(1) In a form and manner prescribed by the Department of Environmental Quality, except as provided in subsection (3) of this section, a program operator must request preapproval from the department for any change to a drug take-back program that substantively alters the drug take-back program. A program operator must make a request under this subsection not later than 30 days before the change is to occur. For purposes of this subsection, the following types of changes substantively alter a drug take-back program:

(a) Changes involving methods used to collect covered drugs;

(b) Changes involving methods used to dispose of covered drugs;

(c) Changes to the policies and procedures for handling and disposing of covered drugs;

(d) Changes to the policies and procedures for securing patient information that may be printed on the packaging of a covered drug;

(e) Changes involving methods used to foster public awareness of the proposed drug take-back program;

(f) Changes to drop-off sites that do not meet the requirements of ORS § 459A.209 (2)(i);

(g) Changes in the location of a drop-off site; and

(h) Changes to the location or schedule of a collection event held pursuant to ORS § 459A.221.

(2) The department shall approve or reject a request submitted pursuant to subsection (1) of this section within 30 days of receiving the request. If the department does not approve or reject the request, and provide written notice to the program operator of the department’s decision within 30 days of the date on which the department received the request, the proposed change shall be considered approved.

(3)(a) If a program operator intends to make a proposed change to a drug take-back program but, for good cause as determined by the department, is unable to make a request 30 days before the proposed change is to occur as required under subsection (1) of this section, the program operator shall notify the department of the proposed change as far in advance of the proposed change as practicable. Upon receipt of notice described in this subsection, the department shall consult with the program operator regarding the proposed change. Not later than seven business days after receiving the notice, the department may temporarily approve the proposed change.

(b) The Environmental Quality Commission may adopt rules to carry out this subsection.

(4) In a form and manner prescribed by the department, a program operator must notify the department:

(a) Not later than 30 days after the change occurs of any change to the contact information for the program operator.

(b) Not later than 60 days after the change occurs, of any change involving:

(A) Which covered manufacturers are participating in the drug take-back program;

(B) The contact information for a covered manufacturer participating in the drug take-back program; or

(C) The ownership of a covered manufacturer participating in the drug take-back program. [2019 c.659 § 5]

See note under 459A.200.