a. Alkyl
nitrite products commonly known as "poppers" are held out for retail
sale as "room odorizers" or "room incenses," but purchasers commonly
use them as inhalants to induce certain physical responses.
b. The
Federal Food, Drug and Cosmetic Act, enforced by the Federal Food
and Drug Administration (FDA), regulates the manufacture and sale
of, inter alia, drugs and devices intended to affect
the structure or any function of the human body. The FDA does not
regulate room odorizers since they purportedly function as a general
air incense and are not intended to affect the structure or any function
of the human body. The Sherman Food, Drug and Cosmetic Law of California
is based on the federal act and also does not regulate room odorizers
containing alkyl nitrites. Therefore, these room odorizers are not
currently subject to regulation by federal, state or local drug control
agencies.
c. Manufacturers
and distributors are advertising alkyl nitrite products as safe, thus
causing users of such products to believe that they can be inhaled
without any harmful effects. These representations are contrary to
the opinion of the United States Consumer Product Safety Commission
which has issued regulations requiring that consumer products containing
alkyl nitrites be labeled to caution against inhaling, since the substance
may be harmful to a person's health, and to statements by the FDA
and the Centers for Disease Control warning about possible adverse
effects from ingesting or inhaling alkyl nitrites.
d. The
proliferation of the display of alkyl nitrite products in retail stores
within the city and the distribution of such products without proper
warnings, exacerbates problems attending the abuse of alkyl nitrite
products within this community.
e. The
problems caused by inhaling alkyl nitrites are as yet not completely
understood, but there are indications that they may be carcinogenic
and also may impair the immune system. Hence, steps must be taken
to stop the encouragement of the abuse of alkyl nitrite products as
inhalants fostered by their unregulated display and sale.
f. This
chapter is necessary in order to discourage the abuse of products
containing alkyl nitrites within the city and is for the protection
of the health and welfare of the residents of the city.
(Prior code § 5400; Ord. 86-111 § 1, 1986)
As used in this chapter:
"Alkyl nitrite"
shall mean any volatile alkyl nitrite compound, including,
but not limited to, amyl nitrite, isoamyl nitrite, butyl nitrite and
isobutyl nitrite.
"Alkyl nitrite product"
shall mean all products of any kind, sold at retail, containing
an alkyl nitrite, whether or not such product is intended for use
or designed for use in injecting, ingesting, inhaling, or otherwise
introducing alkyl nitrite into the human body. "Alkyl nitrite products"
include, but are not limited to, products containing alkyl nitrites
and intended for use or designed for use as a room odorizer or incense.
"Business"
shall mean a fixed location, whether indoors or outdoors,
at which merchandise is offered for sale at retail.
"Display"
shall mean to show to a patron or place in a manner so as
to be available for viewing or inspection by a patron.
"Patron"
shall mean a person who enters a business for the purpose
of purchasing, or viewing as a shopper, merchandise offered for sale
at the business.
"Person"
shall mean a natural person or any firm, partnership, association,
corporation or cooperative association.
(Prior code § 5401; Ord. 86-111 § 1, 1986)
All owners, managers, proprietors in charge of any room in any
place of business selling, or displaying for the purpose of sale,
any device or product containing alkyl nitrites other than prescription
drugs and devices to inhale, ingest or inject prescription drugs,
shall post a warning sign immediately adjacent to any alkyl nitrite
product offered for sale and which shall be clearly visible to the
patron at the point of sale. Such sign shall not be less than eight
inches by eleven inches in size and shall be printed on a contrasting
background and in a legible manner conveying the following warning:
WARNING
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These products contain alkyl nitrites ("Poppers"). Inhaling
or swallowing alkyl nitrites may be harmful to your health. These
chemicals can cause skin rashes, nasal irritation, sinus or lung infections,
and rarely, severe anemia. Inhaling concentrated alkyl nitrite vapors
may cause you to faint and could be very dangerous if you have a hidden
heart disease.
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Whether continued inhalation of alkyl nitrites may affect the
immune system is not known, but several different studies have suggested
that some impairment of the immune system is possible.
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The word "WARNING" shall be in a print of 84 point height and
Helvetica type and the remainder of the text in a print of 24 point
height and in Helvetica medium-face, Futura medium-face or Univers
65 type.
(Prior code § 5402; Ord. 86-111 § 1, 1986)
This chapter shall not apply to any of the following:
a. Any
pharmacist or other authorized person who sells or furnishes alkyl
nitrite products upon the prescription of a physician, dentist, podiatrist
or veterinarian.
b. Any
physician, dentist, podiatrist or veterinarian who furnishes or prescribes
alkyl nitrite products to his or her patients.
c. Any
manufacturer, wholesaler or retailer licensed by the California State
Board of Pharmacy to sell or transfer alkyl nitrite products.
(Prior code § 5403; Ord. 86-111 § 1, 1986)