Press release:

Today, Senator Charles E. Schumer announced a critical funding commitment for the Genesee Gateway Local Development Corporation (GGLDC) through the Economic Development Administration (EDA), to complete essential infrastructure improvements at the Genesee Valley Agri-Business Park (GVAB) in Batavia.

In March of 2012, Schumer urged the EDA to support the ag park’s water system after the GGLDC applied for a $1 million investment from the EDA Public Works Program, which will go toward infrastructure improvements needed to support Muller-Quaker partners' -- Theo Muller Group and PepsiCo -- new $206 million yogurt manufacturing facility in the ag park.

Today, the EDA notified the GGLDC that the agency was granting it a $1 million preliminary award pending receipt of final supporting documents.

“This federal investment will mean more jobs and economic activity in Upstate New York, and more demand for our dairy farmers’ product. It is great news for the Genesee County’s Agri-Business Park that further solidifies Upstate New York’s place at the top of the rapidly expanding Greek yogurt production industry,” Schumer said.

“I urged the Economic Development Administration to support this project so that Genesee can pave the way for a major new water system at the Agri-Business Park in Batavia, helping to sprout hundreds of new jobs and Pepsi’s new Greek yogurt plant.

"The Agri-Business Park is going to be a huge driver of jobs and economic growth, and it’s clear that EDA agrees we need to make this investment to create jobs and new markets for our farms and dairies. The EDA made a smart choice and will get real bang for their buck with this investment.”

In March of 2012, Schumer wrote and personally called EDA Acting Assistant Secretary Matthew Erskine to issue his support and noted that this investment would allow the ag park to construct an aquifer-direct water system, which is required for food processing and yogurt-product manufacturing.

The federal award will also help the project leverage millions in private-sector investments and will create approximately 186 jobs at the plant, all while providing a critical boost as Genesee County and Upstate New York work to keep pace with the lucrative and fast-growing yogurt production industry.

The GGLDC will use the $1 million, plus a local match, to construct an aquifer-direct water system required by food processors as municipal water is not optimal for the manufacturing process of yogurt products.

In addition to PepsiCo’s Muller-Quaker plant, the aquifer system will be utilized by other tenants at the park, such as yogurt product producer Alpina Foods. Alpina is in the process of constructing a 40,000-square-foot yogurt processing facility in the ag park and anticipates beginning production late this summer with the hiring of 50 new employees.

Schumer highlighted the fact that multiple economic development projects would be set to utilize this aquifer system once constructed, and noted that the project fits squarely in line with the administration’s focus on developing regional clusters of growth in specialized high-tech manufacturing.

This funding will help Genesee County close an over $1 million funding gap needed to upgrade the park’s road and sewer infrastructure to accommodate forthcoming new tenants like Muller-Quaker, Alpina, and Genesee Valley Mushroom.

In May, Schumer led the effort to secure $105,000 from the USDA to upgrade an essential pump station necessary to increase the park’s wastewater system’s capacity to support the park’s new tenants. To overcome the last of this funding gap, Schumer is also spearheading an effort to secure a $200,000 grant from USDA to construct the required secondary access road into the park. The USDA expects to announce winners of that grant within the next few weeks.

Earlier this year, Schumer urged Muller-Quaker partner PepsiCo, to source as much of the milk for their product as they can from New York’s dairy farmers. The new plant, to be built in Batavia, will create 186 jobs primarily around the manufacturing of various Greek yogurt products. Schumer noted that the plant will be the largest manufacturing operation to locate in Genesee County in the past 50 years.

Dairy processing has significantly increased, thanks to the opening of several new yogurt plants in the state, and the new Muller-Quaker plant represents the latest opportunity to increase demand for New York dairy products, a welcome boost for New York’s long-suffering dairy farmers.

The EDA Public Works Program provides funding for distressed communities to revitalize and upgrade physical infrastructure to attract new industry, encourage business expansion, and diversify local economies.

The Economic Adjustment Assistance Program helps address the needs of communities experiencing adverse economic changes that may occur suddenly or over time caused by international trade, long-term economic deterioration, loss of major community employer, or loss of manufacturing jobs. Funding can be used for infrastructure improvements like sewers.

In early 2011, a 17-year-old boy entered a head shop in Salina, Kan., and purchased a package of chemically laced potpourri.

The teen went home, smoked what he apparently believed was synthetic marijuana and suffered a seizure. He was taken to a local hospital where he slipped into a coma.

While the boy survived the experience, the case and related events illustrate a few points about synthetic drugs.

• The chemists who make them are always trying to stay one step ahead of controlled substance bans.
• The chemists who make them demonstrate little concern about the safety of the products they produce.
• Even when a substance used in the manufacture of a synthetic drug isn't specifically banned at either a state or federal level, there are laws on the books to help authorities go after the producers and sellers of these compounds.

The 42-year-old shop owner, Eric Srack (in photos above), was eventually arrested. He was convicted in September 2011 of selling a substance that was an analog to (mimics the effects of) a controlled substance. Later, he entered a guilty plea to a related felony charge for possession with intent to sell an analog to a controlled substance.

According to The Hutchinson News, Srack was suspected in February of 2011 of manufacturing blends of potpourri known as "Bubble Gum Fun" and "Midnight Moon."

According to the story, Srack bragged on his Web site:

I am the only man alive with my recipe. Although all of my blends are lightly fragranced, they remain 99 percent all natural and completely herbal.

When authories raided warehouses belonging to Srack, they reportedly found substances containing the chemicals JWH-122 and JWH-210. Authorities charged that the substances were analogs to JWH-018 and JWH-073, which were already banned in Kansas.

The substances JWH-018 and JWH-073 were used in the manufacture of Spice and K2, the most commonly recognized names for synthetic marijuana.

