[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-17-2017 by L.L. No. 1-2017]
This article shall be known as "the Tobacco-Free Pharmacies
Act."
A.Â
There exists conclusive evidence that tobacco smoke causes cancer,
cardiovascular disease, respiratory disease, negative birth outcomes,
allergies, and irritation to the eyes, nose, and throat; and the majority
of all smokers begin using tobacco products before age 18; an estimated
3,000 minors begin smoking every day in the United States; and the
United States Department of Health and Human Services has concluded
that nicotine is as addictive as cocaine or heroin; and despite state
laws prohibiting the sale of tobacco products to minors, access by
minors to tobacco products remains a major problem.
B.Â
Each year over 13,000 New Yorkers are diagnosed with lung cancer
and about 9,000 men and women in New York State die each year of this
disease. Smoking is the most common cause of lung cancer and "secondhand
smoke" increases the risk for lung cancer.
C.Â
Nicotine has been found to affect cognition, particularly in adolescents,
increase blood pressure, respiration and heart rate and has been observed
to contribute to cardiovascular disorders, including cardiomyopathy,
peripheral vascular disease, atherosclerosis, hypertension, direct
coronary spasm and ischemia, potentially leading to coronary artery
disease and myocardial infarction.
D.Â
In July of 2009, the Pharmacist Society of the State of New York
(PSSNY), House of Delegates, passed a resolution supporting efforts
to end the sale of tobacco products in pharmacies.
E.Â
Accordingly, in order to promote the health, safety and well-being
of Rockland County residents, the purpose of this article is to prohibit
the sale of tobacco products in pharmacies and retail establishments
containing a pharmacy in Rockland County.
As used in this article, the following terms shall have the
meanings indicated:
The Rockland County Commissioner of Health.
The County of Rockland, New York.
The Rockland County Department of Health.
Any place in which drugs and medical components are possessed
for the purpose of preparing, compounding, preserving or dispensing
of drugs, medicines and therapeutic devices on the basis of prescriptions
and/or registered as a pharmacy pursuant to § 6802 of the
New York Education Law and are offered for sale at retail by advertising
or otherwise. This includes facilities and retailers that maintain
a pharmacy within their establishment.
Any product made or derived from tobacco that is intended
for human consumption, including, but not limited to, any component,
part or accessory of a tobacco product, whether or not the product
contains nicotine, cigarettes, chewing tobacco, cigars, powdered tobacco,
shisha, herbal cigarettes, electronic cigarettes, electronic liquids,
rolling paper and smoking paraphernalia.
No pharmacy located in Rockland County shall sell or cause to
be sold tobacco products.
A.Â
The Commissioner shall have sole jurisdiction to enforce the provisions
of this article.
B.Â
If the Commissioner determines after notice and a hearing that a violation of § 317A-4 of this article has occurred, the Commissioner may impose a civil penalty of up to $2,000 per violation. Nothing herein shall be construed to prohibit the Commissioner from commencing a proceeding for injunctive relief to compel compliance with this article.
C.Â
Hearings held pursuant to the authority of this article shall be
conducted in accordance with the procedures set forth in the Rockland
County Sanitary Code by the Commissioner or his or her designee.
D.Â
The decision of the Commissioner shall be reviewable pursuant to
Article 78 of the New York Civil Practice Law and Rules.
E.Â
The Rockland County Attorney may bring an action in the name of Rockland
County or the Rockland County Commissioner of Health to recover the
civil penalty provided by this article in any court of competent jurisdiction.
This article shall take effect within 60 days from filing in
the Office of the Secretary of State.
[Adopted 2-7-2017 by L.L.
No. 2-2017]
This article may be cited as the "Pharmacy Take-Back Act."
The purpose of this article is to protect the health, safety
and welfare of the public and of the environment by providing for
the safe and orderly collection and disposal of unused drugs; and
by placing responsibility for end-of-life management of drug products
on the manufacturers of the products, while encouraging product design
that minimizes negative impacts on human health and the environment
at every stage of the product's lifecycle.
For the purposes of this article the following terms have the
meanings given below:
Residents of single-and multiple-family residences or other
locations who possess, dispose of or abandon household drugs. "Consumer
generators" does not include drug seizures by law enforcement, pharmacy
waste, business waste, or any other source identified by the Department
as a non-consumer source.
