NY State Senate Bill 2023-S5209

Archive: Last Bill Status - In Senate Committee Health 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 03, 2024	referred to health
Feb 27, 2023	referred to health

co-Sponsors

2023-S5209 (ACTIVE) - Details

See Assembly Version of this Bill:: A6393
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §290, Pub Health L

2023-S5209 (ACTIVE) - Summary

Expands the drug take back act to include single-use and reusable electronic cigarettes.

2023-S5209 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5209

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to expand the drug take back act by
designating single-use and reusable electronic cigarettes as covered
drugs.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 2 of section 290 of the public health law
to provide that single-use and reusable electronic cigarettes are
defined as covered drugs that can be returned to a drug take back site.

Section two states the effective date.

 
JUSTIFICATION:

Five disposable vapes are thrown away every second by young people in
the United States, despite their utilization of lithium-ion batteries. A
survey of almost 3,000 young people by Truth Initiative, a public health
organization working to end smoking and vaping, revealed that more than
half of 15-to-24 year olds who vape use disposable devices. Of those,
two thirds discard devices straight into their household trash. Vapes
(or e-cigarettes) use lithium-ion batteries to heat a liquid that is
inhaled. Even though most disposable vapes contain a rechargeable
battery, they are designed and marketed to be discarded once the liquid
runs out 1.

The toxic nature of lithium-ion batteries drastically increases their
propensity to catch fire, and designates them as hazardous waste. The
Environmental Protection Agency (EPA) reported 245 fires that were
caused by lithium-ion batteries between 2013 and 2020 in waste facili-
ties including garbage trucks and warehouses. Furthermore, e-cigarettes
can introduce plastic, nicotine salts, heavy metals, lead, and mercury
into the environment. These devices become pollution and break down into
toxic microplastics and chemicals that make their way into storm drains
and contaminate water sources.

The Drug Take Back Act created a program that mandates manufacturers to
establish, fund, and manage a New York State approved drug take back
program(s) for the safe collection and disposal of covered drugs. This
program ensures controlled substances are returned to secure sites, such
as pharmacies, which prevents them from being accessed by other individ-
uals, and stops them from polluting waterways and soil. By designating
single-use and reusable electronic cigarettes as a substance that can be
returned to drug take back sites, this legislation can fill the gap in
our current system for both combatting the use of harmful e-cigarettes
as well as protecting our waterways and wiidlife.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
1 https://www.thebureauinvestigates.com/stories
/2022-12-15/lithium-being-trashed-by -the-tonne-as-disposable-vapes-
flood-us-market

2023-S5209 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5209
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 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

 S. 5209                             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.

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Senate Bill S5209

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2023-S5209 (ACTIVE) - Details

2023-S5209 (ACTIVE) - Summary

2023-S5209 (ACTIVE) - Sponsor Memo

2023-S5209 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

Brian Kavanagh

2023-S5209 (ACTIVE) - Details

2023-S5209 (ACTIVE) - Summary

2023-S5209 (ACTIVE) - Sponsor Memo

2023-S5209 (ACTIVE) - Bill Text download pdf

Comments