Amherst Board of Health seeks suite of stricter tobacco regs

STAFF PHOTOWEB ONLY

STAFF PHOTOWEB ONLY STAFF PHOTO

By SCOTT MERZBACH

Staff Writer

Published: 01-30-2025 7:28 PM

AMHERST — Restricting the sale of oral nicotine pouches to adults-only tobacco stores, increasing the minimum price of cigars to be consistent with state regulations, and not allowing a tobacco retailer to move within 1,000 feet of an existing business selling tobacco are among changes being considered for the town’s rules related to sale of tobacco and vape products.

But in a town that already caps tobacco licenses at 14, and won’t issue new licenses when existing ones expire, the Board of Health is not bringing forward the nicotine-free generation initiative, recently adopted in Belchertown, which prohibits anyone who didn’t turn 21 by Jan. 1, 2025 from buying cigarettes and other tobacco products in that town.

The Board of Health is holding an in-person public hearing on the proposed amendments to the “Regulations Restricting the Sale of Tobacco and Vape Products” on Feb. 6 at 5 p.m., in the Large Activity Room at the Bangs Community Center, 70 Boltwood Walk. Written testimony also will be accepted until Feb. 28 by email to Public Health Director Kiko Malin at malink@amherstma.gov or by mail to the Amherst Public Health Department, 70 Boltwood Walk, Amherst 01002.

The board and Malin will share information about the proposed amendments and take oral testimony from businesses, residents and others. No vote will be taken at the public hearing, with that likely to be scheduled for March 6.

Many of the amendments won’t have a major impact on how tobacco sales are handled. One of them is renaming the regulations to “Restricting the Sale of Tobacco and Vape Products,” which board members say removes the emphasis on combating underage tobacco use and ensures that tobacco and nicotine are public health matters for people of all ages. Another change is eliminating the requirement for tobacco sellers to take and pass the tobacco quiz.

The changes to tobacco sales permits will put an explicit cap at 14, and reasons for revocation of permits; adopt a unified fining structure for all tobacco violations; require the Board of Health to hold a hearing if there are four violations within a three-year period; and eliminate the regulation prohibiting anyone under the age of 21 from selling tobacco products, though those under 21 are not allowed to work in adult-only tobacco retailers.

The updated regulations on oral nicotine pouches emphasizes that they can only be sold in stores where customers have to be 21 to enter, the price of cigars will match state regulations by increasing minimum price from $2.50 to $2.90 per cigar and for multipacks to go up from $5 to $5.80, and clarify the definition for tobacco product flavor enhancers to include flavored rolling papers.

During discussion in the lead-up to the proposed regulations, there were various opinions among members about whether to adopt a nicotine-free generation initiative, which in December was approved in Belchertown.

Article continues after...

Yesterday's Most Read Articles

‘There’s a majesty to grief’: Poet and UMass professor Peter Gizzi wins prestigious 2024 T.S. Eliot Prize for Poetry
Taylor Davis Landscaping & Construction faces $42K in fines from MassDEP
Deerfield woman detained following arrest at Capitol
Hadley’s geothermal plans for Hopkins Academy spike in cost to $9.5M
Rising to the challenge: Federal, state officials briefed on $90M fix for Hadley’s dike, levee system
Commenters spring to Amherst superintendent’s defense before school board

That means as of Jan. 1, anyone who hadn’t turned 21 by Dec. 31, 2024, meaning being born on or before Dec. 31, 2003, will not be able to ever buy tobacco products in that town’s stores.

Board of Health member Daya Mena said a generational ban is an opportunity to align regulatory actions with Amherst’s values, so it might be sensible to pursue the lifetime ban at some point. “I think it would be really transformative for generations to come,” Mena said.

Risha Hess, who chairs the health board, said a worry is potential costs to the town to defend the regulation if a lawsuit was filed. Hess noted that the town is already progressive in its approach to limiting tobacco sales through the cap of 14 retailers and various other measures.