[HISTORY: Adopted by the Town Board of the Town of Huntington 10-15-2002
by L.L. No. 56-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising; distribution of circulars — See Ch. 73.
A.
The Town Board hereby finds and declares that ephedra
products pose a dangerous risk to the health, welfare and safety of minors
having potentially dangerous effects such as heart palpitations, heart attack,
stroke, headache, psychosis, gastrointestinal distress, and death, and as
such should not be sold to this segment of the community.
B.
The Town Board further finds that the ban of the sale
of ephedra products should only apply to minors because a large contingent
of this population is uninformed as to the risks and dangers inherent in consuming
such products.
As used in this chapter, the following terms shall have the meanings
indicated:
Any product defined as dietary supplements pursuant to the Federal
Dietary Supplement Health and Education Act, 21 U.S.C. § 321, as
amended.
Any herbal dietary supplement, drug, product or extract containing
any natural or synthetic form of the chemical ephedrine, commonly referred
to as, but not limited to, Chinese ephedra, ephedra extract, ephedra alkaloids,
ephedra herb powder, ephedra sinica, epitonin, Ma Huanga "Black Beauty," "Yellow
Jackets," "All Nite Long," "Horny Goat Weed" or any compound or derivation
which contains ephedrine sold, transferred, or furnished either over the counter
or privately without a prescription from a licensed physician.
Any person under the age of eighteen (18) years of age.
A.
No person or merchant shall sell, offer to sell, cause
to be sold, distribute or transfer any ephedra product to a minor.
B.
All persons or merchants displaying or maintaining ephedra
products for sale, transfer or distribution shall keep or maintain such ephedra
products behind the counter outside the reach of minors.
C.
No person or merchant shall sell any ephedra product
to an individual until they have verified the age of that individual through
proper identification means, including but not limited to driver's license,
birth certificate or any official identification issued by federal, state
or local authorities containing a date of birth.
A.
No person shall offer, distribute or display advertisements
for ephedra products within their place of business or any windows, if their
place of business is within:
B.
No person shall adhere or affix any displays or advertisements
for ephedra products upon any billboard sign, mobile advertising device, streetlight,
advertising kiosk or any other advertising medium visible from any public
park or playground.
A.
Any person, corporation or business who violates § 28-3 of this chapter shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months. For subsequent violations of § 28-3, the fine shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) or imprisonment for not more than six months for each subsequent offense.
B.
Any person, corporation or business who violates any provision except § 28-3 of this chapter shall be deemed guilty of a violation, punishable by a fine of not more than two hundred fifty dollars ($250) or imprisonment for not more than fifteen (15) days for the first offense. For subsequent violations of any provision of this chapter, except violations of § 28-3, the fine shall not be less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) or imprisonment for not more than fifteen (15) days for each subsequent offense.
