Public Hearing Regarding Adoption of Revised Regulations for the Safe Drug Disposal Information Ordinance

CITY AND COUNTY OF SAN FRANCISCO

DEPARTMENT OF THE ENVIRONMENT

 

NOTICE OF PUBLIC HEARING REGARDING ADOPTION OF REVISED REGULATIONS FOR THE SAFE DRUG DISPOSAL INFORMATION ORDINANCE

(Ordinance No. 85-11, San Francisco Environment Code Chapter 22)

 

WHAT:          Public Hearing regarding the adoption of revised regulations for the Safe Drug Disposal Information Ordinance

 

WHEN:         Tuesday, August 15, 2017 at 1:30 p.m.

 

LOCATION:  San Francisco Department of the Environment, Berta Caceres Conference Room – Suite 1200, 1455 Market Street, San Francisco, CA 94103 (Near 11th Street).

                  

                   To comply with the building’s security policies, all members of the public who seek to access 1455 Market Street must show photo identification at the security desk upon entering the building.

 

Members of the public are invited to present written comments regarding the proposed regulations.  Written comments should be emailed to SafeMeds@sfgov.org or mailed to Attn: Maggie Johnson, San Francisco Department of the Environment, 1455 Market Street, Suite 1200, San Francisco, CA 94103.  The Department must receive all written comments concerning the proposed regulations no later than 5:00 p.m. on August 15, 2017. 

 

AUTHORIZATION

San Francisco Environment Code Chapter 22

 

The Safe Drug Disposal Information Ordinance was signed by the Mayor on May 31, 2011.  The Ordinance requires that, beginning no later than December 1, 2011, all businesses in San Francisco that sell prescription drugs post display materials explaining to residents how they can safely and lawfully dispose of unused medications.  This Regulation specifies the contents and format for these display materials.

 

The Director of the Department of the Environment promulgates these regulations pursuant to her authority to adopt rules necessary to implement this Ordinance pursuant to Environmental Code, Chapter 22, Section 2252. 

 

 

 

 

Important Information

 

Copies of draft regulations and all explanatory documents are available at (1) the Department of the Environment (Department), 1455 Market Street, Suite 1200, San Francisco, California, 94103 between the hours of 9 a.m. and 5 p.m., Photo identification is required for entry to the building. (2) on the Department’s website http://sfenvironment.org/policy/environmental-regulation; (3) upon request at telephone number 415-355-5006, or via e-mail at margaret.johnson@sfgov.org within three business days of the hearing.

 

If any materials related to an item on this agenda have been distributed after distribution of the agenda packet, those materials are available for public inspection at the Department of the Environment, 1455 Market Street, Suite 1200, San Francisco, CA 94103 during normal office hours or will be made available on the website http://sfenvironment.org/policy/environmental-regulation.

 

During the hearing, members of the public will have the opportunity to comment about individual agenda items or speak generally about the Safe Drug Disposal Information Ordinance.  Persons unable to attend the hearing may submit to the Department of the Environment, by 5:00 p.m. on August 15, 2017, written comments. These comments will be made a part of the official public record and shall be brought to the attention of the Department.

 

Announcement

 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this hearing.  Please be advised that the hearing officer may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

 

Public Comment

 

At this time, members of the public may speak on items of interest that are relevant to the Safe Drug Disposal Information Ordinance.  Each member of the public may address the hearing for up to three minutes, unless otherwise announced by the hearing officer.

 

The Brown Act forbids the Department from taking action or discussing any item or issue not appearing on the posted agenda.  This rule applies to issues raised in public comment as well.   In response to public comment, not on an agendized item, the Department is limited to:

1. Briefly responding to statements made or questions posed by members of the public, or

2. Request staff to report back on a matter at a subsequent meeting, or

3. Directing staff to place the item or issue on a future agenda (Government Code Section 54954.2(a).)

 

 

 

Disability Access

 

The hearing will be held at the San Francisco Department of the Environment, 1455 Market Street, Berta Caceres Conference Room – Suite 1200, San Francisco in the Civic Center Area.  The Department of the Environment is wheelchair accessible.  The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street.  Accessible MUNI lines serving this location are: Van Ness and the Metro Stations at Van Ness and Market and at Civic Center.  For information about MUNI accessible services call (415) 923-6142.  There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.

