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San Joaquin County Page 4 Under our current regulations, such returned products are not considered solid wastes until a determination is made to discard these materials. The returned products themselves (being "commercial chemical products" under our classification system) are considered more product-like than waste-like (until a determination is made to dispose of them) because recycling by use/reuse is generally a viable option." While the letter and response focus on returned pharmaceuticals,the same reasoning and analysis should also apply with respect to returned grocery products as well: California's definition of"waste" in 22 CCR 66261.2 is: (a) "Waste" means any discarded material of any form (for example, liquid, semi-solid, solid or gaseous)... (b) A discarded material is any material which is any of the following: (1) relinquished as explained in subsection (c) of this section; or (2) recycled, as explained in subsection (d) of this section; or (3) considered inherently waste-like, as explained in paragraph (e) of this section. (c) A material is a waste if it is relinquished by being any of the following: (1) disposed of; (2) burned or incinerated; (3) accumulated, stored or treated, but not recycled, before or in lieu of, being relinquished by being disposed of, burned or incinerated. (d) A material is a waste if it is recycled, or accumulated, stored or treated before recycling, by being managed: (1) through being used in a manner constituting disposal: (A) materials noted with an "*" in column 1 of Table I are wastes when they are: 1. applied to or placed on the land in a manner that constitutes disposal; or 2. used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself is a waste); The products in question are not "wastes" because they are not being relinquished as in paragraph (c) above, or recycled as in paragraph (d) above. If the products are considered commercial chemical products that become retrograde materials, they are not waste until one year after becoming retrograde. However, no grocery product would remain in a store as long as a year after being considered retrograde (e.g. expired best-used-by date). Again determination regarding disposal or recycling, of a product, as opposed to its sale or donation, is made only when the item arrives at the PRC.