As used in this article, the following terms shall have the
meanings indicated:
MINOR
Any person under the age of 19 years.
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
No person located within the County of Suffolk shall sell or
offer for sale to any minor any cold medicine or cough suppressant
that contains Dextromethorphan, or knowingly sell or offer for sale
to any minor making the purchase from within the County of Suffolk
any cold medicine or cough suppressant that contains Dextromethorphan.
Any person who intentionally violates any provision of this
article shall be guilty of a violation punishable by a fine not to
exceed $250 for the first offense and not to exceed $500 for a second
offense. Any subsequent offenses shall be punishable by a fine not
to exceed $750.
The Suffolk County Department of Health Services shall promulgate
such rules and regulations as it deems necessary and appropriate for
the implementation and enforcement of any provisions of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
This article shall apply to any sale or any action prohibited
by this article occurring on or after the effective date of this article.