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ARTICLE 5: PUBLIC HEALTH– GENERAL
Sec. 230. Homes for Children, Establishment, Etc.
Sec. 231. Penalty.
Sec. 254. Establishment, Etc., of Medical Colleges.
Sec. 255. Tattooing.
Sec. 256. Permit.
Sec. 257. Investigation and Inspection.
Sec. 258. License Fees.
Sec. 259. Qualifications of Operator.
Sec. 260. Suspension or Revocation of Operator's Permit.
Sec. 261. Expiration Date of Permit.
Sec. 262. Permits and Operator's Cards– Posting of.
Sec. 263. Violations– Penalty.
Sec. 264. Policy.
Sec. 264.1. Findings.
Sec. 264.2. Definitions.
Sec. 264.3. Smokeless Tobacco Warnings.
Sec. 264.4. Penalties and Enforcement.
Sec. 265. Policy.
Sec. 265.1. Findings.
Sec. 265.2. Alcohol Consumption Warnings.
Sec. 265.3. Penalties and Enforcement.
Sec. 266. Registry for Senior and Disabled Persons Who Wish to be Contacted in the Event of a Disaster.
Sec. 267. Policy.
Sec. 267.1. Findings.
Sec. 267.2. Duty to Post.
Sec. 267.3. Violations and Penalties.
Sec. 267.4. Enforcement.
Sec. 267.5. City Undertaking Limited to Promotion of General Welfare.
Sec. 267.6. Severability.
Sec. 267.7. Policy.
Sec. 267.8. Findings.
Sec. 267.9. Duty to Post.
Sec. 267.10. Violations and Penalties.
Sec. 267.11. Enforcement.
Sec. 267.12. City Undertaking Limited to Promotion of General Welfare.
Sec. 267.13. Severability.
SEC. 230. HOMES FOR CHILDREN, ESTABLISHMENT, ETC.
Any person who, without having first obtained a written permit so to do from the Department of Public Health, establishes, maintains, conducts or manages any institution, day nursery, or other place for the reception or care of children, exclusive of boarding homes as defined in Section 1620(a) of the Welfare and Institutions Code of the State of California, or who keeps at any such place any child under the age of 12 years, not his relative, apprentice or ward, without legal commitment, or neglects, refuses or omits to comply with the provisions of this Section, or who violates the provisions of such permit, is guilty of a misdemeanor.
(a) Permits. The Department of Public Health, shall have power to issue permits for such places, and every such permit shall specify the name and residence of the person so undertaking the care of such children and the location of the place where the same are kept and the number of children thereby allowed to be received or kept therein, and shall be revocable for cause by the said Department of Public Health in any case where the provisions of this Section are violated, or in any case where, in the opinion of the Department of Public Health, such institution, day nursery, or other place as previously described herein, is being managed, conducted or maintained without regard for the health, comfort or morality of the inmates thereof, or without thereof, or without due regard to proper sanitation or hygiene.
(b) Registration of Children. Every person holding such permit must keep a register, wherein he shall enter the names and ages of all such children and the names and residence of their parents, so far as known; the time of the reception and discharge of such children and the reasons therefor, and, also the name and age of every child who is given out, adopted, taken away or indentured from such place to or by any person, together with the name and residence of the person so adopting, taking away or indenturing such child, and within 48 hours after such child is so given out, taken away or indentured shall cause a correct copy of the register to be sent to the Department of Public Health.
It shall be lawful for the officers and representatives of the Department of Public Health, and for all Health Officers at all reasonable times to enter and inspect the premises wherein such children are so received and kept, and to call for and inspect the permit and register, and also to see and visit such children.
SEC. 231. PENALTY.
Any person who shall violate any of the provisions of Section 230 of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $250, or by imprisonment in the County Jail for not more than three months, or by both such fine and imprisonment.
SEC. 254. ESTABLISHMENT, ETC., OF MEDICAL COLLEGES.
It shall be unlawful for any person, corporation or association to erect, establish or maintain any medical college or building or place of the dissection of human bodies without permission from the Department of Public Health.
SEC. 255. TATTOOING.
Definitions. For the purpose of this ordinance certain words and phrases shall be construed as hereafter defined. Words in the singular include the plural, and words in the plural shall include the singular. Words in the present tense shall include the future.
(a) Director of Public Health. The term "Director of Public Health" shall include the Director of Public Health, his assistant, or any regularly qualified employee or inspector of the Department of Public Health in the City and County of San Francisco.