Any substance listed under New York Public Health Law § 3306
or 21 U.S.C. §§ 812 and 813 or any successor legislation.
Articles intended to be rubbed, poured, sprinkled, or sprayed
on, introduced into, or otherwise applied to, the human body, or any
part thereof, for cleansing, beautifying, promoting attractiveness,
or altering the appearance;
Articles intended for use as a component of any such articles;
and
Cosmetics, as defined above, with expiration dates.
The County of Rockland, New York.
All drugs as defined in 21 U.S.C. § 321(g)(1) of
the Federal Food, Drug and Cosmetic Act (FFDCA) covered under 21 U.S.C.
§ 353(b)(1) of the FFDCA, including both brand name and
generic drugs, and nonprescription drugs. "Covered drug" does not
include:
Vitamins or supplements;
Herbal-based remedies and homeopathic drugs, products, or remedies;
Cosmetics, soap (with or without germicidal agents), laundry
detergent, bleach, household cleaning products, shampoos, sunscreens,
toothpaste, lip balm, antiperspirants, or other personal care products
that are regulated as both cosmetics and nonprescription drugs under
the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301
et seq. (2002)];
Drugs for which producers provide a takeback program as part
of a Federal Food and Drug Administration managed risk evaluation
and mitigation strategy (21 U.S.C. § 3551);
Drugs that are biological products as defined by 21 CFR 600.3(h)
as it exists on the effective date of this section if the producer
already provides a takeback program; and
Pet pesticide products contained in pet collars, powders, shampoos,
topical applications, or other delivery systems.
The Rockland County Department of Consumer Protection.
A business that sells or distributes drugs and covered drugs
for resale to an entity other than a consumer.
(1) Articles recognized in the official United States pharmacopoeia,
the official national formulary, the official homeopathic pharmacopoeia
of the United States, or any supplement of the formulary or those
pharmacopoeias; (2) substances intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in humans or
other animals; (3) substances, other than food, intended to affect
the structure or any function of the body of humans or other animals.
"Drugs" does not mean medical devices, their component parts or accessories.
A person other than an individual.
A drug that is chemically identical or bioequivalent to a
brand name drug in dosage form, safety, strength, route of administration,
quality, performance characteristics, and intended use, though inactive
ingredients may vary.
Pharmaceutical waste that falls under the Federal Resource
Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C.
§ 6901 et seq.). This waste includes bulk chemotherapy drugs,
P-listed waste, U-listed waste and characteristic hazardous waste.
The Rockland County Legislature.
A system whereby consumer generators of unwanted products
obtain prepaid and preaddressed mailing envelopes in which to place
unwanted products for shipment to an entity that will dispose of them
safely and legally.
The production, preparation, propagation, compounding, or
processing of drugs, but does not include the activities of a repackager,
wholesaler or medical practitioner.
A person, company, corporation or other entity engaged in
the manufacture of drugs.
Any biohazardous, pathology, pharmaceutical, or trace chemotherapy
waste not regulated by the Federal Resource Conservation and Recovery
Act (RCRA) of 1976, as amended; sharps and trace chemotherapy wastes
generated in a health care setting in the diagnosis, treatment, immunization,
or care of humans or animals; waste generated in autopsy or necropsy;
waste generated during preparation of a body for final disposition
such as cremation or interment; waste generated in research pertaining
to the production or testing of microbiologicals; waste generated
in research using human or animal pathogens; sharps and laboratory
waste that pose a potential risk of infection to humans generated
in the inoculation of animals in commercial farming operations; waste
generated from the consolidation of home-generated sharps; and waste
generated in the cleanup of trauma scenes.
Any drug that may be lawfully sold without a prescription.
An individual, firm, sole proprietorship, corporation, limited-liability
corporation, general partnership, limited partnership, limited-liability
partnership, association, cooperative, or other legal entity, however
organized.
Any place registered as a pharmacy pursuant to § 6802
of New York Education Law where the practice of pharmacy is conducted.
The person, company or organization that develops, implements
and operates a product stewardship plan, including but not limited
to a producer or stewardship organization.
A product stewardship plan required under this article that
describes the manner in which a product stewardship program will be
provided.
