Mendocino County Municipal Code Ch. 6.28 Sale of Chemicals

(A) Any manufacturer, producer, wholesaler, retailer or other person who produces, sells, transfers, or otherwise furnishes any of the following substances to any person in the unincorporated area of the County shall submit a report to the Sheriff of all of those transactions:

(1) N-methylephedrine;

(2) N-methelpseudoephedrine;

(3) N-ethylephedrine;

(4) N-ethylpseudoephedrine.

(B) (1)

Any producer, manufacturer, wholesaler, retailer, or other person shall, prior to producing, selling, transferring, or otherwise furnishing any substance specified in subsection (A) of this Section to a person in the unincorporated area of the County, require proper identification from the purchaser.

(2) For the purpose 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 specified in subsection (A) of this section 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 specified in subsection (A) of this section shall affix his or her signature as a witness to the signature and identification of the purchaser.

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

(C) Any manufacturer, producer, wholesaler, retailer, or other person who sells, transfers, produces or otherwise furnishes the substances specified in subsection (A) of this section to a person in the unincorporated area of the County shall, not less than twenty-one (21) days prior to delivery of the substance, submit a report of the transaction, which includes the identification information specified in subsection (B) of this section, to the Sheriff. 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:

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

(2) The recipient has established a record of utilization of the substance for lawful purposes.

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

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

(2) Any physician, dentist, podiatrist, or veterinarian who administers for furnishes a substance 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 to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian.

(4) Sales consistent with federal law of any proprietary product containing substances listed in subdivisions (1) through (4) of subsection (A) of this Section.

(E) (1)

Any person specified in subsection (C) of this section who does not submit a report as required by that subdivision or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in the County jail not exceeding six (6) months or by a fine not exceeding Five Thousand Dollars ($5,000), or by both the fine and imprisonment.

(2) Any person specified in subsection (C) of this section who has previously been convicted of a violation of subdivision (1) of this subsection shall, upon a subsequent conviction thereof, be punished by imprisonment in the County jail not exceeding one (1) year, or by a fine not exceeding One Hundred Thousand Dollars ($100,000), or by both the fine and imprisonment.

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

(Ord. No. 3667, adopted 1987.)