senate Bill S1310

Requires expiration dates of prescription drugs dispensed by a pharmacy to be listed on the package for consumers

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 14 / Jan / 2013
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Requires expiration dates of prescribed drugs dispensed by a pharmacy to be listed on the package label for consumers; provides for enforcement of such provisions by the attorney general.

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Bill Details

Versions:
S1310
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 33-B ยง3398, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4344
2009-2010: S1543

Sponsor Memo

BILL NUMBER:S1310

TITLE OF BILL:
An act
to amend the public health law, in relation to required labeling on
prescription drugs

PURPOSE:
To provide consumers of prescription drugs information about
expiration dates of those drugs.

SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new article, 33-B, to the Public Health Law,
prohibiting the sale of prescription drugs without a label which
lists the expiration date of the drugs.

JUSTIFICATION:
Prescription drug labels are often the only source of information a
consumer has about medication he/she is taking. Many drugs lose their
medicinal properties after a certain amount of time. Consumers who
take expired drugs may be placing their health in jeopardy, under the
illusion that they have taken the required medicine. This bill
institutes a necessary safeguard for the health of the consumer, and
poses little cost to the consumer, manufacturer, or pharmacist.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1310

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to required  labeling
  on prescription drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  article
33-B to read as follows:
                               ARTICLE 33-B
                 REQUIRED LABELING ON PRESCRIPTION DRUGS
SECTION  3398. IDENTIFICATION OF EXPIRATION DATES ON PACKAGES CONTAINING
                  PRESCRIBED DRUGS.
  S 3398. IDENTIFICATION OF  EXPIRATION  DATES  ON  PACKAGES  CONTAINING
PRESCRIBED DRUGS. 1. NO PRESCRIBED DRUG DISPENSED BY A PHARMACY PURSUANT
TO  A  PRESCRIPTION  BY  AN AUTHORIZED PRACTITIONER OF MEDICINE OR OTHER
PERSON LEGALLY AUTHORIZED TO ISSUE SUCH PRESCRIPTION MAY BE SOLD TO  THE
PUBLIC  UNLESS THE PACKAGING INCLUDES A LABEL WHICH LISTS THE EXPIRATION
DATE BY MONTH AND YEAR FOR THIS PRESCRIBED DRUG.
  2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO HIM THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION  OR  AGENT
OR  EMPLOYEE  THEREOF HAS VIOLATED ANY PROVISION OF THIS ARTICLE, HE MAY
BRING AN ACTION IN THE SUPREME COURT OF THE STATE  OF  NEW  YORK  FOR  A
JUDGMENT  ENJOINING  THE  CONTINUANCE  OF SUCH VIOLATION AND FOR A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IF  IT
SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
DEFENDANT HAS VIOLATED ANY PROVISION OF THIS ARTICLE, NO PROOF SHALL  BE
REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT
KNOWINGLY  OR  INTENTIONALLY  VIOLATED  SUCH  PROVISION.  IN SUCH ACTION
PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04280-01-3

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