Senate Bill S5209

2023-2024 Legislative Session

Expands the drug take back act to include single-use and reusable electronic cigarettes

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5209 (ACTIVE) - Details

See Assembly Version of this Bill:
A6393
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §290, Pub Health L

2023-S5209 (ACTIVE) - Summary

Expands the drug take back act to include single-use and reusable electronic cigarettes.

2023-S5209 (ACTIVE) - Sponsor Memo

2023-S5209 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5209
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed 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
              

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