BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 966|
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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
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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.
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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
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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
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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.
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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
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