Bill Text: NY S06108 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires the labeling of prescription drug containers where such drugs contain gluten, lactose or food dye.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S06108 Detail]

Download: New_York-2019-S06108-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6108--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN  ACT  to  amend  the  education  law,  in  relation  to  labeling  of
          prescription drugs containing gluten, lactose or food dye

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 6810  of  the  education  law,  as
     2  amended  by  section  2  of part V of chapter 57 of the laws of 2012, is
     3  amended to read as follows:
     4    1. No drug for which a prescription is required by the  provisions  of
     5  the Federal Food, Drug and Cosmetic Act or by the commissioner of health
     6  shall   be  distributed  or  dispensed  to  any  person  except  upon  a
     7  prescription written by  a  person  legally  authorized  to  issue  such
     8  prescription.  Such  drug shall be compounded or dispensed by a licensed
     9  pharmacist, and no such drug shall be dispensed without affixing to  the
    10  immediate container in which the drug is sold or dispensed a label bear-
    11  ing  the  name and address of the owner of the establishment in which it
    12  was dispensed, the date compounded, the number of the prescription under
    13  which it is recorded in the pharmacist's prescription files, the name of
    14  the prescriber, the name and address of the patient, and the  directions
    15  for  the  use of the drug by the patient as given upon the prescription.
    16  Except as otherwise authorized in the Federal Food,  Drug  and  Cosmetic
    17  Act,  no drug containing any active or inactive ingredient made from any
    18  gluten-containing grain, including wheat, barley, rye, or any  crossbred
    19  hybrid  of  such grains, or containing any active or inactive ingredient
    20  containing  lactose,  or  containing  food  dye,  and  for   which   any
    21  prescription is required by the provisions of the Federal Food, Drug and
    22  Cosmetic Act or by the commissioner of health contained within a bottle,
    23  vial, carton or other container, or in any way affixed or appended to or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10881-08-9
        S. 6108--A                          2

     1  enclosed  within  a  package of any kind, and designated or intended for
     2  delivery in such container or package to an ultimate consumer, shall  be
     3  dispensed  or sold to an ultimate consumer within this state unless such
     4  container  or  package  has  clearly and permanently marked or imprinted
     5  upon it in conformance with the applicable plan required by  subdivision
     6  three  of  this  section  words  clearly identifying each such active or
     7  inactive ingredient made from any gluten-containing grain  or  crossbred
     8  hybrid, lactose, or food dye. All labels shall conform to such rules and
     9  regulations  as  promulgated  by  the  commissioner  pursuant to section
    10  sixty-eight hundred twenty-nine of this  article.  The  prescribing  and
    11  dispensing of a drug which is a controlled substance shall be subject to
    12  additional  requirements  provided in article thirty-three of the public
    13  health law. The words "drug" and "prescription required drug" within the
    14  meaning of this article shall not be construed to include soft  or  hard
    15  contact  lenses,  eyeglasses,  or  any  other  device  for  the  aid  or
    16  correction of vision. Nothing in this subdivision shall prevent a  phar-
    17  macy from furnishing a drug to another pharmacy which does not have such
    18  drug in stock for the purpose of filling a prescription.
    19    §  2.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law. Effective immediately, the addition, amendment and/or
    21  repeal of any rule or regulation necessary  for  the  implementation  of
    22  this  act  on its effective date are authorized to be made and completed
    23  on or before such effective date.