[HISTORY: Adopted by the Rockland County Legislature 6-3-2003
by L.L. No. 8-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Health clubs — See Ch. 283.
A.
Findings.
(1)
The Legislature of Rockland County finds and determines
that on September 4, 2001, the Public Citizen Health Research Group petitioned
the federal government to ban dietary supplements containing ephedra, a herbal
stimulant that has been linked to heart attacks, strokes and seizures in otherwise
healthy people, which request is now supported by the American Medical Association.
(2)
FDA reports have been identified showing 81 ephreda-related
deaths and 1,398 adverse reactions to ephedra alkaloid.
(3)
The Canadian entity "Health Canada," the equivalent of
the Department of Health and Human Services, issued a public advisory warning
consumers not to use products containing ephedra.
(4)
Currently dietary supplements are exempt from pre-market
safety testing required for over-the-counter drugs under federal law.
(5)
It has been reported that heart attack, stroke, seizures,
hepatitis, psychosis, death, dizziness, headaches and gastrointestinal distress
are the result of taking this amphetamine-like chemical. The Legislature hereby
finds and determines that the FDA previously issued warnings regarding the
dangers of these type of pills. The contents of such pills, namely ephedrine
alkaloids, ephedra, or ma huang, may also be found in other medications that
are critical in the treatment of allergy and asthma attacks.
(6)
On August 16, 2002, in a Wall Street Journal article,
that Metabolife International, Inc., the nation's leading maker of ephedra
dietary products, failed to disclose 13,000 reports of complaints by consumers
involving the adverse side effects from use of ephedrine, including 80 deaths
and 100 to 200 hospitalizations, even though its President, Michael Ellis,
told the FDA in 1998 that the company "never received one notice from a consumer
that any serious adverse health effects had occurred because of the ingestion
of Metabolife 356."
B.
Therefore, the purpose of this chapter is to ban the
sale of all dietary supplements containing ephedrine alkaloids in the County
of Rockland, regardless of the age of the purchaser, in order to protect the
health and public safety of Rockland County residents.
As used in this chapter, the following terms shall have the meanings
indicated:
Any governmental unit that is empowered to issue appearance tickets
for criminal violations returnable in a court of competent jurisdiction, including
but not limited to police department, sheriff patrol and the Rockland County
Health Department Inspectors.
Herbs and herbal products that contain ephedrine alkaloids, including
ma huang, Chinese Ephedra, Ephedra sinica, Ephedra herb powder, epitonin or
any extract thereof, but shall not include any state-licensed professional
medically prescribed drug or compounds medically prescribed which contain
ephedrine and which are lawfully sold, transferred, or furnished over-the-counter
without a prescription pursuant to the federal Food, Drug, and Cosmetic Act
(21 U.S.C. Section 301 et seq.) or regulations adopted hereunder.
Any natural person, individual, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other entity or business organization of any kind.
No person shall sell or offer for sale any dietary supplements that
contain ephedra or ephedrine alkaloids to any person in the County of Rockland.
A.
Any person who intentionally violates any provision of this chapter shall be issued a written warning for a first-time violation by the enforcing agency. The enforcing agency shall maintain a copy of the written notice referred to herein, which notice shall cite this chapter and its prohibition is set forth in § 254-3.
A.
This chapter shall apply to any sale of any dietary supplements
containing ephedra or ephedrine alkaloids to any person within the County
of Rockland occurring on or after the effective date of this chapter.
B.
This chapter shall not apply to the sale of any product
that receives explicit Federal Drug Administration approval.
