CalRecycle seeks $3.4M in Drug and Sharps Takeback program violations

CalRecycle is seeking $3.4 million against the outgoing nonprofit that runs two industry-funded takeback programs for pharmaceutical and home-generated sharps waste. The Drug Takeback Solutions Foundation (Foundation), made up of drug and sharps producers, failed to meet legally mandated budget, program operations and consumer convenience requirements, according to the agency. 

California’s pharmaceutical and sharps waste stewardship law (S.B. 212) requires industry-funded and managed programs to provide free, convenient consumer disposal options for household medications and sharps (such as needles, syringes and lancets). 

Foundation announced it will end its programs June 30, while programs managed by another stewardship organization continue to operate statewide.  

"California established producer responsibility requirements for medication and sharps waste to make sure these materials are managed safely and don’t jeopardize public health,” CalRecycle Deputy Director Mark de Bie says. “California will hold organizations accountable when they fail to meet their obligations to consumers and the law.” 

CalRecycle filed the $3.4 million administrative accusation Feb. 19, outlining repeated violations that include failure to implement the takeback programs, noncompliant budgets and late payment of program administration costs. 

The accusation seeks $1.7 million for the Foundation’s pharmaceutical stewardship program and $1.7 million for its sharps stewardship program for violations in 2022 and 2023. Foundation’s subsequent annual report and budget also have been disapproved, and Foundation was noncompliant based on the reported information. 

Foundation has the opportunity to respond to CalRecycle’s accusation and request an administrative hearing.