[Adopted 6-8-2010 by L.L. No. 31-2010 (Ch. 407A, Art. III,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that aerosol dusting
products, commonly known as "canned air," are intended to clean computers
and other electronic devices.
B.
This Legislature also finds and determines that while these products
are sold as canned air, they are actually comprised of various gases
that are compressed into liquid and evaporate before they leave the
canister.
C.
This Legislature further finds and determines that these products
are now being abused, particularly by minors.
D.
This Legislature finds that, when inhaled, these products can produce
a short-term "high," characterized by a sense of euphoria and dizziness,
by cutting off the flow of oxygen to the brain.
E.
This Legislature determines that inhaling these products can cause
damage to the kidneys, liver, heart, and brain or result in paralysis,
permanent brain damage or cardiac arrest.
F.
This Legislature also finds that, in addition to the internal damage
caused by inhaling these products, users are also susceptible to "sudden
sniffing death," which occurs when the hydrocarbons in these products
provoke irregular heart rhythms, leading to sudden fatal cardiac arrest,
usually within seconds of inhalation.
G.
This Legislature further finds that sudden sniffing deaths associated
with the use of canned air products can occur at any time during their
use and with no warning.
H.
This Legislature also determines that many states and local governments
have passed legislation restricting the age of individuals who can
purchase aerosol dusting products as a means to deter young people
from engaging in this dangerous activity.
I.
This Legislature further determines that Suffolk County needs to
protect the health and welfare of its young residents by restricting
their ability to purchase aerosol dusting products.
J.
Therefore, the purpose of this article is to prohibit the sale of
aerosol dusting products to minors in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any product used for cleaning purposes that is made of compressed
liquid gases, including, but not limited to, difluoroethane, trifluoroethane,
tetrafluoroethane, or hydrocarbons, which are expelled when a trigger
is pulled.
Any person under the age of 18.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity of business of any kind.
No person located within the County of Suffolk shall sell or
offer for sale at retail any aerosol dusting product to any minor
or knowingly sell or offer for sale at retail any aerosol dusting
product to any minor making the purchase from within the County of
Suffolk.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II, §§ 760-202 through 760-220, of the Suffolk County Sanitary Code.
The Commissioner of the Suffolk County Department of Health
Services is hereby authorized and empowered to promulgate such rules
and regulations as he or she deems necessary to implement this article.
Any person who knowingly violates the provisions of this article
shall be subject to a civil penalty of $500 for an initial violation
of the article and a penalty of $1,000 for each subsequent violation.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to filing in the office of the Secretary of State.
