BILL NUMBER: SB 966	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Simitian and Kuehl

                        FEBRUARY 23, 2007

   An act to add Chapter 6.9.2 (commencing with Section 25400.50) to
Division 20 of the Health and Safety Code, relating to
pharmaceuticals.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 966, as introduced, Simitian. Pharmaceutical drug disposal.
   (1) Existing law requires the Department of Toxic Substances
Control to take renewal actions with respect to a hazardous substance
that is an illegal controlled substance, a precursor of a controlled
substance, or a material intended to be used in the manufacture of
controlled substances, and the department is authorized to expend
funds appropriated from the Illegal Drug Lab Cleanup Account in the
General Fund for this purpose.
   This bill would require every retailer of pharmaceutical drugs, as
defined, on and after July 1, 2008, to have in place a system for
the acceptance and collection of pharmaceutical drugs for proper
disposal that includes specified elements. The bill would provide
that any person who violates those provisions shall, if convicted, be
guilty of a misdemeanor, and subject to specified civil and criminal
penalties. Because the bill would create a new crime, the bill would
impose a state-mandated local program.
   (2) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Chapter 6.9.2 (commencing with Section 25400.50) is
added to Chapter 4 of Division 20 of the Health and Safety Code, to
read:
      CHAPTER 6.9.2.  PHARMACEUTICAL DRUG DISPOSAL


   25400.50.  The Legislature finds and declares all of the
following:
   (a) 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.
   (b) Exposure, even to low levels of pharmaceuticals, has been
shown to have negative effects on fish and other aquatic species and
may have negative effects on human health.
   (c) In order to reduce the likelihood of improper disposal of
pharmaceuticals, 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 pharmaceutical drugs and may do so
in a way that is convenient for consumers and cost effective for
retailers.
   25400.51.  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
pharmaceutical drug. "Consumer" does not include a business,
corporation, limited partnership, or an entity involved in a
wholesale transaction between a distributor and retailer.
   (b) "Pharmaceutical drug" means a prescription or over-the-counter
drug, including, but not limited to, a drug as defined in Section
109925 or the Federal Food, Drug, and Cosmetic Act, as amended (21
U.S.C. Sec. 321(g)(1)).
   (c) "Retailer" means a person or entity who makes a retail sale of
a pharmaceutical drug to a consumer in this state.
   (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.
   25400.52.  (a) On and after July 1, 2008, every retailer shall
have in place a system for the acceptance and collection of
pharmaceutical drugs for proper disposal.
   (b) A system for the acceptance and collection of pharmaceutical
drugs for proper disposal shall, at a minimum, include all of the
following elements:
   (1) The take-back, at no cost to the consumer, of a pharmaceutical
drug, the type or brand of which the retailer sold or previously
sold.
   (2) A notice to consumers that shall include informational
materials, including, but not limited to, Internet Web site links or
a telephone number, placed on the invoice or purchase order, or
packaged with the pharmaceutical drug, that provide consumers access
to obtain more information about the opportunities and locations for
no-cost pharmaceutical drug recycling.
   (3) Information made available to consumers about pharmaceutical
drug return opportunities provided by the retailer and encouraging
consumers to utilize those opportunities. This information may
include, but is not limited to, one or more of the following:
   (A) Signage that is prominently displayed and easily visible to
the consumer.
   (B) Written materials provided to the consumer at the time of
purchase or delivery, or both.
   (C) Reference to the pharmaceutical drug take-back opportunity in
retailer advertising or other promotional materials, or both.
   (D) Direct communications with the consumer at the time of
purchase.
   (c) If a retailer is participating in an existing pharmaceutical
drug take-back system and the system otherwise complies with the
requirements of this article.
   25400.53.  On and after July 1, 2008, it is unlawful for a
retailer to sell a pharmaceutical drug to a consumer unless the
retailer complies with this article, and any violation of this
section shall be a misdemeanor.
   25400.54.  Notwithstanding any other provision of law, any person
who violates this chapter shall, if convicted, be subject to
imprisonment for not more than one year in the county jail or a fine
of not more than one thousand dollars ($1,000), or both the
imprisonment and fine.
  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.