Chapter 9.24

• a. Alkyl nitrite products commonly known as "poppers" are held out for retail sale as "room odorizers" or "room incenses," but purchasers commonly use them as inhalants to induce certain physical responses.

• b. The Federal Food, Drug and Cosmetic Act, enforced by the Federal Food and Drug Administration (FDA), regulates the manufacture and sale of, inter alia , drugs and devices intended to affect the structure or any function of the human body. The FDA does not regulate room odorizers since they purportedly function as a general air incense and are not intended to affect the structure or any function of the human body. The Sherman Food, Drug and Cosmetic Law of California is based on the federal act and also does not regulate room odorizers containing alkyl nitrites. Therefore, these room odorizers are not currently subject to regulation by federal, state or local drug control agencies.

• c. Manufacturers and distributors are advertising alkyl nitrite products as safe, thus causing users of such products to believe that they can be inhaled without any harmful effects. These representations are contrary to the opinion of the United States Consumer Product Safety Commission which has issued regulations requiring that consumer products containing alkyl nitrites be labeled to caution against inhaling, since the substance may be harmful to a person's health, and to statements by the FDA and the Centers for Disease Control warning about possible adverse effects from ingesting or inhaling alkyl nitrites.

• d. The proliferation of the display of alkyl nitrite products in retail stores within the city and the distribution of such products without proper warnings, exacerbates problems attending the abuse of alkyl nitrite products within this community.

• e. The problems caused by inhaling alkyl nitrites are as yet not completely understood, but there are indications that they may be carcinogenic and also may impair the immune system. Hence, steps must be taken to stop the encouragement of the abuse of alkyl nitrite products as inhalants fostered by their unregulated display and sale.

• f. This chapter is necessary in order to discourage the abuse of products containing alkyl nitrites within the city and is for the protection of the health and welfare of the residents of the city.

(Prior code § 5400; Ord. 86-111 § 1, 1986)

As used in this chapter:

"Alkyl nitrite" shall mean any volatile alkyl nitrite compound, including, but not limited to, amyl nitrite, isoamyl nitrite, butyl nitrite and isobutyl nitrite.

"Alkyl nitrite product" shall mean all products of any kind, sold at retail, containing an alkyl nitrite, whether or not such product is intended for use or designed for use in injecting, ingesting, inhaling, or otherwise introducing alkyl nitrite into the human body. "Alkyl nitrite products" include, but are not limited to, products containing alkyl nitrites and intended for use or designed for use as a room odorizer or incense.

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA § 9.24.020

PUBLIC PEACE AND SAFETY

§ 9.24.040

"Business" shall mean a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

"Display" shall mean to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.

"Patron" shall mean a person who enters a business for the purpose of purchasing, or viewing as a shopper, merchandise offered for sale at the business.

"Person" shall mean a natural person or any firm, partnership, association, corporation or cooperative association.

(Prior code § 5401; Ord. 86-111 § 1, 1986)

All owners, managers, proprietors in charge of any room in any place of business selling, or displaying for the purpose of sale, any device or product containing alkyl nitrites other than prescription drugs and devices to inhale, ingest or inject prescription drugs, shall post a warning sign immediately adjacent to any alkyl nitrite product offered for sale and which shall be clearly visible to the patron at the point of sale. Such sign shall not be less than eight inches by eleven inches in size and shall be printed on a contrasting background and in a legible manner conveying the following warning:

WARNING

These products contain alkyl nitrites ("Poppers"). Inhaling or swallowing alkyl nitrites may be harmful to your health. These chemicals can cause skin rashes, nasal irritation, sinus or lung infections, and rarely, severe anemia. Inhaling concentrated alkyl nitrite vapors may cause you to faint and could be very dangerous if you have a hidden heart disease.

Whether continued inhalation of alkyl nitrites may affect the immune system is not known, but several different studies have suggested that some impairment of the immune system is possible.

The word "WARNING" shall be in a print of 84 point height and Helvetica type and the remainder of the text in a print of 24 point height and in Helvetica medium-face, Futura mediumface or Univers 65 type.

(Prior code § 5402; Ord. 86-111 § 1, 1986)

This chapter shall not apply to any of the following:

• a. Any pharmacist or other authorized person who sells or furnishes alkyl nitrite products upon the prescription of a physician, dentist, podiatrist or veterinarian.

• b. Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes alkyl nitrite products to his or her patients.

• c. Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer alkyl nitrite products.

(Prior code § 5403; Ord. 86-111 § 1, 1986)

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.25.010

§ 9.25.020