Minnesota Legislature
SF 1323
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to environment; modifying Infectious Waste Control Act;amending
1.3Minnesota Statutes 2008, section 116.78, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 116.78, subdivision 4, is amended to read:
1.6 Subd. 4. Sharps. (a) Sharps, except those generated from a household or from a
1.7farm operation or agricultural business:
1.8(1) must be placed in puncture-resistant containers;
1.9(2) may not be compacted or mixed with other waste material whether or not the
1.10sharps are decontaminated unless it is part of an infectious waste decontamination process
1.11approved by the commissioner of the Pollution Control Agency that will prevent exposure
1.12during transportation and disposal; and
1.13(3) may not be disposed of at refuse-derived fuel facilities or at other facilities
1.14where waste is hand sorted.
1.15(b) Every box of 90 or more syringes sold by sharps retailers must be accompanied
1.16by a free sharps disposal container that has adequate capacity to contain the sharps
1.17purchased. A purchaser may decline to accept the sharps disposal container. Sharps
1.18containers must be provided by the syringe manufacturers to the sharps retailers at no cost.
1.19(c) A sharps manufacturer that sells or distributes sharps that are usually intended
1.20for home use, shall, on or before July 1, 2011, and annually thereafter, submit to the
1.21Pollution Control Agency a plan that describes how the manufacturer supports the safe
1.22collection and proper disposal of the sharps.
1.23(d) The plan required under paragraph (c) shall include, at a minimum, a description
1.24of the actions, if any, taken by the manufacturer to do the following:
2.1(1) provide for the safe collection and proper disposal of sharps;
2.2(2) educate consumers about safe management and collection opportunities; and
2.3(3) support efforts by retailers, pharmaceutical distributors, local governments,
2.4health care organizations, public health officers, solid waste service providers, and other
2.5groups with interest in protecting public health and safety through the sale, collection, and
2.6proper disposal of sharps.
2.7(e) Sharps manufacturers must post and maintain a copy of the plans required under
2.8paragraph (c) on the manufacturer's Web site.
2.9(f) The commissioner of the Pollution Control Agency must post and maintain
2.10copies of plans submitted by manufacturers on the Pollution Control Agency Web site.
2.11(g) This subdivision does not apply to any medication provided in a hypodermic
2.12needle, pen needle, intravenous needle, or any other similar device that employs a
2.13mechanism or method to sheath, shield, or render nonhazardous the needle or similar
2.14device after use so as to substantially eliminate the possibility of an unintended or
2.15accidental needle stick.
2.16EFFECTIVE DATE.This section is effective January 1, 2011.
1.3Minnesota Statutes 2008, section 116.78, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2008, section 116.78, subdivision 4, is amended to read:
1.6 Subd. 4. Sharps. (a) Sharps, except those generated from a household or from a
1.7farm operation or agricultural business:
1.8(1) must be placed in puncture-resistant containers;
1.9(2) may not be compacted or mixed with other waste material whether or not the
1.10sharps are decontaminated unless it is part of an infectious waste decontamination process
1.11approved by the commissioner of the Pollution Control Agency that will prevent exposure
1.12during transportation and disposal; and
1.13(3) may not be disposed of at refuse-derived fuel facilities or at other facilities
1.14where waste is hand sorted.
1.15(b) Every box of 90 or more syringes sold by sharps retailers must be accompanied
1.16by a free sharps disposal container that has adequate capacity to contain the sharps
1.17purchased. A purchaser may decline to accept the sharps disposal container. Sharps
1.18containers must be provided by the syringe manufacturers to the sharps retailers at no cost.
1.19(c) A sharps manufacturer that sells or distributes sharps that are usually intended
1.20for home use, shall, on or before July 1, 2011, and annually thereafter, submit to the
1.21Pollution Control Agency a plan that describes how the manufacturer supports the safe
1.22collection and proper disposal of the sharps.
1.23(d) The plan required under paragraph (c) shall include, at a minimum, a description
1.24of the actions, if any, taken by the manufacturer to do the following:
2.1(1) provide for the safe collection and proper disposal of sharps;
2.2(2) educate consumers about safe management and collection opportunities; and
2.3(3) support efforts by retailers, pharmaceutical distributors, local governments,
2.4health care organizations, public health officers, solid waste service providers, and other
2.5groups with interest in protecting public health and safety through the sale, collection, and
2.6proper disposal of sharps.
2.7(e) Sharps manufacturers must post and maintain a copy of the plans required under
2.8paragraph (c) on the manufacturer's Web site.
2.9(f) The commissioner of the Pollution Control Agency must post and maintain
2.10copies of plans submitted by manufacturers on the Pollution Control Agency Web site.
2.11(g) This subdivision does not apply to any medication provided in a hypodermic
2.12needle, pen needle, intravenous needle, or any other similar device that employs a
2.13mechanism or method to sheath, shield, or render nonhazardous the needle or similar
2.14device after use so as to substantially eliminate the possibility of an unintended or
2.15accidental needle stick.
2.16EFFECTIVE DATE.This section is effective January 1, 2011.