[Pharmwaste] RE: Alameda County ordinance upheld by federal appeal court

Jim Mullowney jmullowney at pharma-cycle.com
Wed Oct 1 15:38:41 EDT 2014


I think it is time to add the collection of human waste containing Cytotoxic
Chemotherapy drugs to the program..

Check out www.cytotoxicsafety.org to set up a program.

 

Jim M.

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Seery, Scott,
Env. Health
Sent: Wednesday, October 01, 2014 3:25 PM
To: 'Tenace, Laurie'; 'pharmwaste at lists.dep.state.fl.us'
Subject: [Pharmwaste] RE: Alameda County ordinance upheld by federal appeal
court

 

Yes, we think it's pretty awesome over here.  J

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Tenace,
Laurie
Sent: Wednesday, October 01, 2014 12:05 PM
To: 'pharmwaste at lists.dep.state.fl.us'
Subject: [Pharmwaste] Alameda County ordinance upheld by federal appeal
court
Importance: High

 

Please note that this email originated with Catherine Zimmer, not me. I am
forwarding it for her. Always let me know if you have problems posting to
the list serve.

Laurie

 

 

From: Catherine Zimmer [mailto:zenllc at usfamily.net] 
Sent: Wednesday, October 01, 2014 8:53 AM
To: pharmwaste at lists.dep.state.fl.us
Subject: FW: Alameda County Drug ordinance upheld by federal appeal court!!!
WooHoo!!!
Importance: High

 

This opens the door for EPR in all the states.  Along with the new rules for
CS management not only will the burden be shifted from the public-although
management of the waste should have oversight, maybe we will also see some
source reduction.  

 

Very truly yours,

 

Catherine Zimmer, MS, BSMT

Zimmer Environmental Improvement, LLC

St. Paul, MN 

Ph:  651.645.7509

 <mailto:zenllc at usfamily.net> zenllc at usfamily.net

 

From: cpsc-pharmaceuticals-listserv at googlegroups.com
[mailto:cpsc-pharmaceuticals-listserv at googlegroups.com] On Behalf Of Heidi
Sanborn
Sent: Tuesday, September 30, 2014 4:41 PM
To: CPSC Pharmaceutical Listserv
(cpsc-pharmaceuticals-listserv at googlegroups.com)
Subject: FW: Alameda County Drug ordinance upheld by federal appeal court!!!
WooHoo!!!
Importance: High

 

A federal appeals court rejected a challenge Tuesday by the pharmaceutical
industry to an Alameda County ordinance, the first in the nation to require
drug manufacturers to pay disposal costs for consumers' unused medications.

 

Drug companies, backed by trade associations and the U.S. Chamber of
Commerce, argued that the 2012 ordinance illegally shifts local costs to
out-of-state producers and interferes with interstate commerce. But the
Ninth U.S. Circuit Court of Appeals in San Francisco said the county's
measure treats all manufacturers equally and imposes no substantial burden
on interstate businesses.

 

The ordinance "applies to all manufacturers that make their drugs available
in Alameda County - without respect to the geographic location of the
manufacturer," Judge N. Randy Smith said in the 3-0 ruling, which upheld a
federal judge's decision in the county's favor. "Given that the ordinance
applies across the board, it does not discriminate at all," nor does it
regulate conduct outside the county, he said.

 

Smith also noted that pharmaceutical companies collect $950 million a year
in sales revenue in Alameda County and could comply with the ordinance at an
annual cost of $1.2 million, by the comnpanies' estimate, or $330,000 by the
county's estimate. The companies could recoup their costs by raising prices
in Alameda County by one cent for each $10 in sales, said Arthur Shartsis, a
lawyer for the county.

 

 

The court's affirmance of local regulation was crucial, Shartsis said,
because "the pharmaceutical industry has the lobbying power to stop these
kinds of programs at the state level. It does not have the power to stop
them at the county level."

 

Pharmaceutical Research and Manufacturers of America, which sued to overturn
the ordinance, was not immediately available for comment. The organization
could ask the U.S. Supreme Court to review the ruling.

 

The ordinance was approved by county supervisors in July 2012 and is still
in the process of being implemented. It requires makers of prescription
drugs sold in the county to fund a program that picks up and disposes of
leftover drugs.

 

Alameda County now operates and pays for about 30 drop-off sites where
consumers can discard their pills. County officials who backed the ordinance
said drug companies should bear the cost of cleaning up their products for
the sake of the environment and their customers' health. The Natural
Resources Defense Council, city and county governments and Attorney General
Kamala Harris filed arguments asking the court to uphold the ordinance.

 

Bob Egelko is a San Francisco Chronicle staff writer. E-mail:
begelko at sfchronicle.com. Twitter: @egelko

 

For the ruling: 

 

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT - PHARMACEUTICAL
RESEARCH & MANU V. COUNTY OF ALAMEDA Opinion 

 

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/09/30/13-16833.pdf

 

 

 

Bill Pollock

Program Manager

Alameda County Household Hazardous Waste program

1131 Harbor Bay Parkway M/S51701  (mailing address only)

Alameda, CA 94502

510-670-6460  Fax 510-293-9374

 

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