Requires expiration dates of prescribed drugs dispensed by a pharmacy to be listed on the package label for consumers; provides for enforcement of such provisions by the attorney general.
TITLE OF BILL: An act to amend the public health law, in relation to required labeling on prescription drugs
PURPOSE: To provide consumers of prescription drugs information about expiration dates of those drugs.
SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new article, 33-B, to the Public Health Law, prohibiting the sale of prescription drugs without a label which lists the expiration date of the drugs.
JUSTIFICATION: Prescription drug labels are often the only source of information a consumer has about medication he/she is taking. Many drugs lose their medicinal properties after a certain amount of time. Consumers who take expired drugs may be placing their health in jeopardy, under the illusion that they have taken the required medicine. This bill institutes a necessary safeguard for the health of the consumer, and poses little cost to the consumer, manufacturer, or pharmacist.
PRIOR LEGISLATIVE HISTORY: This bill was previously introduced.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 180 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 1310 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. STAVISKY -- 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 required labeling on prescription drugs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new article 33-B to read as follows: ARTICLE 33-B REQUIRED LABELING ON PRESCRIPTION DRUGS SECTION 3398. IDENTIFICATION OF EXPIRATION DATES ON PACKAGES CONTAINING PRESCRIBED DRUGS. S 3398. IDENTIFICATION OF EXPIRATION DATES ON PACKAGES CONTAINING PRESCRIBED DRUGS. 1. NO PRESCRIBED DRUG DISPENSED BY A PHARMACY PURSUANT TO A PRESCRIPTION BY AN AUTHORIZED PRACTITIONER OF MEDICINE OR OTHER PERSON LEGALLY AUTHORIZED TO ISSUE SUCH PRESCRIPTION MAY BE SOLD TO THE PUBLIC UNLESS THE PACKAGING INCLUDES A LABEL WHICH LISTS THE EXPIRATION DATE BY MONTH AND YEAR FOR THIS PRESCRIBED DRUG. 2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC- TORY TO HIM THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS ARTICLE, HE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS VIOLATED ANY PROVISION OF THIS ARTICLE, NO PROOF SHALL BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION. IN SUCH ACTION PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES. S 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. LBD04280-01-3