On April 27, 2010, the Board adopted a resolution supporting Extended Producer Responsibility. It was noted that local governments do not have the resources to adequately address the rising volume of discarded products and that there are significant environmental and health impacts associated with improper management of universal wastes, sharps and other products.
Extended producer responsibility (EPR) laws, sometimes referred to as product stewardship laws, assign responsibility for end-of-product life management of consumer products on the manufacturers of those products. Despite association between prescription opioid sales and the increase in accidental deaths from drug overdose there is currently no mandatory statewide drug stewardship program for unwanted household drugs in California.
In March 2012, Supervisor Mary Piepho presented a resolution to the Board declaring March as “Prescription Drug Abuse Awareness Month.” Comment was made regarding the importance of safely storing and disposing of medications. Subsequently, at an April 28, 2012, Prescription Drug Take Back event, Supervisor Piepho noted that her office was working with County departments to review and evaluate a “Safe Medication Disposal” ordinance for Contra Costa County.
On March 3, 2015, the Board adopted a resolution recognizing March as Prescription Drug Awareness month to bring attention to the seriousness and significance of deaths associated with the misuse of prescription drugs. Supervisor Candace Andersen referenced the importance of disposing unwanted medications when they are no longer needed and Supervisor Piepho indicated that she hoped the County would soon be able to adopt a safe drug disposal ordinance, following Alameda County’s lead.
As of October 2016, at least six other California counties have adopted safe drug disposal ordinances that require drug manufacturers to establish product stewardship program for the safe and timely disposal of medications used in households.
Over the past year, staff from multiple County departments has worked with Supervisor Piepho and her staff to develop a draft ordinance that would require the producers of covered drugs to create and pay for a system for the safe and convenient disposal of unwanted prescription drugs. The proposed ordinance, which is similar to ordinances adopted by other counties, would require producers of covered prescription medications to establish and pay for a collection system. The goal would be to establish at least three drop-off sites in each of the five supervisorial districts in locations that allow for convenient and equitable access by residents of the unincorporated areas of those districts. If achievement of this goal is not feasible in a supervisorial district, the stewardship program would need to provide for a mail-back service and periodic take-back events that are at least six hours in length, held a least once per quarter and located in at least three locations in the district.
Under the proposed ordinance, preference would be given to having retail pharmacies and law enforcement agencies serve as collectors. In addition, mail-back services would need to be made available to individuals who are disabled or homebound.
If adopted, the proposed ordinance would require the producer of a covered drug to submit a product stewardship plan to the County health officer, describing how it would provide for the disposal options described above. The proposed ordinance would allow a producer to satisfy its obligations either individually or jointly with other producers, in the form of a stewardship organization. As drafted, the ordinance would require producers to provide notice to all retail pharmacies and all law enforcement agencies located in the County of the opportunity to participate as collectors.
On November 14, 2016, the proposed ordinance was presented to the Family and Human Services Committee. Committee members received a report by Public Health Director Daniel Peddycord (attached), heard from members of the public who spoke in support of a safe drug disposal ordinance and then directed the proposed ordinance to be forwarded to the full Board for consideration.
If Ordinance No. 2016-24 is not introduced, the proposed drug stewardship program would not go into effect.
Speakers: Jim Hatlen, Clean Water Action; April Rovero, resident of San Ramon, Heidi Sanborn, California Product Stewardship Council; Melody LaBella, Central Sanitation District; Joseph Greaves, Alameda-Contra Costa Medical Association. All speakers were in support of the item.
Patty Hoyt and Jaime Rich from the Contra Costa MEDS Coalition did not wish to speak, but left written comments for the Board's consideration (attached). Letters were received via email and U.S. Postal mail (attached). All comments and letters were in support.