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Testing of short-term exposure to lubricants adjunctly applied to latex condoms concluded that oil-based personal lubricants have a significant deleterious effect on the strength of condoms. The U.S. Department of Health and Human Services, Public Health Service, issued a report ("Condoms for Prevention of Sexually Transmitted Diseases," 1988) that recommends that only water-based lubricants should be used with a condom. Petroleum- or oil-based lubricants (such as petroleum jelly, cooking oils, shortening, and lotions) should not be used since they weaken the latex. This report indicates that use of oil-based lubricants that weaken latex may contribute to the failure of condoms to protect against STD. The effect of oil-based lubricants on condom performance was tested by CONSUMER REPORTS by using oil-based lubricants in airburst testing. In this test, at least half of the samples of each condom failed.
Therefore, in order to serve the public health, safety and welfare, the Board of Supervisors declares that the purpose of this Article is to educate the public by requiring that warning signs about oil-based lubricants be placed at all locations where personal lubricants are sold to the public.
(Added by Ord. 225-93, App. 7/16/93)
(a) Every person or entity who owns, operates, manages, leases or rents a premises offering personal lubricants for sale to the public shall cause a sign or notice to be posted at the point of sale or display for purchase. Such notice shall be in English, Spanish, Chinese and Tagalog as provided in this Section.
The sign or notice shall read:
"CAUTION
CHECK THE LABEL BEFORE YOU
BUY. USE ONLY WATER-BASED
LUBRICANTS WITH A CONDOM.
STUDIES SHOW CONDOMS BREAK
IF USED WITH LUBRICANTS
CONTAINING OIL OR VEGETABLE
SHORTENING.
CHECK THE LABEL BEFORE YOU
BUY. USE ONLY WATER-BASED
LUBRICANTS WITH A CONDOM.
STUDIES SHOW CONDOMS BREAK
IF USED WITH LUBRICANTS
CONTAINING OIL OR VEGETABLE
SHORTENING.
For More Information Call: ____________"
(b) Such sign shall be not less than eight and one-half inches by eleven inches and shall be conspicuously displayed so as to be readable. The word "CAUTION" 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 ____________" 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: At least one sign shall be posted where the sale or display for purchase of personal lubricants to the public occurs and shall be conspicuously displayed so as to be readable.
(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 within 30 days of the effective date of this ordinance to facilitate compliance with the requirements.
(Added by Ord. 225-93, App. 7/16/93)
Anyone, subject to the provision of Section 267.9 knowingly failing to post the required warning, is guilty of an infraction.
(Added by Ord. 225-93, App. 7/16/93)
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 267.9:
Classification Number | Class Title |
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 |
2806 | Disease Control Investigator |
2808 | Senior Disease Control Investigator |
(Added by Ord. 225-93, App. 7/16/93)
In undertaking the adoption and enforcement of this Article the City is assuming an undertaking only to promote the general welfare. This Article 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. 225-95, App. 7/16/93)
If any part of this ordinance, or this 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. 225-95, App. 7/16/93)