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EPR Policy and Legislation


NSAC is tracking the legislation listed below, but has not yet taken a position.  Once positions are taken, it will be noted.


Federal EPR Legislation


HR 4199, Congresswoman Slaughter (D-NY-25) Pharmaceutical Stewardship Act of 2017 

This bill would direct the Attorney General to establish a national pharmaceutical stewardship program to facilitate the collection and disposal of prescription medications. The Attorney General may assess, collect, and use, without further appropriation, annual fees from producers of prescription medications to pay the administrative costs of carrying out this section.

The bill was introduced in the United States House of Representatives on October 31, 2017 and was referred to the Committee on Energy and Commerce. On November 3, 2017 it was referred to the Subcommittee on Health.


EPR Legislation by State


California – 2018 State Legislation:

Assembly Bill 2097 (Acosta- R)– WATCHING

This bill would change the date by which the annual demonstration and the annual report are required to be completed from July 1 of each year to September 1 of each year. Introduced 2/8/18 and may be heard in committee March 11, 2018.

Washington- 2018 State Legislation:

House Bill 1047 (Schmick-R)– SUPPORT 

On February 9, 2018, the Washington House approved new secure medicine return legislation with an 86-12 bipartisan vote. The law (ESHB 1047) requires drug manufacturers to finance and coordinate a convenient and secure take-back system for unused medicines.

  • 1/10/18- Washington Association of Sheriffs and Police Chiefs release letter of supportfor secure drug take-back legislation

“It is equally ridiculous to expect us to pay for disposal of leftover and expired medicines, which is not a law enforcement duty. It is past time to shift the responsibility for providing drug take-back from public funds to the pharmaceutical industry.”   

– Washington Association of Sheriffs & Police Chiefs

  • 1/2017- Bill introduced, then reintroduced 1/8/18

This video describes the drug manufacturers’ MED-Project program that is working in Snohomish and King counties under their Secure Medicine Return ordinances. The WA Secure Drug Take-Back Act (SHB 1047) is modeled on these successful local laws.

 

New York- 2018 State Legislation:

Senate Bill 7354 (Hannon- R and O’Mara-R)– Drug Take Back Program- WATCHING

This bill enacts the drug take back act requiring certain manufacturers to operate a drug take back program to accept and dispose of covered drugs. The goal is to establish a statewide drug take back program for the safe disposal of drugs to prevent opioid abuse and protect water supplies.

 

Senate Bill 07147 (Kavanagh- D) – Carpet Stewardship- SUPPORT

This bill establishes a carpet stewardship program; requires manufacturers to coordinate with wholesalers, retailers and installers to recycle old carpets; provides penalties for noncompliance

  • Bill prefiled on 1/3/18 and was referred to the Committee of Environmental Conservation
  • New York City- Councilmember Koo introduced local carpet recycling ordinance

 

Indiana- 2018 State Legislation:

Senate Bill 338 (Merritt-R and Charbonneau-R)– SUPPORT

Drug take back program and drug manufacturers. Transfers the powers of administering a drug take back program from the Indiana board of pharmacy to the state department of health (state department). Requires the state department to implement a drug take back program (program) and sets forth requirements. Requires a pharmaceutical manufacturer to: (1) operate a program individually or jointly with another pharmaceutical manufacturer; (2) enter into an agreement with another entity to act as the pharmaceutical manufacturer’s agent and operate a program; or (3) operate an alternative plan to assist in funding programs. Sets forth requirements of a program. Requires an operator of a program to file an annual report and sets forth requirements of the report. Establishes the drug take back fund.

  • Bill introduced 1/4/18 and added a second author 1/11/18

 

New Hampshire- 2018 State Legislation:

Senate Bill 463 (Seltes- D)- SUPPORT

This bill establishes an architectural paint can recycling program. It was introduced 1/3/18 and referred to the committee of Executive Departments and Administration on 1/5/18.

Oregon- 2018 State Legislation:

House Bill 4126A (McLain- D)– WATCHING

This bill, introduced 2/5/18, makes legislative findings related to collection and management of household hazardous waste, prohibits a manufacturer or retailer from selling or offer for sale any “covered product” unless the covered product is labeled with a brand and the brand is included in a plan for an approved household hazardous waste stewardship program. It requires manufacturer or retailer to provide consumers information on available collection opportunities at the time of sale. Requires household hazardous waste stewardship program pursuant to approved plan to be implemented no earlier than January 1, 2021. Declares emergency, effective on passage

  • Referred to the Committee of Ways and Means and a pubic hearing was held on 2/14/18

Local EPR Ordinances

California – Local Ordinances: 

Please visit NSAC’s Campaigns page for information about Los Angeles County’s proposed pharmaceutical and sharps EPR ordinance.

Also visit NSAC’s affiliate, the California Product Stewardship Council’s (CPSC) website for more information on California local ordinances.

 

Illinois – Local Ordinances:

Cook County, Illinois Pharmaceutical Safe Disposal Ordinance – PASSED 10/28/16

There are currently not enough sites for proper disposal of pharmaceuticals in Cook County, which leads to unsafe disposal methods, or the stockpiling of dangerous drugs in medicine cabinets. To combat misuse of unused medication and to ensure safe drinking water, all Cook County residents must have access to safe, permanent, and free pharmaceutical drop off sites.

On 3/2/16 the Board of Commissioners of Cook County adopted a motion to refer this Ordinance to the Legislation and Intergovernmental Relations Committee with a 14-0 vote, with three Commissioners absent.  The Ordinance was unanimously approved by the Committee on 10/26/16. Producer Registration opened 1/23/17.

Resources:

Press:

 

New York – Local Ordinaces

County of Rockland, New York Pharmacy Take Back Act – SIGNED INTO LAW 2/28/17

There is over $1 billion worth of left over drugs thrown away, flushed, or stored in cabinets every year. In order to curb drug abuse and reduce water quality impacts, Rockland County now provides free access to safe drug take-back locations to residents.

Introduced by Legislator Lon M. Hofstein, the Pharmacy Take Back Act passed with a 15-0 vote on 2/7/17. Though the product stewardship plans were set to be due April 1, there has been an extension for these plans to be submitted in June.

Press:

  

Washington – Local Ordinances:

King County, Washington

On June 20, 2013 the King County Board of Health in Washington passed the Secure Medication Return Rule & Regulation to create a drug take-back program for King County residents. The program promotes the safe disposal of unused prescription and over-the-counter drugs, and will be funded and operated by the drug manufacturers. On November 27, 2013 four groups of major drug manufacturers sued the County. The suit was dismissed following the U.S. Supreme Court’s 5/26/2015 decision not to hear industry’s legal challenge to the Alameda County Safe Drug Disposal Ordinance.

Status – On October 16, 2015, King County approved the Return Meds LLC stewardship plan and rejected the King County MED-Project LLC stewardship plan. The MED-Project submitted a revised proposed stewardship plan for review in accordance with the December 14, 2015 deadline; King County accepted the plan in March, 2016. In April, 2016 the MED-Project plan was approved as the standard plan after the Return Meds LLC stewardship plan withdrew its proposal due to lack of producer support. Shortly thereafter, an implementation timeline for the program was reviewed and approved, stipulating a fully operational program by January, 2017.

Additional Washington Counties with EPR medicine disposal ordinances: Kitsap (2016), Pierce (2016), Snohmish (2016), Whatcom (2017), Clallam (2017)