It appears that Srack created his own potpourri with the intention of skirting both federal and Kansas controlled substances laws.

Srack's amateur cannabinoids modification demonstrates how easily somebody with a limited background in chemistry can get into the synthetic drug trade, and how few safety precautions clandestine chemists take before releasing a new substance to consumers.

In the past year, Genesee County has seen a couple of waves of synthetic drug use, first with synthetic cannabinoids and more recently with chemical compounds known as bath salts.

The spike in bath salt use over the past several weeks has led to reports of seizures, extreme body temperatures, odd and even dangerous behavior and people with numerous paranoid delusions.

Eventually, the bath salt craze will fade, but the more than 50-year history of synthetic drugs, often called designer drugs, shows that when one so-called "legal high" is banned, users will seek out a new fix and, increasingly, there are underground chemists willing to try and supply it to them.

The invention and manufacture of synthetic compounds that have mind-altering effects goes back to the early part of the 20th Century. But wasn't until 1979 that authorities first encountered a dangerous drug that didn't show up in urine and blood samples and was designed to mimic a substance that was already illegal to sell and manufacture.

The drug was China White, a synthetic form of heroin created by an anonymous chemist in California.

China White was a knockoff of fentanyl, a powerful painkiller used in clinical settings, usually as an anesthetic in major surgery.

The new drug was 20 to 40 times more powerful than heroin and a druggist with $500 in chemicals could produce product worth $2 million on the street, according to a 1985 article by Jack Scafer in Science magazine. (Read the end of the article for an interesting discussion of the connection between another "new" heroin product and how it helped scientists find a possible connection between environmental pollution and Parkinson's Disease.)

Dozens and dozens of people died as a result using China White in the years immediately after its introduction.

After China White came PCP, GHB, Ecstasy, Special K and Nexus, among others, before the introduction around 2005 of Spice, K2 and the first form of "bath salts."

The ever-changing non-organic drug market is likely continue to befuddle law enforcement and health professionals until the cops and prosecutors catch up with the 21st Century, according to Bruce Talbot. He retired from the Woodridge, Illinois PD after a 26-year career and is a drug-recognition expert who has studied synthetic drugs extensively since the 1980s.

"Our current drug laws are based on the Harrison Narcotics Act of 1914 when our drugs were based on plants," Talbot said. "It was meant to regulate opium, heroin and cocaine. But that's the 20th Century. Our laws need to catch up with the 21st Century."

In response to the rise of previously unknown drugs that mimic already banned substances, in 1985 Congress passed the Federal Analog Act, which made it a crime to sell and distribute compounds and substances intended to produce the same effect as drugs already declared illegal.

The act requires a two-prong test for prosecution:

• That the substance has components and effects similar to a Schedule I or Schedule II controlled substance;
• And, that the producer intended it to have an intoxicating effect.

That's why products that are sold as "bath salts," "incense," potpourri," "spice" and "plant food" contain the warning, "not for human consumption."

Invariably, that's the only notice on the colorfully decorated packages with fanciful names indicating that the contents might be harmful if consumed.

The warning seems to exist purely as a legal fiction designed -- producers hope -- to protect manufacturers and sellers from possible criminal consequences.

The naming and marketing of the packages often seem intended to attract buyers other than those looking to make their water smell sweet or attract ladybugs to their gardens.

Sample products available online: Mind Candy (sold as a "plant food"), Pink Panther (sold as a "research chemical" out of the UK), Day Lights (which carries the warning "Keep out of Reach of Children. Not for Sale to Minors. Do Not Consume.") and White Water Rapid (which says not for human consumption, but also carries the warning "Enjoy with caution.") (Also check the packaging pictures in this story copied from a Web site that claims to sell legal highs at wholesale prices.)

At the recent anti-bath salts rally outside 420 Emporium on Ellicott Street, one of the protesters found a discarded package of "Party Rocks," a "tie dye" substance, according to the package.

One online site that advertises possible designer drugs describes "Party Rocks" this way:

If you loved the laid back 70's or maybe you are just a New Age Hippie at heart, then you will love these great Tie Dye Capsules. Unlike the ones you find at the local super store, these capsules dont have a bad chemical smell and won't leave your house looking like a dye factory. The pleasant orange aroma and easy to follow instructions will have you ready for a 70's style party in no time. Each pack contains two capsules and is just enough to make even the lamest things look cool. This item is not to be consumed and should only be used on fabric.  

An online discussion forum for apparent drug users gives users a chance to review such substances. It contained this comment:

One such product are Party Rocks Tie Dye Concentrate. Two capsules, filled with reddish pink/white powder (to the brim) that you dissolve in water and squirt on a t-shirt, then let dry for 12 hours. Well I wore my shirt right away, and It was amazing...

The next comment, though, is more direct about how the substance may be used.

Hey bud, would you mind being a just a smidge more clear about what these do? It almost sounds like this stuff is psychedelic. Or is it just another in the long line of stims?

There are legitimate "bath salts" you can buy either online or in many types of retail shops, of course -- the kind of product you dump into warm water before relaxing in the soothing soft liquid as it washes over your body after a long, hard day; but, the products sold up to now as "bath salts" carry no marketing message that would indicate they would be aromatic.

Clearly, the thinly veiled marketing of these products sold by head shops or online herbal stores as a plant food or iPod cleaner suggests they are not really intended for either of those purposes.

Glenn Duncan, executive director of the Hunterdon Drug Awareness Program in Flemington, N.J., has studied synthetic drugs extensively and maintains one of the most informative Web pages available on the constantly changing analog landscape.

At some point, prosecutors, Duncan agrees, will need to work with law enforcement to find creative ways to arrest producers and sellers of these products when existing laws prove inadequate, or until legislation better fits today's illicit drug market.