(b) Tattooing. Tattooing shall mean any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments.
(c) Person. Person shall mean any individual, firm or corporation, owner or operator of a tattooing establishment.
SEC. 256. PERMIT.
It shall be unlawful for any person, firm or corporation, owning, controlling and leasing, acting as agent for, conducting, managing or operating any establishment to practice the art of tattooing or to engage in the practice of tattooing, without first applying for and receiving a permit from the Director of Public Health of the City and County of San Francisco in the manner hereinafter provided.
Every applicant for such permit shall file with the Department of Public Health of the City and County of San Francisco a written application, which shall state the name and address of the applicant, a description of the property by street and number, wherein and whereon it is proposed to conduct the tattooing establishment, the number of persons to be employed in such establishment, together with a description of the experience and qualifications of each person engaged in the practice of tattooing, and such other pertinent information as the Department of Public Health may require.
SEC. 257. INVESTIGATION AND INSPECTION.
It shall be the duty of the Director of Public Health of the City and County of San Francisco to investigate the statements made in the application, and the premises where it is proposed to practice the business of tattooing, and if it shall appear to the Director of Public Health that the statements contained in the application are true and that the sanitary conditions prevailing upon the premises comply with the provisions of this ordinance and State laws and conform to the rules and regulations of the Director of Public Health of the City and County of San Francisco, a permit therefor shall be granted for the establishment. Such permit shall be granted only upon the express condition that it shall be subject to suspension or revocation by the Director of Public Health upon a showing satisfactory to said Director of a violation by the holder of such permit, or person or employee, acting with his consent or under this authority, of any provision of this ordinance or any law of the State of California, or any rule or regulation of the Director of Public Health of the City and County of San Francisco regulating tattooing establishments, which rules or regulations the Director of Public Health is hereby authorized to make.
SEC. 258. LICENSE FEES.
Upon approval of an application for a permit to engage in the practice of tattooing, the Director of Public Health shall forward the permit therefor to the Tax Collector, who, upon payment of the license fee hereinafter provided shall issue the permit to the designated permittee.
Every person engaged in the business of conducting, managing or operating any establishment for the practice of the art of tattooing shall pay a license fee of $129 per year, or for any portion of a year, payable annually in advance.
(Amended by Ord. 206-93, App. 6/25/93; Ord. 121-97, App. 4/9/97; Ord. 37-05, File No. 0401733, App. 2/11/2005)
SEC. 259. QUALIFICATIONS OF OPERATOR.
It shall be unlawful for any person to employ an operator in the practice of tattooing without such operator having first secured an operator's card. The issuance of the operator's card herein provided shall be subject to the applicant's compliance with the regulations and passage of the physical examination required by the rules and regulations of the Director of Public Health. An operator's card shall be granted only on the express condition that it shall be subject to suspension or revocation by the Director of Public Health upon a showing satisfactory to the Director of Public Health of a violation by the holder of said operator's card of any rule of the Director or provision of this ordinance or of State law or upon a satisfactory showing that the operator does not possess sufficient skill or that he is negligent and has been responsible for communication of infections.
SEC. 260. SUSPENSION OR REVOCATION OF OPERATOR'S PERMIT.
Suspension or revocation of a permit for an operator's card shall automatically suspend or revoke any license issued to such person under the provisions of this or any other ordinance of the City and County of San Francisco. Upon the making of any order of suspension or revocation, the Director of Public Health shall in writing notify the Tax Collector and the Police Department.
SEC. 261. EXPIRATION DATE OF PERMIT.
A permit for a tattooing establishment or an operator's card under the provisions of this ordinance may be granted at any time during the year, but all permits and operators' cards issued hereunder shall expire on the thirtieth day of the next succeeding June. Said permit or operator's card shall not be transferable.
SEC. 262. PERMITS AND OPERATOR'S CARDS– POSTING OF.
All permits, operators' cards and regulations of the Director of Public Health shall be posted at all times in a conspicuous place in the establishment.
SEC. 263. VIOLATIONS– PENALTY.
Any person, firm or corporation who shall violate any of the provisions of this ordinance or fail to comply with any order or regulation made thereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the County Jail for a period of not less than 10 days or more than six months or by both such fine and imprisonment.
SEC. 264. POLICY.
