CRA Member Newsletter

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September 3, 2024 | CRA Newsletter: 2023/2024 Legislative Victories, CRA Annual Meeting, Regulatory & Other Updates

Message from the President

Wow! What an end to an incredible legislative session! The California State Legislature is officially done as of midnight on Saturday August 31st and what an ending it was. Now the Governor has 30 days to either sign or veto bills (or if he does not act on the bill, it automatically becomes law). CRA had an extraordinarily successful session, and we are proud that we were able to produce major wins for our members, including:


  • A ten-bill public safety package, focused on retail theft that received overwhelming bi-partisan support focused on public safety reforms CRA members have been advocating for years. This was the most comprehensive package of retail theft reforms the California Legislature has passed in more than ten years.
  • PAGA reform - a thorn in the side of California businesses that has cost millions upon millions of dollars. CRA was proud to be part of the Executive Committee that negotiated the legislative deal signed by Governor Newsom in June.


In addition to these successes, as the session ended, CRA was able to successfully prevent top priority bills from moving forward in the legislative process or negotiated substantial amendments favorable to the retail industry due to the input of our members, including:


  • preventing staffing ratios for self-checkout.
  • preventing increases for cash back amount from gift cards
  • negotiating favorable amendments on a carpet EPR
  • negotiating favorable amendments on a household hazardous waste EPR
  • negotiating favorable amendments on a textile EPR


In addition, we were able to negotiate on behalf of our members on various bills in order to remove our opposition including: bills related to grocery and pharmacy closures (UFCW gave us all the amendments we asked for); re-useable grocery bags (while they did not take the last amendment we needed to move to support, they did give us what we asked for to clarify delivery and in-store pickup); we amended a bill in the last few days of session to include provisions to allow our retail pharmacies to continue to dispense Paxlovid without a prescription (only proof of a position Covid test); received requested amendments on prescription drug labels and accessibility that moved our position from oppose to support; and the timing worked in our favor as the automated decision tool bill, AB 2930, was not taken up in time and did not move forward to the Governor’s desk.


We also participated in advocating on a last-minute warehouse bill (AB 98) that was a priority of Assembly Leadership. While some folks were frustrated with the process, we understood the complexity of the issue and appreciated the willingness of the Speaker and authors of the bill to establish a “floor” on the warehouse and trucking issue, especially in the Inland Empire. We believe that a bill that does NOT include a Private Right of Action is a good step in the right direction. While we understand the frustration some have with how the negotiations went, we are hopeful that next year conversations will continue and, if/when they do, CRA will certainly be at the table to ensure the retail industry has a voice as important decisions are made that impact the goods movement in the state.


We do have a few bills we will be asking the Governor to veto, including bills focused on household product safety testing and enforcement (AB 347). This bill was flagged for us late in the session and, while we were unable to get it amended, we have been working with the California Department of Toxic Substances Control (DTSC) and will continue to do so through the regulatory process. We are also looking at possible “clean up” language next year when the legislature reconvenes.


Assemblywoman Wick’s bill on the collection of personal information of consumers less than 18 years of age also passed and is on its way to the Governor. This is a bit tricky, but we will see how the Governor lands on the issue. The language was rather broad, but there is definitely a concern about how minor’s information is being used. 


Finally, SB 399 deals with employee intimidation and information shared at the workplace. We joined the opposition lobbying efforts led by the California Chamber of Commerce. This is a top priority for Labor and they had very few wins this session, so this is a high hurdle for the business community to overcome, but we will certainly do our best to convince the Governor that this bill is not needed and would stimy other types of communication (think store tours for legislators) that actually help educate policy makers on important issues.


Lots on the plate as we look to the end of September and see where we end up in terms of bills that become law – and with the cloud of a fiscal cliff California is facing and an election year to boot. The next few weeks will be wild!


I am proud of the work the CRA team did these past few months – it was not easy. There were a number of twists and turns on various issues, but what is most impressive is the level of appreciation members of the legislature and the administration have for the CRA team. I am proud of what we have accomplished and am looking forward to what we will do on behalf of our members next year!


