[HISTORY: Adopted by the Rockland County Legislature 6-5-2007
by L.L. No. 11-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Drug paraphernalia — See Ch. 235.
Ephedra products — See Ch. 254.
Products containing prohormones and precursors to hormones — See Ch. 328.
[1]
Editor's Note: This local law was vetoed by the County Executive,
which veto was overridden 8-7-2007 by Res. No. 425-2007.
This chapter shall be known as "the Rockland County Methamphetamine
Shield Act."
A.
This Legislature finds that there exists a real threat
to the health, safety, and welfare of all Rockland County residents from the
potential scourge of methamphetamine production and use in Rockland County
and the surrounding areas.
B.
This Legislature further finds that the dangers from
the production and use of methamphetamine are real and well-documented, leading
the United States government to pass a law, known as the "Combat Methamphetamine
Epidemic Act of 2005," limiting purchases of those materials, commonly referred
to as "precursors," that may be used to manufacture methamphetamine. In addition,
the act mandates that retailers selling such precursors must keep for two
years a log of all purchasers of methamphetamine precursors. These logs must
include identifying information about all such purchasers, who are required
to show some form of legal identification prior to completing any such purchase.
C.
This Legislature further finds that while this law is
an important tool to combat the growing threat of methamphetamine manufacture
and use, it does not go far enough in that the logbook information is not
gathered into one centralized point for use by law enforcement. Additionally,
there is no standardized logbook form for the various establishments to use,
potentially making law enforcement investigations that much more difficult.
D.
This chapter will mandate that all establishments keeping
logbooks pursuant to the federal law will be additionally required to forward
those logbooks to the Rockland County Sheriff. This chapter will also create
a standardized logbook form for all Rockland establishments to use in complying
with the federal and local legislation.
E.
The Legislature finds, therefore, that this chapter will
protect and promote the public health, safety and welfare of all residents
in Rockland County.
As used in this chapter, the following terms shall have the meanings
indicated:
A product that:
Ephedrine, pseudoephedrine, or phenylpropanolamine and includes each
of the salts, optical isomers, and salts of optical isomers of such chemical.
A retail distributor within the jurisdiction of the federal law (including
a pharmacy or a mobile retail vendor), except that such term does not include
an employee or agent of such distributor.
A person or entity who or which makes sales at retail from a stand
that is intended to be temporary, or is capable of being moved from one location
to another, whether the stand is located within or on the premises of a fixed
facility (such as a kiosk at a shopping center or an airport) or whether the
stand is located on unimproved real estate (such as a lot or field leased
for retail purposes).
With respect to the sale or purchase of a scheduled listed chemical
product, a sale or purchase for personal use, respectively.
A grocery store, general merchandise store, drug store, or other
entity or person whose activities as a distributor relating to pseudoephedrine
or phenylpropanolamine products are limited almost exclusively to sales for
personal use, both in number of sales and volume of sales, either directly
to walk-in customers or in face-to-face transactions by direct sales.
A written or electronic list of sales as mandated by federal law,
but in no event less than the following information: i) product by name; ii)
quantity sold; iii) names and addresses of purchasers; iv) date and time of
sales; v) relevant information from identification presented pursuant to federal
law sufficient to identify the purchaser.
Every regulated seller shall, on at least a monthly basis, forward a
copy of the logbook of all scheduled listed chemical product precursor materials
sales at retail kept pursuant to federal law to the Rockland County Sheriff
for use in ongoing investigations and for other lawful law enforcement purposes.
The first violation of § 301-4 of this chapter shall be a violation punishable by a fine of $250. A second violation within two years of the first date of violation shall be a Class B misdemeanor, punishable by a fine of $500 and imprisonment of up to 90 days in jail. A third and subsequent violation within two years of the first date of violation shall be a Class A misdemeanor, punishable by between $750 and $1,000 and up to one year in jail.
A.
The Rockland County Sheriff or his designee is hereby
directed to create a standardized logbook form that regulated sellers shall
use to comply with this chapter. Such logbook shall be prepared in conjunction
with the Department of General Services — MIS in order to implement
the policy determination that such logbooks should be in electronic form for
ease of use for law enforcement purposes.
B.
The Rockland County Sheriff is charged with reviewing
said logbooks for law enforcement purposes.
