PRINTER'S NO. 2908
No. 2073 Session of 2007
INTRODUCED BY M. O'BRIEN, HARKINS, McGEEHAN, DENLINGER,
DePASQUALE, BENNINGTON, CURRY, DONATUCCI, HERSHEY, JOSEPHS,
MUNDY, J. TAYLOR, WALKO, YOUNGBLOOD, HENNESSEY, JAMES,
K. SMITH, SHIMKUS, HORNAMAN, FRANKEL AND HARHAI,
NOVEMBER 29, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 29, 2007
AN ACT
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
1 species and may have negative effects on human health.
2 (3) In order to reduce the likelihood of improper
3 disposal of pharmaceuticals, it is the purpose of this act to
4 establish a program that ensures the safe and environmentally
5 sound disposal of pharmaceutical drugs that is convenient for
6 consumers and cost effective for retailers.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Consumer." An individual purchaser or owner of a
12 pharmaceutical drug. The term does not include a business,
13 corporation, limited partnership or any entity involved in a
14 wholesale transaction between a distributor and retailer.
15 "Department." The Department of Environmental Protection of
16 the Commonwealth.
17 "Pharmaceutical drug." A prescription or over-the-counter
18 drug, including, but not limited to, a drug as defined in
19 section 2 of the act of April 14, 1972 (P.L.233, No.64), known
20 as The Controlled Substance, Drug, Device and Cosmetic Act, or
21 section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act
22 (52 Stat. 1040, 21 U.S.C. § 321(g)(1)).
23 "Retailer." A person or entity that makes a retail sale of a
24 pharmaceutical drug to a consumer in this Commonwealth.
25 "Sale." Includes, but is not limited to, transactions
26 conducted through sales outlets, catalogs or the Internet or any
27 other similar electronic means, but does not include a sale that
28 is a wholesale transaction involving a distributor or retailer.
29 Section 4. Collection of pharmaceutical drugs.
30 (a) General rule.--On or after July 1, 2009, each retailer
20070H2073B2908 - 2 -
1 shall have in place a system for the acceptance and collection
2 of pharmaceutical drugs for proper disposal.
3 (b) Elements.--A system for the acceptance and collection of
4 pharmaceutical drugs for proper disposal shall at a minimum
5 include the following elements:
6 (1) The take back by the retailer at no cost to the
7 consumer of a pharmaceutical drug of the type or brand which
8 the retailer sells or previously sold.
9 (2) A notice to consumers that includes informational
10 materials, including, but not limited to, Internet website
11 links or a telephone number, placed on the invoice or
12 purchase order or packaged with the pharmaceutical drug, that
13 provides consumers access to obtain more information about
14 the opportunities and locations for no-cost pharmaceutical
15 drug recycling.
16 (3) Information made available to consumers about
17 pharmaceutical drug return opportunities provided by the
18 retailer and encouraging consumers to utilize those
19 opportunities. This information may include, but is not
20 limited to, the following:
21 (i) Signage that is prominently displayed and easily
22 visible to the consumer.
23 (ii) Written materials provided to the consumer at
24 the time of purchase or delivery, or both.
25 (iii) Reference to the pharmaceutical drug take-back
26 opportunity in retailer advertising or other promotional
27 materials, or both.
28 (iv) Direct communications with the consumer at the
29 time of purchase.
30 (c) Alternative.--If a retailer is participating in an
20070H2073B2908 - 3 -
1 existing pharmaceutical drug take-back system and the system
2 otherwise complies with the requirements of this act, the
3 retailer may continue to participate in the existing program in
4 lieu of complying with the program under this act.
5 (d) Regulations.--The department, in consultation with the
6 Department of Health, shall promulgate regulations that ensure
7 the proper disposal of pharmaceutical drugs, pursuant to all
8 applicable laws, and ensure the protection of public health and
9 safety, the environment and the health and safety of retail
10 employees. In addition the department shall provide educational
11 materials to consumers informing them of the availability of the
12 pharmaceutical drug disposal program and what constitutes proper
13 and improper disposal of pharmaceutical drugs.
14 Section 5. Enforcement.
15 (a) Violation.--On and after July 1, 2009, it is unlawful
16 for a retailer to sell a pharmaceutical drug to a consumer
17 unless the retailer complies with this act.
18 (b) Penalty.--The Attorney General may bring an action for
19 injunctive relief, costs and attorney fees, and impose on a
20 retailer that fails to comply with the requirements of this act
21 a civil penalty of no more than $10,000 per violation. Each
22 unlawful failure to provide for pharmaceutical drug disposal
23 shall constitute a separate violation.
24 Section 6. Effective date.
25 This act shall take effect immediately.
I5L27BIL/20070H2073B2908 - 4 -