I do hope if you are not actively engaged in CRA that you will consider doing so. We will have over 40 new members in the Legislature next year so lots of great opportunities for us to “tell the retail story” and we can’t do it without our great members. If you would like more information about how you can engage, please do not hesitate to reach out to me directly, I am happy to make time to chat and find out how you can make a meaningful contribution to our success in California.


Thanks for your support of the California Retailers Association and I look forward to many more successes in the future! 



Rachel

In This Newsletter Issue:

  • 2023/2024 Legislative Victories
  • CRA Annual Meeting Two Weeks Away
  • Regulatory & Related Updates
  • CA Community Pharmacy Coalition Updates
  • Other Outreach and Activities

2023/2024 Legislative Victories

and a few unfortunate results

First, thank you to all of our members who provided feedback to ensure the CRA team had the proper information and tools to be successful. We could not advocate as effectively as we did without the input and subject expertise of our members who engaged with us over the past legislative session.


Final Retail Theft Bill


AB 1960 (R. Rivas) Smash and Grab Enhancements

CRA Position: Support

Legislative Result: Passed legislature. Awaiting Governor’s signature


(See here for full retail theft package)


Top Priority Successful Results


SB 1446 (Smallwood-Cuevas) Self-checkout and consequential workplace technology. 

CRA Position: Oppose

Legislative Result: Failed; CRA successfully had this held in the rules committee


SB 1272 (Laird) Gift certificates

CRA Position: Oppose

Legislative Result: Failed; Gut/amended to unrelated topic


AB 863 (Aguiar-Curry) Carpet and flooring recycling 

CRA Position: Removed opposition; CRA successfully inserted favorable amendments

Legislative Result: Passed legislature. Awaiting Governor’s action


AB 2991 (Valencia) Alcoholic beverage control: retailer payments: electronic funds transfers

CRA Position: Support as amended; CRA successfully inserted favorable amendments

Legislative Result: Passed legislature. Awaiting Governor’s action


SB 707 (Newman) Responsible Textile Recovery Act of 2024

CRA Position: Neutral; CRA successfully inserted favorable amendments

Legislative Result: Passed legislature. Awaiting Governor’s action


SB 1089 (Smallwood-Cuevas) Grocery and pharmacy closures 

CRA Position: Neutral as amended; CRA successfully inserted favorable amendments

Legislative Result: Passed legislature. Awaiting Governor’s action


SB 1143 (Allen) Paint products: stewardship program

CRA Position: Support as amended; CRA successfully reduced bill down to just an expansion of PaintCare, which had wide industry support including the paint industry

Legislative Result: Passed legislature. Awaiting Governor’s action


SB 1066 (Blakespear) Hazardous waste: marine flares: producer responsibility

CRA Position: Support

Legislative Result: Passed legislature. Awaiting Governor’s action


AB 2236 (Bauer-Kahan)/SB 1053 (Blakespear) Reusable grocery bags 

CRA Position: Neutral as amended; CRA successfully got unworkable language removed

Legislative Result: Passed legislature. Awaiting Governor’s action


SB 1059 (Bradford) Cannabis: local taxation: gross receipts

CRA Position: Support

Legislative Result: Passed legislature. Awaiting Governor’s action

SB 1451 (Ashby) Professions and vocations; Paxlovid

CRA Position: Support

Legislative Result: Passed legislature. Awaiting Governor’s action

AB 1902 (Alanis) Prescription drug labels: accessibility

CRA Position: Support; CRA successfully inserted favorable amendments

Legislative Result: Passed legislature. Awaiting Governor’s action


AB 3063 (McKinnor) Pharmacies: compounding

CRA Position: Support

Legislative Result: Passed legislature. Awaiting Governor’s action


AB 2930 (Bauer-Kahan) Automated decision tools 

CRA Position: Oppose

Legislative Result: Failed passage due to constitutional deadline


Top Priority Unfortunate Results


AB 347 (Ting) Household product safety: toxic substances: testing and enforcement 

CRA Position: Oppose

Legislative Result: Passed legislature. Awaiting Governor’s action. CRA veto request


AB 1949 (Wicks) California Consumer Privacy Act of 2020: collection of personal information of a consumer less than 18 years of age

CRA Position: Oppose

Legislative Result: Passed legislature. Awaiting Governor’s action


SB 1280 (Laird) Waste management: propane cylinders: reusable or refillable

CRA Position: Oppose

Legislative Result: Passed legislature. Awaiting Governor’s action. CRA veto request


Other Bill Results


SB 399 (Wahab) Employer communications: intimidation 

CRA Position: Oppose

Legislative Result:  Passed legislature. Awaiting Governor’s action


AB 98 (J. Carrillo & Reyes) Planning and zoning: warehouse logistics use: truck routes.

