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Sample Legislation: Sale of Ephedra Products To Minors

Sale of Ephedra Products To Minors

Ephedra (or ephedrine-containing products such as ma huang) can have serious side effects, including permanent disability and death (see also Ephedra Information Resources). These products are often marketed towards youth and athletes. A few states have outlawed the sale of ephedra products to minors. Similar attempts have been made at the federal level, but without success. Recently, a municipality has adopted an ordinance to restrict sale of ephedra products to minors. Furthermore, this legislation states that ephedra products may not be sold or advertised in the vicinity of schools, parks and playgrounds. If your municipality is located in a state that does not have comparable restrictions and you are interested in reviewing this type of legislation, the following example may be helpful to you.

Sample Ordinance:

Huntington, T. NY: Ch. 28

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Huntington, T. NY:

Chapter 28

EPHEDRA PRODUCTS


[HISTORY: Adopted by the Town Board of the Town of Huntington 10-15-2002 by L.L. No. 56-2002. Amendments noted where applicable.]

§ 28-1. Legislative intent.

  1. 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.

     

  2. 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.

§ 28-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

 

DIETARY SUPPLEMENT — Any product defined as dietary supplements pursuant to the Federal Dietary Supplement Health and Education Act, 21 U.S.C. § 321, as amended.

EPHEDRA PRODUCTS — 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.

MINOR — Any person under the age of eighteen (18) years of age.

§ 28-3. Restrictions on sale, transfer and distribution.

 

  1. No person or merchant shall sell, offer to sell, cause to be sold, distribute or transfer any ephedra product to a minor.

     

  2. 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.

     

  3. 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.

§ 28-4. Restrictions on advertisements and display.

 

  1. 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:

    (1) Five hundred (500) feet of any public school excluding institutions of higher learning, colleges and universities.

    (2) Five hundred (500) feet of any public park or playground.

  2. 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.

§ 28-5. Enforcement and penalties.

  1. 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.

     

  2. 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.

 

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