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April 30, 2015

New Natick tobacco regulations another patch in the quilt?

Natick is among the latest towns to have approved their own set of tobacco regulations in an effort to reduce tobacco use among youth, adding to the complex patchwork of regulations that blanket the commonwealth, according to an attorney with the Retailers Association of Massachusetts.

The Natick Board of Health this week approved increasing the minimum age for purchasing tobacco products from 18 to 21, while also banning the sale of blunt wraps, which can be filled with tobacco or other products, and limiting the sale of flavored tobacco to businesses that prohibit minors. The board also voted to cap the number of tobacco sales permits at 27.

The retailers association, a trade group that advocates for members throughout the state, submitted comment to the board on behalf Natick retailers who sell tobacco products in convenience stores and who may see sales of other products impacted by the new regulations.

Lawyer: Product bans, not age hike, at issue

Ryan Kearney, general counsel at the association, said increasing the minimum age for tobacco sales to 21 is not the sticking point, as the organization has also supported efforts to reduce youth tobacco use. Kearney said the issue is banning the sale of legal products, such as flavored tobacco, to adults.

“If they’re an adult, we’re of the opinion that they should be able to (buy those products),” Kearney said.

Kearney said convenience store owners and other retailers that sell tobacco products stand to lose sales of other products that people commonly purchase with tobacco products, such as milk and eggs.

Meanwhile, stores in neighboring towns may gain an edge because they don’t have to adhere to the same regulations, he said.

Support from residents counters business concerns

Dozens of communities have adopted regulations that raise the age to buy tobacco legally to 21, but so far the state hasn’t had an appetite to tackle the issue, said James White, Natick’s public health director. In Natick, the health board has faced opposition from retailers who don’t want to take tobacco products off their shelves, but the board also has support from residents who are concerned about youth tobacco use, according to White.

But as more municipalities adopt similar regulations, state lawmakers may eventually draft and implement statewide tobacco rules intended to keep tobacco out of the hands of young people, Kearney said.

From the retailers association’s perspective, state intervention would be a welcome development, Kearney said, because training on the various regulations enacted by different cities and towns is costly and time consuming for members.

“For one reason or another, the state hasn’t wanted to act,” Kearney said.

Image source: Freedigitalphotos.net

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