It is the policy of the City and County of San Francisco to require every person who sells smokeless tobacco to post a conspicuous warning at the point of retail sale as to the addictive and possible cancer-causing nature of smokeless tobacco, the illegality of, and the punishment for selling, giving, or in any way furnishing smokeless tobacco, or any other tobacco product or paraphernalia, to another person who is under the age of 18 years.
(Added by Ord. 329-87, App. 7/31/87)
SEC. 264.1. FINDINGS.
Scientific evidence has shown that use of smokeless tobacco is causally related to oral cancer with the risk of developing such cancers being four times as great among snuff users than nonusers. Smokeless tobacco has been shown to contain nicotine which is a dependence-producing drug that frequently results in addictive behavior. Scientific evidence has shown that smokeless tobacco has been associated with a number of oral problems including gingivitis, gingival recession, tooth abrasion and caries. The use of smokeless tobacco has increased substantially in recent years particularly among adolescent males, and is highly prevalent among certain population groups. Users generally are unaware of the possible harmful effects associated with using smokeless tobacco.
Therefore, the Board of Supervisors declares that it is in the public interest to require every person who sells smokeless tobacco to post a conspicuous warning at the point of retail sale as to the addictive and possible cancer-causing nature of smokeless tobacco, the illegality of, and the punishment for selling, giving or in any way furnishing smokeless tobacco, or any other tobacco product or paraphernalia, to another person who is under 18 years.
(Added by Ord. 329-87, App. 7/31/87)
SEC. 264.2. DEFINITIONS.
(a) "Chewing tobacco" shall mean any leaf tobacco that is not intended to be smoked.
(b) "Person" shall mean an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision thereof.
(c) "Smokeless tobacco" shall mean any finely cut, ground, powdered, or leaf tobacco that is not intended to be smoked.
(d) "Snuff" shall mean any finely cut, ground, or powdered tobacco that is not intended to be smoked.
(Added by Ord. 329-87, App. 7/31/87)
SEC. 264.3. SMOKELESS TOBACCO WARNINGS.
Every person who sells, offers for sale, or keeps for sale, smokeless tobacco shall post at the point of retail sale, that is a place within close proximity of the shelves or other area where smokeless tobacco is displayed for consumer purchase, a conspicuous warning sign as provided in this section. Such sign shall be not less than eight inches by 11 inches in size and shall be printed on a contrasting background and in a legible manner, conveying the following warning:
"WARNING: SMOKELESS TOBACCO IS NOT A SAFE ALTERNATIVE TO CIGARETTES. IT IS ILLEGAL TO SELL, GIVE, OR IN ANY WAY FURNISH SMOKELESS TOBACCO, OR ANY OTHER TOBACCO PRODUCT, OR PARAPHERNALIA, TO A PERSON UNDER THE AGE OF 18 YEARS.
A VIOLATION OF THIS LAW IS A MISDEMEANOR."
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 medium-face or Universe 65 type.
(Added by Ord. 329-87, App. 7/31/87)
SEC. 264.4. PENALTIES AND ENFORCEMENT.
(a) The Director of Health shall enforce Section 264.3 against violations by serving notice requiring the correction of any violation within a reasonable time specified by the Director. Upon failure to comply with the notice within the time period specified, the Director shall call upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 264.3, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation.
(b) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with, or resists, or opposes the execution of Section 264.3, shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco, by the City Attorney, in any court of competent jurisdiction. Any penalty assessed and recovered in a civil action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco.
(c) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with, or who resists, or opposes the execution of any of the provisions of Section 264.3, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment, not exceeding six months, or by both such fine and imprisonment, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue.
(d) For a second or subsequent violation, any local retail business license of the business facility where the offense occurred shall be revoked by the licensing agency until the violator complies with Section 264.3.
(Added by Ord. 329-87, App. 7/31/87)
SEC. 265. POLICY.
It is the policy of the City and County of San Francisco to require every person who sells alcohol intended to be used as a beverage to post a conspicuous warning at the point of retail sale warning that drinking alcohol during pregnancy can cause birth defects.
(Added by Ord. 6-88, App. 1/7/88)
SEC. 265.1. FINDINGS.
Recent research indicates that alcohol consumption during pregnancy can have severe and adverse effects on the fetus, resulting in birth defects including growth retardation, facial abnormalities and congenital heart disease. Such adverse effects are known individually as Fetal Alcohol Effects and collectively as Fetal Alcohol Syndrome. Fetal Alcohol Syndrome is the leading preventable birth defect in infants, affecting brain, limb and motor reflex development for developing fetuses. These are irreversible birth defects. Public awareness of Fetal Alcohol Effects and Fetal Alcohol Syndrome is dangerously low. It is the policy of the City and County of San Francisco that the public should be informed that consumption of alcohol during pregnancy may be harmful to a fetus and may result in birth defects.
