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The purpose of this Section is to protect the health, safety and welfare of the public and of the environment by providing for the safe and orderly collection and disposal of sharps by requiring retailers of sharps to take back sharps at the end of life at no additional cost to the consumer at the time of return. The intent of this Section is to provide consumers with more convenient ways to return and ensure the safe and environmentally sound disposal of individual-use sharps.
(CBC 1985 12-16.1; Ord. 2020 c. 4 § 1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSION. The Boston Public Health Commission.
DEPARTMENT. The Inspectional Services Department for the city.
INDIVIDUAL-USE SHARPS. All non-commercially and non-institutionally generated sharps, as defined in this Section, derived from individual use.
PHARMACY. A facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances. The term PHARMACY shall not include institutional pharmacies or pharmacy departments or any independent community pharmacies with fewer than four retail locations within the city.
PROPER DISPOSAL. The lawful disposal of individual-use sharps waste in compliance with the applicable provisions of commonwealth law and the commonwealth’s Sanitary Code, being 105 CMR 400 and 410.
SHARPS. Hypodermic needles, pen needles, intravenous needles, lancets and other devices that are used to penetrate the skin for the delivery of drugs to humans or animals that have been used or are not in their original, intact and sealed packaging and that result from personal use or from use on pets.
(CBC 1985 12-16.2; Ord. 2020 c. 4 § 1)
(A) All pharmacies, as defined in this Section, shall meet the following requirements:
(1) Establish a collection system to provide convenient, ongoing collection services to all persons seeking to dispose of unwanted sharps which shall include collection kiosks, or other safe and secure means of collection on the site of every pharmacy location within the city. The collection kiosks or other means of collection must be on site in easily accessible and in visible locations to patrons of the pharmacy. The collection system may include drive-up kiosks or other creative solutions for collection immediately adjacent to the site. For each pharmacy location fully enclosed in another retail entity, the kiosk may be substituted for a mail back program, at no cost to the consumer, or other alternative collection system at that location. Upon approval and installation, evidence showing that the collection site has been implemented shall be submitted to the Department and the Commission;
(2) Notwithstanding the above, a pharmacy chain, or multiple pharmacy chains working in concert, may present an alternative proposal for approval by the Department in consultation with the Commission. This alternative proposal must yield a number of collections kiosks equal to the number of retail pharmacies the proposing chain or chains have located within the city that are not located within another retail entity. For each pharmacy location fully enclosed in another retail entity, the kiosk may be substituted for a mail back program, at no cost to the consumer, or other alternative collection system at that location. Collection sites may be either on the site of pharmacies or on the property of any partnering entity that owns or controls physical property in the city. The collection system may include drive up kiosks or other creative solutions for collection immediately adjacent to the site. Such proposals must include the exact proposed locations of each collection site and the contact information for the entity responsible for collection and disposal, and the same shall be included on individual kiosks. Such alternative proposals should, to the greatest extent possible, result in even geographic distribution of sites and address deficiencies in the existing sharps collection infrastructure. In establishing standards for approving collection site locations, the Department and Commission must consult with community representatives engaged in advocacy related to neighborhood quality of life. Upon approval and installation of collection sites described by the alternative proposal, evidence showing that the collection sites have been implemented shall be submitted to the Department and the Commission;
(3) Establish adequate provisions for the security of sharps throughout the collection process and the safety of any person involved in monitoring, staffing or servicing the collection sites;
(4) Conduct public outreach and education about the sharps collection system, including, but not limited to, providing information to patrons, at the time of purchase or receiving of sharps, regarding the proper disposal of the sharps that is informed by consultation with community representatives engaged in quality of life advocacy which may be facilitated by the Department and Commission upon request;
(5) All pharmacies, or groups of pharmacies working in concert, must report to the Department:
(a) Information regarding any vendors engaged in efforts to comply with this Section, including the business name, and whether the business is a minority owned business enterprise; women owned business enterprise; veteran owned business enterprise; service-disable veteran owned business enterprise; disability owned business enterprise; lesbian, gay, bisexual or transgender owned enterprise; or an independent business with its principal office physically located in the city;
(b) On an annual basis, data on sharps collected through pharmacy-created collection sites in a form and manner specified by the Department; and
(c) Any other information or documents required by the Department.
(6) Comply with all applicable commonwealth and federal requirements.
(B) No point-of-sale or point-of-collection, processing fees or other sharps cost increases may be charged to the individual consumers to recoup program costs.
(C) The provisions of this Section shall be interpreted and applied at all times consistently with the provisions of M.G.L. Chapter 94C, Section 27A; all provisions of any relevant general or special act; and 105 CMR 480.00, Minimum Requirements for the Management of Medical or Biological Waste (Commonwealth Sanitary Code Chapter VIII).
(D) Institutions and entities not covered by this Section are encouraged to establish sharps collection sites. Nothing in this Section shall be read to prevent institutions not covered by this Section from establishing sharps collection sites provided that they comply with applicable commonwealth and federal law.
(CBC 1985 12-16.3; Ord. 2020 c. 4 § 1)
Collection and transfer containers must meet the requirements of the federal Occupational Safety and Health Administration and the Federal Department of Transportation and be marked with the international biohazard symbol.
(CBC 1985 12-16.4; Ord. 2020 c. 4 § 1)
(A) The provisions of this Section shall become effective one year from the date of its adoption.
(B) The Commissioner of Inspectional Services, or designee, shall have jurisdiction and authority to enforce the provisions of this Section and may provide additional guidance to regulated entities.
(B) Any pharmacy found to be in violation of any provision of this Section, or who fails to comply with any of its requirements, shall be punished by a fine of $300. Each day such violation continues shall be considered a separate offense.
(C) The provisions of this Section may be enforced in accordance with the non-criminal disposition process of M.G.L. Chapter 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by injunction.
(CBC 1985 12-16.5; Ord. 2020 c. 4 § 1)
This Section is to establish an Office of Police Accountability and Transparency in the city, that is independent of the Boston Police Department, to investigate complaints of Police misconduct, ensure that the Boston Police Department’s internal affairs review process is fair and thorough and review Boston Police Department’s existing and proposed policies and procedures. The purpose of the OPAT is to provide a single point of entry for individuals with concerns or complaints related to the Boston Police Department and its Officers and sworn personnel to be heard and responded to, and to provide the staffing and legal authority necessary to support the work of the OPAT and its related advisory boards and panels to undertake independent investigation and review of policing in Boston.
(CBC 1985 12-17.1; Ord. 2020 c. 7 § 1)
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