CRA Position: Neutral

Legislative Result: Passed legislature. Awaiting Governor’s action

CRA Annual Meeting

Two Weeks Away - Register Today!

CRA Annual Meeting

Sunday, September 15 - Tuesday, September 17

Napa Valley Marriott Hotel & Spa

3425 Solano Ave., Napa, CA 94558


The California Retailers Association will host this year's Annual Membership Meeting on Sunday, September 15 through Tuesday, September 17 at the Napa Marriott. CRA members will hear from industry leaders and policymakers on a variety of issues impacting the retail industry including EPR, Retail Theft, Labor & Employment Issues, PAGA Reform, Artificial Intelligence and more. We will also have the latest Legislative, Regulatory and Political Updates. View the event agenda HERE.


Register HERE.

Cal Retailers' Annual Meeting will include the

Second Annual California Retail Law Summit

Tuesday, September 16

Napa, CA


Join the National Retail Federation and the California Retailers Association for the second annual California Retail Law Summit on Monday, September 16, in beautiful Napa, California at the Napa Valley Marriott. This leading legal summit for retailers-only is an unparalleled event convening retail in-house counsel for expert-led discussions and CLE-eligible sessions designed to help retailers navigate the complexities of California’s ever-evolving legal landscape. Some of California’s top retail law experts will share insights and tactics on how to get ahead of the most pressing issues impacting retailers operating in California, including the hottest litigation threats, regulatory compliance requirements and legislative developments. View the event agenda HERE.


Retail Member (NRF/CRA): $200

Retail Non-member: $250


Register HERE.

Regulatory & Other Related Updates

CalRecycle Updates


Request for 45 day comment period extension in SB 54 Rulemaking

CRA prepared a letter to CalRecycle requesting an extension of the comment period for the pending revised draft rules for SB 54, shifting from the minimum 15-day comment period to a comment period no less than-45 days. This extended comment period would allow more time for stakeholder review, further opportunity for in-depth comments on the draft revised rules and would ensure that the SB 54 Advisory Board would have the opportunity to meet to discuss and develop its own comments. While the revised draft rules have not yet been released, we are preparing for multiple scenarios and plan to have this letter ready to send to CalRecycle should the agency opt to set the minimum 15-day comment period upon release. Read the letter we are preparing here.


CAA Participant Producer Agreement Consultation

The Circular Action Alliance (CAA), California's Producer Responsibility Organization (EPR) for the implementation of SB 54 shared an overview of the Participant Producer Agreement (PPA) with Producer Working Group attendees. The PPA is a critical next step in ensuring producer compliance with EPR for paper and packaging programs. In order to receive access to confidential reporting guidance and the reporting portal, producers must have completed a signed PPA with CAA. 


CAA is committed to a consultative relationship with the producers it represents, and as such, is inviting registered producers to preview and provide comments on the PPA. The consultation process is meant to solicit any major concerns producers may have with the structure or general contents of the PPA before it is finalized. 


CAA will not accept detailed redline edits and only feedback provided through the survey will be considered. As a reminder, this consultation is only being sent to producers that are registered with CAA. Please do not share the PPA draft with anyone other than: 1) your company, 2) legal counsel or 3) industry trade association (if they are providing comments on your behalf). 


CAA will accept survey responses from producers until the survey closes at 5 pm EDT, Wednesday, September 18. Late responses will not be considered. Only one survey may be completed per registered producer company. 


The next session of the Producer Working Group, scheduled for Tuesday, September 17, will share more information about the PPA consultation. CAA encourages producers and their legal counsel to register for this session if they have further questions on the consultation process. 


