BIL 167 Draft 01 2020-2022 - Laserfiche WebLink

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intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen-protection personal-care product. Section 1 -3 . Prohibitions. It is unlawful to provide, sell, offer for sale, or distribute any non-mineral sunscreen without a prescription issued by a licensed healthcare provider. Section 14-32. Exceptions. This article shall not apply to the sale, distribution, or offer of sale of sunscreens banned pursuant to chapter 342D, Hawaii Revised Statutes. Section 14-33. Enforcement and administration. Enforcement and administration of the provisions of this article shall be under the jurisdiction of the department of environmental management of the County, which department shall have the power to formulate any administrative rules necessary to carry out the provisions of this article. Section 14-34. Violation and penalty. (a) Any person, corporation, public agency or other entity who violates this article shall be fined not more than $1,004 per incident. (b) Money from fines collected for violation of this article shall be deposited into the solid waste fund and expended for the purposes authorized pursuant to section 20-04-03(b) of this Code. (c) In addition to the foregoing, any designee of the department of environmental management shall seize and dispose of any product in violation of this article. Section 14-35. No conflict with State or federal law. Nothing in this article may be interpreted or applied so as to create any requirement or duty in conflict with any State or federal law." SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 2