reglab/housing_qa huggingface dataset:
WA Rev Code § 69.48.010 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.010 - Findings.

RCW 69.48.010 Findings.(1) Abuse, fatal overdoses, and poisonings from prescription and over-the-counter medicines used in the home have emerged as an epidemic in recent years. Poisoning is the leading cause of unintentional injury-related death in Washington, and more than ninety percent of poisoning deaths are due to drug overdoses. Poisoning by prescription and over-the-counter medicines is also one of the most common means of suicide and suicide attempts, with poisonings involved in more than twenty-eight thousand suicide attempts between 2004 and 2013.(2) Home medicine cabinets are the most common source of prescription drugs that are diverted and misused. Studies find about seventy percent of those who abuse prescription medicines obtain the drugs from family members or friends, usually for free. People who are addicted to heroin often first abused prescription opiate medicines. Unused, unwanted, and expired medicines that accumulate in homes increase risks of drug abuse, overdoses, and preventable poisonings.(3) A safe system for the collection and disposal of unused, unwanted, and expired medicines is a key element of a comprehensive strategy to prevent prescription drug abuse, but disposing of medicines by flushing them down the toilet or placing them in the garbage can contaminate groundwater and other bodies of water, contributing to long-term harm to the environment and animal life.(4) The legislature therefore finds that it is in the interest of public health to establish a single, uniform, statewide system of regulation for safe and secure collection and disposal of medicines through drug "take-back" programs operated and funded by drug manufacturers.[ 2021 c 155 § 1; 2018 c 196 § 1.]NOTES:Sunset Act application: See note following chapter digest.Findings—Intent—2021 c 155: "(1) The legislature finds that in 2018, the legislature passed Engrossed Substitute House Bill No. 1047, which required drug manufacturers that sell drugs into Washington to operate a drug take-back program to collect and dispose of prescription and over-the-counter drugs. Further, the legislature finds that there is uncertainty about whether, under current law, more than one drug take-back program may operate.(2) Therefore, the legislature intends to clearly authorize the department of health to approve and allow the operation of multiple drug take-back programs that meet all statutory requirements." [ 2021 c 155 § 2.]
WA Rev Code § 69.48.030 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.030 - Requirement to participate in a drug take-back program.

RCW 69.48.030 Requirement to participate in a drug take-back program.A covered manufacturer must establish and implement a drug take-back program that complies with the requirements of this chapter. A manufacturer that becomes a covered manufacturer after June 7, 2018, must, no later than six months after the date on which the manufacturer became a covered manufacturer, participate in an approved drug take-back program or establish and implement a drug take-back program that complies with the requirements of this chapter. A covered manufacturer may establish and implement a drug take-back program independently, as part of a group of covered manufacturers, or through membership in a drug take-back organization.[ 2018 c 196 § 3.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.040 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.040 - Identification of covered manufacturers.

RCW 69.48.040 Identification of covered manufacturers.(1) No later than ninety days after June 7, 2018, a drug wholesaler that sells a drug in or into Washington must provide a list of drug manufacturers to the department in a form agreed upon with the department. A drug wholesaler must provide an updated list to the department on January 15th of each year.(2) No later than ninety days after June 7, 2018, a retail pharmacy, private label distributor, or repackager must provide written notification to the department identifying the drug manufacturer from which the retail pharmacy, private label distributor, or repackager obtains a drug that it sells under its own label.(3) A person or entity that receives a letter of inquiry from the department regarding whether or not it is a covered manufacturer under this chapter shall respond in writing no later than sixty days after receipt of the letter. If the person or entity does not believe it is a covered manufacturer for purposes of this chapter, it shall: (a) State the basis for the belief; (b) provide a list of any drugs it sells, distributes, repackages, or otherwise offers for sale within the state; and (c) identify the name and contact information of the manufacturer of the drugs identified under (b) of this subsection.[ 2018 c 196 § 4.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.080 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.080 - Disposal and handling of covered drugs.

RCW 69.48.080 Disposal and handling of covered drugs.(1) Covered drugs collected under a drug take-back program must be disposed of at a permitted hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as they exist on June 7, 2018.(2) If use of a hazardous waste disposal facility described in subsection (1) of this section is unfeasible based on cost, logistics, or other considerations, the department, in consultation with the department of ecology, may grant approval for a program operator to dispose of some or all collected covered drugs at a permitted large municipal waste combustor facility that meets the requirements of 40 C.F.R. parts 60 and 62, as they exist on June 7, 2018.(3) A program operator may petition the department for approval to use final disposal technologies or processes that provide superior environmental and human health protection than that provided by the technologies described in subsections (1) and (2) of this section, or equivalent protection at less cost. In reviewing a petition under this subsection, the department shall take into consideration regulations or guidance issued by the United States environmental protection agency on the disposal of pharmaceutical waste. The department, in consultation with the department of ecology, shall approve a disposal petition under this section if the disposal technology or processes described in the petition provides equivalent or superior protection in each of the following areas:(a) Monitoring of any emissions or waste;(b) Worker health and safety;(c) Air, water, or land emissions contributing to persistent, bioaccumulative, and toxic pollution; and(d) Overall impact to the environment and human health.(4) If a drug take-back program encounters a safety or security problem during collection, transportation, or disposal of covered drugs, the program operator must notify the department as soon as practicable after encountering the problem.[ 2018 c 196 § 8.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.090 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.090 - Program funding.

