management Regulat ons Fa..tkW:bW Wd This regulation shall not be interpreted or construed to permit the application or use of pesticides or other hazardous materials where such use or application is restricted by other applicable health,environmental, safety or fire codes, regulations or statutes. ,SECTION XVX-SEVERABILITY Fwm•nea:ran:eow Foa••nee:rose eou held nval d, SUGh Avalidity,she"no!attest ft pmv a qns'ef these Pes ManagemeAt Regulations that can be given aftGWAth-ut the nvalldproyson, severable: If any provision of this reputation is declared invalid or unenforceable,for any reason, in a court of competenturadiction. such invalidity shall be construed as narroWiv as possible and the balance of the regulation shall be deemed to be affected to the minimum extent necessary,so as to secure the purposes thereof, as set forth in Section I. ,SECTION X4-X1—EFFECTIVE DATE Fwm•ned:w•c add ;Aesecegulatiuns roraanm:rpm:add This regulation shall be effective upon-pubNsaNen Adopted: By the Board of Health etc- �O�N OFAEgO'N o Public Services N` Town of Reading Health Division q d 4 a 16 Lowell Street Phone: (781)942-9061 ° Reading MA 01867 Fax: (7si>94z-9071 s`te. open a Website: www.readinema.eov INCORQ Board of Health 2020 Meeting Schedule Tuesday January 14, 2020 Tuesday February 18, 2020 Tuesday March 10, 2020 Tuesday April 21, 2020 Tuesday May 12, 2020 Tuesday June 23, 2020 Tuesday July 28, 2020 Tuesday August 18, 2020 Tuesday September 15, 2020 Tuesday October 13, 2020 Tuesday November 10, 2020 Tuesday December 1 , 2020