Citing the significant financial strain of the town’s multi-year municipal sewer project and a desire for a full five-member board to be present, the Yarmouth Board of Health on Monday night postponed a decision on a proposed "Nicotine-Free Generation" (NFG) regulation. The controversial policy, which would permanently ban the sale of tobacco products to anyone born after a certain date, faced sharp criticism from the business community during a meeting focused heavily on the economic survival of local operators.

Mary Van, President and CEO of the Yarmouth Chamber of Commerce, urged the board to reconsider the timing of the ban. She noted that while youth tobacco use has declined 70% over the last quarter-century, the local commercial base—which sits at roughly 4%—is currently struggling with the disruptive infrastructure rollout along Route 28. We are seriously concerned about the proposed nicotine-free generation regulation and the broader impact to the business community, Van stated. Many of our local businesses have already come before you to express their concerns. They are small local operators working hard to comply with the existing regulations.

The board members expressed internal conflict over the policy’s timing. Member Laurance Venezia noted that Yarmouth would be an outlier on Cape Cod if it adopted the measure now. I am hesitant about Yarmouth being the only town on the Cape to propose this, Venezia said, pointing out that the ongoing sewer installation is already causing significant disruption. Vice Chair Mary Craig agreed that the timing was difficult, though she defended the spirit of the proposal, stating the intent is to prevent people from starting rather than stopping current smokers.

Chair Hillard Boskey, however, reminded the room of the severe health consequences driving the discussion, noting that smokers have a 10-year lower life expectancy. Local business owners argued that the ban would simply shift revenue to neighboring towns like Barnstable. Al Naom, a local shop owner, warned the board that customers will simply drive to Hyannis to buy cigarettes, hurting Yarmouth businesses without improving public health. Following the discussion, L. Venezia initially moved to table the matter for one year, but ultimately withdrew the motion after Chair Boskey suggested waiting until the two absent board members could participate in the vote. The item will be placed on a future agenda when the full board is present.

Economic concerns also dominated discussions regarding the town's single-use plastic reduction ordinance. Two local businesses requested variances, citing both supply chain issues and the physical limitations of current compostable alternatives. Peter Gillespie of Papagenos explained that while they have replaced bags and catering platters, they cannot find a suitable compostable container for hot marinara or barbecue sauce. Sample compostable cups we tested melted when filled with hot sauce, creating a safety and quality issue, Gillespie said. Michelle O'Connell added that they need more time to test products from vendors like Trimark and Cisco to ensure they hold up during the busy summer season. Motion Made by M. Craig to accept the request from Papagenos to continue looking for replacement goods and give them until the first part of October to report back. Motion Passed (3-0-0)

Similarly, Mark Corass of Old King’s Coffee House requested a waiver to use up $20,000 worth of branded cold beverage cups. Corass explained that COVID-era supply chain changes required him to purchase an eight-month supply to secure the branding. We have changed out bags, silverware, and straws, Corass noted, but explained that the custom cups represent a significant investment that would be lost without a waiver. Motion Made by M. Craig to grant a waiver for the plastic cups on hand with a requirement to return in October to update the board on substitutes. Motion Passed (3-0-0)

The board moved forward with finalizing a ban on the manufacturing and sale of Kratom, an unregulated intoxicating product. Health Director Barry reported that local businesses had already been proactive, removing the products as of April 1. Business owner Vishal Shukla asked for clarification on how to handle remaining inventory. Keep it off the shelves and move it to stores in other towns within a week to avoid enforcement issues, Barry advised. Motion Made by M. Craig to accept Town Counsel’s recommendations for changes to the regulation prohibiting the manufacturing, sale, and distribution of Kratom. Motion Passed (3-0-0)

In other business, the board approved a septic variance for a new five-bay Town Fair Tire service station on Station Avenue. Applicant Matt Ashley presented data from five equivalent stores showing that actual water usage averages only 70 to 100 gallons per day, far below the 550 gallons required by Title 5 design standards for a facility with no car wash or high-water activities. Motion Made by L. Venezia to grant the septic variance for Town Fair Tire. Motion Passed (3-0-0)

The board also received an update from the Yarmouth Substance Awareness Committee (Weissac) regarding $148,000 in opioid remediation funds received over the last three years. Annie Catalano explained that Weissac is a group of volunteers, including those with lived experience and professionals, who track substance use trends. Don, representing Parent Supporting Parents, noted that the funds are helping provide scholarships for sober housing, often covering the first two weeks of residency to help individuals establish stability. Other recipients include the AIDS Support Group of Cape Cod and transportation programs for the Yarmouth Comprehensive Treatment Center.

Finally, Health Director Barry provided several community health alerts, noting that while school vaccination numbers initially appeared low at the middle school, updated data shows high compliance. He clarified that the discrepancy was due to a reporting delay for international students. Barry also warned residents of a potential water ban due to severe drought conditions, noting that automatic sprinklers are currently restricted. A rabies vaccination clinic was announced for Saturday, April 11, at 424 Route 28, with dogs seen from 9:00 to 10:30 AM and cats from 10:45 to 11:30 AM.