PITTSFIELD, Mass. — The Board of Health isn't ready to adopt a tobacco ban for customers born after a certain date. 

On Wednesday, the board voted to move forward with updates to the city's tobacco regulations without Nicotine Free Generation language stipulating "No retailer or person shall sell or provide a tobacco product to a person born on or after January 1, 2005." Members would like to see what surrounding municipalities do before adopting the ban that could disproportionality affect only Pittsfield businesses.

"I think practically and politically, it's not the right time," board member Jeffrey Leppo said. 

Retailers returned to this meeting to voice concern for the longevity of their businesses if NFG regulations were adopted, and losing sales to neighboring communities that do not have the ban.  

While he believes Pittsfield has the "most stores and the most people that come in from other places to buy these products," board member David Pill said he would like to see more assurance that other communities are following the same path.  

"The points for me that are most, most concerning is the fact that this is their livelihood, and somebody can literally go to the next municipality," Chair Roberta Elliott said. 

"I've always thought that if the state decided to do it and everybody was in the game, it would at least be somehow fair shot for everybody." 

Discussion began earlier this year with a presentation on the Nicotine Free Generation initiative that aims to prevent future generations from becoming addicted to tobacco and nicotine products by restricting sales to those born after a specific date.

Christopher Gian, manager of Zenner's Package and Variety on Tyler Street, said neighbors without vehicles rely on his store for grocery essentials. He estimates that tobacco accounts for between 18 percent and 20 percent of sales. 

"We lost a lot of things like the flavored wraps, cigars. Understandable, but that was a big crash to our income. The menthol cigarette ban, our electric bill has doubled recently. Our gas bill has doubled recently. Our minimum wage has doubled in the last five, six years. Everything's going up and up and up. With these things being taken away, it's just very difficult to do business," 

"… We're very responsible with who we sell to. We card everyone. We have a computer system that checks IDs before they're sold. We have meetings once a month to make sure that they're sold to people 21 and over." 

He asked the board, "How do you tell a 32-year-old, or eventually, a 35-year-old, 40-year-old, that they can't buy cigarettes here in Pittsfield?" and said the ban would close businesses. 

Kayur Shah, owner of Chico's Wine and Spirits on West Housatonic Street, said "slowly and slowly," the store's tobacco numbers are decreasing because of bans. 

"I'm pretty close to New Lebanon [N.Y.], it's like two miles, so I'm losing, actually, the alcohol customers and tobacco customers combined, because they're like, 'I'm just gonna go to buy a Newport in New Lebanon and just buy 30 pack or other stuff there," he said. 

"So if this — it is going to hurt slowly." 

He suggested education in the Pittsfield Public Schools, saying, "we are here to support any way we can." This was well received by the health officials. 

Other concerned store owners said it would have an impact on the resale value of their business and pointed to the residual sales that come from tobacco sales. 

"It's not only 18 percent that's going to necessarily get impacted. There's a lot of residual sales that come into play of someone entering your business due to the fact that they're going to buy a pack of cigarettes," said Brandon Peaslee of Peaslee's Package & Variety on Wilson Street. 

"… It's a piece of the puzzle that makes everything go around, but there's a much larger impact that this will have on businesses that are staples within our community, and a lot of people rely on these businesses within our community, so it definitely will be hard for everyone." 

Director of Public Health Andy Cambi explained that his perspective has evolved after speaking with retailers. 

"I feel like the conversations that they're having right now with us are very respectful. It doesn't seem like it's a back-and-forth, we're the bad person, they're the bad person. It's more like they're willing to work with us, they're willing to ramp up education, they're willing to solve this together, essentially, but they also make it clear that it's their livelihood," he said. 

"So I'm starting to be more understanding of that, and trying to say, 'OK, they're on our team now.' We're working together." 

In 2023, the board updated Pittsfield's tobacco ordinance to clarify the definition of blunt wraps, raise the minimum price requirement for cigars, and adopt state guidance on fines for violations.

The ordinance had last been amended in 2019 before Gov. Charlie Baker signed an Act Modernizing Tobacco Control, which imposed new restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products.

"I worry about the health of our community. Of course, or else I wouldn't be here, but I do worry about the economic impact, because that affects the health of our community as well," board member Sandra Gattasso said.

"So I do worry about that and families that are running businesses for 30, 40, 50 years, and how that's going to impact many people, because they have employees." 

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