"Quite obviously, these things are sold for human consumption," Duncan said.

The current scheme of waiting for new drugs to hit the market and then outlawing the substances once they've proven harmful is not working, Duncan said.

For example, MDPV emerged in bath salts in 2005. The first MDPV-related seizure was reported in 2006. It's only been a Schedule I controlled substance in New York for less than a year, and federally since July 9. By the time it was banned, most "bath salt" products being sold no longer contained MDPV.

To become a controlled substance, a chemical compound must first get listed on an emergency schedule and tested by the FDA. Not every substance that goes through this process is later banned as a controlled substance.

The process is slow, cumbersome and doesn't always yield results that keeps dangerous drugs off the streets.

"Chemists will always be five years ahead of the federal government," Duncan said.

The bill that banned MDPV with President Barack Obama's signature on July 9 also banned mephedrone, and Duncan is frustrated that the legislation sponsored by Sen. Charles Schumer didn't go far enough.

An earlier version of the bill also would have banned naphyrone, but somewhere along the line for reasons that Duncan said are not entirely clear, naphyrone was dropped from the bill.

Even so, there are a total of 83 substances, as far as Duncan knows, that are used in bath salt and bath salt-like products.

"In his press release Sen. Schumer said this put 'the final nail in the coffin for legal bath salts,' " Duncan said. "It was the most ridiculous statement I ever saw. I was angered by it. If he looked at my Web site, he would see 83 substances listed. He put two nails in a coffin that needs 83 nails."

For example, there are now products appearing in retail outlets containing pentedrone, which hasn't been scheduled yet, but is already sending people to emergency rooms.

Kansas is apparently doing its best to keep abreast of new synthetic cannabinoids, and a law enforcement official in Salina said it appears that fake pot is a bigger problem in the state than bath salts. This week, authorities in Kansas issued an emergency ban on UR-144, which has been marketed under several brand names, including "Halo Zombie Matter."

MORE after the jump (click on headline to read more):

Given the difficulty of keeping up with clandestine chemists, Talbot thinks federal and local law enforcement officials need to get more aggressive about using the analog laws to apprehend and prosecute the people who distribute and sell synthetic drugs, even though it's not as easy as arresting somebody on a cocaine or heroin charge.

"Does it take a little more work to build a case?" Talbot said. "Absolutely. But we are killing people on this. We have kids who are doing it. We've documented many cases where weeks and weeks after they stopped using it, they committed suicide. (These drugs) interfere with serotonin receptors and that leads to long-term depression. It's worth a little extra work to address that."

It was this kind of state-level analog law that brought Eric Srack to justice in Kansas.

New York apparently has no similar analog law on the books, though it does have a law banning the sale of substances that turn out to be fake controlled substances (as opposed to something meant to mimic controlled substances).

New York Public Health, Title 7, Section 3383, covering imitation controlled substances makes it a misdemeanor to market, sell or distribute any substance that in its packaging or intent is a counterfeit controlled substance.

The law is intended merely to deal with the sale of fake prescription drugs, but it was used this month to arrest a person allegedly selling fake LSD in Waterloo.

Major Wayne Olson, head of the community narcotics enforcement division of the State Police, said he isn't aware of Section 3383 being used to prosecute dealers of analog drugs and doesn't see it as a viable option.

"The enforcement of a law is only as good as it's written," Olson said. "We can't change the language that's in the statute. The creative approach of using a statute up to this point hasn't worked out from a law enforcement perspective."

Olson said he and his peers are hopeful that the legislature will get serious about passing a broad enough measure to sweep in a range of synthetic compounds and give law enforcement the means to go after people who sell drugs that aren't necessarily specifically banned by compound name.

"The biggest tool we have right now is educational, because you know as well as I do, you can't legislatire away everything that is really bad," Olson said.

Another legal option being discussed in law enforcement circles is the use of New York's statutes against reckless endangerment.

Section 120.20 of the Penal Code:

A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

The crime is a Class A misdemeanor.

A prosecutor would have to prove that an employee or shop owner knew the substance was harmful, could cause serious injury or impairment, and sold it anyway.

Successful prosecution would probably require an undercover purchase of the product in advance, having it lab tested and then warning the merchant of the dangers, and then only making an arrest if the shop continues to sell it. 

The concept of prosecuting for reckless endangerment highlights another problem for local law enforcement in combating synthetic drugs: testing. The newer the drug, the fewer the labs that can test the compound and identify it. Testing new substances takes time and costs money. 

Another promising approach to curtailing the sale of synthetic drugs, Talbot said, is the kind of civil action recently undertaken by Attorney General Eric Schneiderman to target the seemingly disceptive labeling of chemical products under consumer protection laws.

In New York, a whole host of consumer products require manufacturers to notify the state of the chemicals in the products, including carpet cleaners, spot removers, upholstery cleaners and glass cleaners (all names given to products believed to be a form of synthetic drug at some point).

Depending on how a product is defined and what it contains, federal law requires:

• Ingredient information
• Poison warning
• Instructions on what to do if ingested
• Childproof packaging
• Directions for use of the product
• The name and legal address of the manufacturer

Labeling laws could become critical in chasing down basement chemists who continually release modified substances onto the market.

Another strategy that has been used in a few locations in New York is for municipalities to pass their own local laws banning the substances.

In villages where local ordinances have been passed banning the sale and possession of bath salts, the problem seems to have gone away, according to at least one report by Rocco LaDuca in the Utica Observer-Dispatch.

In Rome, for example, the police chief there, Kevin Beach, told LaDuca that the bath salt-related calls have dropped dramatically since officers have been able to enforce a local law against the substance.

“I believe it is very clear to the business owners and to the users out there that we are taking this very serious and we’re not going to tolerate it,” Rome Police Chief Kevin Beach said. “I believe it’s had a tremendous impact, and we’ll continue to enforce it if we get complaints that it’s being sold some place.”

