Tobacco Control Program



DO YOUR REGULATIONS MATCH YOUR MUNICIPAL AUTHORIZATION FOR NON-CRIMINAL DISPOSITION?

Note:  Many thanks to MMA and their interns for the compilation of this information.

Over 20 years ago, the Commonwealth provided a method for cities and towns to ticket violators with civil tickets through "non-criminal disposition" (NCD).  Before a municipal department can use NCD tickets, it must first get authorization through either a town bylaw or a city ordinance.  That authorization can be a general grant (ex:  Boards of health may issue NCD tickets up to $300 for their enforcement.) or a specific grant (ex:  $25 for trash; $50 for dogs without a license; $100/200/300 for selling tobacco to minors.)  Over the years, penalties have changed in board of health regulations and those penalties may not be authorized.  Attached is a list of most Massachusetts cities and towns summarizing that authorization with a separate attachment containing the authorization language of most municipal NCD bylaws or ordinances.  Please check to make sure that the fine amounts in your health regulations match those in your bylaw/ordinance authorization.  A couple of notes:  (1) The maximum fine under NCD is $300 - if you wish to fine more, it cannot be NCD.  (2) Violators of the state's smoke-free workplace law (MGL. Ch. 270 §22) can be issued NCD tickets WITHOUT authorization as that authorization is found right in the state law.

Sarah McColgan

Mass. Health Officers Association

Tobacco Control Program Director

(413) 636-6418

 Non Criminal Disposition Chart        Non Criminal Disposition List


GUIDANCE INFORMATION FOR MUNICIPALITIES THAT RESTRICT THE SALE OF FLAVORED TOBACCO PRODUCTS TO ADULT ONLY RETAIL TOBACCO STORES:

Please be advised that at the request of Swedish Match, through its legal counsel, MAHB reviewed the placement of “Game Red” and “White Owl Green Sweets” on its Guidance List for flavored tobacco products.  As a result of this further review which included reviewing documents and comparing products, MAHB will be removing “Game Red” and “White Owl Green Sweets” from its Guidance List.  Please note that MAHB’s Guidance List is a document created by MAHB for guidance purposes only.  Legal authority to enforce a local regulation restricting flavored tobacco products rests exclusively with local boards of health. If you have any questions or need any additional information, please contact Cheryl Sbarra, Director of Policy and Law at sbarra@mahb.org or 781-721-0183.

Sarah McColgan

Mass. Health Officers Association

Tobacco Control Program Director

(413) 636-6418


FOR BOARDS OF HEALTH WHO RESTRICT THE SALE OF FLAVORED TOBACCO PRODUCTS:

A list of flavored tobacco products can be found on www.mahb.org.  This list is provided for guidance purposes only.

Sarah McColgan

Massachusetts Health Officers Association

Tobacco Control Program

413-636-6418


Local Regulations or Ordinances

Many municipalities have enacted local regulations/ordinances to restrict the sale of tobacco products and to control environmental tobacco smokes.  Contact Sarah if you wish to update your local regulations.

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