SECTIONS 47120-47126 - California Statutes

PUBLIC RESOURCES CODE

SECTION 47120-47126

47120. (a) The Legislature finds and declares all of the following:
(1) The United States Geological Survey conducted a study in 2002
sampling 139 streams across 30 states and found that 80 percent had
measurable concentrations of prescription and nonprescription drugs,
steroids, and reproductive hormones.
(2) Exposure, even to low levels of drugs, has been shown to have
negative effects on fish and other aquatic species and may have
negative effects on human health.
(3) In order to reduce the likelihood of improper disposal of
drugs, it is the purpose of this article to establish a program
through which the public may return and ensure the safe and
environmentally sound disposal of drugs and may do so in a way that
is convenient for consumers.
(b) It is the intent of the Legislature in enacting this article:
(1) To encourage a cooperative relationship between the board and
manufacturers, retailers, and local, state, and federal government
agencies in the board's development of model programs to devise a
safe, efficient, convenient, cost-effective, sustainable, and
environmentally sound solution for the disposal of drugs.
(2) For the programs and systems developed in other local, state,
and national jurisdictions to be used as models for the development
of pilot programs in California, including, but not limited to, the
efforts in Los Angeles, Marin, San Mateo, and Santa Clara Counties,
Oregon, Maine, North Carolina, Washington State, British Columbia,
and Australia.
(3) To develop a system that recognizes the business practices of
manufacturers and retailers and other dispensers and is consistent
with and complements their drug management programs.

47121. For the purposes of this article, the following terms have
the following meanings, unless the context clearly requires
otherwise:
(a) "Consumer" means an individual purchaser or owner of a drug.
"Consumer" does not include a business, corporation, limited
partnership, or an entity involved in a wholesale transaction between
a distributor and retailer.
(b) "Drug" means any of the following:
(1) Articles recognized in the official United States
Pharmacopoeia, the official National Formulary, the official
Homeopathic Pharmacopoeia of the United States, or any supplement of
the formulary or those pharmacopoeias.
(2) Articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or other animals.
(3) Articles, excluding food, intended to affect the structure or
function of the body of humans or other animals.
(4) Articles intended for use as a component of an article
specified in paragraph (1), (2), or (3).
(c) "Participant" means any entity which the board deems
appropriate for implementing and evaluating a model program and which
chooses to participate, including, but not limited to, governmental
entities, pharmacies, veterinarians, clinics, and other medical
settings.
(d) "Sale" includes, but is not limited to, transactions conducted
through sales outlets, catalogs, or the Internet, or any other
similar electronic means, but does not include a sale that is a
wholesale transaction with a distributor or retailer.

47122. (a) (1) The board shall, in consultation with appropriate
state, local, and federal agencies, including, but not limited to,
the Department of Toxic Substances Control, the State Water Resources
Control Board, and the California State Board of Pharmacy, develop
model programs for the collection and proper disposal of drug waste.
Notwithstanding any other provision of law, the board shall
establish, for participants, criteria and procedures for the
implementation of the model programs.
(2) In developing model programs the board shall evaluate a
variety of models used by other state, local, and other governmental
entities, and shall consider a variety of potential participants that
may be appropriate for the collection and disposal of drug waste.
(3) No sooner than July 1, 2008, but no later than December 1,
2008, the board shall make the model programs available to eligible
participants.
(b) The model programs shall at a minimum include all of the
following:
(1) A means by which a participant is required to provide, at no
additional cost to the consumer, for the safe take back and proper
disposal of the type or brand of drugs that the participant sells or
previously sold.
(2) A means by which a participant is required to ensure the
protection of public health and safety, the environment, and the
health and safety of consumers and employees.
(3) A means by which a participant is required to report to the
board for purposes of evaluation of the program for safety,
efficiency, effectiveness, and funding sustainability.
(4) A means by which a participant shall protect against the
potential for the diversion of drug waste for unlawful use or sale.
(c) The model programs shall provide notice and informational
materials for consumers that provide information about the potential
impacts of improper disposal of drug waste and the return
opportunities for the proper disposal of drug waste. Those materials
may include, Internet Web site links, a telephone number placed on an
invoice or purchase order, or packaged with a drug; information
about the opportunities and locations for no-cost drug disposal;
signage that is prominently displayed and easily visible to the
consumer; written materials provided to the consumer at the time of
purchase or delivery; reference to the drug take back opportunity in
advertising or other promotional materials; or direct communications
with the consumer at the time of purchase.
(d) Model programs deemed in compliance with this article shall be
deemed in compliance with state law and regulation concerning the
handling, management, and disposal of drug waste for the purposes of
implementing the model program.
(e) (1) The board may develop regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code that are necessary to implement this article,
including regulations that the department determines are necessary to
implement the provisions of this article in a manner that is
enforceable.
(2) The board may adopt regulations to implement this article as
emergency regulations. The emergency regulations adopted pursuant to
this article shall be adopted by the department in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is hereby deemed an emergency and shall
be considered by the Office of Administrative Law as necessary for
the immediate preservation of the public peace, health, safety, and
general welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
any emergency regulations adopted by the department pursuant to this
section shall be filed with, but not be repealed by, the Office of
Administrative Law and shall remain in effect for a period of two
years or until revised by the department, whichever occurs sooner.

47123. Notwithstanding Section 7550.5 of the Government Code, no
later than December 1, 2010, the board shall report to the
Legislature. The report shall include an evaluation of the model
programs for efficacy, safety, statewide accessibility, and cost
effectiveness. The report shall include the consideration of the
incidence of diversion of drugs for unlawful sale and use, if any.
The report also shall provide recommendations for the potential
implementation of a statewide program and statutory changes.

47124. This article shall not apply to a controlled substance, as
defined in Section 11007 of the Health and Safety Code.

47125. Nothing in this article shall limit or affect any other
right or remedy under any applicable law.

47126. This article shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.