Click here to access the survey, where you may also choose to download a pdf version of the PPA. 


Updated Guidance on Recyclable/Compostable Materials

CalRecycle issued updates to its Covered Material Categories (CMC) list that provides insights and clarification on what materials are likely to be deemed recyclable or compostable in compliance with California’s EPR law, SB 54, and also its law limiting use of the chasing arrows symbol and other recyclability claims, SB 343.


The initial list was published in December 2023, and by statute was required to be updated by July 1, 2024. The updated list has 94 categories, down from 98 initial categories (and down from over 130 in a previous draft). The determinations as to the recyclability of those categories are still preliminary and will be finalized on January 1, 2025.


Producers of covered materials under California and other state EPR laws will be responsible for the full life cycle of covered materials and must join and fund a Producer Responsibility Organization (PRO) charged with implementing the laws, which in CA is the Circular Action Alliance or CAA.


The CMC list also provides guidance on what materials may be labeled with a chasing arrows symbol. California passed SB 343 in 2021, which prohibits use of the chasing arrows symbol or other recyclability claims unless the materials meet specific requirements.


The law includes a sell-through period for products and packaging manufactured up to 18 months after CalRecycle issues regulations concerning what materials meet those requirements. Finalization of the CMC list (Jan. 1, 2025) is expected to trigger that 18-month grace period. Read more.


SB 54 PRO Hires CEO

CAA announced Jeff Fielkow as the organization’s chief executive officer. Jeff brings more than three decades of business experience, including extensive executive leadership in the packaging and recycling industries, to his role as CAA’s first CEO.


SB 54 PRO Producer Working Group #9 Recap

CAA held its ninth Producer Working Group Meeting (PWG #9), which focused on CAA’s Participant Agreement and an overview of SB 54 regulatory terms including EPR, PRO and Eco Modulation. Read the CRA team recap for our members here, which includes the Q&A portion of the call not provided by CAA.


SB 54 PRO Bonus Q&A Session Recap

CAA held a bonus questions and answers session for all producers who have registered to date with the PRO. Cal Retailers was in attendance and provided a recap for our members here. Producers can sign up for CAA on boarding sessions here. Access CAA's producer resource center here.


Next SB 54 PRO Stakeholder Update

The next CAA Stakeholder Update will be held on Thursday, September 24 at 9:00AM PST. Producers will meet CAA’s new CEO, Jeff Fielkow, CAA executive directors for Oregon and California and learn more about CAA’s work to prepare for the country’s first EPR programs for paper and packaging. The presentation will be followed by a Q&A session. Register here.


SB54 CEQA Public Scoping Meeting Recap

CalRecycle, as the Lead Agency, is preparing a Program Environmental Impact Report (PEIR) pursuant to the California Environmental Quality Act (CEQA) for SB 54 proposed regulations. CalRecycle held a public scoping meeting for the purposes of soliciting written comments from interested parties, responsible agencies, agencies with jurisdiction by law, trustee agencies and involved federal agencies, as to the appropriate scope and content of the PEIR.The CRA team was in attendance and prepared a recap for our members, available here. Get more information on the SB 54 webpage.


Final Reminder: 15-Day Comment Period for SB 1013 Dealer Registration and Dealer Cooperatives Ending

CalRecycle's 15-day written comment period for the proposed revisions to the SB 1013 Dealer Registration and Dealer Cooperatives Permanent Rulemaking ends today, Tuesday, September 3. This 15-day written comment period follows an initial 45-day public comment period that began on March 15, 2024, and ended on April 30, 2024. On April 30, 2024, CalRecycle held a hybrid public hearing to receive public comments.


CalRecycle will only consider written comments sent to CalRecycle and received during the 15-day written comment period which begins on August 19, 2024 and ends on September 3, 2024. Written comments received by CalRecycle after the close of the public comment period are considered untimely. CalRecycle may, but is not required, to respond to untimely comments, including those raising significant environmental issues.


The Notice of 15-Day Changes to Proposed Rulemaking (Notice) and the revised regulation text are available below. Please refer to the Notice and the rulemaking webpage for more information, including how to submit comments. 