Such laws, however, are still aimed at trying to keep abreast of the chemical trade.

If the government response is to repeatedly just ban new substances as they are formulated, then law enforcement will always behind the curve, Talbot said.

One thing Schumer's bill got right, and is a bold experiment, Duncan said, is a catch-all ban on any substance that binds to the CB-1 receptor. All synthetic cannabinoids -- drugs designed to mimic marijuana in some respect -- must bind to the CB-1 receptor in the human brain.

While Schumer's bill bans at least 18 substances that are synthetic cannabinoids, the omnibus ban could have the most effect in slowing the synthetic marijuana drug trade.

"Marijuana is unique in that it has its own receptors," Duncan said. "You can't take that approach with every drug out there."

The synthetic marijuana trade began with a grant in 1984 from National Institute on Drug Abuse to John W. Huffman, now a professor emeritus of organic chemistry at Clemson University.

Huffman and his team were researching cannabinoids to aid with treatment of multiple sclerosis, AIDS, and chemotherapy.

The team created 450 compounds, which is why when you read about synthetic marijuana you see references to chemical compounds known as JWH-081, JWH-133 as well as JWH-122, JWH-210, JWH-018 and JWH-073 (the compounds at the heart of the Srack case in Kansas).

In the early part of this century, German dealers began selling K2 and Spice based on two compounds developed at Clemson.

Huffman has reportedly said, “I figured once it got started in Germany it was going to spread. I’m concerned that it could hurt people. I think this was something that was more or less inevitable. It bothers me that people are so stupid as to use this stuff."

According to an article by Duncan, synthetic cannabinoids have been linked to "impaired driving, attempted suicides, and emergency department visits" and have shown such adverse effects as "increased anxiety, panic attacks, heart palpitations, respiratory complications, aggression, mood swings, altered perception and paranoia."

In some online forums, even self-identified drug users question the wisdom of consuming K2 and Spice.

In one online-posting, a person wrote, "I tried a couple times. I didn't notice any adverse affects, but a buddy thought his heart was going to explode, it was beating so hard. I won't ever do it again."

Some reported loss of memory and observing others appearing to suddenly just be really stupid.

While applauding Schumer's effort to ban all synthetic cannabinoids, Duncan also harbors doubts that the plan will work. In his online articles he's noted that some researchers are concerned there isn't enough science available yet to say whether the ban will hold up in court.

Even if the synthetic cannabinoids ban does work, the ban doesn't address the myriad of ways chemists might find to produce euphoria, stimulation and hallucinations. There are no single receptors for those highs, Duncan said.

With all of these chemicals -- whether they've been around since 1929, such as mephedrone, or since 1969, such MDPV (methylenedioxypyrovalerone), or something of a more recent vintage, such as naphyrone -- underground chemists are always looking for new compounds and new methods to combine them in ways that create new "legal" highs.

While chemists might expect a certain combination of chemicals to produce certain effects, there's no evidence chemists put their substances through any sort of rigorous lab testing to determine how the chemicals might interact with biological chemistry.

Any attempt to determine negative side effects or long-term damage seem not to be part of the process of bringing new products to market.

Look at the history of mephedrone and MDPV, which were reportedly first marketed as legal highs in 2003 and 2005. 

Producers promised euphoria and increased mental alertness. What users also experienced, according to Duncan's research, included rapid heartbeat, increase in blood pressure, vasoconstriction and sweating; while mental symptoms included an inability to sleep, anxiety, agitation, loss of appetite and intense desire to re-dose.

The so-called bath salt products seem to combined stimulation and an altered mental state that leads to intense hallucinations, agitation and paranoia.

That combination of effects may explain some of the bizarre behavior associated with these products.

There have been reports of people:

• Running around naked (the chemicals in bath salts raise body temperatures)
• Threatening children with knives
• Going wild in maternity wards
• Attacking others with shovels
• Threatening to eat people
• Urinating on a $30 million painting
• Falling through ceilings

There've even been cases where murder was blamed on bath salts.

Locally, we've seen reports of paranoid conspiracy theories, suicidal thoughts, people normally afraid of heights climbing onto rooftops, arguments involving knives and other threats of violence, people going to the hospital with seizures and extreme body temperatures.

How we got to this so-called "zombie apocalypse" has a lot to do with that 1914 law Talbot mentioned. State and federal laws address substances, not outcomes.

Some in law enforcement believe one answer to the synthetic drug trade is to create new laws aimed at prosecuting people who are found intoxicated on such substances, whether specifically scheduled as a controlled substance or not. Part of the theory is that if users were arrested on misdemeanors for ingesting such chemicals, they could more easily be shepherded into a drug-treatment program.

Duncan does think the news media has overplayed some bath salt-related news, but at least the public is being made more aware of these dangerous drugs (whether they lead to face eating or not).

In Duncan's home state, New Jeresy, legislators passed "Pamela's Law" after the murder of Pamela Schmidt in March 2011. Schmidt's mother told reporters that she believed the chief suspect in the case, William Parisio Jr., (who has not been convicted) was on bath salts. Later, prosecutors announced that a complete toxicology report on Parisio found no evidence that the substance banned in Pamela's Law, MDPV, was in Parisio's system at the time of his arrest.

Schmidt's death spurred the New Jersey Legislature to action to ban MDPV at a time when another synthetic drug bill had been stalled in committee.

"The synthetic marijuana bill sat and languished in sub-committees for over a year, however, due to this woman’s tragic death, the bath salts bill was passed in a matter of months after introduction" Duncan said.

What we now call the War on Drugs had in genesis in the Harrison Narcotics Act of 1914 and is underpinned by the idea that if the supply of illicit drugs can be snuffed out at border crossings, it will decrease supply, drive up prices and reduce use.

