The Yarmouth Board of Health took decisive action Monday night to overhaul the town’s approach to plastic waste while penalizing a local retailer for repeated tobacco violations. In a move widely supported by the local business community, the Board established a new framework for plastic reduction that replaces a previously sweeping, yet unenforceable, ban with a tiered system of waivers and variances.

Health Agent Barry explained that the original 2023 plastic bylaw, while well-intentioned, proved problematic for local operations. It was a very good idea, but it was not a doable ban, Barry told the Board, noting that a task force spent months crafting a more feasible path forward. Task Force Chair Jamie Vieira described the new regulations as a transition toward environmental goals without blindsiding businesses. It is not a total ban. It has reduction and elimination as its final objective but it gets there in a more fair and balanced approach giving businesses the opportunity to either seek a waiver or a variance, Vieira said.

The new rules, set to take effect on the first day of 2026, allow businesses to seek waivers from the Health Agent for certain plastics if they can prove supply chain issues, financial hardship, or food safety needs. More impactful plastics will require a formal variance from the Board itself. Mary Gilbond of the Yarmouth Chamber of Commerce noted that major retailers like Stop & Shop played a key role in the process, estimating that a total ban would have resulted in a 30% to 35% loss of product inventory. We're extremely supportive of this, Gilbond said, highlighting the balance between ecological goals and commercial reality. Motion Made by M. Craig to pass the disposable plastic food water rules and regulations for food establishments with an effective date of January 1, 2026. Motion Passed (5-0). Member Eric Weston lauded the collaborative effort, stating, I think this almost sets a little bit of a standard for how certain issues could potentially be approached.

The evening took a more contentious turn during a public hearing regarding Cape Cod Farms on Route 28. The convenience store faced its second violation for possessing menthol cigarettes, which are prohibited for sale in Yarmouth. Tobacco Commissioner Bob Cleff discovered five cartons and five packs of Newport cigarettes on the premises following a tip. Store representative Girish Prajabati argued the products were not for sale, explaining they were moved from an employee's car to the store room during a family medical emergency. The tobacco which we got violation on, it's for personal use, not for purchase, Prajabati claimed, noting the items were kept on a staircase in the back.

The Board remained unconvinced, citing regulations that prohibit even the possession or holding of flavored tobacco on a retail site. Member Scott Brewer questioned the logic of the defense, asking, How did the cigarettes get on the stairs to start with? You know it's not supposed to be in the building. Chair Hillard Boskey clarified the legal standard, noting that the regulation states no retail establishment shall possess, hold, keep, sell or distribute such products. It's also just to have it on the premises, Boskey said. Vice Chair Mary Craig added that the presence of the items alone harms public trust: Whether they're there for personal use or not, it creates the appearance that they're being offered for retail because somebody saw them and was under the impression that they were being sold. Motion Made by M. Craig to fine Cape Cod Farms $2,000 for a second offense and suspend the tobacco sales permit for seven consecutive days. Motion Passed (5-0). The store will begin its suspension this coming Wednesday.

In other department news, Agent Barry reported a high success rate for the town’s housing division. Of the 3,234 total rental units in Yarmouth—comprising 2,400 long-term and 834 short-term rentals—less than 1% remain out of compliance with registration and inspection requirements. I'd like to give a big shout out to my housing department, Barry said. The Board also briefly discussed future initiatives, including a potential policy to reduce pesticide and Roundup use on town-owned playgrounds. Member Weston suggested that while the state holds primary authority, the town should focus on what it can control: I think the only thing that's really in our purview is related to what goes down on town property. The Board concluded by noting that September is Childhood Obesity Awareness Month, with a community event featuring healthy snacks and a coloring contest scheduled for September 23 at the Cape Cod Community Pantry.