Six-Milligram Nicotine Pouch Limits Headline Contentious New Tobacco Control Proposals

Key Points

  • Health Board proposed capping nicotine pouches at 6mg and raising tobacco fines to $1,000
  • Retailers voiced strong opposition to nicotine limits citing economic loss and harm reduction
  • Stable variance approved for 16 Kirk Circle despite neighbor complaints regarding horse manure odors
  • Board endorsed voluntary "Bring Your Own Cup" sustainability program for local coffee shops
  • Measles risk categorized as "lower" in Plymouth with vaccination rates trailing herd immunity levels

Plymouth tobacco retailers are pushing back against a suite of proposed local regulations that would cap nicotine content in pouches and significantly increase penalties for sales to minors. During a Tuesday night meeting of the Board of Health, Member Amy Palmer introduced draft language that would limit nicotine pouches sold in town to six milligrams per pouch, arguing that the restriction is necessary to prevent youth addiction. I am proposing to this board to restrict the amount of nicotine per pouch to six milligrams, Palmer stated, noting that a single six-milligram pouch can deliver the nicotine equivalent of several cigarettes. Chair Barry Potvin supported the strict approach, suggesting that certain products are designed to entice young users. Selling the flavored products is actually inducing underage people to use the products, which will probably result in addiction, Potvin said.

The proposal, which also includes increasing local fines to the state-maximum of $1,000 and mandating seven-day permit suspensions for first-time sales to minors, met immediate resistance from the business community. Satin Patel, a local business owner, argued that the nicotine cap could drive customers to other towns or back to more harmful products. A cap on nicotine strength could undermine the harm reduction qualities... Smokers switching away from cigarettes need products capable of delivering a satisfying experience, Patel told the board. Fellow retailer Daniel Griffin raised concerns about the complexity of federal regulations and grandfathered products, while another owner, identified as Tan, called the proposal discriminatory. The next town over can sell it. We can't... If we lose that, we lose the whole business, Tan said. The board took no action on the measures, opting to send the draft to Town Counsel for review before a final vote scheduled for February 18.

In a separate matter that drew public friction, the board addressed a stable variance request for 16 Kirk Circle. Owners Dave and Alexandra Robins sought permission to keep two full-size horses on a property consisting of approximately 35,000 square feet—half the 70,000 square feet required by town regulations. Dave Robins explained the request followed the loss of a miniature horse, which necessitated a new companion for their aging, retired horse. Her animals need to be together. The larger horse we had is much older than we were told; he's on a very strict pain regimen, Robins said. Vice Chair Teri Reid questioned the timing of the request, asking, I'm curious why you didn't come to us before you got the new horse? Robins admitted they felt forced to act quickly to secure the animal. While the Health Department and Animal Control reported the property was well-maintained, neighbor Bernadette Moyer voiced strong opposition. The smell that comes through the backyard into our yard is extremely offensive, Moyer said, claiming the odor prevented her from using her side porch last summer. Despite the complaint, the board noted Plymouth is a right to farm community. Motion Made by A. Palmer to accept the variance for the second horse with the understanding that the owners must return before adding any further animals. Motion Passed (5-0).

Sustainability initiatives also took center stage as Andrea Dickinson presented the Bring Your Own Cup (BYOC) program. The voluntary initiative encourages coffee shops to allow customers to use reusable containers, following a model successful on Cape Cod. The idea is to make it easier for them, to make them aware that they can do it... baristas know the process for handling them, Dickinson explained. The board agreed to draft a formal letter of endorsement for the program. In other business, Michael, the owner of 36 Spooner Street, successfully petitioned to remove a downstairs toilet to avoid the cost of installing a required sink. It's about a $1,600 savings for us to remove the toilet as opposed to putting in a sink, Michael said, noting the bathroom had originally been installed for a family member with Alzheimer's who has since moved to a nursing home. Motion Made by A. Palmer for the variance to remove the toilet. Motion Passed (5-0).

The board also cleaned up a decades-old clerical error at 5 Smith Terrace. Joe Webby of Webby Engineering explained that a 2005 deed restriction limited the property to two bedrooms, despite the owners now wishing to expand to four. Health Director Karen Keane noted the original restriction was likely a staff preference at the time rather than a requirement. Motion Made by A. Palmer to remove the deed restriction at 5 Smith Terrace. Motion Passed (5-0).

Several septic variances were processed to facilitate property upgrades and home additions. At 9 Blueberry Road, the board approved a voluntary upgrade for an existing cesspool that will place the system 54 feet from an on-site well, rather than the required 100 feet. Motion Made by A. Palmer to accept the variances for 9 Blueberry Road. Motion Passed (5-0). A 489-square-foot addition was approved for 139 Man Point Road, requiring a variance for a soil absorption system located 11 feet from the foundation. Plymouth wells need to be 100 feet away. The state only requires 50 feet, Director Keane reminded the board during the discussion. Motion Made by A. Palmer to accept the variances for 139 Man Point Road. Motion Passed (5-0). Finally, the board approved an upgrade at 10 Shore Road featuring a deeper-than-usual system to avoid the need for a pump, though Member Potvin insisted on well water testing as a condition. Motion Made by A. Palmer for accepting the variances as proposed on 10 Shore Road with the condition of well testing. Motion Passed (5-0).

Closing the meeting, Director Keane updated the board on public health risks, noting that while no measles cases have been reported in the state, Plymouth's vaccination rate sits between 80% and 84%, placing it at lower risk rather than the safest category. Potvin urged residents to maintain hygiene standards, noting, Hand washing has been the mainstay of preventing things from spreading.