April 1 Activation Date Finalized for Expanded Nicotine Definitions and Sales Penalties
Key Points
- New regulatory definitions added "nicotine" to all tobacco bylaws to ensure lab-made synthetic products are subject to local sales restrictions and permit suspensions.
- The board initiated a legal review for a potential ban on Kratom following emotional testimony from parents regarding fatal overdoses linked to the supplement.
- A formal start date of April 1, 2026, was established for updated tobacco penalties, including $1,000 fines and mandatory license suspensions for sales to minors.
- Public health officials reported that mandatory pest control contracts for food service businesses have already resulted in 15 new local service agreements.
- Septic variances were granted for Taylor Avenue and Gardener Drive to facilitate the replacement of outdated cesspools in environmentally sensitive areas.
The Plymouth Board of Health moved to close regulatory loopholes and tighten enforcement on nicotine sales during their Wednesday meeting, setting a spring deadline for local retailers to comply with updated town standards. Board members focused on the growing presence of synthetic nicotine, a lab-made alternative used by manufacturers to bypass traditional tobacco regulations. Chair Barry Potvin explained that there is synthetic nicotine which is not derived from tobacco at all, and that's one of the ways the companies are trying to get around the regulations.
To address this, the board mandated that the term nicotine
be added alongside tobacco
throughout the town’s regulatory language.
The updated rules also standardize penalties for selling to individuals under 21. Vice Chair Teri Reid highlighted a critical change to the enforcement language, ensuring that any retailer caught selling to minors will face a mandatory permit suspension. I do want to point out the change that I had sent... to clarify that if there is a sale under 21, they shall lose their permit for that amount of time,
Reid said, though she noted that 730-day suspensions for smaller, clerical violations felt excessive. Member Amy Palmer expressed concern regarding potential legal challenges, asking if the board needed to explicitly remove from the definition 'tobacco or nicotine products' so that 'tobacco' covers both.
Motion Made by T. Reid to accept the tobacco regulations with the clerical change of adding "/nicotine" after "tobacco" throughout the document and including the specific penalty language for sales under 21. Motion Passed (3-0-0)
Following the regulatory vote, the board heard harrowing testimony from parents across the country advocating for a total ban on Kratom, a herbal supplement linked to several fatalities. Dan Gibbs of Ohio told the board his 25-year-old son died from Kratom toxicity. The advocates will tell you Kratom is harmless because it's natural,
Gibbs said. My son's official determination was clear: the sole cause was Kratom toxicity. It was natural Kratom.
Susan Eppert of Michigan and Tia Rizi of Idaho shared similar stories of losing children to the substance, cautioning the board not to be swayed by arguments that only concentrated extracts are dangerous. Conversely, Shannon Harold of Massachusetts testified that natural Kratom serves as a vital alternative to prescribed opioids for her chronic pain, stating, Synthetic 7-OH is dangerous and should be totally banned,
but argued for the preservation of access to the leaf. Member A. Palmer pushed for swift action, stating, Local health has to step in. This is very dangerous. There are people who have died and there is not enough education.
The board directed the Health Department to draft formal regulations for Town Counsel review.
The board also addressed several business and residential variances, including a septic upgrade at 83 Taylor Avenue that drew concern from abutter Alice Baker regarding a deeded right of way. My question is, is he digging there? He can't put a leaching field there. That's land court,
Baker said. Assistant Director Margaret clarified that the board’s purview is limited to Title 5 compliance, not civil easement disputes. Motion Made by A. Palmer to grant the variances as presented for 83 Taylor Avenue. Motion Passed (4-0-0) The board similarly approved a cesspool replacement at 24 Gardener Drive presented by Kevin Flaherty, who noted the tight constraints of the Island Pond lot. Motion Made by A. Palmer to accept the variance request for 24 Gardener Drive. Motion Passed (4-0-0)
Commercial grease trap requirements were adjusted for two local businesses. Peter Amaral presented for the Dunkin Donuts on Samadet Street, explaining that the 70-square-foot facility does no on-site cooking. Motion Made by A. Palmer to approve the variance requiring a passive grease trap on the dump sink with specific signage designating the dump sink and the hand-wash sink. Motion Passed (4-0-0) Kevin Clarity, owner of the upcoming Gala Girl Irish Shop, requested a similar variance for his tea and scone service. It's almost part of the experience of coming into an Irish store to get a cup of tea,
Clarity said. Motion Made by A. Palmer to grant a variance allowing a passive grease trap for the Gala Girl Irish Shop. Motion Passed (4-0-0)
To provide retailers time to adjust their inventory, the board finalized the implementation timeline for the new tobacco and nicotine rules. Motion Made by T. Reid to set the effective date for the new Tobacco Regulations as April 1, 2026. Motion Passed (4-0-0) Additionally, the board discussed the recruitment for a new Citizens Advisory Board, though Member Karen Keane suggested waiting until after the Select Board fills a current vacancy next week, noting you're probably going to have more people that don't succeed in getting appointed
who may then be interested in the advisory roles.
In her department report, Assistant Director Margaret noted a significant financial impact from the town’s new pest control requirements for food establishments. One local contractor reportedly gained 15 new restaurant contracts since the mandate took effect. We said to all of our food establishments, you need to have a contract in place. End of story,
Margaret said. She also warned of a 4.7% unvaccinated rate for measles among local kindergarteners and reminded residents that the town’s polystyrene ban remains in effect, with a new annual waiver process now active in OpenGov for businesses claiming they cannot find viable alternatives to foam containers.