The Yarmouth Board of Health is moving toward formal regulation of the herbal supplement Kratom, even as local business owners and legal counsel warned that a separate proposal to create a "Nicotine Free Generation" could devastate the local economy. During a lengthy February 2 meeting, board members navigated a series of complex public health mandates, ranging from disaster mitigation planning to the finalization of rules regarding synthetic marijuana and single-use plastics.

The most contentious debate centered on a potential "Nicotine Free Generation" (NFG) bylaw, which would prohibit the sale of tobacco products to anyone born after a specific year, effectively creating a rolling ban. Local business owners argued the move would drive customers to neighboring towns and foster unregulated black markets. David Lawler, an attorney representing Yarmouth Mobile and Shell, cautioned the board against the move. Total bans generally don't work—look at prohibition, Lawler said. You are hurting local businesses for a 'pie in the sky' ideal that isn't realistic. This decision should be made by the Governor and the Legislature, not a local board.

Business owners shared specific financial anxieties regarding the town’s recent regulatory history. Mr. Patel, a resident of Yarmouth Port, called the proposal a violation of civil liberties. If you're old enough to vote or serve in the military, you should decide as an adult, he noted. Alum, a local resident and business owner, pointed to the cumulative impact of recent town bans. We lost business with the menthol ban and the plastic bottle ban. People just go to Hyannis or across the line, Alum said, noting that his monthly mortgage on his business is $18,000. Construction on Route 28 is already hurting us. Please study the effect on businesses first. Supporting those concerns, Harry Patel and a worker named Liam argued that the ban would "infantilize" adults and fail to help local commerce.

Board members, however, focused on the long-term health benefits of the proposal. Chair Hillard Boskey asked the room, What do you think the goal of this is? It’s in the name. We're trying to prevent people from getting addicted. Smoking is the greatest preventable cause of death. Member Laurance Venezia echoed the medical necessity of intervention. Medically, 50% of chronic smokers will die from it, Venezia stated. If we can educate young people not to start, we owe it to them. While no formal motion was made on the tobacco policy, the board indicated it would continue its education and research phase.

The board did take concrete action regarding Kratom, a supplement often used for pain management but currently unregulated at the local level. Vice Chair Mary Craig highlighted the complexity of the issue, noting that while Rhode Island initially implemented a total ban, the state recently shifted to a regulatory model with "guardrails" due to Kratom’s potential role in managing opioid withdrawal. Health Director Barry informed the board that Mashpee recently enacted a full ban because partial regulations were too difficult to enforce. Most products on shelves are synthetic or have additives, even if labeled 'pure,' Barry explained. Chair Boskey expressed deep concern regarding self-treatment, noting that local pain specialists he consulted do not use the product due to a lack of objective clinical review. Motion Made by M. Craig to move the issue to a public hearing in March to gather more local input. Motion Passed (4-0).

In addition to substantive policy debates, the board implemented a strict new protocol for public participation. Chair Boskey announced that the town would no longer accept public comments from individuals who do not live or work in Yarmouth, citing an influx of non-resident calls facilitated by artificial intelligence tools that scan board agendas across the country. You can go on AI and find every board of health agenda, Boskey said. Our town meetings only allow people in town, and we are going to do the same. You need to be a resident—part-time or full-time—or work in town. This new rule was immediately tested when Peter Brennan, executive director of the New England Convenience Store and Energy Marketers Association, attempted to speak. Boskey informed him that while the board received his written opposition to the tobacco policy, he would not be permitted to provide remote testimony as a non-resident.

The health department also presented a finalized waiver form for businesses seeking variances from the town’s disposable plastic food ware ban. The move comes after the department received its first waiver request from a local Dunkin' Donuts. Health Director Barry noted the importance of keeping the pressure on businesses to find alternatives. We will only approve them for one year at a time so they have to come back and show what steps they have taken to find alternative products, Barry said. I don't want to give a variance for life. While Member Venezia questioned if the one-year duration was too long, Vice Chair Craig noted that the one-year term was already codified in the existing regulations. The board reached a consensus to keep the form as drafted.

The board further addressed administrative cleanup by finally signing a 2017 synthetic marijuana regulation that had been passed years ago but never officially promulgated due to a clerical oversight. A lot of effort went into this. It was carefully constructed, Chair Boskey said of the original work. The members signed the document during the meeting, pending a final check with the Clerk’s office.

Finally, the board reviewed a massive 190-page Hazard Mitigation Plan slated for Select Board approval. The plan details strategies for handling extreme heat, flooding, and power outages. While Member Venezia praised the plan’s inclusion of climate change data, Member Craig expressed disappointment that the board was only seeing the finalized document now. It was disappointing to just see it now since they've already had public comment, Craig noted. Member Eric Weston added that despite the delay in seeing it, the plan is essential. We haven't seen it before at all for all these years. It’s great it’s taking place and is important for the whole community, Weston said.

The meeting concluded with Chair Boskey volunteering to serve as the Board of Health representative for the Yarmouth Substance Abuse Committee (YSAC). Staff Sarah noted that while overdose numbers are trending slightly down, the committee’s work remains vital to the town’s public health mission.