Siskiyou County Municipal Code Ch. 14 Limits on Retail Sales of Products Containing Ephedrine And…

For the purpose of this chapter, the following definitions apply:

(a) "Code" means the Siskiyou County Code.

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

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

(d) "Day" means calendar day.

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

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

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

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

(i) "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.

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

(k) "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.

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

(§ I, Ord. 98-31, eff. December 15, 1998)

(a) It is unlawful for any person during a single transaction to sell to a customer more than ten (10) packages of a product containing ephedrine or phenylpropanolamine.

(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 350.

(c) It is unlawful for any person during a single transaction to sell to a customer a product containing ephedrine or phenylpropanolamine when any pill, capsule, or individual unit contains more than 120 milligrams of ephedrine or phenylpropanolamine.

(d) It is unlawful for any customer on any single day to purchase or acquire more than ten (10) packages of a product containing ephedrine or phenylpropanolamine.

(e) It is unlawful for any customer on any single day to purchase or acquire a product containing ephedrine or phenylpropanolamine when the total count exceeds 350.

(f) It is unlawful for any customer on any single day to purchase or acquire a product containing ephedrine or phenylpropanolamine when any pill, capsule or individual unit contains more than 120 milligrams of ephedrine or phenylpropanolamine.

(§ I, Ord. 98-31, eff. December 15, 1998)

(a) Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter is a misdemeanor punishable by a fine of not more than Five Hundred Dollars and no/100ths ($500.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both.

(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.

(§ I, Ord. 98-31, eff. December 15, 1998)

This chapter is applicable to incorporated cities within Siskiyou County upon adoption by city of an ordinance making the provisions of this ordinance applicable to the city or the adoption of an ordinance incorporating compatible provisions.

(§ I, Ord. 98-31, eff. December 15, 1998)