Any drug that by federal or state law may be dispensed lawfully
only on prescription.
Shall be determined, with regard to covered drugs that are sold,
offered for sale, or distributed in Rockland County, to mean one of
the following:
The person who manufactures covered drugs and who sells, offers
for sale, or distributes covered drugs in Rockland County under that
person's own name or brand.
If there is no person who sells, offers for sale, or distributes
covered drugs in Rockland County under the person's own name
or brand, the producer of covered drugs is the owner or licensee of
a trademark or brand under which the covered drugs are sold or distributed
in Rockland County, whether or not the trademark is registered.
A program financed and operated by producers.
Any person or entity that sells or otherwise furnishes drugs
to consumers at a medical or veterinary office, clinic, hospital or
approved needle exchange program located in the County.
Any hearing held by the Department or the County which is
open to the public for the purposes of collecting public comment.
It does not necessarily refer to meetings of the Legislature.
Any person or entity that sells drugs directly to consumers
at a business located in the County. To be subject to this article,
a retailer must belong to a chain of three or more retail establishments,
whether operating inside or outside of Rockland County, that are engaged
in the same general field of business and:
An organization designated by a group of producers to act
as an agent on behalf of each producer to operate a product stewardship
program.
Covered drugs no longer wanted by the owner or that have
been abandoned, discarded, or are intended to be discarded by the
owner.
A.Â
This article shall apply only to producers whose covered drugs are
sold or distributed in Rockland County and to retailers who sell covered
drugs in Rockland County. This article shall be administered and implemented
by the Rockland County Department of Consumer Protection.
B.Â
Requirement for sale. Each producer must:
(1)Â
Operate, individually or jointly with other producers, a product
stewardship program approved by the Department in consultation with
the Rockland County Department of Health; or
(2)Â
Enter into an agreement with a stewardship organization to operate,
on the producer's behalf, a product stewardship program approved
by the Department in consultation with the Rockland County Department
of Health.
C.Â
Product stewardship program costs.
(1)Â
A producer, group of producers, or stewardship organization
must pay all administrative and operational fees associated with its
product stewardship program, including the cost of collecting, transporting,
and disposing of unwanted products collected from consumer generators
and the recycling or disposal, or both, of packaging collected with
the unwanted product.
(2)Â
A producer, group of producers, or stewardship organization
must pay for all fees and expenses associated with obtaining compliance
with the New York State Environmental Quality Review Act (6 NYCRR
Part 617), if required, for a specific product stewardship program
and product stewardship plan.
(3)Â
No person or producer may charge a specific point-of-sale fee
to consumers to recoup the costs of its product stewardship program,
nor may it charge a specific point-of-collection fee at the time the
unwanted products are collected from consumer generators or delivered
for disposal.
(4)Â
A producer, group of producers, or stewardship organization
must pay all costs incurred by the County of Rockland, including but
not limited to the Department, in the administration and enforcement
of its product stewardship program. Exclusive of fines and penalties,
the County of Rockland shall only recover its actual costs of administration
and enforcement under this article and shall not charge any amounts
under this article in excess of its actual administrative and enforcement
costs.
(5)Â
A producer, group of producers, or stewardship organization
must pay all collection and disposal costs as of the date that the
local law codified in this article becomes effective. If the County
incurs any costs due to delays in establishment of an approved stewardship
plan, the producer, group of producers, or stewardship organization
must reimburse the County in full for such costs.