The unintended consequence, as Shafer points out in his article, is that it may have helped create the designer-drug market.

While some sources indicate that designer drugs are mostly created in Eastern European labs and manufactured in China and Indonesia, there's also evidence that chemicals are being combined right in the United States.

Even if products are coming from overseas, the smaller packages and odors of synthetic compounds may be missed by K-9s trained in the detection of organic drugs.

Either way, the compounds are so inexpensive to manufacture and sold at wholesale so cheaply that distributors reap huge profits.

A blog dedicated to stamping out synthetic marijuana reports that retailers purchase such products for $2 to $5 per packet, which then retail for $20 to $30 per packet.

The Marietta Times reported last year that one retailer accused of selling bath salts was generating $4,000 a day in profits.

At these profits, it may not be surprising that the rate of change for synthetic drugs seems to be accelerating as illicit chemists try to stay ahead of law enforcement efforts to curtail the sales of such substances.

A lab that specializes in recreating the chemical compounds found in synthetic drugs reported a few days ago that they're seeing a faster release cycle for new chemicals.

Who knows what negative, unintended consequences these new substances might unleash?

Talbot won't predict what comes next, whether the next wave of addicts will be even more dangerous to themselves or others, or whether some other behavior might become evident.

But he does know there will be a next wave and the bath salt craze won't go on indefinately.

In fact, because the publicity of the dangers of bath salts has been so intense, it's a fad that will burn itself out fast, Talbot believes.

Talbot compared drug epidemics with disease epidemics. If a disease is slow to catch on and cause serious illness and death, the epidemic lasts much longer, Talbot said, than one where people get sick and die quickly.

The same thing happens with drug epidemics, he said.

"When a drug is new, it's trendy and a lot of people jump on the bandwagon," Talbot said. "When bad things happen to those people, the drug tends to reach a plateau. The drug becomes unpopular. We then see very low abuse levels. Most drugs tend to follow this pattern. We're on an upswing with bath salts now, but as with most harmful drugs, the shorter the cycle. I think we'll see bath salts burn themselves out."

Sgt. Steve Hauck of the Utica PD thinks combating synthetic drugs is going to take a combination of education, laws, law enforcment and drug treatment.

"There is no one thing that is going to stop this problem," Hauck said. "You need all of those things to make it work. When you have one or two of those things fail, then you have a drug problem that is out of control."

Could things get worse before they get better. The experts hope not, but as Duncan noted, sometimes bad things have to happen before people take action. Talbot sees the same phenomena playing out.

"I think that as more and more kids become sick, hospitalized, die from (new drugs), people will start asking why the government isn't doing something," Talbot said.

"I think there is going to be increasing pressure on prosecutors and law enforcement to become more innovative in addressing synthetic drugs. We can’t continue to use our old techniques and use our old ways of enforcing 20th Century narcotic laws."

And they're off ... for the 66th season, there is live harness racing at Batavia Downs.

More than 3,000 racing fans turned out for opening night and they witnessed Shawn Gray, who captured Buffalo's 2012 driving title, notch three wins.

Two other of the nation's top drivers, Dan Noble and Jim Morrill Jr., were also featured on the night.

Route 33 is being shut down at Angling Road for an ATV vs. gas meter accident with a possible gas leak.

East Pembroke Fire Department on scene. Corfu fire police responding for road closure.

UPDATE 10:22 p.m.: All houses from the east of the incident location have been evacuated.

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.

There are some communities in Western and Central New York where law enforcement and emergency personnel have reported problems with users on "bath salts," but some communities have been untouched.

In the GLOW region, for example, Le Roy, Albion, Medina and Warsaw, according to law enforcement sources in each place, haven't seen many emergency calls related to bath salts.

In communities such as Batavia, Fulton, Utica, Watertown and Syracuse, however, there has been an explosion of calls for bizarre behavior, people having seizures, people demonstrating extreme paranoia and agitation.

What's the difference between these two sets of communities: In the villages and cities where there are problems, there is at least one retail shop -- usually a head shop -- suspected of selling synthetic drugs. Where no such shop exists, there haven't been many people buying and using the products.

In Batavia, first there was The Laughing Buddha, which was suspected of selling bath salts and other synthetic drugs until it closed around the beginning of May.

At about the time it closed, The 420 Emporium opened at 400 Ellicott St.

There are four other 420 Emporium locations in New York. The first one opened in Fulton in September 2011. A short time later, a second head shop opened in Fulton.

"Ever since that store came to town, well, let me put it this way, we never had a bath salt problem until these stores came to town," said Sgt. Joseph Agigo of the Fulton PD. "It seems to have contributed to the problem. It may not be the only source of the problem, but it has contributed to it."

While bath salts and other synthetic drugs are available online, an online purchase requries a credit card and creates a paper trail. For a person on parole or probation, that could be a problem.

When a retail store allegedly sells synthetic drugs, anybody with cash and knowledge of the location can acquire a product that may or may not have been banned by state or federal law.

Sgt. Steven Hauck, public information officer for the Utica PD, doesn't want to overstate the level of bath salt problems in his city, saying that because his department's policy is to be completely transparent about the issues it deals with, Utica got more media attention than some other municipalities.

However, Hauck said there is certainly a correlation between ease of access to a retail location that seems to be selling synthetic drugs and the problems it creates in a community.

"Part of the thing with any type of drug is a person's ability to obtain that drug," Hauck said.

What Hauck said he doesn't understand is why a business that might otherwise be legitimate would want to get involved in something as ethically questionable as selling synthetic drugs.

"The thing I've always found really odd about the whole bath salt thing is that while I can understand to a certain degree, though I certainly do not condone it, a person on a street corner selling crack or selling marijuana, these are businesses, legitimate business," Hauck said. "Why would you want to get involved in something that you hear every day is killing people?"

