Anderson Municipal Code Ch. 9.18 Limits on Retail Sales of Products Containing Ephedrine And…

For the purpose of this chapter the following definitions apply:

"Code" means the Anderson Municipal Code.

"Count" means the number of pills, tablets, capsules, or individual units of a substance containing ephedrine or phenylpropanolamine.

"Customer" means any person who is sold or acquires during a transaction products from any retail store.

"Day" means calendar day.

"Ephedrine" means any drug, substance or compound that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate.

"Package" means any bottle, box, blister pack or other container in which products containing ephedrine or phenylpropanolamine are sold.

"Person" means a corporation, copartnership, or association as well as a natural person.

"Phenylpropanolamine" means any drug, substance or compound that contains phenylpropanolamine.

"Retail store" means any single geographic location of any business, company, corporation, person, employee or associate that sells products to any customer. It does not include any wholesaler engaged in a wholesale transaction.

"Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration.

"Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic or manual transfer between accounts or any other acquisition or disposition of property by whatever means effected.

"Wholesaler" means a person whose business is the selling of goods in gross to retail stores for purposes of resale.

(Ord. 684 § 1 (part), 1999)

A. It is unlawful for any person during a single transaction to sell to a customer more than three packages of a product containing ephedrine or phenyropanolamine.

B. It is unlawful for any person during a single transaction to sell to a customer products containing ephedrine or phenylpropanolamine when the total count exceeds one hundred.

C. It is unlawful for any customer on any single day to purchase or acquire more than three packages of a product containing ephedrine or phenylpropanolamine.

D. It is unlawful for any customer on any single day to purchase or acquire a product containing ephedrine or phenylpropalamine when the total count exceeds one hundred.

(Ord. 684 § 1 (part), 1999)

A. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.20 of this code. A violation may be charged as either a misdemeanor or an infraction in the discretion of the arresting agency in consultation with the Shasta County district attorney.

B. This chapter is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent.

C. The provisions of this chapter shall not apply whenever a customer is sold ephedrine or phenylpropanolamine upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in the state of California.

D. A violation of any provision of this chapter constitutes a public nuisance.

(Ord. 684 § 1 (part), 1999)