§ 418-16.206. Producers.

A producer shall satisfy all of the obligations set forth in this section, either individually, jointly with other producers, or by and through a stewardship organization:

(a)

Notice of Intent.

(1)

Within six months after the effective date of this chapter, a producer shall provide written notice to the health officer of the producer's intent to participate in a stewardship program.

(2)

Within six months after the commencement of sale or distribution in the unincorporated area of the county of a covered drug manufactured by the producer, a producer that has not submitted the notice described in subsection (a)(1) shall submit that notice to the health officer.

(b)

Identification of Operator.

(1)

Within nine months of the effective date of this chapter, a producer shall provide written notice to the health officer of the name of, and contact information for, a person who operates or will operate a stewardship program in which the producer intends to participate.

(2)

Within nine months of commencement of sale or distribution in the unincorporated area of the county of a covered drug manufactured by the producer, a producer who has not submitted the notice described in subsection (b)(1) shall submit that notice to the health officer.

(c)

Notification to Retail Pharmacies and Law Enforcement.

(1)

Within nine months after the effective date of this chapter, a producer shall provide written notices to all retail pharmacies located in the county and all law enforcement agencies with jurisdiction in the county of the opportunity to participate as collectors. The notice must explain the process for entering into an agreement to participate in the stewardship program.

(2)

Within nine months of commencement of sale in the unincorporated area of the county of a covered drug manufactured by the producer, a producer who has not provided the notices described in subsection (c)(1) shall provide those notices to the designated recipients.

(3)

Annually after providing the notices required under subsections (c)(1) or (c)(2), a producer shall provide the same notices to all nonparticipating or new retail pharmacies located in the county.

(d)

Plan Submission; Fee.

(1)

Within one year after the effective date of this chapter, a producer shall submit to the health officer a stewardship plan that conforms to the requirements set forth in Section 418-16.208, together with payment of a fee established by the board by resolution.

(2)

Within one year after commencement of sale in the unincorporated area of the county of a covered drug manufactured by the producer, a producer who has not submitted a stewardship plan under subsection (d)(1) shall submit to the health officer a stewardship plan that conforms to the requirements set forth in Section 418-16.208, together with payment of a fee established by the board by resolution. If a producer seeks to participate in an existing approved stewardship program in lieu of commencing a new stewardship program, the plan required by this subsection must be an amended stewardship plan, and the amended stewardship plan must be submitted by all of the producers identified in the amended plan.

(e)

Plan Implementation.

(1)

Except as set forth in subsection (e)(2), within ninety days after the health officer's approval of a stewardship plan under subsection 418-16.210(b), a producer shall implement the plan by commencing operation of the stewardship program described in the plan. Commencement of operations of an approved stewardship program must include:

(A)

Establishment of the drop-off sites and mail-back services identified in the approved stewardship plan.

(B)

Public notice of the availability of unwanted covered drug collection services through postings at collection sites and advertising in local media.

(2)

Changes to an approved stewardship program that are set forth in an amended stewardship plan that has been approved by the health officer under subsection 418-16.212(a)(1) must be implemented by the participating producer(s) within ten business days after the approval.

(f)

Program Participation. A producer shall participate in an approved stewardship program by providing for the continued operation of an approved stewardship program in accordance with an approved stewardship plan.

(Ord. No. 2016-24, § IV, 12-20-16)