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ARTICLE 20: ALKYL NITRITES
Sec. 1010. Purpose and Findings.
Sec. 1011. Definitions.
Sec. 1012. Sale and Display of Alkyl Nitrite Products to Minors Prohibited.
Sec. 1013. Warning Required at Point of Sale.
Sec. 1013.1. Exemption.
Sec. 1014. Use Prohibited in Public Places.
Sec. 1015. Misdemeanor Penalty.
Sec. 1016. Severability.
SEC. 1010. PURPOSE AND FINDINGS.
The Board of Supervisors hereby finds:
(a) Alkyl nitrite products 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) The 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 Center 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 County of San Francisco, 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) The Bureau of Communicable Disease Control of the Department of Public Health has prepared a report on the medical aspects of volatile alkyl nitrites and their relationship with AIDS. This report concludes that volatile alkyl nitrites are hazardous substances on toxicologic grounds alone and that there is epidemiologic evidence which associates moderate and heavy alkyl nitrite use with the development of Kaposi's sarcoma which is one of the principal manifestations of AIDS.
(g) This ordinance is necessary in order to discourage the abuse of products containing alkyl nitrites within the City and County of San Francisco.
(Amended by Ord. 200-86, App. 6/6/86)
SEC. 1011. DEFINITIONS.
(a) "Alkyl nitrite" means any volatile alkyl nitrite compound, including, but not limited to, amyl nitrite, butyl nitrite and iso-butyl nitrite.
(b) "Alkyl nitrite product" means 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.
(c) "Business" means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
(d) "Display" means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
(e) "Patron" means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
(f) "Person" means a natural person or any firm, partnership, association, corporation or cooperative association.
(Amended by Ord. 200-86, App. 6/6/86)
SEC. 1012. SALE AND DISPLAY OF ALKYL NITRITE PRODUCTS TO MINORS PROHIBITED.
(a) No owner, manager, proprietor 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, may allow or permit any person under the age of 18 years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.
(b) A person under the age of 18 years may not be in, remain in, enter or visit any room in any place used for the sale, or displaying for sale, of devices or products containing alkyl nitrites, other than prescription drugs, unless such person is accompanied by one of his or her parents, or by his or her legal guardian.
(c) A person may not maintain a display for the sale of, or the offering to sell, devices or products containing alkyl nitrites, other than prescription drugs and devices to inhale, ingest or inject prescription drugs, in any place or business to which the public is invited unless such display is within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall have a sign posted in reasonably visible and legible words to the effect that alkyl nitrite products are being offered for sale in such a room, and minors, unless accompanied by a parent or legal guardian, are excluded.
(Amended by Ord. 200-86, App. 6/6/86)
SEC. 1013. WARNING REQUIRED AT POINT OF SALE.
All owners, managers, proprietors in charge of any room in any place or 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 at eye level, between five and six feet from the floor, and adjacent to any alkyl nitrite product offered for sale. Such sign shall be not 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 nitrite may be harmful to your health. The use of alkyl nitrites may affect the immune system. Several studies have suggested that their use is associated with the development of Kaposi's sarcoma (an AIDS condition)."
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.
(Amended by Ord. 200-86, App. 6/6/86)
SEC. 1013.1. EXEMPTION.
Sections 1012 and 1013 shall not apply to any of the following:
(a) Any pharmacist or other authorized person who sells or furnishes alkyl nitrite products described in Section 1011(b) above upon the prescription of a physician, dentist, podiatrist or veterinarian.
(b) Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes alkyl nitrite products described in Section 1011(b) above 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 described in Section 1011(b) above.
(Amended by Ord. 200-86, App. 6/6/86)
SEC. 1014. USE PROHIBITED IN PUBLIC PLACES.
No person shall use, or cause to be used, an alkyl nitrite product in a place of public accommodation or amusement or on public property. Any alkyl nitrite product in a place of public accommodation or amusement or on public property that is uncapped or otherwise emitting alkyl nitrite vapors into the air shall be deemed to be in use.