The 420 Emporium's Web site lists locations in Rochester, Henrietta, Brockport (top photo), Syracuse, Fulton and Batavia.

The bath salt issues in Batavia are well documented. Fulton's police have dealt with bath salt issues. Media reports confirm numerous bath salt issues in Syracuse, though there are other possible retail outlets allegedly selling the compounds in that city. 

As far as Brockport, its chief of police has not responded to multiple phone calls and emails requesting comment. The Batavian did speak to a lone police officer Saturday who said he wasn't aware of any problems related to 420 in Brockport; however, Jason Lang has told The Batavian previously that he has purchased bath salts in Brockport.

An accident with unknown injuries is reported on the Thruway in the vicinity of mile marker 375.2. A box truck was westbound then crossed over the center divide and came to rest on the north side of the roadway. Le Roy fire and ambulance are responding.

UPDATE 6:33 p.m.: A responder on scene says the vehicle is in the trees at the side of the Thruway.

UPDATE 6:46 p.m.: Injuries, if any, are very minor.

Shawn Alfred Johnson, 18, of Rochester, is charged with forgery in the first degree, a Class C felony. Johnson is accused of passing fake $20 bills at Darien Lake Theme Park. Johnson was allegedly passed eight counterfeit bills and a total of 32 counterfeit bills were recovered at Darien Lake by staff and police.  The investigation is continuing and more charges are pending. Johnson was held on $15,000 bail.

John A. Cabrera Jr. (photo), 22, of 111 State St., Batavia, is charged with criminal mischief, 4th, and criminal tampering, 3rd. Cabrera is accused of damaging the holding room at the Batavia PD headquarters and tampering with video surveillance cameras. Cabrera is a suspect in a burglary early Sunday morning at St. Paul's Lutheran Church.

Chance M. Towne, 17, of 106 Ave. A, Apt. E, Lake Park, Iowa, and Anthony J. Spearance, 26, of 107 Washington Ave., Apt. A1, Batavia, are charged with criminal trespass, 3rd, and petit larceny. Towne and Spearance are accused of entering property owned by the City of Batavia and stealing scrap metal.

Steven Anthony Masetta, 53, of North Lake Road, Bergen, is charged with harassment, 2nd. Masetta is accused of pushing another person during a domestic incident.

Alyssa Jayne Hendrix, 17, of East Main Street Road, Batavia, is charged with unlawful dealing with a child. Hendrix allegedly hosted an underage drinking party.

Scott James Hinze, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .18 or greater. Hinze was reportedly found in his car parked on the roadway in front of his residence acting suspiciously at 1:47 a.m., Sunday, by Deputy Howard Carlson.

Jon Hoyt Bush, 29, of Oak Orchard, Elba, is charged with criminal contempt, 1st, and harassment, 2nd. Bush is accused of biting a person who was reportedly under the protection of a court order. Bush was jailed on $500 bail.

Milton H. Simmons, 29, currently residing at 14 W. Main St., Batavia, is charged with assault, 2nd, and criminal mischief, 3rd. Simmons allegedly punched another Genesee County Jail inmate in the face causing the inmate's denture plate to break. The alleged victim also suffered a swollen jaw. Simmons was arraigned in city court and returned to jail without bail.

Brenda A. Richardson, 45, of Basom, is charged with DWI and driving with a BAC of .08 or greater. Richardson was stopped at 10:25 p.m., Saturday, in the Town of Shelby, by State Police.

Gilberto Gonzalez, 26, of Albany, is charged with disorderly conduct and resisting arrest. Gonzalez was arrested by State Police at a location on Veterans Memorial Drive for an alleged incident reported at 5 p.m., Saturday. No further details were released.

Jamie Bachorski, 18, of Oakfield, and Mark A. McNutt, 18, of Oakfield, are charged with unauthorized use of a vehicle. Bachorski and McNutt were arrested by State Police in connection with an alleged incident reported at 2:54 p.m., Friday. No further details were released.

Melissa L. Coufal, 42, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Coufal was stopped by State Police at 9:29 p.m., Thursday, in Bergen.

A 41-year-old Corfu resident who rolled a sedan in a single-vehicle accident on Wilkinson Road on Sunday evening is in guarded condition at Strong Memorial Hospital this morning.

Raymond Pfalzer, a resident of Brown Road, reportedly suffered a serious head injury in the accident and was transported to Strong by Mercy Flight.

The accident was reported at 8:20 p.m.

Pfalzer was reportedly southbound on Wilkinson Road and failed to negotiate a turn onto Brown Road. His 1976 Chevy two-door sedan began to fishtail and the car went off the west shoulder, striking a utility pole and making a complete rotation before coming to rest on its wheels.

Charges may be pending against Pfalzer.

According to protocol at Strong Memorial Hospital, when a patient is listed in guarded condition it means he's in the intensive care unit.

The accident was investigated by Deputy James Diehl.

East Pembroke Fire Department and Mercy EMS assisted at the scene.

(Initial Report)

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The following four people were arrested by Sheriff's Office in connection with the Allman Brothers / Santana concert at Darien Lake Performing Arts Center on Sunday evening.

Christine L. Guiher, 40, of Sheridan Park, Tonawanda, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while being ejected from the concert venue and then physically resisting arrest, Guiher was arraigned in Darien Town Court and jailed on $500 bail.

Connor B. Holly, 24, of Gradiner Park, Rochester, is charged with DWI and driving with a BAC of .08 or greater after allegedly being found operating a motor vehicle in the parking lot while intoxicated.

John D. Romero, 20, of Reddick Lane, Rochester, is charged with unlawful possession of marijuana and possession of alcohol under 21.

