Senate Bill S6339

2011-2012 Legislative Session

Provides that drugs shall only be disposed of by means of a drug manufacturer collection program

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	referred to environmental conservation

2011-S6339 (ACTIVE) - Details

See Assembly Version of this Bill:: A4651
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Ren Art 27 Title 27 §§27-2701 & 27-2703 to be Title 29 §§27-2901 & 27-2903, add §§27-2905, 27-2907 & 27-2909, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4922, A7345
2013-2014: A5610
2015-2016: A710

2011-S6339 (ACTIVE) - Summary

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.

2011-S6339 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6339

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to drug
management and collection programs

PURPOSE:
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 SPECIFIC 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 federal 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
immediately stop the dangerous practices of drug disposal by flushing
down the drain or the toilet or throwing drugs into the garbage and
subsequently 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-going, 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.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
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:
This act shall take effect immediately.

2011-S6339 (ACTIVE) - Bill Text download pdf

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

                                  6339

                            I N  S E N A T E

                            January 30, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Title 27 and sections 27-2701 and 27-2703 of article 27  of
the  environmental conservation law, as added by chapter 625 of the laws
of 2008, are renumbered title 29 and sections 27-2901 and 27-2903.
  S 2. The environmental conservation law is amended by adding three new
sections 27-2905, 27-2907 and 27-2909 to read as follows:
S 27-2905. DRUG MANAGEMENT.
  NO PERSON SHALL DISPOSE OF ANY DRUG AS MIXED SOLID WASTE  IN  A  LAND-
FILL.  DRUGS  SHALL  ONLY  BE  DISPOSED  OF AT A DRUG COLLECTION PROGRAM
ESTABLISHED PURSUANT TO SECTION 27-2907 OF THIS TITLE.
S 27-2907. DRUG COLLECTION PROGRAMS.
  1. EVERY MANUFACTURER SHALL ESTABLISH AND CONDUCT A COLLECTION PROGRAM
FOR UNUSED AND EXPIRED DRUGS. EACH MANUFACTURER SHALL BE RESPONSIBLE FOR
ALL COSTS AND THE SECURITY OF ITS DRUG PROGRAM. EVERY MANUFACTURER SHALL
ANNUALLY CONDUCT NOT LESS THAN ONE DRUG COLLECTION EVENT IN EACH  COUNTY
OF THE STATE.
  2.  ANY  MANUFACTURER  MAY  CONTRACT WITH A SUITABLE PUBLIC OR PRIVATE
THIRD PARTY TO ESTABLISH AND CONDUCT ITS DRUG COLLECTION PROGRAM.  EVERY
MANUFACTURER WHO ENTERS INTO A CONTRACT  PURSUANT  TO  THIS  SUBDIVISION
SHALL FULLY REIMBURSE SUCH THIRD PARTY FOR ALL COSTS OF IMPLEMENTING THE
DRUG COLLECTION PROGRAM.
  3.  EVERY  CONSUMER SHALL RETURN HIS OR HER DRUGS TO A DRUG COLLECTION
PROGRAM. NO SUCH PROGRAM SHALL IMPOSE A FEE UPON ANY  CONSUMER  FOR  THE
RETURN OF ANY DRUG.
  4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO
THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND
REGULATIONS PROMULGATED BY THE DEPARTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08898-01-1

S. 6339                             2

  5.  EACH  MANUFACTURER,  SHALL ON A BIANNUAL BASIS, SUBMIT A REPORT TO
THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING INFORMATION  ON
THE TYPES AND AMOUNT OF DRUGS COLLECTED.
S 27-2909. REGULATIONS.
  THE  DEPARTMENT SHALL PROMULGATE AND ENFORCE ANY REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. This act shall take  effect  immediately,  except  that  sections
27-2905  and  27-2907 of the environmental conservation law, as added by
section two of this act, shall take effect on the one hundred  eightieth
day after this act shall have become a law.

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Senate Bill S6339

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2011-S6339 (ACTIVE) - Details

2011-S6339 (ACTIVE) - Summary

2011-S6339 (ACTIVE) - Sponsor Memo

2011-S6339 (ACTIVE) - Bill Text download pdf

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2011-S6339 (ACTIVE) - Details

2011-S6339 (ACTIVE) - Summary

2011-S6339 (ACTIVE) - Sponsor Memo

2011-S6339 (ACTIVE) - Bill Text download pdf

Comments