S T A T E O F N E W Y O R K
________________________________________________________________________
6393
2023-2024 Regular Sessions
I N A S S E M B L Y
April 6, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to expanding the drug
take back act to include single-use and reusable electronic cigarettes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 290 of the public health law, as
added by chapter 120 of the laws of 2018, is amended to read as follows:
2. "Covered drug" means any substance recognized as a drug under 21
USC § 321(g)(1), as amended, and any regulations promulgated thereunder
that is sold, offered for sale or dispensed in the state, whether
directly or through a wholesaler, in any form including prescription and
nonprescription drugs, drugs in medical devices and combination
products, brand and generic drugs and drugs for veterinary use; provided
however, covered drug SHALL ADDITIONALLY INCLUDE SINGLE-USE AND REUSABLE
ELECTRONIC CIGARETTES AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-
NINE-AA OF THIS CHAPTER; PROVIDED HOWEVER COVERED DRUG shall not
include: (a) vitamins or supplements; (b) herbal-based remedies and
homeopathic drugs, products or remedies; (c) cosmetics, soap (with or
without germicidal agents), laundry detergent, bleach, household clean-
ing products, shampoos, sunscreens, toothpaste, lip balm, antiperspi-
rants or other personal care products that are regulated as both cosmet-
ics and nonprescription drugs under the Federal Food, Drug, and Cosmetic
Act; (d) pet pesticide products contained in pet collars, powders, sham-
poos, topical applications, or other forms; (e) drugs that are biolog-
ical products as defined in subdivision twenty-seven of section sixty-
eight hundred two of the education law if the manufacturer already
provides a take back program; (f) drugs for which a manufacturer
provides a take back program as part of a Federal Food and Drug Adminis-
tration managed risk evaluation and mitigation strategy; (g) emptied
injector products or emptied medical devices and their component parts
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09080-01-3
A. 6393 2
or accessories; and (h) drugs that are used solely in a clinical
setting.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.