RCW 69.48.090 Program funding.(1) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which they participate. Such administrative and operational costs include, but are not limited to: Collection and transportation supplies for each collection site; purchase of secure collection receptacles for each collection site; ongoing maintenance or replacement of secure collection receptacles when requested by authorized collectors; prepaid, preaddressed mailers; compensation of authorized collectors, if applicable; operation of periodic collection events, including the cost of law enforcement staff time; transportation of all collected covered drugs to final disposal; environmentally sound disposal of all collected covered drugs in compliance with RCW 69.48.080; and program promotion and outreach.(2) A program operator, covered manufacturer, authorized collector, or other person may not charge:(a) A specific point-of-sale fee to consumers to recoup the costs of a drug take-back program; or(b) A specific point-of-collection fee at the time covered drugs are collected from covered entities.[ 2018 c 196 § 9.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.100 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.100 - Annual program report.

RCW 69.48.100 Annual program report.(1) By July 1st after the first full year of implementation, and each July 1st thereafter, a program operator must submit to the department a report describing implementation of the drug take-back program during the previous calendar year. The report must include:(a) A list of covered manufacturers participating in the drug take-back program;(b) The amount, by weight, of covered drugs collected, including the amount by weight from each collection method used;(c) The following details regarding the program's collection system: A list of collection sites with addresses; the number of mailers provided; locations where mailers were provided, if applicable; dates and locations of collection events held, if applicable; and the transporters and disposal facility or facilities used;(d) Whether any safety or security problems occurred during collection, transportation, or disposal of covered drugs, and if so, completed and anticipated changes to policies, procedures, or tracking mechanisms to address the problem and improve safety and security;(e) A description of the public education, outreach, and evaluation activities implemented;(f) A description of how collected packaging was recycled to the extent feasible;(g) A summary of the program's goals for collection amounts and public awareness, the degree of success in meeting those goals, and if any goals have not been met, what effort will be made to achieve those goals the following year; and(h) The program's annual expenditures, itemized by program category.(2) Within thirty days after each annual period of operation of an approved drug take-back program, the program operator shall submit an annual collection amount report to the department that provides the total amount, by weight, of covered drugs collected from each collection site during the prior year.(3) The department shall make reports submitted under this section available to the public through the internet.[ 2018 c 196 § 10.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.110 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.110 - Enforcement and penalties.

RCW 69.48.110 Enforcement and penalties.(1) The department may audit or inspect the activities and records of a drug take-back program to determine compliance with this chapter or investigate a complaint.(2)(a) The department shall send a written notice to a covered manufacturer that fails to participate in a drug take-back program as required by this chapter. The notice must provide a warning regarding the penalties for violation of this chapter.(b) A covered manufacturer that receives a notice under this subsection (2) may be assessed a penalty if, sixty days after receipt of the notice, the covered manufacturer continues to sell a covered drug in or into the state without participating in a drug take-back program approved under this chapter.(3)(a) The department may send a program operator a written notice warning of the penalties for noncompliance with this chapter if it determines that the program operator's drug take-back program is in violation of this chapter or does not conform to the proposal approved by the department. The department may assess a penalty on the program operator and participating covered manufacturers if the program does not come into compliance by thirty days after receipt of the notice.(b) The department may immediately suspend operation of a drug take-back program and assess a penalty if it determines that the program is in violation of this chapter and the violation creates a condition that, in the judgment of the department, constitutes an immediate hazard to the public or the environment.(4)(a) The department shall send a written notice to a drug wholesaler or a retail pharmacy that fails to provide a list of drug manufacturers to the department as required by RCW 69.48.040. The notice must provide a warning regarding the penalties for violation of this chapter.(b) A drug wholesaler or retail pharmacy that receives a notice under this subsection may be assessed a penalty if, sixty days after receipt of the notice, the drug wholesaler or retail pharmacy fails to provide a list of drug manufacturers.(5) In enforcing the requirements of this chapter, the department:(a) May require an informal administrative conference;(b) May require a person or entity to engage in or refrain from engaging in certain activities pertaining to this chapter;(c) May, in accordance with RCW 43.70.095, assess a civil fine of up to two thousand dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation. In determining the appropriate amount of the fine, the department shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the entity in violation; and(d) May not prohibit a covered manufacturer from selling a drug in or into the state of Washington.[ 2018 c 196 § 11.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.120 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.120 - Department to set program fees.