  • View the Notice here.
  • Access the rulemaking webpage here.
  • Read the regulation text here.
  • Submit comments here.


Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.


For additional information or questions regarding this rulemaking effort, please contact Regulations@CalRecycle.ca.gov.


CalRecycle's Zero Waste Plan Update

CalRecycle is drafting a statewide Zero Waste Plan, which is due to the legislature January 1, 2026. CalRecycle held a public workshop to gather feedback on the Plan. CRA was in attendance and took notes for our members. Read the recap here. View the workshop agenda here and the discussion document here.


Final Reminder: Battery-Embedded Products Informal Rulemaking Comment Period Ending

CalRecycle is accepting public comment on select requirements outlined in Senate Bill 1215 (Newman, Chapter 370, Statutes of 2022). Public comment is due by September 3, 2024Comments can be submitted here.


Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written comments, attachments and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. 


CalOSHA Updates


The CRA team is preparing a letter to send to CalOSHA today regarding draft regulations for workplace violence, which were passed last year under SB 553 (Cortese). Thank you to our members for providing feedback. CRA worked hard last year to make SB 553 less terrible for retailers including preventing retailers from being labeled a high violence industry, but there are still a lot of concerns with these regulations, which are required under state law to be finalized by December 31, 2026. Read more about the issue here.


Additionally, of note, CalOSHA announced the hiring of a chief and eight investigators since July to a unit that investigates workplace violations involving serious injuries and worker deaths in which the state recommends criminal charges against the employers. 

Privacy Updates


Data Broker Registration

The California Privacy Protection Agency (CPPA) held a public hearing on the proposed Data Broker Registration regulations authorized by Senate Bill (SB) 362 (2023), also known as the Delete Act on July 5, 2024. View the shared notice of proposed rulemaking here. The proposed regulations and supporting documents can be accessed here.


ADT, Risk Assessments, Cybersecurity Audits and Insurance

The CPPA Board met to consider, among other business, the approval of draft regulations to formal rulemaking for automated decisionmaking technology, risk assessments, cybersecurity audits and insurance, which included amendments for “extensive profiling” for “analyzing consumers’ personality, interests, behavior or location in their workplace, at school (‘work/educational profiling’) or in public places” and “using facial-recognition technology in a store to identify potential shoplifters” or “profiling for behavioral advertising. The CRA team covered the meeting on behalf of our members. Read our meeting notes here and the update we sent to our members here.

CARB Updates


Advanced Clean Fleets EPA Hearing

California Air Resources Board (CARB) Chair urged the Biden Administration's Environmental Protection Agency in a public hearing to grant California a waiver that allows the state to enact the Advanced Clean Fleets (ACF) regulation. Adopted in 2023, California’s ACF is the first in the world to ban new diesel trucks and force a switch to zero-emission big rigs, garbage trucks, delivery trucks and other medium and heavy-duty vehicles. No new fossil-fueled medium-duty and heavy-duty trucks would be sold in the state starting in 2036. Large trucking companies also must convert fleets to electric or hydrogen models by 2042.


For more than 50 years, California has had the authority under the Clean Air Act to set its own emission standards for trucks, cars and other vehicles. But the EPA must grant a waiver for each specific rule that California adopts before it can be implemented. One deadline in the state rule — regulating drayage trucks that operate at ports — was supposed to kick in this year. But the air board has delayed enforcing the measure until it receives an EPA waiver.


Additionally, a group of Republican lawmakers are also calling on the governor to delay the ACF regulation.


Read more here and here.


Workshop on Targeted Amendments to ACF Regulation

CARB is holding a public meeting onTuesday, September 24 from 9:00am - 12:00pm PST at the California EPA headquarters Sierra Hearing Room located at1001 I Street in Sacramento to discuss proposed amendments to the ACF regulation that implement the requirements of Assembly Bill (AB) 1594 (Garcia, Chapter 585, Statutes of 2023).


This is the second workshop on AB 1594. The meeting will be held in-person in Sacramento and via Zoom. Remote participants must register via Zoom. This meeting will be recorded and made available on the ACF - Meetings & Workshops website.


