HB 1165 - DIGEST
(SEE ALSO PROPOSED 2ND SUB)

Finds that: (1) A convenient, safe, secure, and environmentally sound product stewardship program for the collection, transportation, and disposal of unwanted drugs from residential sources may help to avoid accidental poisonings, decrease illegitimate access to drugs that can lead to abuse, and protect our surface and groundwater; and

(2) Producers of those drugs are the best entity to provide and finance the product stewardship program.

Requires every producer of covered products sold in or into Washington state to participate in a product stewardship program for unwanted products from residential sources.

Requires a producer, group of producers, or stewardship organization operating or intending to operate a product stewardship program to submit a product stewardship plan to the department of ecology before engaging in the collection of unwanted covered products.

Requires the department of ecology to: (1) Determine whether the plan complies with this act. If it approves a plan, the department shall notify the applicant of its approval. If it rejects a plan, the department shall notify the applicant of its decision and its reasons for rejecting the plan;

(2) Send a written warning and a copy of the new chapter created in this act and any rules adopted to implement the new chapter to a producer who is not participating in a product stewardship program approved by the department and whose covered product is being sold in or into the state;

(3) Provide on its web site a list of all producers participating in product stewardship programs it has approved and a list of all producers it has identified as noncompliant;

(4) Send a written warning and a copy of the new chapter created in this act and any rules adopted to implement that chapter to a drug wholesaler known to be selling a product in or into the state from producers who are not participating in a product stewardship program or who are not in compliance;

(5) Annually invite comments from health care facilities, health care practitioners, pharmacists, local governments, and citizens on their satisfaction with the services provided by a product stewardship program; and

(6) Consult with the state board of pharmacy on proposed provisions of a product stewardship plan involving the secure collection, tracking, and handling of drugs collected under a product stewardship program.

Creates the pharmaceutical product stewardship program account.

Allows the director of the department of ecology to lend money from the state toxics control account to the pharmaceutical product stewardship account if necessary to ensure that money is available in the pharmaceutical product stewardship program account for the initial administration of the product stewardship program for unwanted drugs from residential sources.

Provides penalties.