410 ILCS 720/1
Short title
Short title. This Act may be cited as the Drug Take-Back Act. (Source: P.A. 102-1055, eff. 6-10-22.)
Illinois Compiled Statutes 410 ILCS 720 — Drug Take-Back Act
Illinois · statute · 410 ILCS 720 · 20 active provisions
410 ILCS 720/5
Findings
Findings. The General Assembly finds that: (1) A safe system for the collection and disposal of unused, unwanted, and expired medicines is a key element of a comprehensive strategy to prevent prescription drug abuse and pharmaceutical pollution. Home medicine cabinets are full of unused and expired prescription drugs,…
410 ILCS 720/10
Definitions
Definitions. In this Act: "Agency" means the Environmental Protection Agency. "Authorized collector" means any of the following who collect covered drugs through participation in a drug take-back program: (1) a person who is registered with the United States Drug Enforcement Administration to collect controlled substan…
410 ILCS 720/15
Participation in a drug take-back program
Participation in a drug take-back program. Each covered manufacturer must, beginning January 1, 2024 or 6 months after becoming a covered manufacturer, whichever is later, individually or collectively implement an approved drug take-back program that complies with the requirements of this Act. A covered manufacturer mu…
410 ILCS 720/20
Identification of covered manufacturers
Identification of covered manufacturers. (a) No later than April 1, 2023, each pharmacy, private label distributor, and repackager that sells or offers for sale in Illinois, under its own label, a covered drug must provide written notification to the Agency identifying the covered manufacturer from which the covered dr…
410 ILCS 720/25
Drug take-back program requirements
Drug take-back program requirements. (a) At least 120 days prior to submitting a proposal under Section 35, a manufacturer program operator must notify potential authorized collectors of the opportunity to serve as an authorized collector for the proposed drug take-back program. No later than 30 days after a potential…
410 ILCS 720/30
Manufacturer program operator requirements
Manufacturer program operator requirements. A manufacturer program operator shall: (1) Adopt policies and procedures to be followed by persons handling covered drugs collected under the program to ensure compliance with State and federal laws, rules, and regulations, including regulations adopted by the United States D…
410 ILCS 720/35
Drug take-back program approval
Drug take-back program approval. (a) By July 1, 2023, each covered manufacturer must individually or collectively submit to the Agency for review and approval a proposal for the establishment and implementation of a drug take-back program. The proposal must demonstrate that the drug take-back program will fulfill the r…
410 ILCS 720/40
Changes or modifications to the approved manufacturer drug take-back program
Changes or modifications to the approved manufacturer drug take-back program. A manufacturer program operator shall maintain records for 5 years of any changes to an approved drug take-back program. These include, but are not limited to, changes in: (1) participating covered manufacturers; (2) collection methods; (3) c…
410 ILCS 720/45
Drug take-back program promotion
Drug take-back program promotion. Each drug take-back program must include a system of promotion, education, and public outreach about the proper collection and management of covered drugs. If there is more than one drug take-back program operated by more than one manufacturer program operator, the requirements of this…
410 ILCS 720/50
Annual program report
Annual program report. (a) By April 1, 2025, and each April 1 thereafter, a manufacturer program operator must submit to the Agency a report describing implementation of the drug take-back program during the previous calendar year. The report must include: (1) a list of the covered manufacturers participating in the dr…
410 ILCS 720/55
Manufacturer drug take-back program funding
Manufacturer drug take-back program funding. (a) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which it participates. Such administrative and operational costs include, but are not li…
410 ILCS 720/60
Registration fee
Registration fee. (a) By January 1, 2023, and by January 1 of each year thereafter, each covered manufacturer and manufacturer program operator shall register with the Agency and submit to the Agency a $2,500 registration fee. (b) All fees collected under this Section must be deposited in the Solid Waste Management Fun…
410 ILCS 720/65
Rules; enforcement; penalties
Rules; enforcement; penalties. (a) The Agency may adopt any rules it deems necessary to implement and administer this Act. (b) Except as otherwise provided in this Act, any person who violates any provision of this Act is liable for a civil penalty of $7,000 per violation per day, provided that the penalty for failure…
410 ILCS 720/70
Antitrust immunity
Antitrust immunity. The activities authorized by this Act require collaboration among covered manufacturers and among authorized collectors. These activities will enable safe and secure collection and disposal of covered drugs in Illinois and are therefore in the best interest of the public. The benefits of collaborati…
410 ILCS 720/75
Public disclosure
Public disclosure. Proprietary information submitted to the Agency under this Act is exempted from disclosure as provided under paragraphs (g) and (mm) of subsection (1) of Section 7 of the Freedom of Information Act. (Source: P.A. 102-1055, eff. 6-10-22.)
410 ILCS 720/90
Home rule
Home rule. (a) It is the intent of the General Assembly that, in order to ensure a uniform, statewide solution, on and after the effective date of this Act no unit of local government shall mandate that a new drug take-back or disposal program be created and no expansion or change of an existing program or program requ…
410 ILCS 720/95
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 102-1055, eff. 6-10-22; text omitted.)
410 ILCS 720/100
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 102-1055, eff. 6-10-22; text omitted.)
410 ILCS 720/999
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 102-1055, eff. 6-10-22.)