A. Not later than forty-five (45) days after the effective date of the ordinance codified in this chapter, every retailer and every provider of sharps in the city shall establish a system for the collection of home-generated sharps waste for proper disposal during the retailer's or provider's normal hours of operation.
B. Each system established by a retailer or provider for the collection and disposal of home-generated sharps waste shall include, at a minimum, the following elements:
1. A receptacle or receptacles in a convenient location within the retail or provider establishment for the collection of home-generated sharps waste that meets the requirements specified in subsection (B)(2). Any receptacle used for the collection of home-generated sharps waste shall meet applicable state and federal standards.
2. Signage prominently displayed within five feet of every entrance to the retail or provider establishment and easily visible to the consumer, indicating that the retail or provider establishment collects home-generated sharps waste from consumers.
3. The retailer or provider shall dispose of all home-generated sharps waste that is collected at the retail or provider establishment in accordance with all applicable laws and regulations.
C. A retailer shall at a minimum provide the following on-site collection services:
1. The collection from a consumer of home-generated sharps waste if the retailer previously sold sharps to the consumer, at no cost to the consumer. The retailer may require proof of purchase of the prior sales, and shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps previously sold to the consumer.
2. The collection of home-generated sharps waste from a consumer simultaneously purchasing sharps from the retailer, at no cost to the consumer. The retailer shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps being purchased.
D. A provider shall at a minimum provide the following on-site collection services:
1. The collection from a consumer of home-generated sharps waste if the provider previously sold or otherwise furnished sharps to the consumer, at no cost to the consumer. The provider may require proof of purchase of the prior sales, or proof that sharps were provided to the consumer if provided at no cost, and shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps previously sold or provided to the consumer.
2. The collection of home-generated sharps waste from a consumer simultaneously purchasing or otherwise obtaining sharps from the provider, at no cost to the consumer. The retailer shall not be required to accept home-generated sharps waste in an amount exceeding the amount of sharps being purchased or obtained.
E. In lieu of an on-site collection system as described and required in subsections B, C, and D, a retailer or provider may satisfy the requirements of this section by providing state-approved mail-back sharps disposal containers to consumers who are purchasing or obtaining sharps from the retailer or provider. (Ord. 2010-018 § 2)