Today's Law As Amended


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AB-2371 Pharmaceutical waste management: exemption: over-the-counter drugs and nutritional supplements.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 117748 of the Health and Safety Code is amended to read:

117748.
 (a) “Pharmaceutical waste” means any pharmaceutical, as defined in Section 117747, that is a waste, as defined in Section 25124.
(b) For purposes of this part, “pharmaceutical waste” does not include any pharmaceutical that meets any of the following criteria:
(1) The pharmaceutical is being sent out of the State of California to a reverse distributor, as defined in Section 4040.5 of the Business and Professions Code, that is licensed as a wholesaler of dangerous drugs by the California State Board of Pharmacy pursuant to Section 4161 of the Business and Professions Code.
(2) The pharmaceutical is being sent by a reverse distributor, as defined in Section 4040.5 of the Business and Professions Code, offsite for treatment and disposal in accordance with applicable laws, or to a reverse distributor that is licensed as a wholesaler of dangerous drugs by the California State Board of Pharmacy pursuant to Section 4160 of the Business and Professions Code and as a permitted transfer station if the reverse distributor is located within the State of California.
(3) The pharmaceutical is an over-the-counter human or veterinary drug or dietary supplement that meets the following requirements:
(A) Is offered for sale without a prescription.
(B) Is labeled with information entitled “Drug Facts” or “Supplement Facts,” in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended, (21 U.S.C.A. Sec. 321 et seq.).
(C) Is characterized and managed as either a hazardous waste pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20, or a solid waste pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.
(D) With respect to an over-the-counter human or veterinary drug, is not disposed of on land within the state.
SEC. 2.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to make statutory changes needed to exempt over-the-counter-human and veterinary drugs and dietary supplements from laws regulating the management, handling, and disposal of medical waste, as soon as possible, it is necessary that this act take effect immediately.