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"I think where Dalton is with the state law being passed a couple of years ago with your local policies being really out of date, the goal was to merge the state law into an updated local Board of Health regulation," Tri-Town Health Department Director James Wilusz said.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

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate. 

Brennan, BRPC's assistant director, and Jason Zogg were interviewed by the committee on Saturday.

Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center. 

He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.

They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.

"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.

"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.

Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."

"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.

Member Sheila Irvin said she liked Brennan’s knowledge of Berkshires Tomorrow Inc.

"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important. 

"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."

In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.

"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."

Member John Duval said she has excelled in her role over the years.

"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.

"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."

Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.

"I think both and all candidates were very strong, two we ended up were extremely strong," he said.  "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."

The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.

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