(410 ILCS 720/55)

Sec. 55. 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 limited to:

(1) collection and transportation supplies for each collection site;

(2) purchase of collection receptacles for each collection site;

(3) ongoing maintenance or replacement of collection receptacles when requested by authorized collectors;

(4) costs related to prepaid, preaddressed mail;

(5) compensation of authorized collectors, if applicable;

(6) operation of periodic collection events, including, but not limited to, the cost of law enforcement staff time;

(7) transportation of all collected covered drugs to final disposal;

(8) proper disposal of all collected covered drugs in compliance with State and federal laws, rules, and regulations; and

(9) program promotion and outreach.

(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.

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

(1) a specific point-of-sale fee to consumers to recoup the costs of a drug take-back program;

(2) a specific point-of-collection fee at the time covered drugs are collected from a person; or

(3) an increase in the cost of covered drugs to recoup the costs of a drug take-back program.

(d) A manufacturer program operator or covered manufacturer shall not charge any fee to an authorized collector or authorized collection site.

(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.)