SEC. 267. POLICY.

   It is the policy of the City and County of San Francisco to require every person who sells condoms made of natural membrane (lambskin) intended to be used for disease or pregnancy prevention to post a conspicuous warning at the point of retail sale, display for purchase, or dispensing of condoms that latex condoms labeled for disease prevention provide greater protection against AIDS, Hepatitis B and Herpes viruses than do natural (lambskin) condoms.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.1. FINDINGS.

   Recent testing of natural membrane (lambskin) condoms revealed that this type of condom prevents the passage of sperm through the pores of the material, but some viruses and virus-sized particles pass through the barrier membrane. This research indicates that users cannot be assured that natural membrane condoms will be a barrier against all sexually transmitted diseases. Based on research conducted that studied the effectiveness of condoms made of latex and condoms made of natural membrane in preventing the transmission of sexually transmitted diseases, the Food and Drug Administration, of the Department of Health and Human Services, released an educational publication ("Condoms and Sexually Transmitted Disease," 1990) that states: "Tests have shown that latex condoms can prevent the passage of AIDS, hepatitis and herpes viruses but natural (lambskin) condoms may not do this."

   Therefore, in order to serve the public health, safety and welfare, the Board of Supervisors declares that the purpose of Sections 267 through 267.6 of this Article is to educate the public by requiring that warning signs be placed at all locations where condoms made of natural membrane (lambskin) are sold to the public.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.2. DUTY TO POST.

   (a)   Every person or entity who owns, operates, manages, leases or rents a premises or vending machine offering condoms made of natural membrane (lambskin) for sale, or dispensing for consideration, to the public, shall cause a sign or notice to be posted at one of the following points: the point of sale, display for purchase, distribution, or dispensing. Such notice shall be in English, Spanish, Chinese and Tagalog as provided in this section:

   The sign or notice shall read:

"WARNING
LATEX CONDOMS LABELLED FOR
DISEASE PREVENTION PROVIDE
GREATER PROTECTION AGAINST
AIDS, HEPATITIS B AND HERPES
VIRUSES THAN DO NATURAL
(LAMBSKIN) CONDOMS.
FOR MORE INFORMATION
CALL 864-8100

AVISO
LOS CONDONES DE LATEX
CON ROTULOS DE PREVENCION
DE ENFERMEDADES OFRENCEN
UNA MAYOR PROTECCION CONTRA
LOS VIRUS DEL SIDA, HEPATITIS B
Y HERPES QUE LOS CONDONES
NATURALES DE PIEL DE
CORDERO.
PARA MAS INFORMACION
LLAME AL: 864-8100

BABALA
ANG CONDOM NA GAWA SA GOMA
AY NAKAPAGBIBIGAY NG HIGIT NA
PROTEKSYON LABAN SA AIDS VIRUS,
HEPATITIS B, AT HERPES KAYSA SA
CONDOM NA GAWA SA BALAT.
PARA SA HIGIT NA IMPORMASYON,
TUMAWAG SA 864-8100

   (b)   Such sign shall be not less than eight and one-half inches by 11 inches and shall be conspicuously displayed so as to be readable. The word "WARNING" shall not be less than one-half inch in height and shall be centered on a single line with no other text. The sentence "FOR MORE INFORMATION CALL 864-8100" shall be a separate paragraph centered immediately following the last sentence of the English warning and the same format shall be followed for the other languages.

   (c)   The required sign or notice shall be placed as follows:

      (1)   Where the sale, display for purchase, or dispensing of condoms made of natural membrane to the public occurs other than through the use of a vending machine, at least one sign shall be posted at one of the following points: point of retail sale, dispensing, or at the display for purchase, and shall be conspicuously displayed so as to be readable.

      (2)   Where the sale or dispensing of condoms made of natural membrane to the public occurs through the use of a vending machine, the sign or notice and the lettering thereon is not subject to the minimum width, height or length requirements of this Subsection (b) of this Section except at least one sign or notice shall be attached or affixed to the front of the vending machine to assure that it is readable by a person who is physically close enough to the vending machine to actually operate it.

   (d)   It is the intent of the Board of Supervisors in approving these provisions that the specified warning notices shall be provided by the Department of Public Health to facilitate compliance with the requirements.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.3. VIOLATIONS AND PENALTIES.

   Anyone, subject to the provision of Section 267.2 knowingly failing to post the required warning, is guilty of an infraction.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.4. ENFORCEMENT.

   In addition to any peace officer the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of Section 267.2:

 

Classification Number	Class Title
6120	Environmental Health Inspector
6122	Senior Environmental Health Inspector
6124	Principal Environmental Health Inspector
6127	Assistant Director, Bureau of Environmental Health
6126	Director, Bureau of Environmental Health
8280	Environmental Control Officer

 

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.5. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.

   In undertaking the adoption and enforcement of Sections 267 through 267.5, the City is assuming an undertaking only to promote the general welfare. This Chapter is not intended to create any new rights for breach of which the City is liable in money damages to any person who claims that such breach proximately caused injury. This section shall not be construed to limit or proscribe any other existing rights or remedies possessed by such person.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.6. SEVERABILITY.

   If any part of this ordinance, or the application thereof, is held to be invalid, the remainder of this ordinance shall not be affected thereby, and this ordinance shall otherwise continue in full force and effect. To this end, the provisions of this ordinance, and each of them, are severable.

(Added by Ord. 381-91, App. 10/28/91)