Bill Text: NY A04651 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A04651 Detail]

Download: New_York-2011-A04651-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4651
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred 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:
    1    Section 1. Title 27 and sections 27-2701 and 27-2703 of article 27  of
    2  the  environmental conservation law, as added by chapter 625 of the laws
    3  of 2008, are renumbered title 29 and sections 27-2901 and 27-2903.
    4    S 2. The environmental conservation law is amended by adding three new
    5  sections 27-2905, 27-2907 and 27-2909 to read as follows:
    6  S 27-2905. DRUG MANAGEMENT.
    7    NO PERSON SHALL DISPOSE OF ANY DRUG AS MIXED SOLID WASTE  IN  A  LAND-
    8  FILL.  DRUGS  SHALL  ONLY  BE  DISPOSED  OF AT A DRUG COLLECTION PROGRAM
    9  ESTABLISHED PURSUANT TO SECTION 27-2907 OF THIS TITLE.
   10  S 27-2907. DRUG COLLECTION PROGRAMS.
   11    1. EVERY MANUFACTURER SHALL ESTABLISH AND CONDUCT A COLLECTION PROGRAM
   12  FOR UNUSED AND EXPIRED DRUGS. EACH MANUFACTURER SHALL BE RESPONSIBLE FOR
   13  ALL COSTS AND THE SECURITY OF ITS DRUG PROGRAM. EVERY MANUFACTURER SHALL
   14  ANNUALLY CONDUCT NOT LESS THAN ONE DRUG COLLECTION EVENT IN EACH  COUNTY
   15  OF THE STATE.
   16    2.  ANY  MANUFACTURER  MAY  CONTRACT WITH A SUITABLE PUBLIC OR PRIVATE
   17  THIRD PARTY TO ESTABLISH AND CONDUCT ITS DRUG COLLECTION PROGRAM.  EVERY
   18  MANUFACTURER WHO ENTERS INTO A CONTRACT  PURSUANT  TO  THIS  SUBDIVISION
   19  SHALL FULLY REIMBURSE SUCH THIRD PARTY FOR ALL COSTS OF IMPLEMENTING THE
   20  DRUG COLLECTION PROGRAM.
   21    3.  EVERY  CONSUMER SHALL RETURN HIS OR HER DRUGS TO A DRUG COLLECTION
   22  PROGRAM. NO SUCH PROGRAM SHALL IMPOSE A FEE UPON ANY  CONSUMER  FOR  THE
   23  RETURN OF ANY DRUG.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08898-01-1
       A. 4651                             2
    1    4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO
    2  THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND
    3  REGULATIONS PROMULGATED BY THE DEPARTMENT.
    4    5.  EACH  MANUFACTURER,  SHALL ON A BIANNUAL BASIS, SUBMIT A REPORT TO
    5  THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING INFORMATION  ON
    6  THE TYPES AND AMOUNT OF DRUGS COLLECTED.
    7  S 27-2909. REGULATIONS.
    8    THE  DEPARTMENT SHALL PROMULGATE AND ENFORCE ANY REGULATIONS NECESSARY
    9  TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   10    S 3. This act shall take  effect  immediately,  except  that  sections
   11  27-2905  and  27-2907 of the environmental conservation law, as added by
   12  section two of this act, shall take effect on the one hundred  eightieth
   13  day after this act shall have become a law.