In furtherance of its responsibility to protect the health, safety and welfare of the residents of Westchester County, the Board of Legislators hereby enacts this law banning the sale of dietary supplements containing ephedra.

The Legislature of the County of Westchester hereby finds that (1) ephedra is an amphetamine-like stimulant that can have potentially dangerous effects on the nervous system and heart, ranging from dizziness, headache, gastrointestinal distress, irregular heartbeat and heart palpitations to heart attack, stroke seizures, psychosis and even death; and (2) ephedra, which is easily accessible and is purported to produce various side effects such as euphoria, has become a popular alternative to illegal street drugs among young people. Accordingly, the Board of  Legislators finds that the sale dietary supplements containing ephedra in Westchester County should be prohibited. The County Department of Weights and Measures, in order to assist merchants in fulfilling their obligations under this law, shall endeavor to provide merchants with a regular up-to-date listing of dietary supplements containing ephedra. However, the county's endeavor to provide this listing shall neither relieve persons or merchants of their obligations under the law nor provide an affirmative defense to any violations under the law.

863.902. Definitions.

1.   "Dietary supplement" means those products defined as dietary supplements pursuant to the federal dietary Supplement Health and Education Act, 21 U. S. C. 321 as amended.

2.  "Ephedra" means any natural or synthetic form of ephedrine including, but not limited to, ma huang, Chinese ephreda, ephreda, ephreda sinica, ephreda herb powder, epitonin or any extract thereof, or associated alkaloids, including but not limited to, pseudoephedrine, norephedrine, and N-methylephedrine, but shall not include any drug which contains ephedrine and which is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 U. S. C. 301 et seq.) or regulations adopted thereunder, or any product which contains ephedrine which is dispensed upon the prescription of a physician or other person legally authorized to issue such prescription.

863.903. Restrictions on the Sale of Dietary Supplements Containing Ephedra.

No person or merchant in Westchester County shall sell or cause to be sold any dietary supplement that contains any quantity of ephedra.

863.904. Enforcement and Penalties.

For the first violation of this provisions of this Article, a notice of violation shall be issued to the offending party. A notice of violation shall likewise be issued for a second violation of the provisions of this Article. For the third and succeeding violations, a civil penalty not exceeding one hundred and fifty dollars ($150.) shall be imposed for each single violation. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge against him or her has had an opportunity to be heard.

863.905. Separability.

If any section, subsection, sentence, clause, phrase or portion of this local law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

This local law shall take effect ninety (90) days after its enactment.