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

Thu Oct 2 11:23:51 EDT 2014

Congratulations Alameda County!

Please elaborate on medication dispensed from sharps (whether full or empty)
and how they are managed for disposal under the Alameda County ordinance.
Thank you for the fact sheet.   

9/30/14 Alameda County Ordinance Upheld by Federal Appeal Court - Ruling:
<http://cdn.ca9.uscourts.gov/datastore/opinions/2014/09/30/13-16833.pdf>
http://cdn.ca9.uscourts.gov/datastore/opinions/2014/09/30/13-16833.pdf

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 companies' 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.

Kind regards, 

cmw_logo_K
Setting the Standard for Medical Waste
Disposalcid:image002.jpg at 01CEA981.E23D5A30

Beverly Hanstrom,       

President

3131 Oakland St.  Aurora, CO  80010-1508

(303) 794-5716 Office
(303) 763-2339 Fax
(720) 971-9716 Cell
email  <mailto:bhanstrom at coloradomedicalwaste.com>
bhanstrom at coloradomedicalwaste.com

website  <http://www.coloradomedicalwaste.com>
http://www.coloradomedicalwaste.com

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Heidi Sanborn
Sent: Wednesday, October 01, 2014 1:53 PM
To: Jim Mullowney; 'Seery, Scott, Env. Health'; 'Tenace, Laurie';
pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] RE: Alameda County ordinance upheld by federal
appeal court

I think its time for other local governments and states to start introducing
similar legislation so Alameda is not carrying the fight for every local
government in the country.  I would encourage everyone to let your local
governments know that the more "fires" we start around the country on
possible local actions the faster we will get pharma to stop fighting and
start working with us.  We drafted the fact sheet attached to provide
support if local governments are considering adoption of a similar
ordinance.

Heidi

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Jim Mullowney
Sent: Wednesday, October 01, 2014 12:39 PM
To: 'Seery, Scott, Env. Health'; 'Tenace, Laurie';
pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] RE: Alameda County ordinance upheld by federal
appeal court

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: 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 

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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