Mendocino County Municipal Code Ch. 6.29 Conditions on the Display of Products Containing Pseudoephedrine With…

The Mendocino County Board of Supervisors finds that the use of methamphetamine is a national health crisis that affects the health and welfare of the citizens of the County of Mendocino. The Board of Supervisors further finds that the local production of methamphetamine, a key component of which is ephedrine, pseudoephedrine or phenylpropanolamine, is of staggering proportions. The County of Mendocino recognizes that the display of products containing ephedrine, pseudoephedrine or phenylpropanolamine on consumer-accessible shelving in retail establishments provides unrestricted consumer access to these products. In order to protect the health, safety and security of the public from the harm that results from the illicit manufacture, sale and use of methamphetamine, the County of Mendocino finds that it is necessary to regulate the display of products containing ephedrine, pseudoephedrine or phenylpropanolamine.

This Chapter places conditions on the display of products containing pseudoephedrine with other active ingredients in an attempt to limit a methamphetamine manufacturer's ability to obtain pseudoephedrine for the illegal production of methamphetamine.

(Ord. No. 4150 § 1 (part), adopted 2005.)

All packages of any product containing ephedrine, pseudoephedrine or phenylpropanolamine, whether as the sole active ingredient or in combination with products that have less than therapeutically significant quantities of other active ingredients, shall not be displayed and offered for sale in any retail establishment on consumer-accessible shelving.

(Ord. No. 4150 § 1 (part), adopted 2005.)

(A) "Consumer-accessible shelving" in this Chapter means any area of a retail establishment other than a product display area behind a counter where the public is not permitted, or within a locked display case or within six (6) feet of a register located on a checkout counter.

(B) "Ephedrine," "pseudoephedrine," or "phenylpropanolamine" in this Section means and includes the salts, optical isomers, or salts of optical isomers of ephedrine, pseudoephedrine and phenylpropanolamine.

(C) "Retail establishment" in this Chapter means and includes any business entity and individual person who sells, offers for sale or attempts to sell any product containing ephedrine, pseudoephedrine or phenylpropanolamine at retail.

(Ord. No. 4150 § 1 (part), adopted 2005.)

This Chapter shall not apply as follows:

(A) To any product labeled pursuant to Federal regulation for use only in children under twelve (12) years of age;

(B) To any products that the State Department of Health, upon application of a manufacturer, determines has been formulated in such a way as to effectively prevent its use in the illicit manufacture of methamphetamine;

(C) To any animal feed products containing ephedrine, or naturally occurring or herbal ephedra or extract of ephedra, pseudoephedrine or phenylpropanolamine; and

(D) To the sale or delivery of any product containing ephedrine, pseudoephedrine or phenylpropanolamine pursuant to the lawful prescription of a person authorized by State law to prescribe such products.

(Ord. No. 4150 § 1 (part), adopted 2005.)

Any person who is considered the general owner or operator of a retail establishment where products containing ephedrine, pseudoephedrine or phenylpropanolamine are available for sale who violates Section 6.29.020 of this Chapter shall be guilty of an infraction punishable by a fine of up to Five Hundred Dollars ($500).

(Ord. No. 4150 § 1 (part), adopted 2005.)