Cal. Code Regs. tit. 14 § 18974

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 18974 - Record Keeping Requirements

Each party required to comply with Chapter 2 (commencing with section 42030, Part 3, Division 30 of the Public Resources Code) shall:

(a) Maintain records to support the requirements in this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code. Covered entities, stewardship organizations, program operators, retail pharmacies and retail pharmacy chains must maintain records to support compliance with this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code. Retail pharmacies or retail pharmacy chains will maintain and provide access to records required by this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code for a minimum of three years.

(b) Covered entities, stewardship organizations, and program operators will maintain and provide access to records required to be kept or submitted pursuant to this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code for a minimum of three years after submission of a document which relies upon those records.

(c) Retail pharmacies and retail pharmacy chains that are participating in the stewardship program must provide access to existing records on all covered products sold, offered for sale, or dispensed in the state, including:

(1) The manufacturer of the covered product(s).

(2) The date(s) the retailer purchased the covered product(s) from the manufacturer, distributor, and/or wholesaler.

(3) The date(s) the retailer sold, offered for sale, or dispensed the covered product(s).

(4) Certification letter(s) from the department, pursuant to subdivision (b) of section 42035 of the Public Resources Code, if provided by a covered entity or stewardship organization, to demonstrate that a particular covered product from the covered entity or stewardship organization is or was subject to a department-approved covered product stewardship plan. A retail pharmacy and retail pharmacy chain must provide access to a certification letter only if it is being used as proof of compliance, or to demonstrate that a covered entity or stewardship organization not listed on the department's internet website is in compliance.

Cal. Code Regs. Tit. 14, § 18974

1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42033.4, 42035, 42035.6 and 42036.4, Public Resources Code; and Section 17041, California Code of Regulations.

1. New section filed 1-7-2021; operative 1/7/2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.