Sharps waste.

(1) Existing law, the Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, as defined. Existing law specifically excludes home-generated sharps waste, as defined, from the definition of medical waste. Existing law requires all sharps waste to be placed into a sharps container, taped closed, and labeled with the words "sharps waste" or with the international biohazard symbol and the word "BIOHAZARD." Existing law prohibits a person from knowingly placing home-generated sharps waste in certain types of containers and requires that home-generated sharps waste be transported only in sharps containers, as defined, or other containers approved by the State Department of Public Health or the local enforcement agency. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacturing, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor. This bill would require all sharps sold to the general public in California in quantities of 50 or more to include a free sharps waste container that meets applicable state and federal standards for collection and disposal of medical sharps waste. The bill would require the sharps manufacturer to provide the sharps container at no cost. The bill would require the container to, among other things, be labeled with the words "sharps waste" or with the international biohazard symbol and the word "BIOHAZARD" and would also require specified information to be included on a label affixed to the container or on a separate insert included in the sharps packaging. The bill would not preempt a local ordinance that establishes a mandatory system for the collection of home-generated sharps waste for disposal. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (2) Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to develop a cost-efficient workers' compensation information system and requires the administrative director to adopt regulations specifying the data elements to be collected by electronic data interchange. Existing law defines "sharps waste" to mean any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needs, hypodermic needles with syringes, and syringes contaminated with biohazardous waste. This bill would encourage the administrative director to review the department's practices for identifying puncture wounds caused by sharps waste in nonhealth care occupations to determine ways of encouraging more accurate reporting and collection of needlestick injury data. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.