A00710 Summary:

COSPNSRColton, Schimel, Jaffee, Lifton
MLTSPNSRCook, Glick, Robinson
Ren Art 27 Title 27 SS27-2701 & 27-2703 to be Title 28 SS27-2801 & 27-2803, add SS27-2805, 27-2807 & 27-2809, En Con L
Provides that drugs shall only be disposed of by means of a drug manufacturer collection program; requires all drug manufacturers to establish and conduct a collection program for expired and unused drugs; requires manufacturers to dispose of drugs in an environmentally sound manner.
Go to top    

A00710 Actions:

01/07/2015referred to environmental conservation
01/06/2016referred to environmental conservation
Go to top

A00710 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Englebright (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to drug management and collection programs   PURPOSE OF THE BILL: The bill would require manufacturers of both prescription and over-the- counter drugs to be responsible for establishing drug take-back programs for these drugs.   SUMMARY OF PROVISIONS: The bill prohibits the disposal of any drug as mixed solid waste in a landfill and only allows drug disposal through a drug collection program established by this bill. The bill would create a drug collection program which would be the responsibility of drug manufacturers who market their drugs in NYS. Each manufacturer would be required to hold at least one drug collection in each county of the state. Manufacturers would be authorized to contract with a public or private third party to conduct the drug collection program, but all costs would be borne by the manufacturer. No fees could be charged to the consumer for drug collection. Manufacturers would be required to report biannually to the DEC on their drug collection programs.   JUSTIFICATION: Many recent studies have demonstrated that drinking water is being contaminated with common medications. The presence of medications creates a serious public health problem, with the exposure of drugs to the general populace, most importantly our infants and young children. There have been a few drug collections in the Northeast, which although successful, have barely scraped the surface of this problem. The feder- al Resource Conservation and Recovery Act (RCRA) exempts household waste (including prescription and ATC drugs) from hazardous waste regulation. Furthermore, EPA has made clear that reverse distributors may not accept already dispensed medication as part of that waste stream. However, individual states may determine that drugs are hazardous wastes and must be managed as such. The creation of drug collection programs by manufacturers would imme- diately stop the dangerous practices of drug disposal by flushing down the drain or the toilet or throwing drugs into the garbage and subse- quently the landfill. There have been successful drug collection programs in the State of Washington (2 years), Alberta Province. Canada (10 years), Wisconsin Clean Sweep funds local municipal drug collection programs, the EPA Great Lakes Earth Day Challenge of 2008, Cumberland County, PA, Salt Lake City, UT, Price Chopper 2008 collection program, and other locations across the country. As important as these events are, they are not a replacement of a on-go- ing, comprehensive collection effort to remove unwanted and expired drugs from our households. It is time to act now to eliminate this significant threat to our health and our environment.   LEGISLATIVE HISTORY: 2009-10 A7345 referred to environmental conservation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: DEC would be responsible to promulgate any necessary rules and relations, to assure compliance with the requirements of this bill, and to accept the biannual reports from manufacturers.   EFFECTIVE DATE: The act would take effect immediately.
Go to top

A00710 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 7, 2015
        Introduced  by  M. of A. ENGLEBRIGHT, COLTON, SCHIMEL, JAFFEE, LIFTON --
          Multi-Sponsored by -- M. of A. COOK, GLICK -- read once  and  referred
          to the Committee on Environmental Conservation
        AN  ACT to amend the environmental conservation law, in relation to drug
          management and collection programs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Title 27 and sections 27-2701 and 27-2703 of article 27 of
     2  the environmental conservation law, as added by chapter 625 of the  laws
     3  of 2008, are renumbered title 28 and sections 27-2801 and 27-2803.
     4    § 2. The environmental conservation law is amended by adding three new
     5  sections 27-2805, 27-2807 and 27-2809 to read as follows:
     6  § 27-2805. Drug management.
     7    No  person  shall  dispose of any drug as mixed solid waste in a land-
     8  fill. Drugs shall only be disposed  of  at  a  drug  collection  program
     9  established pursuant to section 27-2807 of this title.
    10  § 27-2807. Drug collection programs.
    11    1. Every manufacturer shall establish and conduct a collection program
    12  for unused and expired drugs. Each manufacturer shall be responsible for
    13  all costs and the security of its drug program. Every manufacturer shall
    14  annually  conduct not less than one drug collection event in each county
    15  of the state.
    16    2. Any manufacturer may contract with a  suitable  public  or  private
    17  third party to establish and conduct its drug collection program.  Every
    18  manufacturer  who  enters  into  a contract pursuant to this subdivision
    19  shall fully reimburse such third party for all costs of implementing the
    20  drug collection program.
    21    3. Every consumer shall return his or her drugs to a  drug  collection
    22  program.  No  such  program shall impose a fee upon any consumer for the
    23  return of any drug.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 710                              2
     1    4. Every manufacturer shall dispose of all drugs collected pursuant to
     2  this section in an environmentally sound manner as provided in rules and
     3  regulations promulgated by the department.
     4    5.  Each  manufacturer,  shall on a biannual basis, submit a report to
     5  the department on its drug collection program, including information  on
     6  the types and amount of drugs collected.
     7  § 27-2809. Regulations.
     8    The  department shall promulgate and enforce any regulations necessary
     9  to implement the provisions of this title.
    10    § 3. This act shall take  effect  immediately,  except  that  sections
    11  27-2805  and  27-2807 of the environmental conservation law, as added by
    12  section two of this act, shall take effect on the one hundred  eightieth
    13  day after this act shall have become a law.
Go to top