Williamstown Health Board Develops Nitrous Oxide Bylaw
WILLIAMSTOWN, Mass. — The Board of Health on Monday moved closer to tightening regulations around the sale of nitrous oxide canisters.
The board held a public hearing on a draft ordinance that would limit sales only to "medical supply stores" and "kitchen supply stores" while prohibiting sales in other establishments with punishment through escalating fines and, ultimately, the report of a criminal offense.
The panel agreed to strengthen the draft submitted by Health Inspector Ruth Russell to strengthen the punishment for stores not authorized to sell the canisters at all.
Russell had proposed such businesses be fined $300 for a first offense, $500 for a second offense and $1,000 for a third offense before a referral for criminal charges.
"I'd say in the second case, someone who is not one of our approved locations, you get one warning and then [criminal prosecution]," James Parkinson said.
Later, he amended that suggestion.
"Maybe two chances," Parkinson said. "But the third [offense], there should be something other than just a fine."
His colleagues agreed, asking Russell to amend the proposed ordinance to reflect a "three strikes and you're out" approach for non-approved businesses selling nitrous oxide, which some use illegally as an inhalant to produce a high.
The issue came to the Board of Health last year when a resident reported that a Main Street gas station and convenience store was openly selling the canisters, which are illegal to use for purposes of intoxication in Massachusetts.
The board agreed that the town should pursue an ordinance modeled on legislation in effect in the City of Northampton.
Under the draft bylaw presented on Monday morning, approved retailers (i.e., medical supply and kitchen supply stores) would be subject to fines for sales to anyone under the age of 21 or knowing sales to anyone intending to use nitrous oxide for recreational use.
Chair Devan Bartels noted that she does not know of any kitchen supply or medical supply stores operating in town, but the regulation would apply should such a store open in the future.
One member of the public, Susan Abrams, asked the board what was to prevent a business from offering a line of kitchen supply materials in addition to their other wares in order to get around the ordinance.
Bartels pointed to the language in the proposed ordinance, defining a kitchen supply store as, "a business that specializes in the sale of equipment, tools, and supplies used in food preparation and service. These stores primarily serve restaurants, bakeries, catering businesses, and other food service establishments as well as the public by providing high-quality kitchen appliances, cookware, utensils, and specialty ingredients."
"In the spirit of the law, I think you can call a duck a duck," Bartels said. "If someone is a legitimate kitchen supply store, they'd fall under the first category."
BOH member Marzio Gusmaroli noted another potential avenue for town residents to obtain the nitrous oxide canisters for illicit purposes.
"It also is sold online by big e-commerce companies," he said. "I was reading that they don't respect local laws, only state-level laws. Should we, maybe, say to parents and teachers to keep an eye open?"
Bartels agreed and noted again that Massachusetts General Law prohibits the inhalation of nitrous oxide for recreation.
"My understanding is there is state legislation in the works to further regulate the sale," Bartels said. "For citizens who are concerned, I encourage everyone to contact Rep. [John] Barrett's office … because it's currently being discussed.
"We don't have jurisdiction over online platforms. This would help with the point-of-sale in our own municipality."
After hearing no objections from the public to the proposal, the board agreed to have Russell bring back a final version of the regulation for a vote at its March 31 meeting.
In other business on Monday morning, the board talked about how to implement a smoking ban in multi-family housing that was passed by town meeting last year.
William Raymond, who brought the proposal to town meeting by way of citizens petition, appeared before the board and agreed that a public awareness campaign and persuasion aimed at voluntary compliance are the first steps in implementing the ban.
"It's going to require patience and education," Raymond said. "However, I feel there has to be a consequence to non-compliance. That's my personal view."
Raymond said the law does allow the town's health agents to obtain a warrant to enter apartment units if they are denied entry. But he said such an action would be rare and, "no one wants that to be the case."
"No one wants to see any of their neighbors fined [for non-compliance]," Raymond said. "I just wanted to be able to say, 'You can't do this, and if you do it, it's going to be a hassle for you and me.' And the Board of Health should say, 'If you stubbornly refuse to comply, we can fine you.' "
Raymond said the Stratton Road condominium where he lives has decided, since the town meeting vote in May, to build an enclosure on the property to allow residents to smoke 25 feet from the housing units, as required under the ordinance.
Board members agreed informally that the town should create signage for apartments alerting residents to the ordinance as part of an awareness campaign.
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