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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.

EPR Legislation by State

California- 2018 State Legislation

Senate Bill 212, Senator Hannah-Beth Jackson (D-Santa Barbara) Medical Waste SIGNED BY THE GOVERNOR 9/30/18

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 without amendments with a 13-3 vote with one vote not recorded. Amendments were public on August 27, 2018 and was heard in the Assembly Committee on Environmental Safety and Toxic Materials on August 28, 2017 and was passed by the Committee with a 5-0 vote with two votes not recorded. On August 29, 2018 it was heard in the Assembly Committee on Appropriations and passed with a 14-1 vote with two votes not recorded. On August 31, 2018 SB 212 passed the Assembly Floor with a 72-5 vote with three votes not recorded, the Senate Environmental Quality Committee with a 7-0 vote, and the Senate Floor with a 39-0 with one vote not recorded.

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

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) – SIGNED BY THE GOVERNOR 3/22/18

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 support for 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)  – SIGNED BY THE GOVERNOR 7/10/18

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; provides that for any city with a population of one hundred twenty-five thousand or more as of the last decennial census, the commissioner of health shall establish by regulation a distribution plan that ensures that on-site collection receptacle or dropbox placement shall be reasonably accessible to all residents. 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.



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.