Therefore, the Board of Supervisors declares that it is in the public interest to require every person who sells alcohol intended to be used as a beverage to post a conspicuous warning at the point of retail sale as to the possible danger in consuming alcohol during pregnancy.
(Added by Ord. 6-88, App. 1/7/88)
SEC. 265.2. ALCOHOL CONSUMPTION WARNINGS.
(a) Every person who sells, offers for sale, or keeps for sale, alcohol intended to be used as a beverage shall post at the point of retail sale a warning as provided in this Section.
(b) Such sign shall be not less than 10 inches by 10 inches in size and shall be conspicuously displayed so as to be readable; except that for persons who sell, offer for sale, or keep for sale, alcohol intended to be used as a beverage in "mini-bars," which are small refrigerators which do not exceed 2 feet in height by 2 feet in width, the required warning signs at the point of retail sale shall be not less than 3 1/2 inches by 4 1/2 inches in size and shall be readable. The signs required for "mini-bars" shall be attached and secured by adhesive material to the inside door of the "mini-bars." Lettering thereon shall be not less than 3/8 inch in height and shall be printed on a contrasting background and in a legible manner, conveying the following warning:
"WARNING: DRINKING DISTILLED SPIRITS, BEER, COOLERS, WINE AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS"
(c) Where alcohol intended to be used as a beverage is sold, offered for sale or kept for sale to a substantial number of persons who use a language other than English as a primary language, an additional sign shall be worded in the primary language or languages involved and posted pursuant to Paragraph (b).
(Added by Ord. 6-88, App. 1/7/88; amended by Ord. 87-89, App. 3/29/89)
SEC. 265.3. PENALTIES AND ENFORCEMENT.
(a) The Director of Health shall enforce Section 265.2 against violations by serving notice requiring the correction of any violation within a reasonable time specified by the Director. Upon failure to comply with the notice within the time period specified, the Director shall call upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 265.2, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation.
(b) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the execution of Section 265.2, shall be liable for a civil penalty not to exceed $500 for each day such violation is committed or permitted to continue.
(c) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the execution of any of the provisions of Section 265.2 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $500, or by imprisonment, not exceeding six months or by both such fine and imprisonment, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue.
(d) For a second or subsequent violation, any local retail business license of the business facility where the offense occurred may be revoked by the licensing agency until the violator complies with Section 265.2.
(Added by Ord. 6-88, App. 1/7/88)
SEC. 266. REGISTRY FOR SENIOR AND DISABLED PERSONS WHO WISH TO BE CONTACTED IN THE EVENT OF A DISASTER.
The Department of Public Health shall establish and maintain a register identifying those persons who wish to be visited after a major earthquake or other disaster which poses a threat of injury to such persons. The persons eligible to register are those 65 years of age or older, those who are disabled, and those who employ or house persons who are eligible to register. A "disabled person" is one whose life functions have been significantly altered by their medical condition or disease, or who has any other significantly disabling physical, or mental condition including, but not limited to, a physical condition that significantly impairs his or her ability to move normally, a chronic illness that requires continuing medication to prevent a life-threatening disease, or a condition (such as heart disease) that could result in a serious medical problem in a disaster. Persons who wish to be included in the register shall provide their name, address, telephone number and the names, addresses and telephone numbers of any relatives, neighbors, or other persons who regularly communicate with the person registered and may be able to provide information as to that person's condition in the event of a disaster. In the event of a major earthquake or other disaster which poses a threat of injury to senior and disabled persons, the Department shall attempt to visit or otherwise communicate with registered persons in order to determine if they need medical or other assistance. The Department shall act as expeditiously as possible, taking into consideration the need to allocate resources to respond to the disaster. The Department shall provide notice to the public that registration is available by such means as the Department determines best suited to reach seniors and the disabled.
By adopting this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, not is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach approximately caused injury.
(Added by Ord. 259-90, App. 7/6/90)
SEC. 267. POLICY.
It is the policy of the City and County of San Francisco to require every person who sells condoms made of natural membrane (lambskin) intended to be used for disease or pregnancy prevention to post a conspicuous warning at the point of retail sale, display for purchase, or dispensing of condoms that latex condoms labeled for disease prevention provide greater protection against AIDS, Hepatitis B and Herpes viruses than do natural (lambskin) condoms.
