S279-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Jan 5, 2011: REFERRED TO HEALTH

S279-2011 Memo

BILL NUMBER:S279

TITLE OF BILL:
An act
to amend the public health law and the education law, in relation to
required labeling on prescription drugs

PURPOSE:
To require the packaging on prescribed drugs to include a label that
lists the country of origin of the prescribed drug to inform consumers.

SUMMARY OF PROVISIONS:
Section one amends the public health law by adding a new article 33-B
which requires the packaging of a prescribed drug to include a label
that lists the country of origin of the drug.

Section two amends subdivision 2 of section 6811-a of the education
law by adding paragraph (c) to include country of origin on the list
of required markings on the packaging of a prescription drug.

Section three provides the effective date.

JUSTIFICATION:
Pharmaceutical ingredients and finished drugs are produced worldwide
and imported into the United States. According to the U.S. Department
of Commerce, more than $42 billion in drugs and drug ingredients were
imported into the U.S. from foreign nations in 2006. India and China
are rapidly becoming some of the largest suppliers of pharmaceutical
ingredients and finished drugs in the U.S. In the past five years,
Chinese pharmaceutical imports have more than doubled.
According to the u.s. Department of Commerce, in 2006, China exported
approximately $675 million in pharmaceuticals to the United States
and India sold finished drugs and ingredients worth more than $800
million in the United States. With recent concerns over toxins found
in toys, toiletries and drugs produced in China and other countries,
New York consumers should be made aware of where their prescription
drugs are made. Consumers are informed of where their clothing, toys
and household goods are made through a country of origin label, but
currently have no way of knowing where their prescription drugs come
from. This bill would allow New Yorkers to be informed of where their
prescribed drugs are made just as they are informed of where other
goods are made.

LEGISLATIVE HISTORY:
S.6813 of 2007-2008; Referred to Senate Health Committee
S.3213 of 2009-2010; Referred to Senate Health Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.

S279-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          279
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens.  MAZIARZ,  ALESI, BONACIC, GOLDEN, GRIFFO, LARKIN,
 NOZZOLIO, RANZENHOFER, SEWARD -- read twice and ordered  printed,  and
 when printed to be committed to the Committee on Health
 

AN ACT to amend the public health law and the education 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 THE COUNTRY OF ORIGIN OF A PRESCRIBED
 DRUG.
 

S  3398. IDENTIFICATION OF THE COUNTRY OF ORIGIN OF A PRESCRIBED DRUG.
 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 COUNTRY OF ORIGIN
 OF THE PRESCRIBED DRUG.
 2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC
 TORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION  OR
 AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE
 OR SHE 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 SECTION, 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,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01665-01-1
 
       S. 279                              2
 PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
 PRACTICE LAW AND RULES.
 

S 2. Subdivision 2 of section 6811-a of the education law, as added by
 chapter 729 of the laws of 1981, is amended to read as follows:

 2. No drug for which any prescription is required by the provisions of
 the Federal Food, Drug and Cosmetic Act or by the commissioner of health
 contained  within  a  bottle, vial, carton or other container, or in any
 way affixed or appended to or enclosed within a package of any kind, and
 designed or intended for delivery in such container  or  package  to  an
 ultimate  consumer,  shall  be  manufactured  or distributed within this
 state unless such container  or  package  has  clearly  and  permanently
 marked  or  imprinted  upon  it  in conformance with the applicable plan
 required by subdivision three of this section:

 (a) an individual symbol, N.  D.  C.  number,  company  name,  number,
 letters, words or marking identifying the manufacturer or distributor of
 the drug;
 (b)  an  N.  D.  C.  number, symbol, number, letters, words or marking
 identifying such drug or combination of drugs; [and]
 (c) ITS COUNTRY OF ORIGIN; AND
 (D) whenever the distributor of the prescription drug product does not
 also manufacture the product the names and places of  business  of  both
 shall appear on the label in words clearly distinguishing each.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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