The following is a summary of proposed amendments to be discussed at the workshop:

  • A definition of traditional utility-specialized vehicles
  • Modifying eligibility criteria for a ZEV Purchase Exemption for a new traditional utility-specialized vehicle without regard to the model year of the vehicle being replaced
  • Necessary changes to the Daily Usage exemption to allow for broader usage data for traditional utility-specialized vehicles that does not exclusively rely on the lowest mileage reading and does not exclude the highest usage days
  • Minor edits to the transit fleet vehicle definition and other updates or clarifications


Meeting materials will be made available in advance of the workshop on the Advanced Clean Fleets - Meetings & Events website. Draft rulemaking language will be made available and posted online prior to the meeting.


New Forklift Rule

CARB passed a new regulation that will phase out the operation of large spark-ignited (LSI) forklifts in California and spur the use of zero-emissions alternatives. Under the rule, manufacturers cannot produce or sell, for use in California, Class IV and Class V LSI forklifts – categories that largely operate on propane, gasoline and natural gas – beginning in 2026. The rule also phases out the use of spark-ignited forklifts by large fleets, defined as 26 units or more, starting in 2028. The phase-out schedule is by model year and designed so that no forklift is required to be phased out before it is 10 years old. Smaller fleets will phase out the use of spark-ignited forklifts starting in 2029. Read more.


One-Stop Truck Event in Tulare, CA - September 17, 2024

Tulare is the next stop of a multi-stop roadshow throughout California. For a list of future One-Stop Truck Events dates and locations, visit CARB One-Stop Truck CARB One-Stop Truck Events.


Join CARB, local agencies and Air Districts on September 17 from 9:00AM - 1:00PM PST (registration begins at 8:30AM PST) and get insight, education and resources on CARB’s clean truck and diesel regulations, compliance, funding and more. Event highlights will include:

  • One-on-One Compliance Assistance
  • Overview Presentations of Clean Truck Check, Advanced Clean Fleets, and the Off-Road Regulation
  • Enforcement Overview
  • Incentive Funding Opportunities


The final agenda will be available on the registration page and will be shared prior to the event.  


The event will be located at International Agri-Center,  4500 South Laspina Street, Tulare, CA 93274. Registration is required for this event. Register here. Registration Issues? Please email OneStopEvents@arb.ca.gov.


Each stop will provide an opportunity to listen to regulatory overview presentations, participate in one-on-one compliance discussions and meet CARB regulatory experts and incentive program staff. 

Safer Consumer Products Program


The Safer Consumer Products (SCP) Program is a part of the California Department of Toxic Substances Control (DTSC). DTSC's mission is to advance the design, development and use of products that are chemically safer for people and the environment. DTSC does this by identifying and regulating Priority Products, which are specific product-chemical combinations that have the potential to expose people or the environment to one or more Candidate Chemicals contained in the product, thus potentially causing or contributing to significant or widespread adverse impacts.


Manufacturers of Priority Products have to comply with the SCP regulations. If they fail to comply, it becomes the duty of importers to comply. If both manufacturers and importers fail to comply, the non-compliant Priority Product(s) are placed on a Failure to Comply (FTC) List. When a Priority Product is added to the FTC List, retailers who sell, or offer for sale, those Priority Product(s) in California become a Responsible Entity with a duty to comply.


Retailers may avoid the responsibility for compliance if they cease ordering non-compliant Priority Products that have been placed on the FTC List and they submit a Cease Ordering Notification to DTSC. Cease Ordering Notifications are due no later than 90 days after DTSC has provided notice to retailers that the product in question was added to the FTC List. Retailers who choose to submit a Cease Ordering Notification are only required to cease ordering those noncompliant products specifically identified on the Priority Products List. Retailers may continue selling through the stock of Priority Products that they have already purchased prior to the date those products were added to the FTC List, but must provide DTSC with an estimate of the length of time it will take to exhaust their remaining inventory of non-compliant product(s). Cease Ordering Notifications may be submitted via DTSC’s CalSAFER portal.


Click here to be alerted when new products are added to DTSC's Priority Products List. For questions or assistance, reach out to Ms. Anna Bellini at anna.bellini@dtsc.ca.gov, or email the SCP Program at SaferConsumerProducts@dtsc.ca.gov.