A.Â
Plan content. Each product stewardship program shall have a product
stewardship plan that contains each of the following:
(1)Â
Certification that the product stewardship program will accept
all unwanted products regardless of who produced them, unless excused
from this requirement by the Department as part of the approval of
the plan;
(2)Â
Contact information for the individual and the entity submitting
the plan and for each of the producers participating in the product
stewardship program;
(3)Â
A description of the methods by which unwanted products from
consumer generators will be collected at all retail sale facilities
of drugs in the County, including a description of bins to be used
and collection methods;
(4)Â
A description of the methods by which unwanted products from
consumer generators will be collected at all public health facilities
in Rockland County, as well as at such other locations as designated
by the Department, including a description of bins to be used and
collection methods;
(5)Â
The location of each collection site and locations where envelopes
for a mail-back program are available (if applicable);
(6)Â
A list containing the name, location, permit status, and record
of any penalties, violations, or regulatory orders received in the
previous five years by each person that will be involved in transporting
unwanted products and each medical waste or hazardous waste disposal
facility proposed to participate in the product stewardship program;
(7)Â
A description of how the unwanted products will be safely and
securely tracked and handled, from collection through final disposal,
and the policies and procedures to be followed to ensure security;
(8)Â
A description of the public education and outreach activities
required under this article and how their effectiveness will be evaluated;
(9)Â
A description of how the scope and extent of the product stewardship
program are reasonably related to the number of covered drugs that
are sold in the County of Rockland, by the producer or group of producers;
(10)Â
A starting date when collection of unwanted products will begin;
(11)Â
A description of how support will be provided to any law enforcement
agencies within Rockland County that have, or later agree to have,
a collection program for controlled substances, including:
(a)Â
The provision of a collection kiosk with appropriate accessories
and signage;
(b)Â
An ability to accept controlled substances and other covered
drugs;
(c)Â
Technical support up to and including an appropriate person
to provide on-site assistance with the sorting and separation of controlled
substances at no cost to a participating law enforcement agency;
(12)Â
If more than one producer will be involved in a proposed product
stewardship program, then the product stewardship plan for that program
must include a fair and reasonable manner for allocating the costs
of the program among the participants in that program, such that the
portion of costs paid by each producer is reasonably related to the
number of covered drugs that producer sells in the County of Rockland.
B.Â
Department review and approval; updates.
(1)Â
No producer, group of producers, or stewardship organization
may begin collecting unwanted products to comply with this article
until it has received written approval of its product stewardship
plan from the Department. The County may continue collection on an
interim basis if there is any delay in establishing a stewardship
program as required.
(2)Â
Product stewardship plans must be submitted to the Department
for approval. The initial plans must be submitted by April 1, 2017,
or at a later date as approved in writing by the Department.
(3)Â
Within 60 days after receipt and review of a product stewardship
plan, the Department will determine whether the plan complies with
the requirements of this chapter and of any regulations adopted pursuant
to this chapter. The Department may at its sole discretion conduct
a noticed public hearing as part of this process.
(a)Â
As part of its approval, the Department may set reasonable performance
goals for the program.
(b)Â
If the Department approves a plan, it shall notify the applicant
of its approval in writing.
(c)Â
If the Department rejects a plan, it shall notify the applicant
in writing of its reasons for rejecting the plan. The Department may
reject a plan without conducting a public hearing.
(d)Â
An applicant whose plan has been rejected by the Department
must submit a revised plan to the Department within 30 days after
receiving notice of the rejection. The Department may require the
submission of a further revised plan or, at its sole discretion, the
Department may develop, approve and impose its own product stewardship
plan or an approved plan submitted by another producer(s) pursuant
to this article. The imposed plan will be presented at a public hearing.
The Department is not required, and nothing in this article shall
be interpreted as requiring, the Department to create or impose a
product stewardship plan.
(e)Â
If the Department rejects a revised product stewardship plan
or any other subsequently revised plan, the producer(s) at issue shall
be out of compliance with this article and shall be subject to the
enforcement provisions contained in this article.
(4)Â
At least every three years, a producer, group of producers or
stewardship organization operating a product stewardship program shall
update its product stewardship plan and submit the updated plan to
the Department for review and approval.
(5)Â
A producer who begins to offer a covered drug for sale in the
County of Rockland after April 1, 2017, must submit a product stewardship
plan to the Department or provide evidence of having joined an existing
approved product stewardship program within 60 days following the
producer's initial offer for sale of a covered drug.
(6)Â
Any proposed changes to a product stewardship plan must be submitted
in writing to the Department and approved by the Department in writing
prior to implementation of any change.
(7)Â
Required plan amendment. Within 60 days of the final promulgation
of any rules by the New York State Board of Pharmacy regarding collection
of controlled substances by retail pharmacies in conformity with the
United States Drug Enforcement Agency regulations resulting from the
Secure and Responsible Drug Disposal Act of 2010, each producer, group
of producers or stewardship organization operating a product stewardship
program shall submit to the Department for review and approval an
update to its product stewardship plan that describes how the plan
will, within 120 days, include collection of controlled substances
at all collection locations on the premises of retailers and providers
of covered drugs.
