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Dalton Looks to Tighten Tobacco Products Regulations

By Brittany PolitoiBerkshires Staff
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DALTON, Mass. — There appears to be no pushback to the town updating its tobacco ordinance.

The Board of Health's public hearing Monday on the topic generated no participation from residents or storeowners.  

The main proposed changes include potentially capping the number of tobacco permits, not allowing official smoking bars, minimum packaging of cigar products by price, mandated retailer training, and a blunt wrap ban, and a possibility of restricting other non-tobacco-related products.

The town's current ordinance is 11 pages long and the new proposal is 18 pages

Notices were mailed to vendors and were posted in the local newspaper as well as the town's website.  The board has not voted on any local policy yet.

"I think where Dalton is with the state law being passed a couple of years ago with your local policies being really out of date, the goal was to merge the state law into an updated local Board of Health regulation," Tri-Town Health Department Director James Wilusz said.

"And in that process, there are additional local policy options that the board could entertain if they so choose to."

The Tri-Town Health Department — comprised of Lee, Lenox, and Stockbridge — has been administering a tobacco awareness program since 1994. In April, the board approved working with Tri-Town Health Department to update the town's tobacco regulations better comply with the state regulations.

Pittsfield has also been working on its ordinance with similar recommendations after Wilusz came to its Health Board in May to give an update on tobacco control, warning the panel that products can slip through the state's regulations without specific guidelines.

One of the changes further defines "blunt wrap" as any product made wholly or in part from a tobacco product, manufactured or packaged with loose and removable leaves or section of a leaf, or as a hollow tube that may be used to wrap or contain loose tobacco or other fillers.

"Roll your own" tobacco leaf packages are to be considered blunt wraps in the new regulation. It also stipulates that a rolling paper with a characterizing flavor is considered a tobacco product flavor enhancer.

Additionally, there are proposed changes to penalties for violations and a number of provisions to control the number of tobacco permits in the town.


These include allowing a certain number of permits (which has not been determined,) that a permit should not be issued within 500 feet of a public or private school, and that it should not be issued within 500 feet of a retailer with a valid permit.

These recommendations are described as being "uniquely local policy decisions that are more stringent than state law."

"I think your next step would be, probably next month, to really decide on what local policies you want because it's still set up as an option for you," Wilusz explained.

"We really haven't drilled deep into what type of permit cap, if at all, you want and other things so you'll want to think about that for the next meeting and then make a decision on that."

In December 2019, Gov. Charlie Bakers signed an Act Modernizing Tobacco Control, which imposed new restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products.

A few months prior, the governor declared a public health emergency and put a temporary ban on the sale of all vape products in the state.

The act only allows the sale of non-flavored nicotine products with 35 milligrams per milliliter of nicotine or less. It also restricts the sale of non-flavored nicotine vaping products held to the same standard to licensed, adult-only retail tobacco stores and smoking bars.

Under the new legislation, people can only purchase and smoke flavored nicotine vaping products in smoking bars, of which there are about 24 in the state.

Reportedly, the COVID-19 pandemic created a lull in education and compliance checks after the policy changes and pointed to adjustments that could be made to the city's regulations to clear up the confusion between local and state law.

Joyce Brewer, Tobacco Free Community Partnership program manager for the Berkshires, did attend the hearing to sit in and offer assistance and resources if needed.

Draft Tobacco Regulations for Dalton by iBerkshires.com on Scribd


Tags: tobacco regulations,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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