(410 ILCS 720/35)

Sec. 35. 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 requirements under Section 25. If the Agency receives more than one proposal for a drug take-back program, the Agency shall review all proposals in conjunction with one another to ensure the proposals are coordinated to achieve the authorized collection site coverage set forth in subsection (j) of Section 25.

(b) The Agency shall approve a proposed program if each covered manufacturer and manufacturer program operator participating in the program has registered and paid the fee under Section 60, the program proposal demonstrates the program fulfills the requirements under Section 25, and the proposal includes the following information on forms prescribed by the Agency:

(1) The identity and contact information for the manufacturer program operator and each participating covered manufacturer.

(2) The identity and contact information for the authorized collectors participating in the drug take-back program.

(3) The identity of transporters and waste disposal facilities that the program will use to transport and dispose of collected covered drugs.

(4) The identity of all potential authorized collectors that were notified of the opportunity to serve as an authorized collector, including how they were notified.

(c) Within 90 days after receiving a drug take-back program proposal, the Agency shall either approve, reject, or approve with modification the proposal in writing to the manufacturer program operator. During this 90-day period, the Agency shall provide a 30-day public comment period on the drug take-back program proposal. If the Agency rejects the proposal, it shall provide the reason for rejection in the written notification to the manufacturer program operator.

(d) No later than 90 days after receipt of a notice of rejection under subsection (c) of this Section, the manufacturer or manufacturers participating in the program shall submit a revised proposal to the Agency. Within 90 days of receipt of a revised proposal the Agency shall either approve or reject the revised proposal in writing to the manufacturer program operator. During this 90-day period, the Agency shall provide a 30-day public comment period on the revised proposal.

(e) After approval, covered manufacturers must, individually or collectively, initiate operation of a drug take-back program meeting the requirements under Section 25 no later than December 1, 2023.

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