§ 290 — Definitions

New York § 290

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 2-B: Drug Take Back

Text

§ 290. Definitions. As used in this article, unless the context\nclearly requires otherwise:\n 1. "Authorized collector" means: (a) a person, company, corporation or\nother entity that is registered with the United States Drug Enforcement\nAdministration to collect controlled substances for the purposes of safe\ndisposal and destruction; (b) a law enforcement agency; or (c) a person,\ncompany, corporation or other entity authorized by the department to\nprovide alternative collection methods for covered drugs that are not\ncontrolled substances.\n 2. "Covered drug" means any substance recognized as a drug under 21\nUSC § 321(g)(1), as amended, and any regulations promulgated thereunder\nthat is sold, offered for sale or dispensed in the state, whether\ndirectly or through a wholesaler, in any form including prescription and\nnonprescription drugs, drugs in medical devices and combination\nproducts, brand and generic drugs and drugs for veterinary use; provided\nhowever, covered drug shall not include: (a) vitamins or supplements;\n(b) herbal-based remedies and homeopathic drugs, products or remedies;\n(c) cosmetics, soap (with or without germicidal agents), laundry\ndetergent, bleach, household cleaning products, shampoos, sunscreens,\ntoothpaste, lip balm, antiperspirants or other personal care products\nthat are regulated as both cosmetics and nonprescription drugs under the\nFederal Food, Drug, and Cosmetic Act; (d) pet pesticide products\ncontained in pet collars, powders, shampoos, topical applications, or\nother forms; (e) drugs that are biological products as defined in\nsubdivision twenty-seven of section sixty-eight hundred two of the\neducation law if the manufacturer already provides a take back program;\n(f) drugs for which a manufacturer provides a take back program as part\nof a Federal Food and Drug Administration managed risk evaluation and\nmitigation strategy; (g) emptied injector products or emptied medical\ndevices and their component parts or accessories; and (h) drugs that are\nused solely in a clinical setting.\n 3. "Manufacturer" means a person, company, corporation or other entity\nengaged in the manufacture of covered drugs sold in the state.\nManufacturer does not include a repackager or wholesaler.\n 4. "Pharmacies" means all pharmacies registered under section\nsixty-eight hundred eight of the education law that are part of a group\nof ten or more establishments that conduct business under the same name,\nor operate under a common ownership or management, or pursuant to a\nfranchise agreement with the same franchisor, and all nonresident\npharmacies registered pursuant to section sixty-eight hundred eight-b of\nthe education law that provide covered drugs to state residents by mail.\n 5. "Drug take back organization" means an organization designated by a\nmanufacturer or a group of manufacturers to act as an agent on behalf of\nthe manufacturer or group of manufacturers to operate and implement a\ndrug take back program as authorized by this article.\n 6. "Wholesaler" means any person, company, corporation or other entity\nthat sells or distributes drugs and covered drugs for resale to an\nentity in the state other than a consumer.\n 7. "Repackager" means an entity that owns or operates an establishment\nthat repacks and relabels a product or package containing a covered drug\nfor further sale or for distribution without further transaction.\n