BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 966| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 966 Author: Simitian (D) Amended: 4/30/07 Vote: 21 SENATE ENV. QUALITY COMMITTEE : 4-2, 3/26/07 AYES: Simitian, Kuehl, Lowenthal, Steinberg NOES: Runner, Aanestad NO VOTE RECORDED: Florez SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 5-3, 4/23/07 AYES: Ridley-Thomas, Corbett, Florez, Simitian, Yee NOES: Aanestad, Denham, Harman SUBJECT : Pharmaceutical drug disposal SOURCE : Author DIGEST : This bill requires every retailer of a drug to have in place, on and after July 1, 2008, a system for the acceptance and collection of drugs for proper disposal, as specified. ANALYSIS : Existing Law 1.Under the United States Federal Food, Drug, and Cosmetic Act the Food and Drug Administration (FDA) is authorized to oversee the safety of food, drugs, and cosmetics. CONTINUED SB 966 Page 2 2.Under the Resource Conservation and Recovery Act (RCRA) of 1976, the management of solid and hazardous waste is regulated. 3.Under the California Hazardous Substances Act, the Department of Toxic Substances Control is authorized to regulate hazardous materials and wastes to ensure that the state is delegated authority in accordance with RCRA. 4.Under the California Integrated Waste Management Act, the California Integrated Waste Management Board implements a statewide household hazardous substance information and collection program. 5.Under the Medical Waste Management Act the State Department of Health Services regulates the management and handling of medical waste. Certain items, such as household waste, are specifically excluded from the definition of medical waste. 6.Provides for the regulation of prescription drugs and medical devices dispensed by pharmacies by the California State Board of Pharmacy within the Department of Consumer Affairs. This bill: 1. Makes Legislative findings and declarations regarding the harmful effects of improper drug disposal, and the intention to reduce the likelihood of improper disposal of drugs, by establishing a program through which the public may return and ensure the safe and environmentally sound disposal of drugs and may do so in a way that is convenient for consumers and cost effective for retailers. 2. Defines specified terms and definitions for purposes of the bill. 3. Requires every retailer of a drug, on and after July 1, 2008, to have in place a system for the acceptance and collection of drugs for proper disposal. SB 966 Page 3 4. Specifies that a system for the acceptance and collection of drugs for proper disposal shall, at a minimum, include: A. The take-back, at no cost to the consumer, of a drug, the type or brand of which the retailer sold or previously sold. B. A notice to consumers that shall include informational materials, including, but not limited to, Internet Website links or a telephone number, placed on the invoice or purchase order, or packaged with the drug, that provide consumers access to obtain more information about the opportunities and locations for no-cost drug disposal. C. Information made available to consumers about drug return opportunities provided by the retailer and encouraging consumers to utilize those opportunities. This information may include, but is not limited to, one or more of the following: (1) Signage that is prominently displayed and easily visible to the consumer. (2) Written materials provided to the consumer at the time of purchase or delivery, or both. (3) Reference to the drug take-back opportunity in retailer advertising or other promotional materials, or both. (4) Direct communications with the consumer at the time of purchase. 5. States the provisions of the bill do not apply to a controlled substance, as defined. Comments The author's office states that under existing law, hazardous waste and medical waste are regulated under state law to prevent unsafe disposal that may pose a risk to SB 966 Page 4 human health and the environment. However, because the law considers drugs a household hazardous waste, there is no prohibition against throwing unused drugs in the trash or flushing them down the toilet. The author's office states that the United States Geological Survey conducted a study in 2002 sampling 139 streams across 30 states and found that 80 percent had measurable concentrations of prescription and nonprescription drugs, steroids, and reproductive hormones. Exposure, even to low levels of pharmaceuticals, has been shown to have negative effects on fish and other aquatic species and may have negative effects on human health. Without a safe and effective method for disposal, prescription drugs may be left indefinitely in medicine cabinets where they pose a threat of potential prescription drug misuse or abuse. The author's office believes that this bill provides a safe and environmentally sound method for the disposal of unused prescription drugs. Currently, when an individual needs to dispose of expired or left over medications, the only safe way to do so is to take it to a household hazardous waste collection site. Most often drugs are either flushed down the toilet or thrown in the garbage where they can pose a threat to the environment and contaminate our waterways. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 5/2/07) American Federation of State, County and Municipal Employees Breast Cancer Fund California Alliance for Consumer Protection California Association of Sanitation Agencies California Product Stewardship Council California Veterinary Medical Association Californians Against Waste Central Contra Costa Sanitary District City and County of San Francisco City of Benicia City of Livermore Water Resources Division SB 966 Page 5 City of Millbrae City of Palo Alto City of Rohnert Park Clean Water Action East Bay Municipal Utility District EXP Pharmaceutical Services Corp. Laguna de Santa Rosa Foundation League of California Cities Maine Benzodiazepine Study Group Maine Unused Drug Disposal Group Mt. View Sanitary District Orange County Sanitation District Planning and Conservation League Regional Council of Rural Counties San Francisco Public Utilities Commission Santa Clara Valley Water District Sierra Club California Solid Waste Association of North America OPPOSITION : (Verified 5/2/07) California Grocers Association California Retailers Association Rite Aid ARGUMENTS IN SUPPORT : Californians Against Waste contends that currently there are few safe and convenient ways for consumers to dispose of unused prescription drugs. A 2006 study showed that only five percent of pharmacies had a consistent message to patients on the safe disposal of pharmaceuticals. Nearly all unused pharmaceuticals enter either our solid waste system or our sewage system. Neither disposal methods are environmentally sound. Pharmaceuticals flushed down the toilet pass through our sewage treatment plants, which are generally not designed to screen for these chemicals. Pharmaceuticals discarded in landfills can seep into the surrounding water table. Existing law already requires many pharmacies to provide consumers with a take-back and recycling obligation for other problem products, including plastic bags, rechargeable batteries and cell phones. Extending this take-back responsibility to pharmaceuticals is a logical step. SB 966 Page 6 Sierra Club California states that this bill provides a safe and environmentally sound method for the disposal of unused prescription drugs and agrees that pharmacies provide a convenient location for consumers to return unused drugs. Without a safe and effective method for disposal, prescription drugs maybe left indefinitely in medicine cabinets where they pose a threat of potential prescription drug misuse. ARGUMENTS IN OPPOSITION : The California Retailers Association states that although its members agree with the goal of appropriate and safe disposal of prescription drugs, there remain substantial concerns regarding the burdens that would be imposed on pharmacies by such an unfunded mandate. Its members fear that they would be unable to support the administrative, personnel, time and cost demands that would be imposed by this bill. Rite Aid opposes the requirement that every retail pharmacy have a system for the acceptance and collection of unused pharmaceutical drugs for proper disposal. Pharmacies would be prohibited from collecting a fee to cover the cost of implementing this mandated program. Pharmacies will incur substantial costs by participating in a mandated drug disposal program. In addition to the obvious labor cost associated with such a program, there will also be costs associated with establishing the notification and outreach mandates outlined in the bill. Other states that have established drug disposal programs have made them voluntary and have allowed pharmacies to charge a nominal fee to cover the cost associated with the program. In addition, some states have established voluntary take-back days in which pharmacies collect unused drugs on certain days. State agencies then collect the returned drugs from each store and properly dispose of them. Rite Aid believes that other programs represent well thought-out approaches to establishing a drug take-back program. TSM:do 5/2/07 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE SB 966 Page 7 **** END ****