Adams Convenience Store Avoids Fine For Selling Tobacco to Minor

By Jack GuerinoiBerkshires Staff
Print Story | Email Story

ADAMS, Mass. – The Board of Health decided not to penalize the local 7-Eleven that was caught selling tobacco products to a minor.

It determined that attempting to enforce the $100 fine was too problematic despite the urging of the health officer.

The board was informed Wednesday that the Massachusetts Health Officers Association performed a sting and reported to the Food and Drug Administration that the convenience store violated the law.

Chairman Allen Mendel said this is the first the board heard of the occurrence and that it happened late last year. He said the FDA asked 7-Eleven officials to write a letter expressing how they will correct the situation so it does not happen again. The board does not need to take any further action, he said.

"I think at this stage in the game they are trying to get these people to adhere to law and they want them to know at some point there could be an inspection done," Mendel said.

The Board of Health has the ability to fine 7-Eleven $100 but Mendel said he felt it would be unnecessary because the town did not sponsor the sting, it happened so long ago, and the FDA does not require action.

Board member Patricia Clairmont agreed with Mendel.

"They never have been cited before, and I'd like to think we are a user-friendly board and we could work with people," she said. "I think a lot of times it depends on the help, maybe someone just got a little lax."

Mendel was also concerned that the fine would be rejected and the town would have to spend time in court for a case that very well might be thrown out.

"If it ends up in court then we may have to produce the person who came in and bought the cigarettes," he said. "If we can't they're going to just throw it out. We aren't going to get the $100 fine and we are going to spend time in court."

Code Enforcement Officer Scott Koczela said he thinks the town should use the enforcement written into their regulations.

"It's part of what we have to deal with. We put these laws and regulations in effect with punishment for not following them and when they are not followed we have to institute that enforcement," he said. "People have to follow the rules."

Koczela said this may be the first offense but the board has no idea how often it may have happened at this location in the past.

"This one time, this was a violation when someone was sent in to test the store. How many times has someone gone in from the general public and purchased cigarettes under age?" he asked. "We don't know that."

Koczela said the FDA notification states that if the 7-Eleven does not write its letter within 15 working days, the business could be fined, lose its ability to sell tobacco, or other punishments. He said it may be good to have a representative come talk to the board members so they know if the letter was written and the actual protocol taken.

Mendel said there is a lack of communication between the organizations, and the board decided to send a letter saying the it knows about the violation.

"I would like to follow up with a letter that states we are aware of the violation and ask them how they will correct the problem," he said. "I am not looking to send out fines all over the town."


Tags: board of health,   fines,   tobacco regulations,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Hoosac Valley High School is Moving and Shaking

There have been some major shifts within the Hoosac Valley Regional School District recently, all of which have focused on enhancing the student experience to make it a place where ALL students can find their path.
 
In 2023, Hoosac Valley High School was designated an Innovation Pathway School by the Department of Elementary and Secondary Education (DESE) and has since restructured the Program of Studies, utilized creative scheduling, and expanded internship opportunities. Part of this transformation includes participating in a "Portrait of a Graduate" cohort alongside four other Berkshire County schools to determine a collective vision for student success, in partnership with the BARR Foundation.
 
The Innovation Pathways at HVHS are designed to give students coursework and experience in a specific high-demand industry, such as technology, engineering, healthcare, or life sciences. Currently, Biomedical Science & Healthcare and Environmental Studies have received official state IP designation. In addition to the IP designated pathways, HVHS offers programs in Engineering & Technology, Business & Entrepreneurship, Arts & Entertainment, Education, and Sports Medicine. The result is that students have an opportunity for a transformative experience – enabling them to build essential skills, gain awareness of future career opportunities, and make informed choices about post-secondary education in promising fields.
 
Principal Colleen Byrd notes, "What makes our program special is that entry into the Pathway of your choice allows a student to access Advanced Placement and dual enrollment college courses, as well as internships in the community to set them up for success after high school."
 
The Portrait of a Graduate initiative consists of a team of Hoosac educators and students who exemplify the essential skills, practices, and beliefs that define learning experiences across the district. They work to outline the competencies, values, skills, and knowledge that define our vision for student success – keeping in mind that not every student's pathway will look the same. The District's goal is to ensure that all students graduate as responsible people, prepared individuals, lifelong learners, global citizens, critical thinkers, and thoughtful communicators.
 
Another recent change district-wide in grades K-12 is the "Crew" culture. Teachers and students now have time each day to create positive connections and build authentic relationships with one another. Through Responsive Classroom at the elementary school and Crew at the middle and high schools, students and staff gather for 30 minutes each day to engage in meaningful experiences rooted in mutual and shared interests. 
The Crew block is a prioritized structure that allows staff to support all students socially, emotionally, and academically – anchoring them and promoting the Portrait of a Graduate competencies. Crew takes many forms at the high school, such as gardening, bird watching, yoga, and sports talk with visits to college games.
 
View Full Story

More Adams Stories