Nicotine-Free Generation Proposal Gains Momentum as Health Board Targets Kratom Sales

Key Points

  • Board members advanced a "Nicotine-Free Generation" proposal to ban tobacco sales based on birth year.
  • Chair Boskey and Vice Chair Craig drafted new regulations to restrict the sale of Kratom due to lack of FDA oversight.
  • A 600-gallon temporary leaching pit variance was granted for the Route 28 wastewater pump station.
  • Public comment was restricted to residents following previous meeting disruptions.
  • Health Director Barry achieved Certified Health Officer status and completed the town's holiday Giving Tree program.

The Yarmouth Board of Health moved closer to implementing sweeping new tobacco and herbal supplement restrictions Monday night, signaling a shift toward long-term public health mandates. Vice Chair Mary Craig led a discussion on a proposed "Nicotine-Free Generation" policy, which would prohibit the sale of tobacco products to any individual born after a specific year. Craig emphasized the long-term economic and physical toll of smoking, noting that the health repercussions far outweigh any business setbacks and that half of chronic smokers eventually succumb to smoking-related illnesses. The board is modeling the potential regulation after Brookline’s policy, which has survived legal challenges.

Board members expressed a unified front on the tobacco initiative, comparing the mandate to historic safety shifts. Member Eric Weston likened the move to mandatory seat belt laws, stating, I thought about seat belts and how many lives that law saved. Society is paying for the outcomes of accidents and ICU costs. Member Laurance Venezia acknowledged previous pushback from local convenience store owners regarding lost revenue but noted that the proposed policy allows it to come into effect over a slower period of time, focusing on future generations rather than current adult customers.

Parallel to the nicotine discussion, the board is fast-tracking a regulation to address the sale of Kratom, an herbal substance with opioid-like effects. Chair Hillard Boskey raised alarms over the total lack of oversight for the product, citing reports of heavy metal contamination and Salmonella. There's really no regulation whatsoever, and that's pretty scary, Boskey said, adding that emergency departments are seeing patients with cardiac issues and respiratory distress linked to the supplement. The board is considering folding Kratom into existing cannabinoid regulations, with Craig suggesting that the town act at least until some regulatory board gets involved in quality control.

Infrastructure needs also took center stage as the board addressed the town's expanding wastewater project. Mike Judicy of CDM Smith presented a variance request for the 280 Route 28 pumping station, located at the site of a local tile shop. The project requires a temporary 600-gallon leach pit because the new station sits directly atop the existing leaching field. Judicy explained that the vertical system is a necessary interim step for Contract 6 of the wastewater plan, stating, This leach pit would function essentially the same as the current leach field. It just takes up a much smaller footprint. Health Director Barry noted the variance was necessary due to a six-foot setback reduction from the roadway. Motion Made by E. Weston to approve the variance for 280 Route 28, Yarmouth Port, Massachusetts. Motion Passed (4-0-0).

The meeting began with a firm application of the board’s recently tightened public comment protocols. When Laura Rooney, a non-resident, attempted to address the board regarding previous correspondence, Chair Boskey declined to permit her to speak. Referencing a recent history of contentious meetings that Boskey said had gotten out of hand, the chair maintained the board's new stance of prioritizing comments from local residents and stakeholders. Boskey assured Rooney that her email would be reviewed by the members privately.

The board also tackled broader public health concerns, specifically a national resurgence in preventable diseases. Boskey pointed to 1,900 cases of Measles across the country as a sign of declining vaccination rates, while also noting recent changes to CDC recommendations for the Hepatitis B vaccine. Venezia, drawing on his experience as a veterinarian, provided a perspective on herd immunity and viral mutation. Viruses gain in virulence as they spread from one patient to another, Venezia explained, noting that high vaccination percentages serve to attenuate the virus and protect the community at large.

In departmental news, Health Director Barry announced he has passed his Certified Health Officer exam and provided an update on the town’s holiday Giving Tree. The department has successfully organized gift packages for 35 local children, which will be delivered to schools this week. Barry also noted that upcoming January and February health events, including a fall risk assessment, have already seen high enrollment from the community. Following a brief review of administrative records, Motion Made by E. Weston to accept the minutes as read. Motion Passed (4-0-0).