§ 2202. DEFINITIONS.

For the purposes of this Division I the following definitions apply:

"City" means the City and County of San Francisco.

"City residents" means human beings residing in the City.

"Collector" means a Person that gathers Unwanted Covered Drugs from City residents for the purpose of collection, transportation, and disposal.

"Covered Drug" means a Drug sold in any form and used by City residents, including prescription, nonprescription, brand name and generic drugs. Notwithstanding the previous sentence, "Covered Drug" does not include: (1) vitamins or supplements; (2) herbal-based remedies and homeopathic drugs, products, or remedies; (3) cosmetics, shampoos, sunscreens, toothpaste, lip balm, antiperspirants, or other personal care products that are regulated as both cosmetics and nonprescription drugs under the federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Chapter 9); (4) Drugs for which Producers provide a pharmaceutical product stewardship or take-back program as part of a federal Food and Drug Administration-managed risk evaluation and mitigation strategy (Title 21 U.S.C. Sec. 355-1); (5) Drugs that are biological products as defined by 21 C.F.R. 600.3(h) as it exists on the effective date of this Division I if the Producer already provides a pharmaceutical product stewardship or take-back program; and (6) medical devices or their component parts or accessories.

"Department" means the Department of the Environment.

"Director" means the Director of the Department of the Environment or his or her designee.

"Drug Wholesaler" means a Person who buys Drugs for resale and distribution to corporations, individuals, or entities other than consumers.

“Drug" means: (1) any article recognized in the official United States pharmacopoeia, the official national formulary, the official homeopathic pharmacopoeia of the United States or any supplement of the formulary or those pharmacopoeias as published by the U.S. Pharmacopeial Convention and the Homeopathic Pharmacopoeia Convention of the United States; (2) any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (3) any substance, other than food, intended to affect the structure or any function of the body of humans or other animals; or (4) any substance intended for use as a component of any substance specified in (1), (2), or (3) of this definition.

"Manufacture" means the production, preparation, propagation, compounding, or processing of a Drug but does not include the activities of a Repackager or Wholesaler, or practitioner who distributes or dispenses such substance or device in the course of his or her professional practice or prepares, compounds, packages, or labels such substance or device.

"Manufacturer" means a Person engaged in the Manufacture of Drugs.

"Mail-back services" means a collection method for the return of Unwanted Covered Drugs from City residents utilizing prepaid and pre-addressed mailing envelopes.

"Nonprescription Drug" means a Drug that may be lawfully sold without a prescription.

"Person" means a human being, firm, sole proprietorship, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, association, cooperative, or other entity of any kind or nature.

"Pharmacy" means a place licensed by the state of California Board of Pharmacy where the practice of pharmacy is conducted

"Prescription Drug" means any Drug, including any controlled substance, that is required by federal or state law or regulation to be dispensed by prescription only or is restricted to use by practitioners only.

"Producer" means a Manufacturer engaged in the Manufacture of a Covered Drug sold in the City, including a brand-name or generic Drug. Notwithstanding the previous sentence, "Producer" does not include: (1) a retailer whose store label appears on a Covered Drug or the drug's packaging if the Manufacturer from whom the retailer obtains the drug is identified under Section 2203(d) of this Division I; (2) a Repackager if the Manufacturer from whom the Repackager obtains the Drug is identified under Section 2203(d) of this Division I; (3) a pharmacist who compounds or repackages a prescribed individual drug product for a consumer; or (4) a wholesaler who is not also the Manufacturer.

“Repackager" means a person who owns or operates an establishment that repacks and relabels a product or package for further sale, or for distribution without a further transaction.

"Retail Pharmacy" means a Pharmacy licensed by the state of California Board of Pharmacy for retail sale and dispensing of drugs.

"Stewardship Plan" means a plan for the collection, transportation and disposal of Unwanted Covered Drugs required under Section 2204 of this Division I that is: (1) financed, developed, implemented and participated in by one or more Producers; (2) operated by the participating Producers or a Stewardship Organization; and (3) approved by the Director.

"Stewardship Organization" means an organization designated by a Producer or group of Producers to act as an agent on behalf of one or more Producers to develop and implement and operate a Stewardship Plan.

"Unwanted Covered Drug" means any Covered Drug that the owner has discarded or intends to discard.

(Added by Ord. , File No. 141095, App. 3/26/2015, Eff. 4/25/2015)