Megan E. Wells, 19, of Honeoye Falls Road, Honeoye Falls, is charged with unlawful possession, of marijuana and possession of alcohol under 21.

There were 21 citations issued for alleged possession or consumption of alcohol under age 21.

Karl V. Langrek, 19, of Middle Road, East Concord
Tyler R. Johnson, 19, of Tonawanda Creek Road, North Tonawanda
Benjamin R. Rupert, 19, of Robinson Road, Lockport
Justin E. Mast, 20, of Creek View Drive, Clarence Center
Austin B. Renz, 18, of Swamp Road, Auburn
Maxwell G. Johnson, 17, of East Lake Road, Skaneateles
James S. Mills, 18, of West Lake Road, Skaneateles
Bridget A. Field, 18, of Bishop Hill Road, Skaneateles
Matthew M. Hurley, 19, of Clardon Drive, Williamsville
Kaitlyn M. Hayes, 18, of Lake Street, Perry
Dylan M. Fox, 20, of Division Street, Pike
Alan J. Warren, 20, of Crotty Road, Fillmore
Steven C. Trubia, 18, of Windmill Trail, Rochester
Kevin Q. Widzinski, 18 Hubbard Street, North Chili
Samuel K. Knapton, 19, of Dewey Street, Churchville
Jessica B. Emick, 20, of Whitehouse Road, Portville
David L. Rubach, 19, of Lincoln Road, Snyder
John S. W. Yanity, 20, of Koster Row, Amherst
Eoghan L. Connors, 20, of Autobon Drive, Snyder
Michael P. Lempko, 20, of Berryman Drive, Amherst
Kyle C. Dains, 20, of Chateau Terrace, Amherst

The photo above depicts a Canadian sunset over a placid and serene Lac Remigny. The photo was provided courtesy of Batavians Larry Smith and Paul Barrett, two longtime outdoorsmen who head to the North Country in pursuit of black bears.

It turns out the pair had themselves an adventure, one they chose to share with The Batavian. And as you will see from their photos, in addition to their pursuit of black bears, the pair took time to enjoy the scenery, the wildlife and the hospitality.

Their trip began in early June with an eight-hour drive to Remigny, Quebec, Canada, where Barrett and Smith renewed acquaintances with Mark Kepka and his wife, Gosia, the owner/operators of Camps Ronoda. 

Barrett and Smith arrived at Remigny on Saturday, June 9th and the next evening ventured to their assigned hunting locations for the first time. Hunting 16 miles from camp and posted three miles from one another, both Batavians saw bears that first evening on stand. Photo above shows the roads and terrain they traveled through to get to their stands.

"I saw my first bear in the wild that Sunday evening," said Larry Smith, who was hunting from a ladder stand.

Heeding the camp owner's words, he passed on the opportunity to shoot even though the bear was within 20 yards of him.

"The bigger bears will tend to show up later in the week. Because you are a 'strange' odor in the area, the big bears will keep their distance until they get accustomed to your scent," Smith said, echoing his host's advice. "During that time you tend to see smaller bears. Mark told us to be patient, wait until midweek if we want to see bigger bears."

Instead of shooting, Larry put his camcorder to use and got some footage of his first bruin encounter.

That same evening Paul Barrett also had an encounter with a black bear, though a bit more confrontational than this marauding raccoon he photographed as it raided the bait bucket.

Unlike his companion, Barrett was not in a ladder stand, but instead situated on a rock outcropping overlooking the bait pail.

"A big bear came in from right to left, 12 feet below and 20 yards away," he said. "It sniffed the air then ran off into thick brush. Ten minutes later I heard his teeth snapping -- definitely not a good sign. The bear was by that time behind me, over my left shoulder about 20 feet away. Now above and behind me, the bear lumbered back and forth, trying to get me to move," he continued.

With his Remington model 700 338/06 custom-built rifle in his lap, Paul opted for his camcorder and, as his companion had done, got several minutes of footage, albeit in dense brush. The bear eventually walked off.

On Tuesday, June 12th, Larry Smith was once again seated in his ladder stand when, at about 8 p.m. he noticed movement on the ground below and to his left.

"She came in on the same path I had used to walk in four hours earlier," he said. "She stopped briefly at the base of my ladder and looked up at me before moving on. She went straight to the bait pail, situated 6 feet off the ground and full of ground up cookies and meat scraps." It was noted that the bait pails are placed at the 6-foot height to give the hunter an indication of the bear's size. 

"She reared up on her hind legs facing away from me and began removing meat scraps from the pail, at which time I decided to harvest this bear." A single 180-grain bullet from Smith's Remington 700 30-06 did the trick. "She fell backward, then ran about 25 yards before she collapsed," he concluded.   

By then it was getting dark in the dense woods and, having previously heard reports of wolves -- or even larger bears -- that will come in to a kill, Larry thought it a good idea to get the outfitter on his way.

"He needed to travel 16 miles and offload his ATV so let's get him started in this direction," he thought to himself. When Mark Kepka arrived the first words out of his mouth -- before spotting the bear -- were, "Is it dead?" His concern was tracking a wounded bear in the the bush, nighttime or otherwise. I was also informed Kepka carries no gun in such a situation, only a flashlight and a knife. The task of finishing off a wounded bear is left to the hunter.

Paul Barrett was also at the scene by the time Mark Kepka had arrived. And he had some news of his own.

"I was sitting on the same rock outcropping when I heard Larry's shot. I immediately texted him and learned of his kill. I then texted my wife, Kathleen, back home in Batavia to her inform her of Larry's kill." 

No sooner had Paul done that when he had a visitor.

"Approximately seven minutes after texting my wife, a bear approached from behind and over my right shoulder. It then wandered off to my right for a couple of minutes before circling around me and heading directly for the bait. It stood on its hind legs and I put one shot right between the shoulder blades."     

