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The Director, after a public hearing, may adopt and may amend guidelines, rules, regulations, and forms to implement this Ordinance. When businesses post a warning sigh, they do so to comply with City law and are not offering health care advice. Therefore, such businesses are not responsible for the consumers' actions regarding the purchase of cold or cough medicines.
(Added by Ord. 4-08, File No. 071089, App. 1/14/2008)
(a) The Director may enforce the provisions of this Ordinance against violations by serving notice requiring the correction of any violation within a reasonable time specified by the Director. Upon the violator's failure to comply with the notice within the time period specified, the Director may request the City Attorney to maintain an action for injunction to enforce the provisions of this Ordinance and for assessment and recovery of a civil penalty for such violation.
(b) Any person that violates or refuses to comply with the provisions of this Ordinance shall be liable for a civil penalty, not to exceed $500.00 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco, by the City Attorney, in any court of competent jurisdiction. Any penalty assessed and recovered in a civil action brought pursuant to this Section shall be paid to the Treasurer of the City and County of San Francisco.
(c) Any person who violates or refuses to comply with the provisions of this Ordinance shall be guilty of an infraction, and shall be deemed guilty of a separate offense for each day such violation or refusal shall continue. Every violation is punishable by (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation within one year; (3) a fine not exceeding $500.00 for each additional violation within one year.
(d) In undertaking the enforcement of this Ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 4-08, File No. 071089, App. 1/14/2008)
This ordinance shall go into effect February 1, 2008, upon a determination that the FDA has failed to require that labels on cold and cough medicine reflect that the product is dangerous to children under 6 years. In the event that the FDA does require such warnings by February 1, 2008, this ordinance shall be repealed in its entirety. The determination as to whether the FDA has required such warnings shall be made by the Board of Supervisors.
(Added by Ord. 4-08, File No. 071089, App. 1/14/2008)
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
(Added by Ord. 4-08, File No. 071089, App. 1/14/2008)
In adopting and implementing this Ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing in its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 4-08, File No. 071089, App. 1/14/2008)