AMHERST — Amherst tobacco sales regulations may soon undergo significant changes, including restricting the sale of oral nicotine pouches to adult-only tobacco stores, increasing the minimum price of cigars to align with state regulations, and preventing new tobacco retailers from opening within 1,000 feet of existing ones.
However, despite these proposed updates, the Board of Health is not considering the nicotine-free generation initiative recently adopted in Belchertown, which bans tobacco sales to individuals born after Jan. 1, 2005. The town of Amherst already caps tobacco licenses at 14 and will not issue new ones when existing permits expire.
Public Hearing and Testimony
A public hearing on the proposed amendments to Amherst tobacco sales regulations will take place on Feb. 6 at 5 p.m. in the Large Activity Room at the Bangs Community Center, 70 Boltwood Walk. Residents, business owners, and stakeholders can provide oral testimony at the hearing, while written testimony will be accepted until Feb. 28. Submissions can be sent via email to Public Health Director Kiko Malin at malink@amherstma.gov or by mail to the Amherst Public Health Department at 70 Boltwood Walk, Amherst, MA 01002. No vote will be taken at this meeting, but one is expected on March 6.
Proposed Regulation Updates
Many proposed amendments will not significantly impact current tobacco sales. One minor change is renaming the regulations to “Restricting the Sale of Tobacco and Vape Products” to emphasize that tobacco and nicotine use is a public health concern for all ages. Additionally, the requirement for tobacco sellers to pass a tobacco quiz will be removed.
Key changes include:
- Keeping the cap at 14 tobacco sales permits.
- Establishing clear grounds for permit revocation.
- Implementing a unified fine structure for tobacco violations.
- Requiring a Board of Health hearing if a retailer accumulates four violations within three years.
- Eliminating the restriction that prohibits individuals under 21 from selling tobacco, though they will still be barred from working in adult-only tobacco stores.
Nicotine Pouches and Cigar Pricing Adjustments
Under the new regulations, oral nicotine pouches will only be sold in 21+ stores. Additionally, cigar prices will increase to match state regulations, with the minimum price rising from $2.50 to $2.90 per cigar and multipacks increasing from $5 to $5.80. The definition of tobacco product flavor enhancers will also be clarified to include flavored rolling papers.
Debate on Generational Tobacco Ban
Board members discussed whether to adopt a nicotine-free generation initiative similar to Belchertown’s. If implemented, it would permanently ban tobacco sales to anyone born after a specified date. Board of Health member Daya Mena supported this idea, viewing it as a transformative policy. However, board chair Risha Hess expressed concerns about potential legal challenges and financial burdens on the town.
Historical Context and Previous Regulations
Amherst has taken a progressive stance on tobacco regulations over the years. In 2013, the town banned tobacco sales in pharmacies, prohibited blunt wraps, and introduced a policy to retire permits when not renewed. In 2015, it raised the tobacco purchasing age to 21, ahead of state regulations. Later, in 2019, Amherst moved menthol cigarette sales to adult-only stores in anticipation of the state’s June 2020 ban on menthol cigarettes.
