In this title, the following terms have the meanings indicated.
“Distribute” means to:give away, sell, deliver, dispense, or issue;
offer to give away, sell, deliver, dispense, or issue; or
cause or hire any person to:give away, sell, deliver, dispense, or issue; or
offer to give away, sell, deliver, dispense, or issue.
“Ephedrine product” means any dietary supplement product designed or intended for human consumption that contains any natural or synthetic ephedrine.
Ord. 03-621
A person engaged in the business of selling or otherwise distributing ephedrine products for commercial purposes may not:
distribute any ephedrine product to a minor, unless the minor is acting solely as the agent of an employer engaged in the business of distributing ephedrine products; or
distribute to a minor any coupon redeemable for any ephedrine product.
Ord. 03-621
A person not described in <cite data-path="|health|§15-201">§ 15-201 of this subtitle</cite> may not buy for or sell or deliver to a minor:
any ephedrine product; or
any coupon redeemable for any ephedrine product.
This section does not apply to a parent or guardian of a minor who provides the product to the minor in accordance with written instructions of the minor’s physician.
Ord. 03-621
A person has not violated this subtitle if:
the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and
the license or other identification identified the buyer or recipient as being at least 18 years old.
Ord. 03-621
This subtitle does not apply to the distribution of a coupon that is:
contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or
sent through the mail.
Ord. 03-621
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Ord. 03-621
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Ord. 03-621
Except as otherwise specified in this subtitle, no establishment that sells ephedrine products at retail may display, store, or place any ephedrine product anywhere that is accessible to customers without the intervention of the seller or an employee of the seller.
Ord. 03-621
The display, storage, or placement of ephedrine products in accord with one of the following methods does not violate <cite data-path="|health|§15-301">§ 15-301 of this subtitle</cite>:
behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers;
in a locked display case for which seller assistance is needed to gain access to products in the case; or
in an overhead merchandise rack that:at its lowest point, is at least 6 feet above the floor; and
permits access to products in the rack only from the side facing away from customers.
Ord. 03-621
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}.
The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Ord. 03-621
An owner, operator, or manager of an establishment that violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
Each day that a violation continues is a separate offense.
Ord. 03-621