[Pharmwaste] Pharma industry complaint against Alameda County

[Fred Miller]

Brad,

Time and federal court challenges will tell.

 

I apologize for my strong language regarding the motivation of the Alameda
board members who voted for their ordinance.  However, I vehemently disagree
with those who say discussion of politics has no place in this forum.
Political acts such as those of the Alameda board drive a major portion of
how we do our business.  The technical aspects of pharmaceutical waste
disposal are quite easy to address using existing hazardous waste management
systems.  Likewise, it's very simple to develop functional collection
programs.  What is most problematic is how to marry those things together in
today's political and regulatory climate.  If it weren't for the politics
involved we'd have little reason to discuss anything here.

 

Fred

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Miller,
Bradley
Sent: Wednesday, December 12, 2012 5:35 AM
To: Fred Miller; pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] Pharma industry complaint against Alameda County

 

I'm not so sure that the law is unconstitutional


In principle, its no different than NY State's electronics recycling law,
which requires manufacturers of electronics sold in NY State to provide free
take back programs for the recycling of electronics.

 

http://www.dec.ny.gov/chemical/65583.html

 

I believe there is the option of opting out, however, by not selling
products in NY state.

 

I see no reason why a pharmaceutical law couldn't be crafted that is similar
to the electronics take-back law.

 

Brad Miller, CHMM
University of Rochester

 

 

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Fred Miller
Sent: Monday, December 10, 2012 4:24 PM
To: pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] Pharma industry complaint against Alameda County

 

After reading the filing I believe the plaintiffs will prevail on
constitutional grounds.  Some of their other claims are suspect but the
challenge is based upon constitutional law where they stand on fairly firm
and clear ground.  To go back up the channel beyond the party who imports
into a jurisdiction is clearly a violation of the ICC, and even that step is
very likely to be slapped down.   They can't even give
manufacturers/distributor the option of not doing business in the
jurisdiction without violation of the ICC.  Political subdivisions may tax
activities which occur within their jurisdiction but they can't reach beyond
those geographical bounds.  To implement such a program would require
federal action to keep from running afoul of the ICC.

 

I believe these programs should be a function of government.  That allows a
tax to be imposed upon retail sales within each jurisdiction which is
clearly allowed.  As this ordinance stands, Alameda County is trying to grab
a free ride off the rest of the nation.  Their pandering politicians lack
the courage to tell people we all bear responsibility for what we consume.

 

Fred

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Scott Cassel
Sent: Sunday, December 09, 2012 4:08 AM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Pharma industry complaint against Alameda County

 

Thanks to one of our members for the attached  11-page complaint filed in
federal court by PhRMA, GPhA, and BIO against Alameda County's Safe Drug
Disposal Ordinance. The lawsuit provides a concise summary of the law. It is
also a broad rebuttal against the concept of producer responsibility,
arguing that drug-take back programs should be a government function. 

 

 

____________________________
Scott Cassel

Chief Executive Officer/Founder
Product Stewardship Institute, Inc.
29 Stanhope Street
Boston, MA 02116
617-236-4822 (ph)
617-236-4766 (fax) 
 <mailto:scott at productstewardship.us> scott at productstewardship.us
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