CHAPTER 2. Pharmaceutical and Sharps Waste Stewardship

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

§§ 42030–42036.4 · 23 sections

1. ARTICLE 1. Definitions § 42030 · 1 section

   • § 42030 For purposes of this chapter, the following terms have the following meanings: (a) “Authorized collection site” means a location where an authorized collector…
2. ARTICLE 2. Covered Entities and Stewardship Organizations §§ 42031–42031.6 · 4 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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,…
3. ARTICLE 3. Stewardship Plans §§ 42032–42032.2 · 2 sections

   • § 42032 (a) (1) Within six months of the adoption date of regulations by the department pursuant to Section 42031.2, a program operator shall submit to the department…
   • § 42032.2 (a) (1) To be complete, a stewardship plan for covered drugs shall do all of the following: (A) Identify and provide contact information for the stewardship…
4. ARTICLE 4. Reports, Budgets, and Records §§ 42033–42033.6 · 5 sections

   • § 42033 With the submission of a stewardship plan, a program operator shall submit to the department an initial stewardship program budget for the first five calendar…
   • § 42033.2 (a) On or before March 31, 2022, and each year thereafter, a program operator shall prepare and submit to the department both of the following: (1) A written…
   • § 42033.4 (a) A program operator shall keep minutes, books, and records that clearly reflect the activities and transactions of the program operator’s stewardship…
   • § 42033.5 For a local jurisdiction that requests removal of home-generated sharps waste or cost recovery or reimbursement for removal pursuant to Section 42032.2, the…
   • § 42033.6 As part of the administration of this chapter, within 12 months of a program operator’s submission of three consecutive complete annual reports submitted…
5. ARTICLE 5. Financial Provisions §§ 42034–42034.4 · 3 sections

   • § 42034 In order to further the objective that covered entities establish and implement stewardship programs that comply with the requirements of this chapter, each…
   • § 42034.2 (a) (1) On or before the end of the 2022–23 fiscal year, and on March 1 and September 1 of each year thereafter, a program operator shall pay to the department…
   • § 42034.4 (a) (1) A stewardship organization may conduct an audit of covered entities that are required to remit a charge or administrative fee to the stewardship…
6. ARTICLE 6. Enforcement §§ 42035–42035.8 · 5 sections

   • § 42035 (a) (1) On or before June 30, 2022, and at least annually thereafter, the department shall post on its Internet Web site a list of stewardship organizations,…
   • § 42035.2 (a) (1) The department may impose an administrative penalty on any covered entity, program operator, stewardship organization, or authorized collector that…
   • § 42035.4 Upon a written finding that a covered entity, program operator, stewardship organization, or authorized collector has not met a material requirement of this…
   • § 42035.6 (a) A covered entity, stewardship organization, program operator, retail pharmacy, or retail pharmacy chain shall do both of the following: (1) Upon request,…
   • § 42035.8 All handling, transport, and disposal undertaken as part of a stewardship program under this chapter shall comply with applicable state and federal laws,…
7. ARTICLE 7. Miscellaneous Provisions §§ 42036–42036.4 · 3 sections

   • § 42036 (a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a stewardship organization or a covered entity pursuant to…
   • § 42036.2 (a) This chapter does not apply to a drug or sharp within a jurisdiction that is subject to a local stewardship program pursuant to an ordinance that took…
   • § 42036.4 Proprietary information submitted to the department under this chapter shall be protected by all parties as confidential and shall be exempt from public…