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.1. FINDINGS.
Recent testing of natural membrane (lambskin) condoms revealed that this type of condom prevents the passage of sperm through the pores of the material, but some viruses and virus-sized particles pass through the barrier membrane. This research indicates that users cannot be assured that natural membrane condoms will be a barrier against all sexually transmitted diseases. Based on research conducted that studied the effectiveness of condoms made of latex and condoms made of natural membrane in preventing the transmission of sexually transmitted diseases, the Food and Drug Administration, of the Department of Health and Human Services, released an educational publication ("Condoms and Sexually Transmitted Disease," 1990) that states: "Tests have shown that latex condoms can prevent the passage of AIDS, hepatitis and herpes viruses but natural (lambskin) condoms may not do this."
Therefore, in order to serve the public health, safety and welfare, the Board of Supervisors declares that the purpose of Sections 267 through 267.6 of this Article is to educate the public by requiring that warning signs be placed at all locations where condoms made of natural membrane (lambskin) are sold to the public.
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.2. DUTY TO POST.
(a) Every person or entity who owns, operates, manages, leases or rents a premises or vending machine offering condoms made of natural membrane (lambskin) for sale, or dispensing for consideration, to the public, shall cause a sign or notice to be posted at one of the following points: the point of sale, display for purchase, distribution, or dispensing. Such notice shall be in English, Spanish, Chinese and Tagalog as provided in this section:
The sign or notice shall read:
"WARNING LATEX CONDOMS LABELLED FOR DISEASE PREVENTION PROVIDE GREATER PROTECTION AGAINST AIDS, HEPATITIS B AND HERPES VIRUSES THAN DO NATURAL (LAMBSKIN) CONDOMS. FOR MORE INFORMATION CALL 864-8100
AVISO LOS CONDONES DE LATEX CON ROTULOS DE PREVENCION DE ENFERMEDADES OFRENCEN UNA MAYOR PROTECCION CONTRA LOS VIRUS DEL SIDA, HEPATITIS B Y HERPES QUE LOS CONDONES NATURALES DE PIEL DE CORDERO. PARA MAS INFORMACION LLAME AL: 864-8100
GRAPHIC UNAVAILABLE: Click here
BABALA ANG CONDOM NA GAWA SA GOMA AY NAKAPAGBIBIGAY NG HIGIT NA PROTEKSYON LABAN SA AIDS VIRUS, HEPATITIS B, AT HERPES KAYSA SA CONDOM NA GAWA SA BALAT. PARA SA HIGIT NA IMPORMASYON, TUMAWAG SA 864-8100
(b) Such sign shall be not less than eight and one-half inches by 11 inches and shall be conspicuously displayed so as to be readable. The word "WARNING" shall not be less than one-half inch in height and shall be centered on a single line with no other text. The sentence "FOR MORE INFORMATION CALL 864-8100" shall be a separate paragraph centered immediately following the last sentence of the English warning and the same format shall be followed for the other languages.
(c) The required sign or notice shall be placed as follows:
(1) Where the sale, display for purchase, or dispensing of condoms made of natural membrane to the public occurs other than through the use of a vending machine, at least one sign shall be posted at one of the following points: point of retail sale, dispensing, or at the display for purchase, and shall be conspicuously displayed so as to be readable.
(2) Where the sale or dispensing of condoms made of natural membrane to the public occurs through the use of a vending machine, the sign or notice and the lettering thereon is not subject to the minimum width, height or length requirements of this Subsection (b) of this Section except at least one sign or notice shall be attached or affixed to the front of the vending machine to assure that it is readable by a person who is physically close enough to the vending machine to actually operate it.
(d) It is the intent of the Board of Supervisors in approving these provisions that the specified warning notices shall be provided by the Department of Public Health to facilitate compliance with the requirements.
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.3. VIOLATIONS AND PENALTIES.
Anyone, subject to the provision of Section 267.2 knowingly failing to post the required warning, is guilty of an infraction.
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.4. ENFORCEMENT.
