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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A710
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.
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.
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.
The act would take effect immediately.
STATE OF NEW YORK
2015-2016 Regular Sessions
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.