Meanwhile, Larry is back at his stand, not having heard the report of his companion's gun and waiting for Mark to arrive. At this time he, too, decided to text his wife, Julie, and daughter, Melissa. Like Kathleen, their reaction was one of excitement, delight and enthusiasm.

Paul's big boar weighed in at 400 pounds, while Larry's tipped the scale at 200. The bears were 5 and 9 years of age and by their calculations, they were taken 11 minutes apart.

"The morning after the bear harvest we had a photo shoot before Mark and his dad, Henry, skinned and quartered both bears before freezing them. We each brought back four quarters of bear meat plus the pelts," said Paul, who plans on having a rug made from his bear hide while Larry opted for a full standup mount. 

Both Paul Barrett and Larry Smith pointed out that when they began the search process for an outfitter, the Kepkas came highly recommended and they actually met with them three times prior to their hunt.

"I would classify the Kepka's operation at Camps Ronoda as remarkable -- accommodations, meals, hospitality, amenities, all of it," Larry Smith said.

His sentiments were echoed by Paul Barrett who also lauded the culinary skills of Gosia Kepka.

"Truly remarkable. She cooked two meals a day, breakfast and dinner," he said. When I asked about lunch, he quickly added, "you don't need lunch -- the portions at breakfast and dinner are huge."

Camps Ronoda has been outfitting sportsmen since 1948. In addition to bear hunters, they serve fishermen, duck and goose hunters and offer grouse, woodcock and small game hunts. 

They can be contacted at:

1337 Rue de L' Eglise

Remigny, Quebec, JOZ 3110

1-877-761-2591

On Saturday the Tonawanda Valley Youth Ladies Fastpitch Softball League (TVYLFSL) hosted a Junior Division small ball softball tournament to benefit Crossroads House.

Four teams of 10-12-year-old girls participated, representing Batavia, Le Roy and Byron-Bergen.

Participants and their families were asked to bring donations from the Crossroad House wish list.

http://www.crossroadshouse.com/

"Crossroads House is a comfort care home for those who have a terminal illness and have been medically determined to be in the last three months of life. Crossroads House is an alternative to a hospital or nursing home when care can no longer be provided in the patient's own home."

Le Roy 2 coached by Micky Hyde won the tournament. Tied in points going into the last game with Le Roy 1, Hyde's team scored a run in the last inning to pull off the win.

More pictures from the games can be found here.

Democrat and Chronicle: East Rochester turning duplexes back into single-family homes

A car is reportedly in a ditch at Brown and Wilkinson roads, unknown injuries, and a power line was taken down as a result. Emergency responders are told to proceed with caution. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 8:29 p.m.: The caller states the vehicle has one occupant. The high-tension wires are across the roadway and it is "completely blocked." A train close to or crossing Wilkinson Road is stopped. The driver has head injuries and Mercy Flight and a landing zone set-up are requested. But Mercy Flight says there's no Batavia bird available; checking on Buffalo now.

UPDATE 8:36 p.m.: The driver has serious injuries. A brother is on scene. National Grid is notified.

UPDATE 8:43 p.m.: A Mercy Flight helicopter is expected to arrive from Canandaigua in about five minutes.

UPDATE 8:46 p.m.: The helicopter is expected any second now. It will land north of Brown Road, on the east side of that road. Fire police are on scene also.

UPDATE 8:49 p.m.: National Grid is on scene.

UPDATE 9:04 p.m.: The patient is described as a 52 41-year-old male who was thrown from the vehicle and has symptons consistent with a serious head injury.

UPDATE 9:28 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

A fence is reportedly on fire at 21 North St. City firefighters are responding.

UPDATE 2:50 p.m.: The fire is out.

Four more burglaries, two at churches, were reported Sunday morning and a suspect was taken into custody, Batavia PD reports.

John A. Cabrera Jr., 22, of Batavia, was allegedly caught in the act of burglarizing St. Paul's Lutheran Church in Batavia.

It's unknown how it came to Batavia PD's attention that an alleged burglary was in progress at St. Paul's.

Right now, Cabrera is a suspect only in the alleged St. Paul's burglary.

A burglary was also reported this morning at Ascension West (formerly St. Anthony's Church) on Liberty Street (photo).

The 10:30 mass was canceled after the burglary was discovered.

There was also burglaries reported at the Genesee County Nursing Home and Parkside Manor Apartments.

Detectives say DNA evidence was collected at least one scene in the overnight burglaries.

Three church burglaries were reported July 8 in the city. DNA evidence was collected at least one of those locations.

A person was injured while playing on the ice at Falleti Ice Arena. He's down on the ice, unconscious. City fire is on scene and Mercy medics are responding. The arena is at 22 Evans St.

UPDATE 12:14 p.m.: City police also responded and they are back in service along with the firefighters. Mercy is transporting a male to UMMC.

More than 1,000 people -- when organizers considered 700 fans a good turn out -- showed up at the tractor pull at the Genesee County Fairgrounds on Saturday evening.

Competitors brought their machines -- small, medium and mighty -- to compete in various classes of competition, from stock, street-legal trucks and modified law tractors up to souped-up full-sized tractors.

If you're unable to view the slide show below, click here. To purchase prints of these photos (or previous fair photos) click here.

A 19-year-old Caledonia resident is being charged with three crimes after allegedly throwing an 8-month-old child down onto a chair and obstructing the baby's breathing.

Cody Allen Phillips is charged with reckless endangerment, 2nd, criminal obstruction of breathing and endangering the welfare of a child.

All three charges are misdemeanors.

The alleged incident, possibly in connection with a domestic argument, was reported at 9:30 a.m., Saturday, at a location on Route 20, Alexander.

Phillips was arraigned and jailed on $1,500 bail.