Drug Take Back

Important Update

The Drug Take Back regulations take effect March 10, 2021 and can be found here: SubPart 60-4 - Drug Take Back

General Information

Pursuant to Chapter 120 Laws of 2018, the New York State Drug Take Back Act (DTB) mandates that manufacturers establish, fund, and manage a New York State approved drug take back program(s) for the safe collection and disposal of unused covered drugs. Pharmacies of ten or more establishments within NYS and non-resident pharmacies that provide covered drugs to NYS residents by mail must implement such programs by providing consumers with a pre- approved method(s) of collection and disposal, free of charge to the consumer and pharmacy.

Chapter 120 Laws of 2018 states:

  • DTB takes effect on January 6, 2019.
  • On or before February 5, 2019, wholesalers must provide a list to the Department of Health (DOH) of manufacturers that produce covered drugs sold in New York State.
  • On or before July 5, 2019, manufacturers or organizations contracted by manufacturers must submit drug take back program proposals to DOH.
  • DOH, in conjunction with the Department of Environmental Conservation (DEC), will approve or deny proposed drug take back programs within 60 days of receipt.
    • If program proposal is not approved, the applicant has 30 days to submit an amended proposal.
    • If the subsequent proposal is rejected, the manufacturer(s) shall be out of compliance with DTB.

Proposal Information

Per Subpart 60-4.3, operators of drug take back programs must submit program proposals to the Department of Health for its review and approval, and update such proposals every three years.

Manufacturers Participating in a DTB Program

Participating manufacturers are required to notify the Department upon contracting with a drug take back organization which shall operate a drug take back program on its behalf.

Information for Pharmacies

A new Subpart 60-4 outlines the role and requirements of pharmacies in the Drug Take Back Act.

For the purposes of the DTB Act, a pharmacy shall mean all pharmacies registered under section 6808 of the Education Law that are:

  1. part of a group of ten or more pharmacies under common ownership or management, or
  2. part of a group of ten or more pharmacies linked to the same company via franchise agreements; or
  3. non-resident pharmacies registered pursuant to section 6808-b of the Education Law that provide covered drugs to state residents by mail

These pharmacies must:

  • Provide for the safe collection of drugs by offering one or more of the following methods:
    • On-site collection, dropbox, or receptacle meeting federal standards
    • Mail-back collection by prepaid envelopes as authorized by federal law and regulation; or
    • Other Federal Drug Enforcement Agency approved methods of collection.
  • Provide collection at no cost to the consumer
  • Display signage advertising the availability of drug collection to consumers
  • Comply with all federal laws and regulations concerning the disposal of controlled substances.

More Information