Adams Convenience Store Avoids Fine For Selling Tobacco to Minor

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."

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