Lake County Municipal Code Art. VII Reporting Sale of Chemicals

(a) For the purposes of this section, "supplier" means any manufacturer, wholesaler, retailer or other person or entity who sells, transfers or otherwise furnishes any of the following substances to any person or entity in the unincorporated area of the County:

(1) N-methylephedrine

(2) N-methylpseudoephedrine

(3) N-ethylephedrine

(4) N-ethylpseudoephedrine

(b) (1)

A supplier shall, prior to the sale, transfer or furnishing of any substance specified in subdivision (a) to a person or entity in the unincorporated area of the County, require the presentation of proper identification from the recipient.

(2) For purposes of this subdivision, "proper identification" means: a motor vehicle operator's license or other official state-issued identification of the recipient which contains a photograph of the recipient and includes the residential or mailing address of the recipient, other than a post office box number; the motor vehicle license number of any motor vehicle owned or operated by the recipient; and, a letter of authorization from the business for which any substance specified in subdivision (a) is being furnished, which shall include 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 recipient. The supplier shall affix his or her signature as a witness to the signature and the identification of the recipient.

(3) A violation of this subdivision is a misdemeanor.

(c) A supplier shall, not less than 21 days prior to delivery of a substance specified in subdivision (a), submit a report of the transaction, which shall include the identification information specified in subdivision (b), to the Lake County Sheriff. However, the Sheriff may authorize the submission of the reports on a monthly basis with respect to the repeated regular transactions between the supplier and the recipient involving the same substance if the Sheriff determines the following:

(1) That a pattern of regular supply of the substance exists between the supplier and the recipient of the substance; and,

(2) The recipient has an established record of utilizing the substance for lawful purposes.

(d) This section shall not apply to any of the following:

(1) Any licensed pharmacist or other authorized person who sells or furnishes a substance specified in subdivision (a) upon the prescription of a physician, dentist, podiatrist or veterinarian.

(2) Any physician, dentist, podiatrist or veterinarian who administers or furnishes a substance specified in subdivision (a) to his or her patients.

(3) Any manufacturer or wholesaler licensed by the California State Board of Pharmacy who sells, transfers, or otherwise furnishes a substance specified in subdivision (a) to a licensed pharmacy, physician, dentist, podiatrist or veterinarian.

(4) Sales consistent with Federal law of any proprietary product containing a substance specified in subdivision (a).

(e) (1)

A supplier who does not submit a report as required by subdivision (c) or who knowingly submits a report which contains false or fictitious information shall be guilty of a misdemeanor and shall be punished by imprisonment in the County jail for a period not to exceed six months or by a fine not to exceed five thousand dollars ($5,000) or by both.

(2) A supplier who has previously been convicted of a violation of paragraph (1) of this subdivision shall, upon a subsequent conviction thereof, be punished by imprisonment in the County jail for a period not to exceed one year, or by a fine not to exceed one hundred thousand dollars ($100,000) or by both.

(f) This section shall be operative until December 31, 1988, and on that date is repealed.

(Ord. No. 1706, § 2, 12-1-87)

Secs. 9-51—9-59. - Reserved.