 

In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City accommodate these individuals.  Individuals with chemical sensitivity or related disabilities should call the Mayor’s Office on Disability at (415) 554-6789 or (415) 554-6799 (TTY) for additional information.

 

The following services are available on request 72 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week:  For American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact SF Environment at (415) 355-3700 to make arrangements for the accommodation.  Late requests will be honored, if possible.

 

Language Access

 

Language Assistance: To request an interpreter for a specific item during the hearing, please contact the Department of the Environment at (415) 355-3709 or anthony.e.valdez@sfgov.org at least 48 hours in advance of the hearing.

 

語言服務

根據語言服務條例(三藩市行政法典第91章),中文、西班牙語和/或菲律賓語(泰加洛語)傳譯人員在收到要求後將會提供傳譯服務。翻譯版本的會議記錄可在委員會通過後透過要求而提供。其他語言協助在可能的情況下也將可提供。上述的要求,請於會議前最少48小時致電 415-355-3709或電郵至anthony.e.valdez@sfgov.org向委員會秘書提出。逾期提出的請求,若可能的話,亦會被考慮接納。

 

Acceso A Idioma

De acuerdo con la Ordenanza de Acceso a Idiomas “Language Access Ordinance” (Capítulo 91 del Código Administrativo de San Francisco “Chapter 91 of the San Francisco Administrative Code”) intérpretes de chino, español y/o filipino (tagalo) estarán disponibles de ser requeridos. Las minutas podrán ser traducidas, de ser requeridas, luego de ser aprobadas por la Comisión. La asistencia en idiomas adicionales se tomará en cuenta siempre que sea posible. Para solicitar asistencia con estos servicios favor comunicarse con el Secretario de la Comisión al 415-355-3709, o anthony.e.valdez@sfgov.org por lo menos 48 horas antes de la reunión. Las solicitudes tardías serán consideradas de ser posible.

 

Access Sa Wika

Ayon sa Language Access Ordinance (Chapter 91 ng San Francisco Administrative Code), maaaring mag-request ng mga tagapagsalin sa wikang Tsino, Espanyol, at/o Filipino (Tagalog). Kapag hiniling, ang mga kaganapan ng miting ay maaring isalin  sa ibang wika matapos ito ay aprobahan ng komisyon. Maari din magkaroon ng tulong sa ibang wika. Sa mga ganitong uri ng kahilingan, mangyaring tumawag sa Clerk ng Commission sa 415-355-3709, o anthony.e.valdez@sfgov.org sa hindi bababa sa 48 oras bago mag miting. Kung maari, ang mga late na hiling ay posibleng pagbibigyan.

 

Know your Rights under the Sunshine Ordinance

 

(Chapter 67 of the San Francisco Administrative Code)

 

Government’s duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, Sunshine Task Force Administrator, City Hall, Room 409, One Dr. Carlton B. Goodlett Place, San Francisco, CA  94102-4683 at Phone No.: (415) 554-7724; Fax No.: (415) 554-7854; E-mail: sotf@sfgov.org.  Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s website at www.sfgov.org.

 

 

Lobbyist Registration and Reporting Requirements

 

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code §2.100, et. seq] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at: 25 Van Ness Avenue, 2nd Floor, San Francisco, CA 94102; telephone (415) 252-3100, fax (415) 252-3112, web site at www.sfgov.org/ethics.

 

General Department of the Environment Contact Information:

 

TEL:  (415) 355-3700; FAX: (415) 554-6393

 

Posted: August 4, 2017

 

 

ATTACHED: San Francisco Department of the Environment Draft Regulation SFE-17-01-SDDIO Proposed Revised Regulations Implementing the Safe Drug Disposal Information Ordinance

 

 

 

San Francisco Department of the Environment Regulations SFE 17-01-SDDIO

Requirement for Pharmacies to post display materials explaining how to safely and lawfully dispose of unused medications.

Ordinance No. 85-11, Adopted May 31, 2011

 

Regulation Effective Date: Upon Signature of the Director

 

A.  Background

 

The Safe Drug Disposal Information Ordinance was signed by the Mayor on May 31, 2011.  The Ordinance requires that, beginning no later than December 1, 2011, all businesses in San Francisco that sell prescription drugs post display materials explaining to residents how they can safely and lawfully dispose of unused medications.  This Regulation specifies the contents and format for these display materials.

