NY State Senate Bill 2025-S5299

Senate Bill S5299

2025-2026 Legislative Session

Requires prescription containers for opioid medications to have a red cap top and a printed warning

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Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2025	referred to health

co-Sponsors

2025-S5299 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3331, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S6111

2025-S5299 (ACTIVE) - Summary

Requires prescription containers for opioid medications to have a red cap top and a printed warning about the risks of overdose and addiction.

2025-S5299 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5299

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring red cap
tops with a printed warning for opioid medications

 
PURPOSE OR GENERAL IDEA OF BILL:

Add to current Public Health Law the requirement that all prescription
Schedule II,III,IV, or V drugs shall have a Red Cap on the top and will
have a warning message as to its addictive properties.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 3331 of the Public Health Law by adding a new
subsection(c) which adds the requirement that all Schedule II,III,IV, or
V drugs must be sealed with a Red Cap and have the printed words
"Caution: Opioid. Risk of Overdose and Addiction" on it.

Section 2: Provides that this act shall take effect on the 180th day

after it becomes law.

 
JUSTIFICATION:

With the Opioid Epidemic still ravaging our communities and health care
system, it is important to take action to try to alleviate some of the
risks of prescription drug abuse. This bill seeks to give a preliminary
warning as to the dangerous and addictive effects of Opioids when not
taken properly. While current law does have orange stickers affixed to
the side of bottles, a red cap would be a much more visible sign and put
us in line with other States. This law is meant to protect children and
those unaware of the contents of a pill bottle from readily consuming
the pills within, and hopes to give further warning to those prescribed
the pills as to their addictive properties.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: S.6111-A, referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after it becomes law.

2025-S5299 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5299
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sens.  ASHBY,  BORRELLO, RHOADS, WEBER -- 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 requiring red cap
   tops with a printed warning for opioid medications

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph and paragraphs (b) and (c) of subdi-
 vision 4 of section 3331 of the public health law, as added  by  chapter
 415 of the laws of 1981, are amended to read as follows:
   No such substance [may] SHALL be dispensed unless it is enclosed with-
 in a suitable and durable container, and:
   (b)  Such  container  shall be identified as a controlled substance by
 [either]:
   (i) an orange label;
   (ii) a label of another color over which  is  superimposed  an  orange
 transparent adhesive tape; or
   (iii) an auxiliary orange label affixed to the front of such container
 and  bearing  the  legend,  prominently  marked  or  printed "Controlled
 Substance, Dangerous Unless Used As Directed";
   (c) SUCH CONTAINER SHALL BE SEALED WITH A RED CAP TOP WITH THE PRINTED
 WORDS:  "CAUTION: OPIOID. RISK OF OVERDOSE AND ADDICTION", OR SUCH SIMI-
 LAR WORDING AS DEVELOPED AND APPROVED BY THE DEPARTMENT. IF RED CAP TOPS
 ARE NOT READILY AVAILABLE DUE TO PRODUCTION DELAYS, SUCH REQUIREMENT MAY
 BE SATISFIED BY PLACING RED STICKERS ON TOP OF EXISTING  CAPS,  PROVIDED
 THAT SUCH RED STICKERS COVER MOST, IF NOT ALL, OF SUCH CAP TOPS; AND
   (D)  Any label, transparency, or auxiliary label shall be applied in a
 manner which would inhibit its removal.
   § 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.
                                                            LBD06192-01-5

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Senate Bill S5299

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Sponsored By

Jacob Ashby