A. It is unlawful for any person to claim or represent that a product that person is providing, distributing or selling is a Synthetic Drug withing the City of San Bernardino.
B. To determine if a person is claiming or representing that a product is a Synthetic Drug, the enforcing officer may consider any of the following evidentiary factors:
1. The product is not suitable for its marketed use (such as crystalline or powder product being marketed as "glass cleaner");
2. The business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product's marketed use (such as a liquor store selling "plant food");
3. The product contains a warning label that is not typically present on products that are used for that product's marketed use (such as "not for human consumption," "not for purchase by minors," or "does not contain chemicals banned by Section 11357.5");
4. The product is significantly more expensive than products that are used for that product's marketed use (such as a half of a gram of a substance marketed as "glass cleaner" costing $50.00);
5. The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or
6. The product's name or packaging uses images or slang referencing an illicit street drug (such as "Eight Ballz" or "Green Buddha").
C. Merely disclaiming a substance claimed or represented to be a Synthetic Drug as "not safe for human consumption" will not avoid the application of this Section.