Current through Register 2024 Notice Reg. No. 38, September 20, 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.
1. New article 4 (sections 18972.1-18975.2) and section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42031, 42031.2, 42031.4, 42031.6, 42032, 42032.2, 42033, 42033.2, 42033.4, 42033.5, 42033.6, 42034, 42034.2, 42034.4, 42035, 42035.2, 42035.4, 42035.6, 42035.8, 42036, 42036.2 and 42036.4, Public Resources Code; Medicare Benefit Policy Manual, Chapter 15, 60.4.1; 42 U.S.C. Section 254b, U.S. Code on Public Health and Welfare; Section 117904, Health and Safety Code; and Section 4040, Business and Professions Code.
