S T A T E O F N E W Y O R K
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2442
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
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Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the environmental conservation law, in relation to the
disposal of pharmaceutical drugs and controlled substances; and to
amend the education law, in relation to prohibiting the labeling of
prescriptions with directions to the consumer to dispose of the drug
by flushing it down the toilet
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title 27 of article 27 of the environmental conservation
law, as added by chapter 625 of the laws of 2008, is amended by adding a
new section 27-2705 to read as follows:
S 27-2705. DISPOSAL OF PHARMACEUTICAL DRUGS AND CONTROLLED SUBSTANCES.
1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "PHARMACEUTICAL DRUGS" SHALL MEAN:
(I) ARTICLES RECOGNIZED IN THE OFFICIAL UNITED STATES PHARMACOPOEIA,
OFFICIAL NATIONAL FORMULARY OR OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE
UNITED STATES, OR ANY SUPPLEMENT OF ANY OF THEM;
(II) ARTICLES INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION,
TREATMENT OR PREVENTION OF DISEASE IN HUMANS OR OTHER ANIMALS; OR
(III) ARTICLES, OTHER THAN FOOD, INTENDED TO AFFECT THE STRUCTURE OR
ANY FUNCTION OF THE BODY OF HUMANS OR OTHER ANIMALS.
ARTICLES DESCRIBED IN SUBPARAGRAPH (I), (II) OR (III) OF THIS PARA-
GRAPH SHALL NOT INCLUDE DEVICES OR THEIR COMPONENT PARTS OR ACCESSORIES.
B. "CONTROLLED SUBSTANCES" SHALL MEAN ANY CONTROLLED SUBSTANCE LISTED
IN THE SCHEDULE OF CONTROLLED SUBSTANCES SET FORTH IN SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
2. ON AND AFTER APRIL NINETEENTH, TWO THOUSAND ELEVEN, EVERY COUNTY IN
THIS STATE SHALL PROVIDE A PERMANENT PROGRAM FOR THE ACCEPTANCE AND
COLLECTION OF PHARMACEUTICAL DRUGS FROM RESIDENTIAL CITIZENS, EXCLUDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01181-03-1
A. 2442 2
HOSPITALS, HEALTH CARE FACILITIES AND PHARMACIES, FOR PROPER DISPOSAL.
SUCH PROGRAM SHALL BE IMPLEMENTED AND OPERATED BY THE SHERIFFS DEPART-
MENT OF EACH COUNTY. SUCH PROGRAM SHALL PROVIDE THAT THE PROPER DISPOSAL
OF PHARMACEUTICAL DRUGS BE MADE AT A DEPARTMENT REGULATED SOLID WASTE
INCINERATOR.
S 2. Section 6811-a of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. NO DRUG FOR WHICH ANY PRESCRIPTION IS REQUIRED BY THE PROVISIONS
OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT OR BY THE COMMISSIONER OF
HEALTH CONTAINED WITHIN A BOTTLE, VIAL, CARTON OR OTHER CONTAINER, OR IN
ANY WAY AFFIXED OR APPENDED TO OR ENCLOSED WITHIN A PACKAGE OF ANY KIND,
AND DESIGNED OR INTENDED FOR DELIVERY IN SUCH CONTAINER OR PACKAGE TO AN
ULTIMATE CONSUMER, SHALL INCLUDE ANY RECOMMENDATION OR DIRECTION TO THE
CONSUMER TO DISPOSE OF THE DRUG BY MEANS OF A PUBLIC OR PRIVATE WASTEWA-
TER TREATMENT SYSTEM, SUCH AS BY FLUSHING DOWN THE TOILET.
S 3. This act shall take effect immediately.