§ 55. Manufacturer drug take-back program funding.
(a) A covered manufacturer or group of covered manufacturers must pay all administrative
and operational costs associated with establishing and implementing the drug take-back
program in which it participates. Such administrative and operational costs include, but are not limited to:
(1) collection and transportation supplies for each collection site;
(2) purchase of collection receptacles for each collection site;
(3) ongoing maintenance or replacement of collection receptacles when requested by
(4) costs related to prepaid, preaddressed mail;
(5) compensation of authorized collectors, if applicable;
(6) operation of periodic collection events, including, but not limited to, the cost
of law enforcement staff time;
(7) transportation of all collected covered drugs to final disposal;
(8) proper disposal of all collected covered drugs in compliance with State and federal
laws, rules, and regulations; and
(9) program promotion and outreach.
(b) A manufacturer program operator shall allocate to covered manufacturers participating
in the drug take-back program the administration and operational costs of the programs. The method of cost allocation shall be included in the drug take-back program proposal
required under Section 35.
(c) A manufacturer program operator, covered manufacturer, authorized collector, or
other person may not charge:
(1) a specific point-of-sale fee to consumers to recoup the costs of a drug take-back
(2) a specific point-of-collection fee at the time covered drugs are collected from
a person; or
(3) an increase in the cost of covered drugs to recoup the costs of a drug take-back
(d) A manufacturer program operator or covered manufacturer shall not charge any fee
to an authorized collector or authorized collection site.
(e) The funding requirements in this Section shall not apply to a pharmacy location
that is part of an existing contractual agreement entered into prior to the effective
date of this Act between a pharmacy and a covered manufacturer to fund in part or
whole the collection, transportation, or disposal of a covered drug so long as that
contractual arrangement continues.
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