Bill Text: NY A06393 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Expands the drug take back act to include single-use and reusable electronic cigarettes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A06393 Detail]

Download: New_York-2023-A06393-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6393

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 6, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law, in relation to expanding the drug
          take back act to include single-use and reusable electronic cigarettes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 290 of the public health  law,  as
     2  added by chapter 120 of the laws of 2018, is amended to read as follows:
     3    2.  "Covered  drug"  means any substance recognized as a drug under 21
     4  USC § 321(g)(1), as amended, and any regulations promulgated  thereunder
     5  that  is  sold,  offered  for  sale  or  dispensed in the state, whether
     6  directly or through a wholesaler, in any form including prescription and
     7  nonprescription  drugs,  drugs  in  medical  devices   and   combination
     8  products, brand and generic drugs and drugs for veterinary use; provided
     9  however, covered drug shall additionally include single-use and reusable
    10  electronic  cigarettes  as  defined  in section thirteen hundred ninety-
    11  nine-aa of  this  chapter;  provided  however  covered  drug  shall  not
    12  include:  (a)  vitamins  or  supplements;  (b) herbal-based remedies and
    13  homeopathic drugs, products or remedies; (c) cosmetics,  soap  (with  or
    14  without  germicidal agents), laundry detergent, bleach, household clean-
    15  ing products, shampoos, sunscreens, toothpaste,  lip  balm,  antiperspi-
    16  rants or other personal care products that are regulated as both cosmet-
    17  ics and nonprescription drugs under the Federal Food, Drug, and Cosmetic
    18  Act; (d) pet pesticide products contained in pet collars, powders, sham-
    19  poos,  topical  applications, or other forms; (e) drugs that are biolog-
    20  ical products as defined in subdivision twenty-seven of  section  sixty-
    21  eight  hundred  two  of  the  education  law if the manufacturer already
    22  provides a take  back  program;  (f)  drugs  for  which  a  manufacturer
    23  provides a take back program as part of a Federal Food and Drug Adminis-
    24  tration  managed  risk  evaluation  and mitigation strategy; (g) emptied
    25  injector products or emptied medical devices and their  component  parts

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09080-01-3
        A. 6393                             2

     1  or  accessories;  and  (h)  drugs  that  are  used  solely in a clinical
     2  setting.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it  shall have become a law. Effective immediately, the addition, amend-
     5  ment and/or repeal of any rule or regulation necessary for the implemen-
     6  tation of this act on its effective date are authorized to be  made  and
     7  completed on or before such effective date.