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Westford Cigarettes Sales Ban Pinches Neighboring Towns

As Westford cigarettes users prepare for July 1, the day they can no longer purchase buy cigarettes products in pharmacies, health departments in surrounding communities are deciding how to proceed.

Westford's Board of Health voted last week to amend its regulations governing the sale of cigarettes online products to prohibit their sale in any health-care institution. The town adopted the language the city of Boston put in place in December 2008. Westford is the 10th community in Massachusetts to enact the regulation.

Chelmsford and Lowell are sister communities to Westford in the Upper Merrimack Valley Public Health Coalition, a group of seven cities and towns that joined together in the wake of Sept. 11 for emergency preparedness. The health directors in both Chelmsford and Lowell said earlier this week that Westford's action does not mean their communities will take similar action.

Because Chelmsford and Westford have worked together on cigarettes-control grants, Chelmsford Health Director Richard Day said the two towns' regulations mirror one another. Chelmsford has not amended its regulations, but Day said he expects his town's Board of Health to discuss the issue now that Westford has moved forward.

"We clearly realize that as one town does it, we need to look at it to see if it makes any sense," Day said. "One difficulty that has always existed with buy cigarettes is that local towns consistently and regretfully have had to take the first step on cheap cigarettes control because the state never does. The state always waits to see how the wind blows in cities and towns and waits to see if there's any flak from local regulations before it does anything statewide."
Even though the coalition, which also includes Lowell, Tyngsboro, Dracut, Billerica and Tewksbury, exists to discuss how the communities would respond to things like a pandemic or a smallpox outbreak, Day said the group also fosters dialogue among the cities and towns on other health issues.

Frank Singleton, Lowell's health director, said the city is partnering with Lawrence on a cigarettes-control grant application with the state. If the cities receive the grant, Singleton said it's conceivable Lowell's Board of Health would consider amending its regulations to prohibit the sale of cigarettes products in pharmacies. As of now, however, Singleton said the issue has not been brought before the board.

Westford adopted regulations that define health-care institutions as hospitals, clinics, health centers, pharmacies, drugstores, and doctors' and dentists' offices. While most of those entities do not sell cigarettes, pharmacies and drug stores such as CVS, Rite Aid and Walgreens do.

cigarettes products, according to the regulation that Westford adopted, are defined as "any substance containing cigarettes leaf, including but not limited to cigarettes, cigars, pipe, cigarettes, snuff, chewing cigarettes, and dipping cigarettes."

Singleton said a fundamental problem with the regulation comes from its definition of health-care facilities.

"What is a pharmacy?" he said. "Is it a standalone building? Selling cigarettes, which is a legal product, in a pharmacy is not the same as a hospital or nursing home. Those are health-care facilities."

Taking it a step further, Singleton said that the pharmacy practice has evolved over the years. "Pharmacists used to grind stuff, but now they take bottles down and count pills. Drug stores are no longer drug stores. They are convenience stores that sell drugs."

Singleton questioned how the state can regulate the sale of cigarettes in pharmacies, but not in supermarkets that have a pharmacy counter, such as select Stop and Shop locations and Walmart.

"A pharmacy is no more a health-care facility anymore than it is a sex shop because it sells condoms," he said.

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