1. (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 limited to:

   1. (1) collection and transportation supplies for each collection site;
   2. (2) purchase of collection receptacles for each collection site;
   3. (3) ongoing maintenance or replacement of collection receptacles when requested by authorized collectors;
   4. (4) costs related to prepaid, preaddressed mail;
   5. (5) compensation of authorized collectors, if applicable;
   6. (6) operation of periodic collection events, including, but not limited to, the cost of law enforcement staff time;
   7. (7) transportation of all collected covered drugs to final disposal;
   8. (8) proper disposal of all collected covered drugs in compliance with State and federal laws, rules, and regulations; and
   9. (9) program promotion and outreach.
2. (b) A manufacturer program operator shall allocate to covered manufacturers participating in the drug take-back program the administration and operational costs of the programs. The method of cost allocation shall be included in the drug take-back program proposal required under Section 35.

3. (c) A manufacturer program operator, covered manufacturer, authorized collector, or other person may not charge:

   1. (1) a specific point-of-sale fee to consumers to recoup the costs of a drug take-back program;
   2. (2) a specific point-of-collection fee at the time covered drugs are collected from a person; or
   3. (3) an increase in the cost of covered drugs to recoup the costs of a drug take-back program.
4. (d) A manufacturer program operator or covered manufacturer shall not charge any fee to an authorized collector or authorized collection site.
5. (e) The funding requirements in this Section shall not apply to a pharmacy location that is part of an existing contractual agreement entered into prior to the effective date of this Act between a pharmacy and a covered manufacturer to fund in part or whole the collection, transportation, or disposal of a covered drug so long as that contractual arrangement continues.

(Source: P.A. 102-1055, eff. 6-10-22.)