South and East Coast Ports Labor Negotiations Update


The CRA team is monitoring the ongoing labor contract negotiations between the International Longshoremen's Association (ILA) and the U.S. Maritime Alliance (USMX). The deadline for an agreement is fast approaching, which could have significant impacts on ports from Maine to Texas.

California Community Pharmacy Coalition Updates

Legislative updates provided in End of Session Recap at top of this newsletter


Board of Pharmacy

BOP Quality Assurance Programs Regulation - Feedback Needed

The Board of Pharmacy (BoP) is proposing a regulation related to quality assurance (QA) programs. Specifically, the regulation would require QA programs to capture the approximate date of a medication error, the staff involved, any use of automation, the type of error and workload volume. It would also require thorough review and documentation to prevent future errors. The Board’s rationale for this proposal is to "ensure a more robust review of the circumstances surrounding each error and identification of possible contributing factors, including workload, to help prevent future medication errors.” 


Public comments are due September 23Please let us know if you have any questions or concerns about this proposal. Here is the notice of proposed actionregulation text, and initial statement of reasons. Read a previous update on this issue the CRA team sent out here.


Notice of Proposed Action - Pharmacy Technician Certification Programs

The BoP released a Notice of Proposed Action to amend Section 1793.65, of Article 11 of Title 16, Division 17, of the California Code of Regulations related to the Pharmacy Technician Certification Programs. The Board will accept comments to the proposed text through Monday, October 7, 2024.


Contact Person: Lori Martinez

Agency Name: California State Board of Pharmacy

Address: 2720 Gateway Oaks Dr., Ste 100, Sacramento, CA 95833

Email: PharmacyRulemaking@dca.ca.gov

Fax: (916) 574-8618


Any comments directly concerning the proposed text will be considered be the Board and responded to in the Final Statement of Reasons. Click here to view all documents associated with this proposed regulatory action and other pending regulations.


Notice of Approval: CCR section 1747, Independent HIV Preexposure Prophylaxis Furnishing

An emergency rulemaking action to amend section 1747 of Title 16 of the California Code of Regulations – relating to the independent furnishing of HIV preexposure prophylaxis – has been approved by the Office of Administrative Law.


The Notice of Approval and the text of CCR section 1747 – Independent HIV Preexposure and Postexposure Prophylaxis Furnishing – can be viewed on the Approved Regulations page at the Board of Pharmacy’s website, www.pharmacy.ca.gov.


July/August Board meeting Recap

The CRA team covered the last full meeting of the BoP, which was held on July 31 and August 1. The focus of the board meeting was to review and potentially take action on the BoP's comprehensive compounding regulations that update requirements for non-sterile snd sterile compounding in pharmacies to reflect updates to USP. The Board also heard reports on the Enforcement and Compounding and Licensing Committee meetings that took place earlier in July and discussed central fill, licensure for nonresident pharmacies, pharmacy technician training and legislation. Download the CRA team's recap of the entire BoP meeting here.


Upcoming BoP Meetings:

  • Licensing Committee - September 4, 2024. Additional meeting added by committee to continue its work on the Standard of Care Model. View the meeting agenda, meeting materials, Webex public access guide here.
  • Full Board meeting - September 12, 2024. View the meeting agenda and Webex public access guide here. Meeting materials are not yet posted.

Other Outreach and Activities

CRA Joins Governor Newsom, Legislative Leadership and Others in Signing of Landmark Retail Theft Legislative Package


CRA President Michelin joined Governor Gavin Newsom, Assembly Speaker Robert Rivas, Senate President pro Tem Mike McGuire, authors of the bills in the Retail Theft package and CRA members during a historic signing of landmark legislation that will protect our consumers, stores and the neighborhoods in which retailers operate in.


CRA President Michelin also joined Assembly Speaker Robert Rivas and Assemblymember Juan Alanis In downtown Salinas along with several dozen Central Coast elected officials, law enforcement leaders, business owners and local and state lawmakers to announce the new retail theft laws.


Click here for a roundup of news clips on the Retail Theft bill signings.

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