Bill Text: NY A07379 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires the labeling of prescription drug containers where such drugs contain gluten, lactose or food dye.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A07379 Detail]

Download: New_York-2019-A07379-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7379--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 29, 2019
                                       ___________

        Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  education  law,  in  relation  to  labeling  of
          prescription drugs containing gluten, lactose or food dye

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section 6810 of the education law, as
     2  amended by section 2 of part V of chapter 57 of the  laws  of  2012,  is
     3  amended to read as follows:
     4    1.  No  drug for which a prescription is required by the provisions of
     5  the Federal Food, Drug and Cosmetic Act or by the commissioner of health
     6  shall  be  distributed  or  dispensed  to  any  person  except  upon   a
     7  prescription  written  by  a  person  legally  authorized  to issue such
     8  prescription. Such drug shall be compounded or dispensed by  a  licensed
     9  pharmacist,  and no such drug shall be dispensed without affixing to the
    10  immediate container in which the drug is sold or dispensed a label bear-
    11  ing the name and address of the owner of the establishment in  which  it
    12  was dispensed, the date compounded, the number of the prescription under
    13  which it is recorded in the pharmacist's prescription files, the name of
    14  the  prescriber, the name and address of the patient, and the directions
    15  for the use of the drug by the patient as given upon  the  prescription.
    16  Except  as  otherwise  authorized in the Federal Food, Drug and Cosmetic
    17  Act, no drug containing any active or inactive ingredient made from  any
    18  gluten-containing  grain, including wheat, barley, rye, or any crossbred
    19  hybrid of such grains, or containing any active or  inactive  ingredient
    20  containing   lactose,   or  containing  food  dye,  and  for  which  any
    21  prescription is required by the provisions of the Federal Food, Drug and
    22  Cosmetic Act or by the commissioner of health contained within a bottle,
    23  vial, carton or other container, or in any way affixed or appended to or
    24  enclosed within a package of any kind, and designated  or  intended  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10881-07-9
        A. 7379--A                          2

     1  delivery  in such container or package to an ultimate consumer, shall be
     2  dispensed or sold to an ultimate consumer within this state unless  such
     3  container  or  package  has  clearly and permanently marked or imprinted
     4  upon  it in conformance with the applicable plan required by subdivision
     5  three of this section words clearly  identifying  each  such  active  or
     6  inactive  ingredient  made from any gluten-containing grain or crossbred
     7  hybrid, lactose, or food dye. All labels shall conform to such rules and
     8  regulations as promulgated  by  the  commissioner  pursuant  to  section
     9  sixty-eight  hundred  twenty-nine  of  this article. The prescribing and
    10  dispensing of a drug which is a controlled substance shall be subject to
    11  additional requirements provided in article thirty-three of  the  public
    12  health law. The words "drug" and "prescription required drug" within the
    13  meaning  of  this article shall not be construed to include soft or hard
    14  contact  lenses,  eyeglasses,  or  any  other  device  for  the  aid  or
    15  correction  of vision. Nothing in this subdivision shall prevent a phar-
    16  macy from furnishing a drug to another pharmacy which does not have such
    17  drug in stock for the purpose of filling a prescription.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law. Effective immediately, the addition, amendment and/or
    20  repeal  of  any  rule  or regulation necessary for the implementation of
    21  this act on its effective date are authorized to be made  and  completed
    22  on or before such effective date.