Bill Text: CA SB423 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Surplus household consumer product waste: management.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 771, Statutes of 2016. [SB423 Detail]

Download: California-2015-SB423-Amended.html

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BILL NUMBER: SB 423	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  JULY 6, 2015
	AMENDED IN SENATE  JUNE 3, 2015

INTRODUCED BY   Senator Bates

                        FEBRUARY 25, 2015

   An act to add and repeal Article 11.2 (commencing with Section
25230) of Chapter 6.5 of Division 20 of the Health and Safety Code,
relating to hazardous waste, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 423, as amended, Bates. Retail nonprescription surplus
products: determinations for reuse.
   Existing law, the Medical Waste Management Act, administered by
the State Department of Public Health, regulates the management,
handling, and disposal of medical waste, as defined, including
pharmaceutical waste. Existing law also provides for the disposition
of hazardous  waste.   waste by the Department
of Toxic Substances Control.  A violation of these provisions is
a crime.
   This bill, until January 1, 2022, would establish criteria to be
followed for the handling and management of retail nonprescription
pharmaceutical surplus products, as defined, if a reasonable
determination for reuse has been made or when a reasonable
determination for reuse cannot be made but the product has been
recalled as required by law. The bill would authorize the State
Department of Public Health to adopt regulations as deemed necessary
to establish standards for the proper and safe handling of retail
nonprescription pharmaceutical surplus products.
   Because a violation of these provisions would be a crime, this
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 11.2 (commencing with Section 25230) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:


      Article 11.2.  Nonprescription Pharmaceutical Surplus Products


   25230.  (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
management of retail nonprescription pharmaceutical surplus products
that potentially can be safely diverted from the waste stream for
reuse, if appropriate. The Legislature further declares that this
section shall not be construed to set a precedent applicable to the
management, including disposal, of other hazardous or medical wastes.

   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Retail nonprescription pharmaceutical surplus product" means
a pharmaceutical, as that term is defined in Section 117747, that may
be sold without a prescription and that is labeled for use by the
consumer in accordance with the requirements of the laws and rules of
this state and the federal government, defined as a nonprescription
drug in Article 2 (commencing with Section 4015) of Chapter 9 of
Division 2 of the Business and Professions Code, in which a waste
generator has made a reasonable determination for reuse. A retail
nonprescription pharmaceutical surplus product does not include waste
that is subject to regulation as a hazardous waste under the federal
Resource Conservation and Recovery Act of 1976, as amended (42
U.S.C. Sec. 6901 et seq.).
   (2) "Reasonable determination for reuse" means, upon removal of a
retail nonprescription pharmaceutical surplus product from sale, a
generator who has evaluated the product and makes a finding that the
product meets all of the following criteria:
   (A) The product is in unadulterated packaging.
   (B) The product and packaging are in a condition that is suitable
for resale.
   (C) The product is not designated for disposal by the manufacturer
or the manufacturer's agent.
   (D) The product is otherwise eligible for liquidation or donation.

   (3) "Reverse distributor" or "reverse distribution center" has the
same meaning as set forth in Section 4040.5 of the Business and
Professions Code that satisfies all of the following:
   (A) 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.
   (B) Is permitted by the  department   State
Department of Public Health  as a transfer station, if the
reverse distributor is located within the State of California.
   (C) Is registered with the Department of Toxic Substances Control
and any other appropriate state and local agencies as a hazardous
waste generator, transfer facility, or storage facility.
   (D) Complies with handling, storage, training, emergency response,
and recordkeeping requirements, and any other applicable
requirements.
   (c) Notwithstanding Sections 25189.5, 25201, and 117747, if a
reasonable determination for reuse has been made, a retail
nonprescription pharmaceutical surplus product may be handled in
accordance with all of the following:
   (1) The retail nonprescription pharmaceutical surplus product
shall be transported to a reverse distributor or reverse distribution
center for any of the following purposes:
   (A) Evaluating the manufacturer's or supplier's credit or other
financial reconciliation.
   (B) Liquidation.
   (C) Donation.
   (D) Transferring back to a manufacturer, distributor, or supplier,
or its respective agent.
   (2) The retail nonprescription pharmaceutical surplus product
shall be transported with a tracking document that identifies all of
the following information:
   (A) The product, the UPC label, and the lot number.
   (B) Name, address, and telephone number of the generator of the
waste.
   (C) Name, address, and telephone number of the reverse distributor
or reverse distribution center receiving the shipment.
   (D) The purpose for which the retail nonprescription
pharmaceutical surplus product is being shipped to the reverse
distributor or reverse distribution center.
   (3) Shipments of retail nonprescription pharmaceutical surplus
products to a reverse distributor or a reverse distribution center
shall be made via a transporter registered with the United States
Department of Transportation Federal Motor Carrier Safety
Administration. Transporters shall use due diligence to ensure safe
handling, which includes, but is not limited to, ensuring that the
packaging does not become damaged or adulterated during shipment and
that the shipment is handled in appropriate moisture and temperature
conditions.
   (4) The reverse distributor or reverse distribution center shall
do all of the following:
   (A) Maintain the specified tracking documents for a period of
three years following receipt date of a shipment and shall make those
documents available for inspection by any applicable enforcement
agencies.
   (B) Submit a hazardous materials business plan to the appropriate
state and local agencies, as required by Article 1 (commencing with
Section 25500) of Chapter 6.95 and any regulations promulgated by
either the  department   Department of Toxic
Substances Control  or any certified unified program agency.
   (d) A retail nonprescription pharmaceutical surplus product that
has been transported to a reverse distributor or reverse distribution
center for any of the purposes listed in paragraph (1) of
subdivision (c) shall not be stored or held at the reverse
distributor or reverse distribution center for more than 364 calendar
days. A retail nonprescription pharmaceutical surplus product held
or stored for 365 or more days shall immediately be considered waste
and, if hazardous, managed in accordance with applicable federal and
state hazardous waste management laws and regulations.
   (e) Notwithstanding Sections 25189.5, 25201, and 117747, the
provisions of subdivision (c) may be used for a retail
nonprescription pharmaceutical surplus product for which a reasonable
determination for reuse cannot be made if the product has been
recalled as required by law, including safety recalls for secure
destruction.
   (f) The  department   State Department of
Public Health  may adopt regulations as deemed necessary to
establish standards for the proper and safe handling of retail
nonprescription pharmaceutical surplus products. 
   (g) A facility that elects to manage its retail nonprescription
pharmaceutical surplus products pursuant to this article is not
subject to regulation of those products under either the Medical
Waste Management Act (Part 14 (commencing with Section 117600) of
Division 104) or any other provision of this chapter.  
   (g) 
    (h)  This article shall remain in effect only until
January 1, 2022, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2022, deletes or
extends that date.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 3.  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 address the unique
circumstances associated with the management, handling, and
reasonable determination of reuse or retail nonprescription
pharmaceutical surplus products as soon as possible, it is necessary
that this act take effect immediately.