[Adopted 8-16-1988 by L.L. No. 26-1988 (Ch. 214, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds that the relationship between the use
of alcohol and a variety of medical problems arising in both pregnant
women and developing fetuses has been clearly established over the
past decade.
B.
This Legislature further finds and determines that a vigorous public
informational and medical professional training program has heightened
the public's awareness of the relationship between drinking during
pregnancy and birth defects known as "Fetal Alcohol Syndrome (FAS)."
C.
This Legislature also determines that FAS, which involves low birth
weight and physical deformities, constitutes the third leading cause
of birth defects, including mental retardation and Down's Syndrome.
D.
This Legislature determines that FAS occurs in approximately one
to three per 1,000 live births amongst the general population and
approximately 23 to 29 per 1,000 live births among women who use alcohol
extensively.
E.
Therefore, the purpose of this article is to provide warning information
to substantially increase public awareness of the dangers of alcohol-related
birth defects through the conspicuous display of appropriate warning
posters in retail food establishments located within the County of
Suffolk in furtherance of the County's responsibility to protect
the public safety, health and general welfare of its residents, including
unborn children.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Health
Services.
All sales outlets, stores, shops or other places of business
located and/or doing business within the County of Suffolk, which
operate primarily to sell or convey foods and/or beer, wine or liquor
directly to the ultimate consumer. "Retail food establishment" shall
include, but not be limited to, any place where food and/or beer,
wine or liquor is prepared, mixed, cooked, baked, smoked, preserved,
bottled, packaged, handled, stored, manufactured and sold or offered
for sale, including but not limited to any fixed or mobile restaurant;
coffee shop; cafeteria, short-order cafe; delicatessen; luncheonette,
grill; sandwich shop; soda fountain; tavern; bar; liquor store; cocktail
lounge; nightclub; roadside stand; take-out prepared food place; industrial
feeding establishment; catering kitchen; commissary; grocery store;
public food market; food stand; or similar place in which food, drink
and/or beer, wine or liquor is prepared for sale, consumption or for
service on the premises or elsewhere; and any other establishment
or operation where food and/or beer, wine or alcohol is processed,
prepared, stored, served or provided to the public for charge or as
determined by the Commissioner.
[Amended 12-13-1988 by L.L. No. 1-1989]
Retail food establishments located and/or doing business within
the County of Suffolk shall post on their premises a sign or poster
with conspicuous lettering at major entrances thereto containing all
capital letters not less than two inches in height on a contrasting
background stating: "WARNING: CONSUMING ALCOHOL MAY CAUSE BIRTH DEFECTS."
The Commissioner is hereby authorized and empowered to issue
and promulgate such rules and regulations as he shall deem necessary
to implement the provisions of this article.