A.Â
Compliance with applicable law. Each product stewardship program
must comply with all local, state, and federal laws and regulations
applicable to its operations, including laws and regulations governing
the treatment and disposal of unwanted products.
B.Â
Treatment and disposal. Each product stewardship program must dispose
of all unwanted covered drugs by incineration at a medical waste or
hazardous waste facility. Each treatment or disposal facility utilized
must be in possession of all required regulatory permits and licenses.
C.Â
New technologies. Producers with product stewardship programs may
petition the Department for approval to use treatment and final disposal
technologies, where lawful, that provide superior environmental and
human health protection to that provided by current medical waste
disposal technologies for covered drugs if and when those technologies
are proven and available. The proposed technology must provide equivalent
protection in each, and superior protection in one or more, of the
following areas:
D.Â
Packaging separation. Each product stewardship program shall encourage
consumer generators to separate unwanted products from their original
containers and packaging, when appropriate, prior to collection or
disposal.
A.Â
A product stewardship program must promote the program to consumer
generators, pharmacists, retailers of covered drugs, and health care
practitioners as to the proper and safe method to dispose of unwanted
products.
B.Â
A product stewardship program shall include, but is not limited to,
developing, and updating as necessary, educational and other outreach
materials for use by retailers of covered drugs. These materials may
include, but are not limited to, two or more of the following:
(1)Â
Signage that is prominently displayed and easily visible to
the consumer.
(2)Â
Written materials and templates of materials for reproduction
by retailers to be provided to the consumer at the time of purchase
or delivery, or both.
(3)Â
Advertising and/or other promotional materials related to the
product stewardship program.
C.Â
A product stewardship program must prepare education and outreach
materials that publicize the location and operation of collection
locations in Rockland County and disseminate the materials to health-care
facilities, pharmacies, and other interested parties. The program
also must establish a website publicizing collection locations and
program operations and a toll-free telephone number that consumer
generators can call to find nearby collection locations and understand
how the program works.
A.Â
Every retailer and every provider of covered drugs in the County
shall establish a system consistent with the requirements of this
article for the collection of discarded consumer-generated covered
drugs for proper disposal during the retailer's or provider's
normal hours of operation, except that a retailer or provider who
does not sell or provide covered drugs to consumers is not required
to establish a collection system for discarded covered drugs.
B.Â
Each system established by a retailer or provider for the collection
and disposal of discarded consumer-generated covered drugs shall include,
at a minimum, the following elements:
(1)Â
Each retailer or provider shall provide one of the following:
(a)Â
On-site collection system: receptacles for the collection of
discarded consumer-generated covered drugs within the retailer or
provider establishment. The receptacle shall meet applicable state
and federal standards for safe disposal of drugs. The retailer or
provider shall provide for the management and disposal of all discarded
consumer-generated covered drugs that are collected at the retailer
or provider establishment in a safe manner consistent with all state
and federal laws and regulations; or
(b)Â
Mail-back collection system: prepaid mail-back envelopes in
sufficient capacity for safe disposal of discarded covered drugs,
as required by a consumer.
(2)Â
Signage prominently displayed within five feet of every public
entrance to the retailer or provider establishment and easily visible
to the consumer, indicating that the retailer or provider establishment
collects consumer-generated covered drugs from consumers.
C.Â
All costs of participation by retailers and providers shall be paid
or reimbursed by the producer, group of producers, or stewardship
organization as part of its program as provided in this article. Retailers
and providers shall not be expected to incur any costs for participation.
The Department of Consumer Protection and the Department of
Health shall provide on its website a list of all producers participating
in product stewardship programs approved by the Department and a list
of all producers the Department has identified as noncompliant with
this article or any regulations adopted pursuant to this article.
A.Â
The Director of the Department of Consumer Protection may, after
a noticed public hearing, adopt such rules and regulations as necessary
to implement, administer, and enforce this article.
B.Â
As soon as practicable, the Department shall submit to the Legislature
a proposed schedule of fees to be charged to producers to cover Rockland
County's costs of administering and enforcing this article.
A.Â
The Department shall administer the penalty provisions of this article.
