Bill Text: NY S05209 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05209 Detail]

Download: New_York-2023-S05209-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5209

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 27, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 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
        S. 5209                             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.