California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 11 - Product Stewardship › Article 4 - Pharmaceutical and Sharps Waste Stewardship Program › Section 18972.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  otherwise noted, the following definitions shall govern the provisions of this
				  Article and supplement the definitions set forth in Chapter 2, (commencing with
				  section 42030) Part 3, Division 30 of the
				  Public Resources Code:
(1) "Administrative and
				  operational costs" means costs to implement and operate a stewardship program,
				  including, but not limited to, collection, transportation, processing,
				  disposal, and education and outreach costs, as well as administrative costs of
				  operating the stewardship organization, pursuant to section
				  42034
				  of the Public Resources Code.
(2)
				  "Departmental administrative fees" are fees required to be paid pursuant to
				  section
				  42034.2
				  of the Public Resources Code.
(3)
				  "Homebound" has the same meaning as defined in the Medicare Benefit Policy
				  Manual, Chapter 15, 60.4.1 (Chapter revised July 12, 2019, definition issued,
				  effective, and implemented in 2014). The Medicare Benefit Policy Manual,
				  Chapter 15, Section
				  60.4.1 is incorporated herein by
				  reference.
(4) "Homeless" has the
				  same meaning as "homeless individual" as defined in subsection (5)(A) of
				  subdivision (h) of section
				  254 b of Title 42 of the U.S. Code
				  on Public Health and Welfare.
(5)
				  "Home-generated sharps consolidation point" has the same meaning as defined in
				  Division 104, Part 14, Chapter 3, section
				  117904
				  of the Health and Safety Code.
(6)
				  "Local jurisdiction" and "local agency" means a California city, county, city
				  and county, a joint powers authority, or public service district responsible
				  for household hazardous waste or residential waste management planning or
				  services.
(7) "Minutes, books, and
				  records" means complete, correct, and up-to-date information regarding a
				  program operator's transactions and activities related to the operation of the
				  stewardship program.
(8)
				  "Prescription" has the same meaning as defined in Division 2, Chapter 9,
				  section
				  4040
				  of the Business and Professions Code.
(9) "Point of sale" means the point in time
				  at which an ultimate user purchases a covered drug or sharp at a pharmacy or
				  other retailer, including but not limited to an online retailer.
(10) "Provides or initiates distribution of a
				  sharps waste container and mail-back materials" means one of the following:
(A) To provide a sharps waste container and
				  mail-back materials to the ultimate user, at the point of sale or prior, at no
				  cost to the ultimate user; or,
(B)
				  To arrange, at the point of sale or prior, for a sharps waste container and
				  mail-back materials to be sent to the ultimate user and arrive within five
				  business days at no cost or inconvenience to the ultimate user; or,
(C) Other methods of providing a sharps waste
				  container and mail-back materials to the ultimate user at the point of sale or
				  prior, at no cost to the ultimate user, if the method identified in subpart (A)
				  above is not allowed by law and if the method identified in subpart (B) above
				  is not allowed by law. These methods must be approved by the department in a
				  stewardship plan and result in substantially the same level of convenience to
				  the ultimate user as the methods identified in subparts (A) and (B)
				  above.
(11) "Repeal"
				  means to revoke or annul a law or ordinance in its entirety such that any
				  program mandated by the law or ordinance is permanently dissolved. For the
				  purposes of this Article, a modification of an existing law or ordinance does
				  not constitute a repeal unless the changes fundamentally alter the program to
				  the extent that it no longer meets the definition of a "stewardship program" as
				  defined in subdivision (y) of section
				  42030
				  of the Public Resources Code.