Bill Text: CA SB424 | 2019-2020 | Regular Session | Amended
Bill Title: Tobacco products: single-use and multiuse components.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-06-13 - Referred to Coms. on G.O. and HEALTH. [SB424 Detail]
Download: California-2019-SB424-Amended.html
Amended
IN
Senate
March 28, 2019 |
Senate Bill | No. 424 |
Introduced by Senator Jackson |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a manufacturer or distributor of sharps, or another specified entity, to establish and implement, either on its own or as part of a group of covered entities through membership in a stewardship organization, a stewardship program for the collection, transportation, and disposal of home-generated sharps waste. Existing law requires an entity that establishes and implements that stewardship program to provide to the California State Board of Pharmacy a list of sharps required to be included in the stewardship program, and a list and description of any sharps that are not required to be included, that it sells or offers for sale in the state.
The California Integrated Waste Management Act of 1989 requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of
hypodermic needles and other similar devices to submit annually, on or before July 1, to the Department of Resources Recycling and Recovery a plan that describes how the manufacturer supports the safe collection and proper disposal of the waste devices. The department is required to post and maintain copies of the plans on its Internet Web site.
This bill would require a plan submitted to the department on or after July 1, 2021, to include a description of the number and types of devices sold or distributed in the state by the manufacturer.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 8.55 (commencing with Section 22965) is added to the Business and Professions Code, to read:DIVISION 8.55. Prohibition on Cigarettes Utilizing Single-Use Filters and Single-Use Electronic Cigarettes or Vaporizer Devices
22965.
(a) A person or entity shall not sell, give, or in any way furnish to another person, of any age, in this state, any of the following:22966.
(a) (1) A city attorney, county counsel, or district attorney may assess a civil fine of five hundred dollars ($500) for each violation of Section 22965. Only a city attorney, county counsel, or district attorney may assess the civil fine against each person determined to be in violation of Section 22965.22967.
A city attorney, county counsel, or district attorney acting as an enforcing agency, as defined in subdivision (b) of Section 22950.5, is encouraged, but not required, to develop guidelines for its agency to conduct tobacco control investigations of violations of subdivision (a) of Section 22965 concurrent with investigations of violations of Section 308 of the Penal Code or Division 8.5 (commencing with Section 22950), conducted in accordance with Section 22952, or concurrent with investigations of violations of any tobacco control provisions created by local ordinance in its jurisdiction.SEC. 2.
Chapter 20.5 (commencing with Section 42984) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 20.5. Tobacco Products
42984.
For purposes of this chapter, the following definitions apply:42984.2.
(a) Except as provided in subdivision (b), the manufacturer of a tobacco product shall use materials eligible for recycling under state or local recycling programs, including electronic waste recycling programs, in existence as of January 1, 2020, to make any reusable component of the tobacco product.42984.4.
(a) The department may adopt regulations to implement this chapter.(a)The plan required pursuant to Section 47115 shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following:
(1)Provide for the safe collection and proper disposal of waste devices.
(2)Educate consumers about safe management and collection opportunities.
(3)Support efforts by retailers, pharmaceutical distributors, manufacturers of injection devices, and other partners, including local governments, health care organizations, public health officers, solid waste service providers, and other groups with interest in protecting public health and safety through the safe collection and proper disposal of waste devices.
(b)A plan required pursuant to Section 47115 submitted on or after July 1, 2021, shall also include a description of the number and types of devices sold or distributed in the state by the manufacturer.