RCW 69.48.120 Department to set program fees.(1)(a) The department shall: Determine its costs for the administration, oversight, and enforcement of the requirements of this chapter, including, but not limited to, a fee for proposal review, and the survey required under RCW 69.48.200; pursuant to RCW 43.70.250, set fees at a level sufficient to recover the costs associated with administration, oversight, and enforcement; and adopt rules establishing requirements for program operator proposals.(b) The department shall not impose any fees in excess of its actual administrative, oversight, and enforcement costs. The fees collected from each program operator in calendar year 2020 and any subsequent year may not exceed ten percent of the program's annual expenditures as reported to the department in the annual report required by RCW 69.48.100 and determined by the department.(c) Adjustments to the department's fees may be made annually and shall not exceed actual administration, oversight, and enforcement costs. Adjustments for inflation may not exceed the percentage change in the consumer price index for all urban consumers in the United States as calculated by the United States department of labor as averaged by city for the twelve-month period ending with June of the previous year.(d) The annual fee set by the department shall be evenly split amongst each approved program operator.(e) The department shall collect annual operating fees from each program operator by October 1, 2019, and annually thereafter.(f) Between July 25, 2021, and January 1, 2024, the department shall collect a nonrefundable one-time fee of $157,000 for review of proposals from each potential program operator applicant as provided in RCW 69.48.050.(2) All fees collected under this section must be deposited in the secure drug take-back program account established in RCW 69.48.130.[ 2021 c 155 § 5; 2018 c 196 § 12.]NOTES:Sunset Act application: See note following chapter digest.Findings—Intent—2021 c 155: See note following RCW 69.48.010.
WA Rev Code § 69.48.130 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.130 - Secure drug take-back program account.

RCW 69.48.130 Secure drug take-back program account.The secure drug take-back program account is created in the state treasury. All receipts received by the department under this chapter must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department only for administering and enforcing this chapter.[ 2018 c 196 § 13.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.140 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.140 - Antitrust immunity.

RCW 69.48.140 Antitrust immunity.The activities authorized by this chapter require collaboration among covered manufacturers. These activities will enable safe and secure collection and disposal of covered drugs in Washington state and are therefore in the best interest of the public. The benefits of collaboration, together with active state supervision, outweigh potential adverse impacts. Therefore, the legislature intends to exempt from state antitrust laws, and provide immunity through the state action doctrine from federal antitrust laws, activities that are undertaken, reviewed, and approved by the department pursuant to this chapter that might otherwise be constrained by such laws. The legislature does not intend and does not authorize any person or entity to engage in activities not provided for by this chapter, and the legislature neither exempts nor provides immunity for such activities.[ 2018 c 196 § 14.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.150 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.150 - Federal law, effect on this chapter.

RCW 69.48.150 Federal law, effect on this chapter.This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection of covered drugs that substantially meets the intent of this chapter, including the creation of a funding mechanism for collection, transportation, and proper disposal of all covered drugs in the United States.[ 2018 c 196 § 15.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.160 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.160 - Local ordinances—Grandfathering—Preemption.

RCW 69.48.160 Local ordinances—Grandfathering—Preemption.(1)(a) For a period of twelve months after a drug take-back program approved under RCW 69.48.050 begins operating, a county may enforce a grandfathered ordinance. During that twelve-month period, if a county determines that a covered manufacturer is in compliance with its grandfathered ordinance, the department shall find the covered manufacturer in compliance with the requirements of this chapter with respect to that county.(b) In any county enforcing a grandfathered ordinance as described in (a) of this subsection, the program operator of an approved drug take-back program must work with the county and the department to incorporate the local program into the approved drug take-back program on or before the end of the twelve-month period.(2) After June 7, 2018, a political subdivision may not enact or enforce a local ordinance that requires a retail pharmacy, clinic, hospital, or local law enforcement agency to provide for collection and disposal of covered drugs from covered entities.(3) At the end of the twelve-month period provided in subsection (1) of this section, this chapter preempts all existing or future laws enacted by a county, city, town, or other political subdivision of the state regarding a drug take-back program or other program for the collection, transportation, and disposal of covered drugs, or promotion, education, and public outreach relating to such a program.(4) For purposes of this section, "grandfathered ordinance" means a pharmaceutical product stewardship or drug take-back ordinance that: (a) Is in effect on June 7, 2018; and (b) the department determines meets or exceeds the requirements of this chapter with respect to safe and secure collection and disposal of unwanted medicines from residents, including the types of drugs covered by the program, the convenience of the collection system for residents, and required promotion of the program.[ 2018 c 196 § 16.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.170 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.170 - Public disclosure.

RCW 69.48.170 Public disclosure.Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270. The department may use and disclose such information in summary or aggregated form that does not directly or indirectly identify financial, production, or sales data of an individual covered manufacturer or drug take-back organization.[ 2018 c 196 § 17.]NOTES:Sunset Act application: See note following chapter digest.
WA Rev Code § 69.48.180 (2021)
2021 Revised Code of Washington|Title 69 - Food, Drugs, Cosmetics, and Poisons|Chapter 69.48 - Drug Take-Back Program.|69.48.180 - Rule making.

RCW 69.48.180 Rule making.The department shall adopt any rules necessary to implement and enforce this chapter.[ 2018 c 196 § 18.]NOTES:Sunset Act application: See note following chapter digest.