[HISTORY: Adopted by the County Legislature of Rockland County 7-1-2003
by L.L. No. 9-2003. Amendments noted where applicable.]
A.
The Legislature of Rockland County finds and determines
that a 1999 Journal of the American Medical Association study found that androstenedione
("Andro"), a prohomone precursor to testosterone, raised the levels of estrogens,
female hormones, in men, a contributor to heart and pancreas problems. In
addition, Andro caused a reduction in HDL cholesterol, the "good" cholesterol,
and an increase in LDL cholesterol, the "bad" cholesterol, both indicators
of heart and stroke problems.
(1)
A study conducted in 2000 by Massachusetts General Hospital
found that a three-hundred-milligram daily dose of Andro increases blood testosterone
levels in healthy young men, and also showed increased levels of estrogens,
which could lead to health problems and stunted growth.
(2)
The Blue Cross and Blue Shield Association's Healthy
Competition Program called in 2000 for a ban of over-the-counter sales of
Andro based on evidence that it could be harmful to health.
(3)
One Web site selling fifty-milligram Andro pills stated
a daily dose of one pill per day, and warned that taking higher doses could
"result in the following: heart attack, stroke, seizure or death."
(4)
Another Web site described Andro as "a direct precursor
and metabolite of the hormone testosterone" and that Andro and testosterone
"convert back and forth to each other" through an enzyme in the human body.
The Web site offers these products for sale, then warns that prohormones such
as Andro "are not for use by children, teenagers, pregnant or nursing women."
It also warns of the potential for stunted growth.
B.
Meanwhile, it is apparent that our young people are taking
Andro in amounts that far exceed 50 milligrams per day; in fact, reports state
that youngsters are consuming this substance at a rate exceeding 1,000 milligrams
per day.
C.
Andro is but one example of prohormones or precursors
to hormones that may cause serious injury or death to our young people. Many
Web sites advertise other substances that will raise the level of testosterone
or its precursors in the body.
D.
Currently, dietary supplements containing such prohormones
or precursors to hormones are exempt from premarket safety testing required
for over-the-counter drugs under federal law.
E.
It is apparent that something must be done to prevent
the sale of all prohormones and precursors to hormones to our young people
without a valid prescription from a health care professional in order to protect
them from the dangers of these substances. To date, there remains no federal
or state legislation in effect to prevent these sales, although bills have
been introduced at both levels of government to this effect.
F.
Therefore, the purpose of this chapter is to ban the
sale in the County of Rockland of all prohormones or precursors to hormones
without a prescription from a health care professional to anyone under the
age of 18, in order to protect the health and public safety of young 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 the Police Department and the Sheriff patrol.
Any natural person, or any corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other entity or business organization of any kind.
Any person under the age of 18, or any corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint stock
association, or other entity or business organization of any kind under the
ownership or control of a person under the age of 18.
Any product containing an immediate chemical precursor of an anabolic
steroid that has been scheduled as a substance that is a controlled substance
as defined in the Penal Law or Federal Criminal Code that is either a metabolite
of a scheduled anabolic steroid or is transformed in the body directly into
a scheduled anabolic steroid or the metabolite of a scheduled anabolic steroid.
To sell, exchange, give or dispose of to another, or to offer or
agree to do the same, without a prescription from a health care practitioner
as defined in New York Public Health Law § 3302(29).
No person shall sell any dietary supplements or any other products that
contain prohormones or precursors to hormones to any person under the age
of 18 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 as set forth in § 328-3.
B.
Any person who intentionally violates any provision of § 328-3 of this chapter after a written warning referred to in Subsection A shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $5,000 for any second and all subsequent violations. Each such violation shall constitute a separate and distinct offense.
A.
This chapter shall apply to any sale of any dietary supplements
containing a prohormone or a precursor to any hormone to any person under
the age of 18 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.