 

B.  Authorization

 

San Francisco Environment Code Chapter 22:

 

SEC. 2252. INFORMATION REQUIRED AT POINT OF SALE.

 

(a) Beginning December 1, 2011, any business selling prescription drugs to the public shall post display materials approved by the Director [of the Department of the Environment] 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.

 

SEC. 2253. IMPLEMENTATION.

 

(a) The Director, after a public hearing, may adopt and may amend guidelines, rules, Regulations, and forms to implement this Ordinance.

(b) By October 1, 2011, the Department shall issue regulations specifying the contents and format for the display materials required by Section 2252.

 

C. Applicability.

 

This regulation applies to all San Francisco businesses selling prescription drugs, defined by the San Francisco Environment Code Chapter 22, Section 2251 as: 

 

(b) “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.   

 

D. Requirements. 

 

1.    SEC. 2252 Materials to be Displayed. 

 

Businesses must post information on the safe and lawful disposal of unused medicine.  Materials must be displayed on standard paper size no smaller than 8.5 x 11 inches. 

 

(a) Businesses that collect residentially-generated pharmaceuticals by hosting a medicine collection kiosk through an approved Stewardship Plan in compliance with Chapter 22 of the Environment Code, may consider their existing medicine collection kiosk signage as required materials. No additional materials are required to be displayed.

 

(b) Businesses that do not collect residentially-generated pharmaceuticals by hosting a medicine collection kiosk through an approved Stewardship Plan in compliance with Chapter 22 of the Environment Code, shall display materials provided by the Department of the Environment. The materials will be a poster, no smaller than 8.5 x 11 inches, stating “Find Safe Medicine Disposal Locations,” and listing a Department or approved Stewardship Plan phone number and website where the public may find information on how to safely and lawfully dispose of unwanted residentially-generated pharmaceuticals. The materials may also include statements discouraging unlawful or improper disposal of residentially-generated pharmaceuticals, such as “Don’t flush medicine down the toilet or sink,” and “Don’t put medicine in the trash.”

 

i. Businesses subject to subsection (b) may submit an alternative material design to be approved in writing by the Director, in his or her sole discretion:

·         Plain language and if possible, images, shall be used to inform the public on how to dispose of residentially-generated pharmaceuticals.

·         Materials shall specify all locations in San Francisco where the public may dispose of residentially-generated pharmaceuticals, or specify at minimum three locations in San Francisco nearby the business where the public may dispose of residentially-generated pharmaceuticals and include a Department or approved Stewardship Plan phone number and website where the public may find additional locations.

·         Alternative material designs shall be submitted to the Director by 45 days after the effective date of this regulation. Alternative material designs may also be submitted on an annual basis by January 31.

·         The Director shall have 30 days upon receipt of proposed alternative material designs to approve or not approve. Upon Director approval of an alternative material design, a business will have 45 days to post the approved materials at their location.

·         Alternative material designs that are not approved may be resubmitted once within 30 days, or businesses may otherwise use materials provided by the Department.

 

ii. Businesses may submit an alternative material design by the following methods:

·         By hard copy to:

San Francisco Department of the Environment

1455 Market St. Suite 1200

San Francisco, CA 94103

·         By electronic copy to: SafeMeds@sfgov.org

 

(c)  By 90 days after the effective date of this regulation, the Department of the Environment will distribute materials to businesses subject to subsection (b) above, that do not collect residentially-generated pharmaceuticals through an approved Stewardship Plan. If a business does not receive materials by 90 days after the effective date of this regulation or requires replacement materials 90 days after the effective date of this regulation, due to loss, theft, or damage, posters must be requested by the business to ensure continued compliance. 

 

i. Posters may be requested in the following ways:

 

·         Calling the Department of the Environment: 415-355-3700

·         A written request to:

                        San Francisco Department of the Environment

1455 Market St. Suite 1200

San Francisco, CA 94103

·         By email: SafeMeds@sfgov.org

 

All information for approved methods for a poster request will also be available at sfenvironment.org/medicinedisposal.

 

 

The Director of the Department of the Environment hereby adopts these regulations as of the date specified below.

 

Approved:

           

 

______________________________________________________________________

Deborah O. Raphael                                                                                   Date

Director, Department of the Environment