(A) By February 1, 2014, every retailer of sharps sold in the City of Tulare shall establish within the retail outlet a system for the acceptance and collection of home-generated sharps waste for proper disposal.
(B) Each system established by a retailer for the acceptance and collection of home-generated sharps waste during the retailer's normal hours of operation, for proper disposal shall, at a minimum, include all of the following elements:
(1) A convenient location within the retail establishment for the "take-back" from the consumer of home-generated sharps waste at no cost to that consumer.
(2) Appropriate signage, prominently displayed within 5 feet of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects home-generated sharps waste from consumers.
(3) An appropriate receptacle or receptacles for the collection of home-generated sharps waste within the retail establishment. The retailer shall assure that all home-generated sharps waste is placed in the receptacle(s).
(4) Assurance that the collected home-generated sharps wastes are disposed within the time period established by applicable state law, as
determined, from time to time by the Tulare County Environmental Health Service Department, acting as the Local Enforcement Agency.
(5) Comply with all applicable provisions of the California Medical Waste Management Act, Health and Safety Code Sections 117600 et seq.
(C) A retailer who is required to accept home-generated sharps waste shall at a minimum provide the following take back services:
(1) The take-back from the consumer of home-generated sharps waste that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. The retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the amount previously sold to the consumer.
(2) The take-back of home-generated sharps waste from a consumer purchasing sharps from the retailer, at no cost to the consumer. In that event, the retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the amount being purchased.
(3) The take-back from the consumer of home-generated sharps waste that the retailer did not sell or previously sell to the consumer, at no cost to that consumer. The retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the equivalent of one 2 quart-size sharps container per week per consumer from any consumer who resides in the City of Tulare area.
(Ord. 13-08, passed 1-21-2014)