S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6393
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to expanding the drug
   take back act to include single-use and reusable electronic cigarettes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 290 of the public health  law,  as
 added by chapter 120 of the laws of 2018, is amended to read as follows:
   2.  "Covered  drug"  means any substance recognized as a drug under 21
 USC § 321(g)(1), as amended, and any regulations promulgated  thereunder
 that  is  sold,  offered  for  sale  or  dispensed in the state, whether
 directly or through a wholesaler, in any form including prescription and
 nonprescription  drugs,  drugs  in  medical  devices   and   combination
 products, brand and generic drugs and drugs for veterinary use; provided
 however, covered drug SHALL ADDITIONALLY INCLUDE SINGLE-USE AND REUSABLE
 ELECTRONIC  CIGARETTES  AS  DEFINED  IN SECTION THIRTEEN HUNDRED NINETY-
 NINE-AA OF  THIS  CHAPTER;  PROVIDED  HOWEVER  COVERED  DRUG  shall  not
 include:  (a)  vitamins  or  supplements;  (b) herbal-based remedies and
 homeopathic drugs, products or remedies; (c) cosmetics,  soap  (with  or
 without  germicidal agents), laundry detergent, bleach, household clean-
 ing products, shampoos, sunscreens, toothpaste,  lip  balm,  antiperspi-
 rants or other personal care products that are regulated as both cosmet-
 ics and nonprescription drugs under the Federal Food, Drug, and Cosmetic
 Act; (d) pet pesticide products contained in pet collars, powders, sham-
 poos,  topical  applications, or other forms; (e) drugs that are biolog-
 ical products as defined in subdivision twenty-seven of  section  sixty-
 eight  hundred  two  of  the  education  law if the manufacturer already
 provides a take  back  program;  (f)  drugs  for  which  a  manufacturer
 provides a take back program as part of a Federal Food and Drug Adminis-
 tration  managed  risk  evaluation  and mitigation strategy; (g) emptied
 injector products or emptied medical devices and their  component  parts
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09080-01-3
              

 A. 6393                             2
 
 or  accessories;  and  (h)  drugs  that  are  used  solely in a clinical
 setting.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.