S513A-2011 Actions

• 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

S513A-2011 Memo

BILL NUMBER:S513

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 nonprescription 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 HISTORY:
S.6228A of 2009-2010; Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

S513A-2011 Text

 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.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!