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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, Louise McIntosh (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

Senate Bill 212, Senator Hannah-Beth Jackson (D-Santa Barbara) Medical Waste SUPPORT

This bill adds to the Medical Waste Management Act a definition of “home-generated pharmaceutical waste” as a prescription or over-the-counter human or veterinary home-generated pharmaceutical that is waste and is derived from a household, including, but not limited to, a multifamily residence or household.

SB 212 was heard in the Senate Environmental Quality Committee on March 29, 2017 and passed with a 7-0 vote. The bill was heard on the Senate Floor on April 17, 2017 and passed with a 40-0 vote. The bill was read in the Assembly for the first time on April 18 and referred to the Assembly Committee on Environmental Safety and Toxic Materials on May 18, 2018.

SB 212 was amended on June 18, 2018 and re-referred to the Assembly Committee on Environmental Safety and Toxic Materials, was heard on June 26, 2018 and passed with a 5-1 vote with one vote not recorded. It was heard in the Assembly Committee on Appropriations on 8/16/18 and passed out of the Committee with no amendments. We expect amendments to be public Tuesday, 8/21/18, then it goes to the Assembly floor for vote.


Assembly Bill 2921, Assemblymember Evan Low (D- Silicon Valley) Expanded Polystyrene Food Service Packaging Recovery and Recycling Act  – OPPOSE

This bill would enact the Expanded Polystyrene Food Service Packaging Recovery and Recycling Act, which would authorize expanded polystyrene food service packaging (PFP) manufacturers and polystyrene resin producers to form or designate an organization. The bill would require each PFP manufacturer or resin producer that formed or designated the organization that sells expanded polystyrene food service packaging or polystyrene resin in this state to pay to the Recycling Organization an assessment fee establish by the Organization. The bill would require the collected fees to be used by the organization to carry out the requirements of the act and for appropriate projects and programs that would further the purposes of the act.

Washington- 2018 State Legislation:

House Bill 1047 (Schmick-R) – PASSED

On 3/22/18, the Washington Secure Drug Take-Back Act was signed by Governor Inslee. On February 27, 2018 the Senate passed this bill with a unanimous vote of 40 ayes and 0 noes after the Washington House approved new secure medicine return legislation with an 86-12 bipartisan vote on 2/9/18. 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)  – WATCH

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 7147  (Kavanagh- D)  SUPPORT CONCEPT

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)  WATCH

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


Oregon- 2018 State Legislation:

House Bill 4126A (McLain- D)  WATCH

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 Joint Committee of Ways and Means and a public hearing was held on 2/14/18


Hawaii- 2018 State Legislation:

Senate Bill 2339 (Shimabukuro et al.- D)  WATCH

This bill, introduced 1/19/28,  authorizes every pharmacy to accept for disposal the return of any unused, remaining, or expired prescription drug that the pharmacy previously dispensed. This bill does not provide free, convenient take-back opportunities for both prescription and over-the-counter medications (both human and veterinary) for all residents and, which is paid for by the manufacturers of these drugs. This type of bill is considered more of a transitional EPR policy.

  • The committee(s) on Consumer Protection and Commerce (CPC) recommend(s) that the measure be deferred, 3/28/18

House Bill 2125 (Fukumoto et al.)  WATCH

This bill, introduced 1/22/28,  requires every pharmacy to accept for disposal the return of any unused, remaining, or expired prescription drug that the pharmacy previously dispensed.

  • Passed Second Reading as amended in HD 1 and referred to the committee(s) on Consumer Protection and Commerce, 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.