City of New Bedford (MA): emerging legislation relating to e-cigs

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Tom09

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New Bedford Board of Health announced a public hearing (October 20, 2011) on regulations pertaining to “Prohibiting Smoking in Workplaces and Public Places” and “Youth Access to tobacco Products.” Proposed amendments include “restrictions on the sale and use of Electronic Nicotine Delivery Products (E-Cigarettes).” No info on details and focus (minors and/or total population) of the proposed regulations.
 

Vocalek

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Let me guess. They borrowed the Boston PHC text as the model for their proposed regulations.

And they are being so coy about it.

Copies of the proposed amended regulations will be available at the New Bedford Health Department, 1213 Purchase Street, New Bedford, MA 02740 on Tuesday, October 18, 2011 through Thursday, October 20, 2011, 8:30 a.m. to 4:30 p.m. and at the Public Hearing.

Let me translate: "Come prepared to testify, but we aren't going to let you know what it is you are testifying about (unless you are one of our good buddies) until you get there."
 
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Vocalek

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There is no contact information posted for the Board of Health members on the City of New Bedford Web site. I have drafted an email message to the Mayor, asking him to request that the NBBH post electronic copies of the proposed regulations on the web site at least a week before the public hearing. "This will provide citizens with the opportunity to study the text in advance, and allow them to download a copy at their convenience, instead of being forced to take time off from work and travel to city hall to pick up a paper copy." I also suggest that the Mayor have the city attorney to review both proposed regulations to make sure they do not expose the city to potential litigation.
 

Placebo Effect

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Placebo Effect

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if you click the "contact us" link at the bottom of the page it brings you to your own email with this address in the send to bar
webmaster@newbedford-ma.gov <webmaster@newbedford-ma.gov>;

I will call tomorrow and ask if comments can be sent to that address. If anyone does send a public comment there, I recommend you put board@casaa.org in the BCC line of your e-mail. We will print your comment and send it in paper form.

Comments will be accepted from Thursday night until November 1, 2011. So thankfully, the vote will not be taking place on Thursday.

Dragonlover, it'd be great if you could attend.
 

Placebo Effect

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b) The owner or other person in charge of a shop or other place usedto sell nicotine delivery products at retail shall conspicuously post a sign stating that “The sale of nicotine delivery productsto minors under 18 years of age is prohibited.” The owner or other person in charge of a shop or other place used to sell e-cigarettes at retail shall conspicuously post a sign stating that “The use of e -cigarettes at indoor establishments may be prohibited by local law.” The notices shall be no smaller than8.5” by 11” and shall be posted conspicuously in the retail establishment or other place in such a manner so that they may bereadily seen by a person standing at or approaching the cashregister. These notices shall directly face the purchaser andshall not be obstructed from view or placed at a height of lessthan four (4) feet or greater than nine (9) feet from the floor

2. It shall be unlawful to remove and commercially sell single cigarettes or other tobacco products or nicotine delivery products from the original manufacturer’s package intended for resale, which package shall state the federally required health warnings. Commercial sale and/or distribution of cigarettes, other tobacco products or nicotine delivery products in a form other than the original factory-wrapped packaging, is prohibited.

From the sales regulation.
 
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Placebo Effect

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Thoughtful legal drafting:

Nicotine Delivery Product: Any article or product made wholly or in part for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine Delivery Product includes, but is not limited to, e-cigarettes

. . .

SECTION IV - SMOKING PROHIBITED

. . .

D. The use of Nicotine Delivery Products, including, but not limited to, e-cigarettes is prohibited wherever smoking is prohibited per M.G.L. Ch. 270, §22.

The definition of 'Nicotine Delivery Product' is so broad that every tobacco product is included :facepalm:
 

kristin

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New Bedford, MA Call to Action (Indoor Use / Sales Restrictions)
Thursday, October 20, 2011


Comments will be accepted on this legislation until November 1, 2011.

Indoor Use Ban: New Bedford, MA Health Department Proposed Ban on E-Cigarette Usage

Sales Restrictions: New Bedford Health Department Final Draft Amended Youth Access Regulation for Nicotine Delivery Products

These Ordinances would:
Ban the use of electronic cigarettes, regardless of whether or not they contain nicotine, in places where tobacco cigarette smoking is prohibited


Rightfully ban e-cigarette sales to minors, but enact vague regulations on the sale of 'nicotine delivery products' out of their original packaging.

Please call or write the members of the New Bedford, MA Board of Health below

What to say:

1. You want them to decline to pass the restrictions on e-cigarette usage. Furthermore, you want them to amend the sales restriction regulation to eliminate the unnecessary and vague sales restrictions in Section E.
2. Tell your story on how switching to an e-cigarette or smokeless tobacco has changed your life

3. Explain how smoking bans are enacted to protect the public from the harm of second-hand smoke, but electronic cigarettes have not been shown to cause harm to bystanders.

* In fact, all evidence to date shows that the low health risks associated with electronic cigarettes is comparable to other smokeless nicotine products.

* This is supported by research done by Dr. Siegel of Boston University, Dr. Eissenberg of Virginia Commonwealth and Dr. Laugesen of Health New Zealand and by the fact that the FDA testing, in spite of its press statement, failed to find harmful levels of carcinogens or toxic levels of any chemical in the vapor

4. Let them know that vapor does not behave in the same manner as smoke.

* There is no "side stream" vapor like the side stream smoke coming from the lit end of a cigarette and unlike cigarette smoke,

* The vapor is virtually odorless and dissipates quickly.

* There is also no ash or litter.

* With so little evidence of use, enforcing indoor use bans on electronic cigarettes would be nearly impossible.

5. Inform them that the ability to use electronic cigarettes in public spaces will actually improve public health by inspiring other smokers to switch.

* Surveys of thousands of users indicate that the majority of those who switch very quickly completely replace tobacco cigarettes with the electronic cigarettes, reducing their health risks by 98-99%.

* So even if smokers think they are using electronic cigarettes just for indoor use, the chances are high that they will stop using tobacco cigarettes altogether

6. Tell them that by switching to a smokeless product, you have greatly reduced your health risks.



Public comments can be submitted in two ways

(1) Via e-mail to Marianne.DeSouza@newbedford-ma.gov. Please ask that public comments be forwarded to Board of Health members.

(2) By mail to:
New Bedford Health Department
1213 Purchase Street
New Bedford, MA 02740
 

dragonlover

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unfortunately i wasnt able to but someone from the New England Vapers Group on Facebook did. It didn't sound like it went well. I would like to write a "good" email but am not very good a writing. If anyone could give me hand that would be great. Apparently some of the tactics now being used against ecigs are that they can be used for drug use. If thats the kind of thinking they have then they also need to bad hookas, blunts, rolling papers, and glass pipes. I mean even a radio antennae can be used to smoke crack .......! I would like to make them aware of these types of things, but not come off as being--well you know--Also, my husband is allergic to cigarette smoke but the vapor from my pv doesn't affect him at all! Again if some one could help me write a email that i could send it would be great!!

Thanks
DL
 
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