Code Section Group

Public Resources Code - PRC

DIVISION 30. WASTE MANAGEMENT [40000 - 49620]

  ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. )

PART 3. STATE PROGRAMS [42000 - 42999]

  ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. )

CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship [42030 - 42036.4]

  ( Chapter 2 added by Stats. 2018, Ch. 1004, Sec. 1. )

ARTICLE 2. Covered Entities and Stewardship Organizations [42031 - 42031.6]
  ( Article 2 added by Stats. 2018, Ch. 1004, Sec. 1. )

42031.
  

(a) (1) No later than 90 days after the effective date of this section, a covered entity shall provide a list of covered products, and a list and description of any drugs or sharps that are not covered products, that it sells or offers for sale in the state to the state board.

(2) A covered entity, or a stewardship organization on behalf of a group of covered entities, shall update the lists described in paragraph (1) and provide the updated lists to the state board on or before January 15 of each year or upon request of the department.

(b) No later than 90 days after the effective date of this section, a retail pharmacy that sells a covered product under its own label shall provide written notification to the state board identifying the covered entity from which the retail pharmacy obtains a covered product that the retail pharmacy sells under its store label.

(c) The state board shall verify the information received pursuant to subdivisions (a) and (b) and make it available to the department upon request.

(d) The state board may issue a letter of inquiry to any entity listed in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (f) of Section 42030 requesting a list of all drugs and sharps it distributes in California, regardless of whether the drugs or sharps are covered under this chapter, the name of the manufacturer of such products, and any additional information necessary to carry out this chapter. An entity that is issued a letter of inquiry pursuant to this subdivision shall respond in writing no later than 60 days after receipt of the letter. Responses to those inquiries may be shared with the department, but are otherwise deemed proprietary and exempt from disclosure. If the entity does not believe it is a covered entity for purposes of this chapter, it shall submit all of the following to the state board in response to the letter of inquiry:

(1) The basis for the claim that it is not a covered entity.

(2) A list of any drugs and sharps it sells, distributes, repackages, or otherwise offers for sale within the state.

(3) If applicable, the name and contact information of the person or entity from which it obtains a drug or sharp identified pursuant to paragraph (2).

(e) The state board shall obtain and verify and, within 30 days of receipt or upon request by the department, submit to the department a list of drugs and sharps sold or offered for sale in the state excluded from the definition of “covered drugs” pursuant to paragraph (2) of subdivision (e) of Section 42030 or excluded from the definition of “home-generated sharps waste” in subdivision (l) of Section 42030.

(f) Notwithstanding Section 42036.4, information submitted by the state board to the department under this chapter may include proprietary information.

(g) The state board shall notify the department if any covered entity or stewardship organization is in violation of this section for purposes of enforcement by the department.

(Amended by Stats. 2019, Ch. 497, Sec. 230. (AB 991) Effective January 1, 2020.)

42031.2.
  

(a) The department shall adopt regulations for the implementation of this chapter with an effective date of no later than January 1, 2021.

(b) The state board may adopt regulations for the administration of the portions of this chapter for which it has been given responsibilities.

(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)

42031.4.
  

(a) Except as specified in subdivision (d) of Section 42035, a covered entity is not in compliance with this chapter and is subject to penalties pursuant to Article 6 (commencing with Section 42035) if, commencing one year from the adoption of regulations pursuant to Section 42031.2, a covered product sold or offered for sale by the covered entity is not subject to an approved stewardship plan, which is submitted by the covered entity or by a stewardship organization that includes the covered entity, that has been approved by the department pursuant to Section 42032.

(b) In order to comply with the requirements of this chapter, a covered entity may establish and implement a stewardship program independently, or as part of a group of covered entities through membership in a stewardship organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 (21 U.S.C. Sec. 501(c)(3)).

(Amended by Stats. 2019, Ch. 497, Sec. 231. (AB 991) Effective January 1, 2020.)

42031.6.
  

(a) A program operator shall conduct a comprehensive education and outreach program intended to promote participation in the stewardship program. At a minimum, the education and outreach program shall do all of the following:

(1) Promote its stewardship program to ultimate users by providing signage for hospitals, pharmacies, and other locations, as necessary.

(2) Provide educational and outreach materials for persons authorized to prescribe drugs, pharmacies, pharmacists, ultimate users, and others, as necessary.

(3) Establish an Internet Web site that publicizes the location of authorized collectors and provides other information intended to promote the use of the stewardship program.

(4) Prepare and provide additional outreach materials not specified in this section, as needed to promote the collection and proper management of covered drugs and home-generated sharps waste.

(5) Encourage ultimate users to separate products that are not covered products from covered products, when appropriate, before submitting the covered products to an authorized collection site or mail-back program.

(b) A program operator shall not, as part of the education and outreach program, promote the disposal of a covered product in a manner inconsistent with the services offered to ultimate users by the stewardship program.

(Added by Stats. 2018, Ch. 1004, Sec. 1. (SB 212) Effective January 1, 2019.)

PRCPublic Resources Code - PRC2