San Luis Obispo County Municipal Code Ch. 8.97 Home-Generated Unwanted Prescription Medicine Disposal Program

For the purpose of this chapter, the following words and phrases are defined, and shall be construed as set out in this chapter:

"Consumer" means a person who has lawfully obtained, and who possesses, a prescription drug for personal use or the use of a member of the person's household or for an animal owned by the person or by a member of the person's household and who resides in the county.

"Controlled substance" for purposes of this section shall mean any substance listed under California Health and Safety Code Sections 11053 through 11058 or Title 21 of the United States Code, Sections 812 and 813 or any successor legislation.

"County" means the geographic area that includes the unincorporated area of San Luis Obispo County, California.

"Drugs" means: (i) articles recognized in the official United States pharmacopoeia, the official national formulary, the official homeopathic pharmacopoeia of the United States, or any supplement of the formulary or those pharmacopoeias; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (iii) substances, other than food, intended to affect the structure or any function of the body of humans or other animals.

"Nonprescription drugs" means any drug that may be lawfully sold without a prescription.

"Prescription drugs" means any drug that by federal or state law may be dispensed lawfully only by prescription, including controlled substances, scheduled II, III, IV and V.

"Retail pharmacy" means any retail store which sells prescription drugs to a consumer.

(Ord. No. 3461, § 2, 11-16-21)

(a) Every retail pharmacy in the county shall provide consumers with a mail back program and/or collection receptacle program to dispose of unwanted prescription drugs consistent with state and federal laws. The retail pharmacy shall not charge the consumer to use either the mail back program or collection receptacle program. The retail pharmacy shall have appropriate signage, prominently displayed within five feet of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail pharmacy has a program for the management of unwanted prescription drugs.

(b) Mail Back Program. A retail pharmacy is required to provide prepaid and preaddressed mailing envelopes in which the consumer can place unwanted prescription drugs for shipment to a company that will dispose of them safely and legally.

(1) The retail pharmacy is required to offer a mail back envelope at the time of purchase of any prescription drug by a consumer. If the consumer wants a mail back envelope, one will be provided at that time at no cost to the consumer.

(2) The retail pharmacy is required to provide a mail back envelope to a consumer who had previously obtained prescription drugs from the retail pharmacy. The mail back envelope will be provided at no cost to the consumer.

(3) The retail pharmacy is required to only provide one envelope per month to a retail customer.

(c) Collection Receptacle Program. The retail pharmacy is required to install a collection receptacle for use by consumers during the retail pharmacy's normal hours of operations. Consumers shall be allowed to dispose of unwanted prescription drugs in the collection receptacle at no cost to the consumer. Consumers shall also be allowed to dispose of nonprescription drugs in the collection receptacle. Retail pharmacies shall routinely empty the collection receptacle so that it is not full.

(Ord. No. 3461, § 2, 11-16-21)

Any violation of any provision of this Chapter 8.97 shall constitute a "violation" under Section 1.05.020 of this code. All of the provisions of Chapter 1.05, Administrative Fines, shall be applicable to a violation of any provision of this Chapter 8.97.

(Ord. No. 3461, § 2, 11-16-21)