N.Y. Public Health Law 292 – Collection
§ 292. Collection. 1. All pharmacies shall provide for the safe collection of drugs, which shall include:
Terms Used In N.Y. Public Health Law 292
- Authorized collector: means : (a) a person, company, corporation or other entity that is registered with the United States Drug Enforcement Administration to collect controlled substances for the purposes of safe disposal and destruction; (b) a law enforcement agency; or (c) a person, company, corporation or other entity authorized by the department to provide alternative collection methods for covered drugs that are not controlled substances. See N.Y. Public Health Law 290
- 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 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 cleaning products, shampoos, sunscreens, toothpaste, lip balm, antiperspirants or other personal care products that are regulated as both cosmetics and nonprescription drugs under the Federal Food, Drug, and Cosmetic Act; (d) pet pesticide products contained in pet collars, powders, shampoos, topical applications, or other forms; (e) drugs that are biological products as defined in subdivision twenty-seven of § 6802 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 Administration managed risk evaluation and mitigation strategy; (g) emptied injector products or emptied medical devices and their component parts or accessories; and (h) drugs that are used solely in a clinical setting. See N.Y. Public Health Law 290
- Manufacturer: means a person, company, corporation or other entity engaged in the manufacture of covered drugs sold in the state. See N.Y. Public Health Law 290
- Pharmacies: means all pharmacies registered under § 6808 of the education law that are part of a group of ten or more establishments that conduct business under the same name, or operate under a common ownership or management, or pursuant to a franchise agreement with the same franchisor, and all nonresident pharmacies registered pursuant to § 6808-b of the education law that provide covered drugs to state residents by mail. See N.Y. Public Health Law 290
(a) Offering drug collection by one or more of the following methods:
(i) On-site collection, dropbox, or receptacle meeting federal standards;
(ii) Mail-back collection by prepaid envelopes as authorized by federal law and regulation; or
(iii) Other federal drug enforcement agency approved methods of collection.
(b) Signage prominently displayed advertising such drug collection to consumers.
2. All drug take back program operators shall notify other potential authorized collectors of the opportunity to serve as an authorized collector for the drug take back program. Participation of authorized collectors besides pharmacies shall be voluntary.
3. All costs of pharmacies and other authorized collectors shall be paid or reimbursed by the manufacturer, jointly or individually, as part of the drug take back programs required by this article.
4. For any city with a population of one hundred twenty-five thousand or more as of the last decennial census, the commissioner shall establish by regulation a distribution plan that ensures that on-site collection receptacle or dropbox placement shall be reasonably accessible to all residents and that provides for program cost efficiency.
5. Pharmacies providing for mail-back collection as part of the drug take back program shall provide a voucher for a prepaid envelope upon dispensing a covered drug. Such voucher shall include information on drug take back and safe drug disposal methods.