In addition to any peace officer the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of Section 267.2:
Classification Number Class Title 6120 Environmental Health Inspector 6122 Senior Environmental Health Inspector 6124 Principal Environmental Health Inspector 6127 Assistant Director, Bureau of Environmental Health 6126 Director, Bureau of Environmental Health 8280 Environmental Control Officer
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.5. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
In undertaking the adoption and enforcement of Sections 267 through 267.5, the City is assuming an undertaking only to promote the general welfare. This Chapter is not intended to create any new rights for breach of which the City is liable in money damages to any person who claims that such breach proximately caused injury. This section shall not be construed to limit or proscribe any other existing rights or remedies possessed by such person.
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.6. SEVERABILITY.
If any part of this ordinance, or the application thereof, is held to be invalid, the remainder of this ordinance shall not be affected thereby, and this ordinance shall otherwise continue in full force and effect. To this end, the provisions of this ordinance, and each of them, are severable.
(Added by Ord. 381-91, App. 10/28/91)
SEC. 267.7. POLICY.
It is the policy of the City and County of San Francisco to require every person who sells personal lubricants intended to be used with condoms to post a conspicuous warning at the point of retail sale or display for purchase that lubricants containing oil or vegetable shortening used with a latex condom may damage the integrity of the condom, water-based lubricants are condom compatible, and lubricants containing nonoxynol-9 may decrease transmission of STD's and HIV when used with a condom.
(Added by Ord. 225-93, App. 7/16/93)
SEC. 267.8. FINDINGS.
Testing of short-term exposure to lubricants adjunctly applied to latex condoms concluded that oil-based personal lubricants have a significant deleterious effect on the strength of condoms. The U.S. Department of Health and Human Services, Public Health Service, issued a report ("Condoms for Prevention of Sexually Transmitted Diseases," 1988) that recommends that only water-based lubricants should be used with a condom. Petroleum- or oil-based lubricants (such as petroleum jelly, cooking oils, shortening, and lotions) should not be used since they weaken the latex. This report indicates that use of oil-based lubricants that weaken latex may contribute to the failure of condoms to protect against STD. The effect of oil-based lubricants on condom performance was tested by CONSUMER REPORTS by using oil-based lubricants in airburst testing. In this test, at least half of the samples of each condom failed.
Therefore, in order to serve the public health, safety and welfare, the Board of Supervisors declares that the purpose of this Article is to educate the public by requiring that warning signs about oil-based lubricants be placed at all locations where personal lubricants are sold to the public.
(Added by Ord. 225-93, App. 7/16/93)
SEC. 267.9. DUTY TO POST.
(a) Every person or entity who owns, operates, manages, leases or rents a premises offering personal lubricants for sale to the public shall cause a sign or notice to be posted at the point of sale or display for purchase. Such notice shall be in English, Spanish, Chinese and Tagalog as provided in this Section.
The sign or notice shall read:
"CAUTION CHECK THE LABEL BEFORE YOU BUY. USE ONLY WATER-BASED LUBRICANTS WITH A CONDOM. STUDIES SHOW CONDOMS BREAK IF USED WITH LUBRICANTS CONTAINING OIL OR VEGETABLE SHORTENING. For More Information Call: ________"
(b) Such sign shall be not less than eight and one-half inches by eleven inches and shall be conspicuously displayed so as to be readable. The word "CAUTION" shall not be less than one-half inch in height and shall be centered on a single line with no other text. The sentence "For More Information Call ________" shall be a separate paragraph centered immediately following the last sentence of the English warning and the same format shall be followed for the other languages.
(c) The required sign or notice shall be placed as follows: At least one sign shall be posted where the sale or display for purchase of personal lubricants to the public occurs and shall be conspicuously displayed so as to be readable.
(d) It is the intent of the Board of Supervisors in approving these provisions that the specified warning notices shall be provided by the Department of Public Health within 30 days of the effective date of this ordinance to facilitate compliance with the requirements.
(Added by Ord. 225-93, App. 7/16/93)
SEC. 267.10. VIOLATIONS AND PENALTIES.
Anyone, subject to the provision of Section 267.9 knowingly failing to post the required warning, is guilty of an infraction.
(Added by Ord. 225-93, App. 7/16/93)
SEC. 267.11. ENFORCEMENT.
In addition to any peace officer the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of Section 267.9:
Classification Number Class Title 6120 Environmental Health Inspector 6122 Senior Environmental Health Inspector 6124 Principal Environmental Health Inspector 6127 Assistant Director, Bureau of Environmental Health 6126 Director, Bureau of Environmental Health 8280 Environmental Control Officer 2806 Disease Control Investigator 2808 Senior Disease Control Investigator