Hidden Hills Municipal Code Ch. 9 Reporting Sale of Unregulated Chemicals

Any manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any of the following substances to any person shall submit a report to the Sheriff of all of those transactions:

N-methylephedrine

N-methylpseudoephedrine

N-ethylephedrine

N-ethylpseudoephedrine

Chloroephedrine

(Ord. 209, 4-4-88)

A. Identification Required: Any manufacturer, wholesaler, retailer or other person shall, prior to selling, transferring or otherwise furnishing any substance specified in this Chapter, obtain proper identification from the purchaser.

B. Proper Identification: For the purposes of this Section, "proper identification" means a motor vehicle operator's license or other official State-issued identification of the purchaser which contains a photograph of the purchaser and includes the residential or mailing address of the purchaser, other than a post office box number, and motor vehicle license number of any motor vehicle owned or operated by the purchaser, a letter of authorization from the business for which any substance listed in this Chapter is being furnished, which includes the business license number and address of the business, a full description of how the substance is to be used and the signature of the purchaser. The person selling, transferring or otherwise furnishing any substance listed in this Chapter shall affix his signature as a witness to the signature and identification of the purchaser.

C. Violation: Violation of this Section is a misdemeanor and shall be punishable as provided in Section 1-5-1 of this Code.

(Ord. 209, 4-4-88; 1994 Code)

Any manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any substance specified in this Chapter to any person shall, not less than 21 days prior to delivery of the substance, submit a report of the transaction to the Sheriff, including the identification specified above. However, the Sheriff may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the Sheriff determines that either of the following exist:

A. A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes such substance and the recipient of the substance.

B. The recipient has established a record of utilization of the substance for lawful purposes.

(Ord. 209, 4-4-88)

This Chapter shall not apply to any of the following:

A. Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist or veterinarian.

B. Any physician, dentist, podiatrist or veterinarian who administers or furnishes a substance to his patients.

C. Any manufacturer or wholesaler licensed by the California State Board of Pharmacy who sells, transfers or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist or veterinarian.

D. Sales consistent with Federal law of any proprietary product containing substances listed in Section 3-9-1 of this Chapter.

(Ord. 209, 4-4-88)

A. Any person specified in this Chapter who does not submit a report as required or who knowingly submits a report with false or fictitious information shall be punished as set forth in Section 1-5-1 of this Code.

B. Any person specified in this Chapter who has previously been convicted of a violation of subsection A of this Section shall, upon a subsequent conviction thereof, be punished by imprisonment in the County jail not exceeding one year or by a fine not exceeding $2,000.00 or by both the fine and imprisonment.

(Ord. 209, 4-4-88; 1994 Code)