The County of Tulare finds and declares all of the following purposes for this chapter:
(a) 
To achieve the mandates imposed by the Integrated Waste Management Act of 1989 (AB 939); (codified in California Public Resources Code, Division 30, commencing with Section 40000, as amended, supplemented, superseded, and replaced from time to time) on a regional basis;
(b) 
To enact a comprehensive and innovative system for the proper and legal management of home-generated sharps waste, as defined in Section 4-04-1005(f) of this chapter, in the County of Tulare in accordance with Section 118286 of the California Health and Safety Code;
(c) 
To enact a law that establishes a program that is convenient for consumers and the public to return and ensure the safe and environmentally sound disposal of home-generated sharps waste, and to provide a "no-cost" system for consumers for the return of home-generated sharps waste;
(d) 
To assure that the costs associated with the handling and disposal of home-generated sharps waste are the responsibility of the producers and retailers of home-generated sharps waste, and not local governments or their service providers, state or local government, or taxpayers;
(e) 
To reduce the likelihood of the illegal disposal of home-generated sharps waste;
(f) 
To ensure that all costs associated with the proper management of home-generated sharps waste are internalized by the producers and retailers of home-generated sharps waste at or before the point of purchase, and not at the point of discard;
(g) 
To assure that manufacturers and retailers of sharps, while working to achieve the goals and objectives of this chapter, shall have the flexibility to partner with each other, with governmental programs, and with private and nonprofit business enterprises that provide collection and processing services, to develop and promote a safe and effective home-generated sharps waste management system; and
(h) 
To provide for the safe and convenient collection and disposal of 100 percent of the home-generated sharps waste discarded in the County of Tulare at no cost to the consumer and to comply with the requirements pursuant to State Health and Safety Code Section 118286 prohibiting the disposal of home-generated sharps waste in trash, recycling, yard waste, or landfills as of April 1, 2014.
(Added by Ord. No. 3460, effective 7-3-14)
Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) 
"Consumer"
means an individual who has purchased sharps for personal use for humans or animals.
(b) 
"Home-generated"
means all sharps as defined in Section 4-04-1005(f) below derived from a household, including a multifamily residence, or a single-family residence.
(c) 
"Unincorporated area"
means the geographic area within the boundaries of the County of Tulare, California.
(d) 
"Retailer"
means any entity, including but not limited to, a person or business, of whatever form of organization, which sells to the general public sharps in the unincorporated area to a consumer, including a manufacturer of sharps who sells sharps directly to a consumer.
(e) 
"Distributor"
means a person who sells sharps to a retailer.
(f) 
"Sharps"
means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, to humans or animals.
(g) 
"Receptacle"
means a rigid puncture-resistant container with a sealable lid approved by the U.S. Food and Drug Administration for the purpose of transporting sharps for disposal.
(h) 
"Proper disposal"
of home-generated sharps waste means disposal in compliance with the applicable provisions of the California Health and Safety Code by means of an approved/certified medical waste disposal company.
(Added by Ord. No. 3460, effective 7-3-14)