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(a) The Director, following public notice and a hearing, may adopt rules necessary to implement, administer, and enforce this Division I.
(b) The Director may work with the Stewardship Plan operator to define goals for collection amounts, education, and promotion for a Stewardship Plan.
(c) The Director shall report biennially to the Board of Supervisors concerning the status of all Stewardship Plans and recommendations for changes to this Division I. The biennial report may also include a summary of available data on indicators and trends of abuse, poisonings and overdoses from prescription and nonprescription drugs and a review of comprehensive prevention strategies to reduce risks of drug abuse, overdoses, and preventable poisonings. The first report shall be due two years from the effective date of this Division I.
(a) The Board of Supervisors authorizes the Director to charge the fees identified in this Division I. A Producer or group of Producers participating in a Stewardship Plan shall pay to the Director plan review fees to be established under subsection (d) of this Section 2215 for:
(1) Review of a proposed Stewardship Plan;
(2) Resubmittal of a proposed Stewardship Plan;
(3) Review of changes to an approved Stewardship Plan;
(4) Submittal of an updated Stewardship Plan at least every four years under Section 2203(d)(5) of this Division I; or
(5) Review of any petition for approval to use alternative final disposal technologies under Section 2207(c) of this Division I.
(b) In addition to plan review fees, a Producer or group of Producers participating in a Stewardship Plan shall pay to the Director annual operating fees to be established under subsection (d) of this Section 2215.
(c) A plan operator or a Stewardship Organization may remit the plan review fee on behalf of participating Producers.
(d) As soon as practicable, the Director shall propose to the Commission on the Environment a schedule of fees charged to a Producer or group of Producers to cover costs of administering and enforcing this Division I. The Director shall set the fees to recover but not exceed actual costs to the City. The Commission of the Environment must approve the schedule of fees for it to become effective. The Controller shall confirm that the fees set by the Director do not exceed the actual costs to the City.
In adopting and implementing this Division I, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any Person who claims that such breach proximately caused injury.
This Division I shall be construed so as not to conflict with applicable federal or State laws, rules or regulations. Nothing in this Division I shall authorize any City agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by State or federal law at the time such agency or department action is taken. The City shall suspend enforcement of this Division I to the extent that said enforcement would conflict with any preemptive State or federal legislation subsequently adopted. Nothing in this Division I is intended or shall be construed to protect anti-competitive or collusive conduct, or to modify, impair, or supersede the operation of any of the antitrust or unfair competition laws of the State of California or the Unites States.
If any of the provisions of this Division I or the application thereof to any Person or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Division I are severable.
If, prior to the effective date of this Division I, the United States Supreme Court grants a petition for a writ of certiorari in the case of Pharmaceutical Research and Manufacturers of America v. County of Alameda, 13-16833, 2014 WL 4814407 (9th Cir. Sept. 30, 2014), then this Division I shall not become operative until 30 days after judgment has been entered in that case. Once judgment has been entered in that case, the City Attorney’s Office shall notify the Department that judgment has been entered.
This Ordinance shall be entitled the "Safe Drug Disposal Information Ordinance."
(Added by Ord. 85-11, File No. 110025, App. 5/31/2011, Eff. 6/30/2011)
For the purposes of this Ordinance, the following words shall have the following meanings:
(a) "Business" means a fixed location within the City and County of San Francisco, whether indoors or outdoors, at which Prescription Drugs are offered for sale at retail and that is required to obtain a valid San Francisco business registration certificate from the San Francisco Tax Collector's office.
(b) "Department" means the Department of the Environment.
(c) "Director" means the Director of the Department of the Environment.
(d) "Display materials" means signs, posters or other similar informational materials.
(e) "Prescription drug" means any drug that by federal or state law may be dispensed lawfully only on prescription.
(Added by Ord. 85-11, File No. 110025, App. 5/31/2011, Eff. 6/30/2011)
(a) Beginning December 1, 2011, any business selling prescription drugs to the public shall post display materials approved by the Director explaining how members of the public may safely and lawfully dispose of unused prescription drugs. The materials shall be in English, Spanish, and Chinese, and legible and easily readable by the average person. The materials shall be posted on the premises of the business in a location visible to the public and adjacent to the area where the prescription drugs are dispensed.
(b) The Director may, in his or her discretion, authorize a business to use alternate means to comply with the requirements of subsection (a). The Director shall authorize such alternate means through the adoption of a regulation after a noticed hearing, and no business may sell prescription drugs to the public or offer to sell prescription drugs to the public using any alternate means of compliance with this Chapter unless specifically authorized to do so in advance in writing by the Director.
(c) The City urges all persons and entities providing prescription drugs to the public for free to also participate in this program.
(Added by Ord. 85-11, File No. 110025, App. 5/31/2011, Eff. 6/30/2011)
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