Bill Text: PA HB33 | 2009-2010 | Regular Session | Introduced

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Bill Title: Requiring retailers of pharmaceutical drugs to have in place a system for the acceptance and collection of pharmaceutical drugs for proper disposal; and imposing civil penalties.

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Introduced - Dead) 2009-01-26 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB33 Detail]

Download: Pennsylvania-2009-HB33-Introduced.html

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PRINTER'S NO. 28
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 33 Session of2009
INTRODUCED BY M. O'BRIEN, DePASQUALE, BEYER, JOSEPHS, MUNDY, DONATUCCI, HARKINS, McILVAINE SMITH, MELIO, PRESTON, SIPTROTH, K. SMITH, STURLA, HENNESSEY, GIBBONS AND WALKO, JANUARY 26, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 26, 2009
AN ACT
Requiring retailers of pharmaceutical drugs to have in place a
system for the acceptance and collection of pharmaceutical
drugs for proper disposal; and imposing civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Pharmaceutical Drug Disposal Act.
Section 2. Statement of policy.
The General Assembly finds and declares as follows:
(1) The United States Geological Survey conducted a
study in 2002 sampling 139 streams across 30 states and found
that 80% had measurable concentrations of prescription and
nonprescription drugs, steroids and reproductive hormones.
(2) Exposure even to low levels of pharmaceuticals has
been shown to have negative effects on fish and other aquatic
species and may have negative effects on human health.
(3) In order to reduce the likelihood of improper
disposal of pharmaceuticals, it is the purpose of this act to
establish a program that ensures the safe and environmentally
sound disposal of pharmaceutical drugs that is convenient for
consumers and cost effective for retailers.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Consumer." An individual purchaser or owner of a
pharmaceutical drug. The term does not include a business,
corporation, limited partnership or any entity involved in a
wholesale transaction between a distributor and retailer.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Pharmaceutical drug." A prescription or over-the-counter
drug, including, but not limited to, a drug as defined in
section 2 of the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act, or
section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act
(52 Stat. 1040, 21 U.S.C. § 321(g)(1)).
"Retailer." A person or entity that makes a retail sale of a
pharmaceutical drug to a consumer in this Commonwealth.
"Sale." Includes, but is not limited to, transactions
conducted through sales outlets, catalogs or the Internet or any
other similar electronic means, but does not include a sale that
is a wholesale transaction involving a distributor or retailer.
Section 4. Collection of pharmaceutical drugs.
(a) General rule.--On or after July 1, 2009, each retailer
shall have in place a system for the acceptance and collection
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of pharmaceutical drugs for proper disposal.
(b) Elements.--A system for the acceptance and collection of
pharmaceutical drugs for proper disposal shall at a minimum
include the following elements:
(1) The take back by the retailer at no cost to the
consumer of a pharmaceutical drug of the type or brand that
the retailer sells or previously sold.
(2) A notice to consumers that includes informational
materials, including, but not limited to, Internet website
links or a telephone number, placed on the invoice or
purchase order or packaged with the pharmaceutical drug, that
provides consumers access to obtain more information about
the opportunities and locations for no-cost pharmaceutical
drug recycling.
(3) Information made available to consumers about
pharmaceutical drug return opportunities provided by the
retailer and encouraging consumers to utilize those
opportunities. This information may include, but is not
limited to, the following:
(i) Signage that is prominently displayed and easily
visible to the consumer.
(ii) Written materials provided to the consumer at
the time of purchase or delivery, or both.
(iii) Reference to the pharmaceutical drug take-back
opportunity in retailer advertising or other promotional
materials, or both.
(iv) Direct communications with the consumer at the
time of purchase.
(c) Alternative.--If a retailer participates in an existing
pharmaceutical drug take-back system and the system otherwise
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complies with the requirements of this act, the retailer may
continue to participate in the existing program in lieu of
complying with the program under this act.
(d) Regulations.--The department, in consultation with the
Department of Health, shall promulgate regulations that ensure
the proper disposal of pharmaceutical drugs, pursuant to all
applicable laws, and ensure the protection of public health and
safety, the environment and the health and safety of retail
employees.
(e) Educational materials.--The department shall provide
educational materials to consumers informing them of the
availability of the pharmaceutical drug disposal program and
what constitutes proper and improper disposal of pharmaceutical
drugs.
Section 5. Enforcement.
(a) Violation.--On and after July 1, 2009, it is unlawful
for a retailer to sell a pharmaceutical drug to a consumer
unless the retailer complies with this act.
(b) Penalty.--The Attorney General may bring an action for
injunctive relief, costs and attorney fees, and a civil penalty
the court may impose on a retailer that fails to comply with the
requirements of this act a civil penalty of no more than $10,000
per violation. Each unlawful failure to provide for
pharmaceutical drug disposal shall constitute a separate
violation.
Section 6. Effective date.
This act shall take effect immediately.
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