(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.)