A.
Notices will be posted that no person, either directly or indirectly by an agent or employee, shall sell or offer to sell to a person under eighteen (18) years of age any product containing dextromethorphan. Upon notification of the sale of any product containing dextromethorphan the Orange Health Department will inspect any business or establishment and report any violators of this section.
B.
The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to Subsection A of this section:
(1)
That the sale of the product was made in good faith, relying upon the production of the identification driver's license or non driver's identification card or the appearance of the purchaser, and in the reasonable belief that the purchaser was of legal age to make the purchase.
C.
A person who violates the provisions of Subsection A of this section, including an employee of a retail establishment who actually sells a product containing dextromethorphan to a person under eighteen (18) years of age, shall be liable to a civil penalty of not more than seven hundred fifty dollars ($750.). In the case of a retail establishment that is part of a chain with two (2) or more locations in the State, the violation shall be assessed against the particular retail establishment and not the chain. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), in a summary proceeding before the City of Orange Township Municipal Court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of Subsection A of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
D.
The provisions of this section shall not apply to any prescription medication containing dextromethorphan that is dispensed by a pharmacist pursuant to a valid prescription.