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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. O'BRIEN, DePASQUALE, BEYER, JOSEPHS, MUNDY, DONATUCCI, HARKINS, McILVAINE SMITH, MELIO, PRESTON, SIPTROTH, K. SMITH, STURLA, HENNESSEY, GIBBONS AND WALKO, JANUARY 26, 2009 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 26, 2009 |
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| AN ACT |
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1 | Requiring retailers of pharmaceutical drugs to have in place a |
2 | system for the acceptance and collection of pharmaceutical |
3 | drugs for proper disposal; and imposing civil penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the |
8 | Pharmaceutical Drug Disposal Act. |
9 | Section 2. Statement of policy. |
10 | The General Assembly finds and declares as follows: |
11 | (1) The United States Geological Survey conducted a |
12 | study in 2002 sampling 139 streams across 30 states and found |
13 | that 80% had measurable concentrations of prescription and |
14 | nonprescription drugs, steroids and reproductive hormones. |
15 | (2) Exposure even to low levels of pharmaceuticals has |
16 | been shown to have negative effects on fish and other aquatic |
17 | species and may have negative effects on human health. |
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1 | (3) In order to reduce the likelihood of improper |
2 | disposal of pharmaceuticals, it is the purpose of this act to |
3 | establish a program that ensures the safe and environmentally |
4 | sound disposal of pharmaceutical drugs that is convenient for |
5 | consumers and cost effective for retailers. |
6 | Section 3. Definitions. |
7 | The following words and phrases when used in this act shall |
8 | have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | "Consumer." An individual purchaser or owner of a |
11 | pharmaceutical drug. The term does not include a business, |
12 | corporation, limited partnership or any entity involved in a |
13 | wholesale transaction between a distributor and retailer. |
14 | "Department." The Department of Environmental Protection of |
15 | the Commonwealth. |
16 | "Pharmaceutical drug." A prescription or over-the-counter |
17 | drug, including, but not limited to, a drug as defined in |
18 | section 2 of the act of April 14, 1972 (P.L.233, No.64), known |
19 | as The Controlled Substance, Drug, Device and Cosmetic Act, or |
20 | section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act |
21 | (52 Stat. 1040, 21 U.S.C. § 321(g)(1)). |
22 | "Retailer." A person or entity that makes a retail sale of a |
23 | pharmaceutical drug to a consumer in this Commonwealth. |
24 | "Sale." Includes, but is not limited to, transactions |
25 | conducted through sales outlets, catalogs or the Internet or any |
26 | other similar electronic means, but does not include a sale that |
27 | is a wholesale transaction involving a distributor or retailer. |
28 | Section 4. Collection of pharmaceutical drugs. |
29 | (a) General rule.--On or after July 1, 2009, each retailer |
30 | shall have in place a system for the acceptance and collection |
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1 | of pharmaceutical drugs for proper disposal. |
2 | (b) Elements.--A system for the acceptance and collection of |
3 | pharmaceutical drugs for proper disposal shall at a minimum |
4 | include the following elements: |
5 | (1) The take back by the retailer at no cost to the |
6 | consumer of a pharmaceutical drug of the type or brand that |
7 | the retailer sells or previously sold. |
8 | (2) A notice to consumers that includes informational |
9 | materials, including, but not limited to, Internet website |
10 | links or a telephone number, placed on the invoice or |
11 | purchase order or packaged with the pharmaceutical drug, that |
12 | provides consumers access to obtain more information about |
13 | the opportunities and locations for no-cost pharmaceutical |
14 | drug recycling. |
15 | (3) Information made available to consumers about |
16 | pharmaceutical drug return opportunities provided by the |
17 | retailer and encouraging consumers to utilize those |
18 | opportunities. This information may include, but is not |
19 | limited to, the following: |
20 | (i) Signage that is prominently displayed and easily |
21 | visible to the consumer. |
22 | (ii) Written materials provided to the consumer at |
23 | the time of purchase or delivery, or both. |
24 | (iii) Reference to the pharmaceutical drug take-back |
25 | opportunity in retailer advertising or other promotional |
26 | materials, or both. |
27 | (iv) Direct communications with the consumer at the |
28 | time of purchase. |
29 | (c) Alternative.--If a retailer participates in an existing |
30 | pharmaceutical drug take-back system and the system otherwise |
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1 | complies with the requirements of this act, the retailer may |
2 | continue to participate in the existing program in lieu of |
3 | complying with the program under this act. |
4 | (d) Regulations.--The department, in consultation with the |
5 | Department of Health, shall promulgate regulations that ensure |
6 | the proper disposal of pharmaceutical drugs, pursuant to all |
7 | applicable laws, and ensure the protection of public health and |
8 | safety, the environment and the health and safety of retail |
9 | employees. |
10 | (e) Educational materials.--The department shall provide |
11 | educational materials to consumers informing them of the |
12 | availability of the pharmaceutical drug disposal program and |
13 | what constitutes proper and improper disposal of pharmaceutical |
14 | drugs. |
15 | Section 5. Enforcement. |
16 | (a) Violation.--On and after July 1, 2009, it is unlawful |
17 | for a retailer to sell a pharmaceutical drug to a consumer |
18 | unless the retailer complies with this act. |
19 | (b) Penalty.--The Attorney General may bring an action for |
20 | injunctive relief, costs and attorney fees, and a civil penalty |
21 | the court may impose on a retailer that fails to comply with the |
22 | requirements of this act a civil penalty of no more than $10,000 |
23 | per violation. Each unlawful failure to provide for |
24 | pharmaceutical drug disposal shall constitute a separate |
25 | violation. |
26 | Section 6. Effective date. |
27 | This act shall take effect immediately. |
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