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HomeMy WebLinkAboutMINUTES - 11041986 - 2.4 To:- BOARD OF SUPERVISORS ti_00n4,,�,+ FROM: Phil Batchelor C,,�.I}1,a County Administrator Costa DATE: October 28, 1986 COLM SUBJECT: Sale and Use of Alkyl Nitrites (Poppers) SPECIFIC REQUEST(S) OR RECa 4ENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Take no further action at this time on the regulation of the use and sale of alkyl nitrites (poppers) in the unincorporated area of Contra Costa County. 2. Request the County Administrator to report to the Board not later than December 16, 1986 on the effect of the omnibus federal drug control legislation which may have included a provision to regulate alkyl nitrites as a drug under the Food, Drug and Cosmetic Act, thereby allowing a determination as to whether it is "safe and effective" . 3 . Request the County Administrator to report to the Board not later than December 16, 1986 on the effect of SB 1928 ( Chapter 1181, Statutes of 1986) signed by the Governor September 26, 1986, which will require the posting of a warning notice at the point of sale of alkyl nitrites indicating that alkyl nitrites may be harmful to one' s health and may affect the immune system. BACKGROUND: On September 30, 1986 , the Board of Supervisors requested the County Administrator to report to the Board on whether the Board should consider a local ordinance prohibiting the use or sale of alkyl nitrites (poppers) . On October 7, 1986, the Board asked that when this report was scheduled for Board discussion the Board also consider endorsing HR 5334 which would define alkyl nitrites as drugs for purposes of the federal Food, Drug and Cosmetic Act, thereby allowing for a determination as to whether they are "safe and effective" . HR 5334 was understood to be one of several bills which was being considered for inclusion in an omnibus federal drug enforcement, education and treatment bill which Congress was to consider before adjournment. At the same time, the California Legislature passed, and the Governor signed, SB 1928 by Senator Diane Watson. Among other things, SB 1928 requires every person who sells alkyl nitrites to post at the point of sale a sign which rs�eaajdJJQQs as follows: CONTINUED ON ATTACHMENT: _ YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER / S 1 GNATURE I S 1: ACTION OF BOARD ON NnyPmhPr 4, 1986 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: , ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director , l BY M382I7-83 x�o�✓ 'DEPUTY Page 2 "Warning. These products contain alkyl nitrites ( 'poppers' ) . Inhaling or swallowing alkyl nitrites may be harmful to your health. The use of alkyl nitrites may affect the immune system. Several studies have suggested that their use is associated with the develop- ment of Kaposi ' s sarcoma (an AIDS condition) . " Alkyl nitrites are currently marketed as room deodorizers. They are not currently (absent the above federal and state legislation proposals) regulated in any form by State or Federal regulations except for the packaging and labeling requirements of the Federal Hazardous Substance Act. The Board of Supervisors has indicated an interest in regulating or banning the sale and use of alkyl nitrites in the unincorporated area of Contra Costa County. Alkyl nitrites are often called "poppers" because of the sound which is made when the glass ampule containing the substance is crushed. Alkyl nitrites include amyl nitrite, butyl nitrite, and iso-butyl nitrite, all of which are alleged to be inhaled as an aphrodisiac primarily by members of the gay community. The substances produce a "high" and relax the sphincter muscles. Alkyl nitrites are found in products sold as room odorizers under trade names which include: "Locker Room" , "Blast" , "RUSH" , and "Locker Popper" . The products, which sell for approximately $5 per bottle, have been regulated in other states as well as San Francisco and, most recently, Los Angeles. Although alkyl nitrites have not yet been found to be physically addictive, health officials became concerned over its use by the homosexual community during a time in which Acquired Immune Deficiency Syndrome ( "AIDS") arose as a major health threat. Originally it was thought that a causal relationship exists between the use of poppers and the incidence of both Kaposi' s sarcoma, a rare kind of cancer, and Pneumocystis carinii pneumonia, a rare pneumonia. However, both of these diseases occur in individuals with deficient immune systems, and at the present time, some health experts believe that the use of poppers has no causal effect on AIDS, but is a co-occurrence in the gay community. The Contra Costa County Sheriff ' s Office has indicated that poppers are not identified as a law enforcement problem in the community. The few cases involving Amyl or Butyl Nitrites which were noted by the Concord Police Department were also associated with use of the substances by homosexuals. In view of the possibility that alkyl nitrites may be included in new federal legislation, and in view of the warning signs required by new State legislation which will become effective January 1, 1987 , and in view of the possibility of legal action involving the efforts of Los Angeles County to regulate the sale and use of alkyl nitrites, we believe further legal research is warranted before we recommend whether or not the Board of Supervisors should attempt to ban their sale or use in the unincorporated area of Contra Costa County. The Sheriff-Coroner notes, as have other law enforcement agencies, that the use of alkyl nitrites is not currently a law enforcement problem in the County. We note that any regulations passed by the Board of Supervisors would only be effective in the unincorporated area of the County and could not effectively prohibit the purchase of such products within incorporated cities for use within the unincorporated areas of the County without concurrent action by the cities in the County. Page 3 For these reasons, we recommend a delay by the Board in any definitive action until we can obtain and study the new federal legislation which was signed by the President on October 27 , 1986 and study the possible impact of SB 1928 which will become effective January 1, 1987 . A further report will be made to the Board on December 16, 1986.