Provides for the disposal of pharmaceutical drugs and controlled substances; directs counties to develop a system for the collection and acceptance of prescription drugs and for their proper disposal; to be operated by sheriffs' offices.
Sponsor: MAZIARZ Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law
Law: Add S27-2705, En Con L
Law Section: Environmental Conservation Law
Law: Add S27-2705, En Con L
- Jan 13, 2012: PRINT NUMBER 513A
- Jan 13, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
- Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
- Jan 5, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION
BILL NUMBER:S513A TITLE OF BILL: An act to amend the environmental conservation law, in relation to the disposal of pharmaceutical drugs and controlled substances PURPOSE: This bill would create an obligation of each county in the state to have a pharmaceutical drug collection program implemented by the sheriffs department of the county for the purpose of providing proper disposal of both pharmaceutical drugs and controlled substances in a regulated solid waste incinerator, in order to decrease the amount of drugs that end up in either the solid waste system or the sewage system. SUMMARY OF PROVISIONS: Section 1 amends the environmental conservation law as to the disposal of pharmaceutical drugs and controlled substances, first, by defining the language of pharmaceutical drugs and controlled substances, and secondly by providing that each county's sheriffs department must implement and operate, by April 19, 2010, a permanent program for residential citizens of pharmaceutical drugs and controlled substance acceptance and collection to be disposed of in a department regulated waste incinerator that excludes collection and acceptance from hospitals, healthcare facilities and pharmacies. JUSTIFICATION: Federal law prohibits anyone other than law enforcement from taking possession of drugs once they are prescribed and dispensed. Therefore, nearly all unused pharmaceuticals enter either our solid waste system or our sewage system. Pharmaceuticals flushed down the toilet pass through our sewage treatment plants, many of which are not designed to screen for these chemicals. Likewise, Pharmaceuticals discarded in landfills can seep into the surrounding water-table and the New York State Great Lakes. A 2002 sampling of 139 streams across 30 states found that 80 percent had measureable concentrations of prescription and non-prescription drugs. Exposure, even to low levels of pharmaceutical drugs, has been shown to have a negative effect on fish and other aquatic species and may have a negative effect on human health. Proper disposal is defined of as disposal in a NYSDEC regulated NYCRR Part 360 regulated solid waste incinerator. If enacted, this bill would provide a safe and environmentally sound method for the disposal of unused prescription drugs. Controlled substances are included in this action as there presently is no other legal method in the State of New York of managing controlled substances in unwanted pharmaceutical drug waste. Implementation of this bill would greatly decrease the amount of pharmaceutical drugs and controlled substances in both the sewage systems and the solid waste systems. In fact, in 2008 a coalition of 8 counties, 2 local municipalities, law enforcement agencies and local organizations participates in 26 regional collection events in the Western New York Area, where they collected over 3,236 pounds of drugs from 1516 residents. The costs for implementation by each county is minimum, if at all. The materials that are collected are disposed of the same way that regular garbage collection is. In some pilot programs, the incinerator companies did not charge the county for the use of the incinerator for disposal of the materials. If they do charge, however, the cost would be very negligible; the county would be charged the normal rate of garbage collection, and on average the county would only accumulate about half a ton at an event, costing roughly $25 to dispose of the materials. Without a safe and effective method for disposal, prescription drugs are left in either the sewage or solid waste systems, where there are harmful effects to the environment and potentially to human health, or they may be left indefinitely in medicine cabinets. If left in medicine cabinets, they pose a major threat of potential prescription drug misuse and abuse. The importance of providing a safe method of disposal to both the environment and people cannot be understated. If enacted, this bill would provide a safe measure to all citizens of the state to securely dispose all prescription drugs and controlled substances. LEGISLATIVE HISTORY: S.6228A of 2009-2010; Referred to Environmental Conservation FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This bill shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 513--A 2011-2012 Regular Sessions I N SENATE (PREFILED) January 5, 2011 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the environmental conservation law, in relation to the disposal of pharmaceutical drugs and controlled substances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Title 27 of article 27 of the environmental conservation law, as added by chapter 625 of the laws of 2008, is amended by adding a new section 27-2705 to read as follows:
S 27-2705. DISPOSAL OF PHARMACEUTICAL DRUGS AND CONTROLLED SUBSTANCES. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "PHARMACEUTICAL DRUGS" SHALL MEAN:
(I) ARTICLES RECOGNIZED IN THE OFFICIAL UNITED STATES PHARMACOPOEIA, OFFICIAL NATIONAL FORMULARY OR OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR ANY SUPPLEMENT OF ANY OF THEM; (II) ARTICLES INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT OR PREVENTION OF DISEASE IN HUMANS OR OTHER ANIMALS; OR (III) ARTICLES, OTHER THAN FOOD, INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY OF HUMANS OR OTHER ANIMALS. ARTICLES DESCRIBED IN SUBPARAGRAPH (I), (II) OR (III) OF THIS PARA- GRAPH SHALL NOT INCLUDE DEVICES OR THEIR COMPONENT PARTS OR ACCESSORIES. B. "CONTROLLED SUBSTANCES" SHALL MEAN ANY CONTROLLED SUBSTANCE LISTED IN THE SCHEDULE OF CONTROLLED SUBSTANCES SET FORTH IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01181-04-2 S. 513--A 2 2. ON AND AFTER APRIL NINETEENTH, TWO THOUSAND THIRTEEN, EVERY COUNTY IN THIS STATE SHALL PROVIDE A PERMANENT PROGRAM FOR THE ACCEPTANCE AND COLLECTION OF PHARMACEUTICAL DRUGS FROM RESIDENTIAL CITIZENS, EXCLUDING HOSPITALS, HEALTH CARE FACILITIES AND PHARMACIES, FOR PROPER DISPOSAL. SUCH PROGRAM SHALL BE IMPLEMENTED AND OPERATED BY THE SHERIFFS DEPART- MENT OF EACH COUNTY. SUCH PROGRAM SHALL PROVIDE THAT THE PROPER DISPOSAL OF PHARMACEUTICAL DRUGS BE MADE AT A DEPARTMENT REGULATED SOLID WASTE INCINERATOR. S 2. This act shall take effect immediately.