N.J. Admin. Code § 7:26-3A.6

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:26-3A.6 - Definition of regulated medical waste

(a) A regulated medical waste is any solid waste, generated in the diagnosis, treatment (for example, provision of medical services), or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, that is not excluded or exempted under (b) below, and that is listed or meets any waste characteristic classification criteria described in the following table:

TABLE

REGULATED MEDICAL WASTE

Waste Class	Description
1.	Cultures and Stocks	Cultures and stocks of infectious agents
and associated biologicals, including:
cultures from medical and pathological
laboratories; cultures and stocks of
infectious agents from research and industrial
laboratories; wastes from the production of
biologicals; discarded live and attenuated
vaccines; and culture dishes and devices used
to transfer, inoculate, and mix cultures.
2.	Pathological Wastes	Human pathological wastes, including
tissues, organs, and body parts and body
fluids that are removed during surgery or
autopsy, or other medical procedures, and
specimens of body fluids and their containers.
3.	Human Blood and Blood Products	Liquid waste human blood; blood; items
saturated and/or dripping with human blood; or
items that or items that were saturated and/or
dripping with human blood that are now caked
with dried human blood; including serum,
plasma, and other blood components, and their
containers, which were used or intended for
use in either patient care, testing and
laboratory analysis or the development of
pharmaceuticals. Intravenous bags (only if
they have come into contact with blood or
other regulated body fluid), soft plastic
pipettes and plastic blood vials are also included in this category.
4.	Sharps	Sharps that were used in animal or human
patient care or treatment or in medical
research, or industrial laboratories,
including sharp, or potentially sharp if
broken, items such as, but not limited to,
hypodermic needles, all syringes to which a
needle can be attached (with or without the
attached needle) and their components,
including those from manufacturing research,
manufacturing and marketing, pasteur pipettes,
scalpel blades, blood vials, carpules, needles
with attached tubing, acupuncture needles and
culture dishes (regardless of presence of
infectious agents). Also included are other
types of broken or unbroken glassware that
were in contact with infectious agents, such
as used slides and cover slips.
5.	Animal Waste	Contaminated animal carcasses, body parts,
and bedding of animals that were known to have
been exposed to infectious agents during
research (including research in veterinary
hospitals), production of biologicals, or
testing of pharmaceuticals. Carcasses that are
not known to have been exposed to agents
infectious to humans are considered Waste Type
ID 25, and, therefore, are not included in this class.
6.	Isolation Wastes	Biological waste and discarded materials
contaminated with blood, excretion, exudates,
or secretions from humans who are isolated to
protect others from certain highly
communicable diseases, or isolated animals
known to be infected with highly communicable diseases.
7.	Unused Sharps	The following unused, discarded sharps,
that were intended to be used: hypodermic
needles, suture needles, syringes, and scalpel blades.

(b) The following are excluded from the definition of regulated medical waste:

1. Hazardous waste identified or listed under the regulations in 40 C.F.R. Part 261;

2. Household waste, generated in households utilizing home self-care as defined in 7:26-3A.5(b);

3. Ash from incineration of regulated medical waste once the incineration process has been completed;

4. Residues from treatment and destruction processes once the regulated medical waste has been both treated and destroyed;

5. Human corpses, remains and anatomical parts that are intended for interment or cremation;

6. Biological materials, including, but not limited to, those blood or blood products and pathological waste listed at (a)2 and 3 above, intended for use, reuse, or recycling as raw materials or products, except materials classified as Class-6 Isolation Wastes, pursuant to (a)6 above if the following conditions are met:

i. The materials are used, reused or recycled in accordance with all applicable Federal, State and local statutes and regulations for handling and managing the materials;

ii. The materials and their by-products are managed as regulated medical waste when discarded after use, reuse or recycling if not treated and destroyed as those terms are defined at N.J.A.C. 7:26-3A.5; and

iii. The generator of the materials reports the type, destination, and method of use, reuse, or recycling of the materials to the Bureau of Recycling and Hazardous Waste Management in the Division of Sustainable Waste Management at the address given at N.J.A.C. 7:26-3A.8(f)4 and the district solid waste coordinator of the district where the material originated at least once per year, or on request of the Department or any other agency;

7. Nonbiological materials intended for use, reuse, or recycling, except materials classified as Class-6, Isolation Waste pursuant to (a)6 above, if the following conditions are met:

i. The generator treats all used materials, or any unused materials, that have come into contact with a regulated body fluid or blood, or pathological waste as defined at (a) above at the site of generation before shipping the materials off site;

ii. The generator destroys all sharps at the site of generation before shipping the destroyed sharps off site for recycling of the devices' component raw materials; and

iii. The generator of the materials reports the type, quantity, destination, and method of use, reuse, or recycling of the materials to the Bureau of Recycling and Hazardous Waste Management in the Division of Sustainable Waste Management at the address given at N.J.A.C. 7:26-3A.8(f)4 and the district solid waste coordinator of the district where the material originated at least once per year, or on request of the Department or any other agency; and

8. RMW, or non-regulated medical waste managed as RMW, that is either generated by a person and is less than 100 pounds or has become the property of a person other than the original generator except through the sale or transfer of assets, and where such person has not generated RMW within a two year period prior to requesting the exemption nor to the best of their knowledge plans to generate RMW in the future, may have a "one time only" exemption from registering as a generator and may offer RMW to a licensed RMW transporter using its own number as the generator number. The Department shall issue an authorization for this exemption in response to written notification sent to the address listed at 7:26-3A.8(f)4 prior to the disposal of the RMW in order for a one-time exemption of this type to be valid. Authorizations for registration exemption will not be granted to persons the Department expects will generate RMW in the future.

(c) The following are exempted from the definition of regulated medical waste:

1. Etiologic agents being transported interstate pursuant to the requirements of the U.S. Department of Transportation, U.S. Department of Health and Human Services, and all other applicable shipping requirements are exempt from the requirements of this subchapter; and

2. Samples of regulated medical waste transported off-site by the EPA, the Department, the Department of Health or the New Jersey Department of Law and Public Safety for enforcement purposes are exempt from the requirements of this subchapter during the enforcement proceeding.

(d) In accordance with NJDOH rules (N.J.A.C. 8:27), body art establishments shall comply with the provisions of 13:1E-48.1 et seq., the Comprehensive Regulated Medical Waste Management Act, and all rules promulgated pursuant to the aforementioned Act.

(e) Acupuncturists shall comply with the provisions of 13:1E-48.1 et seq., the Comprehensive Regulated Medical Waste Act, and all rules promulgated pursuant to the aforementioned Act.

N.J. Admin. Code § 7:26-3A.6

Amended by 47 N.J.R. 991(a), effective 5/18/2015.

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023