B.Â
The Department may issue an administrative citation to a producer,
plan operator or product stewardship organization for violation of
this article or any regulation adopted pursuant to this article. The
Department shall first send a written warning to the producer, plan
operator or product stewardship organization as well as a copy of
this article and any regulations adopted pursuant to this article.
The producer, plan operator or product stewardship organization shall
have 30 days after receipt of the warning to comply and correct any
violations.
C.Â
If the producer, plan operator or product stewardship organization
fails to comply and correct any violations, the Department may impose
administrative fines for violations of this article or of any regulations
adopted pursuant to this article. Each day shall constitute a separate
violation for these purposes.
D.Â
Any person in violation of this article or any regulation adopted
pursuant to this article shall be liable to the County of Rockland
for a civil penalty in an amount not to exceed $1,000 per day per
violation. Each day in which the violation continues shall constitute
a separate and distinct violation.
E.Â
In determining the appropriate penalties, the Department shall consider
the extent of harm caused by the violation, the nature and persistence
of the violation, the frequency of past violations, any action taken
to mitigate the violation, and the financial burden to the violator.
F.Â
Any producer, plan operator or product stewardship organization receiving
an administrative citation under this article or any regulation adopted
pursuant to this article may appeal it within 21 calendar days from
the date the administrative citation was issued. The administrative
citation is deemed issued on the day it is sent by first class mail
or personal service. The administrative citation shall state the date
of issuance. If the deadline falls on a weekend or County holiday,
then the deadline shall be extended until the next regular business
day. The request to appeal must:
(1)Â
Be in writing;
(2)Â
Be accompanied by a deposit of the total fine and any fees noted
on the administrative citation;
(3)Â
Specify the basis for the appeal in detail;
(4)Â
Be postmarked within 21 days from the date the administrative
citation was issued; and
(5)Â
Be sent to the address as set forth on the administrative citation.
G.Â
The written request to appeal will be reviewed and, if found to be
complete, a date, time and place shall be set for a hearing before
a hearing officer designated by the Director of the Department. Written
notice of the time and place for the hearing will be served by first
class mail or personal service at least 21 days prior to the date
of the hearing to the producer, plan operator or product stewardship
organization appealing the citation. Service by first class mail,
postage prepaid, shall be effective on the date of mailing.
H.Â
Failure of any producer, plan operator or product stewardship organization
to file an appeal in accordance with the provisions of this section
shall constitute waiver of that producer's, plan operator's
or product stewardship organization's rights to administrative
determination of the merits of the administrative citation and the
amount of the fine and any fees and shall constitute a failure by
that producer to exhaust administrative remedies.
I.Â
The producer, plan operator or product stewardship organization requesting
the appeal may request the Director of the Department to recuse a
hearing officer for reasons of actual prejudice against the party's
cause. The hearing officer shall conduct an orderly, fair hearing
and accept evidence as follows:
(1)Â
A valid administrative citation shall be prima facie evidence
of the violation.
(2)Â
Testimony shall be by declaration under penalty of perjury,
except to the extent the hearing officer permits or requires live
testimony concerning the violation.
(3)Â
The hearing officer may reduce, waive or conditionally reduce
the fines and any fees stated in the administrative citation. The
hearing officer may impose deadlines or a schedule for payment of
the fine and any fees due in excess of the deposit.
(4)Â
The hearing officer shall make findings based on the record
of the hearing and make a written decision based on the findings ("hearing
officer decision"). The hearing officer decision shall be served by
first class mail on the producer appealing and the Department. The
hearing officer decision affirming or dismissing the administrative
citation is final.
J.Â
The Department may establish appropriate administrative rules for
implementing this article, conducting hearings, and rendering decisions
pursuant to this section.
K.Â
Upon the failure of any producer to comply with any requirement of
this article and any rule or regulation adopted pursuant to this article,
the County Attorney of Rockland County may petition any court having
jurisdiction for injunctive relief, payment of civil penalties and
any other appropriate remedy, including restraining such person or
entity from continuing any prohibited activity and compelling compliance
with lawful requirements. However, this subsection does not permit
the County of Rockland or any court of competent jurisdiction to restrain
the sale of any covered drug in Rockland County.
A.Â
Disclaimer. In adopting and implementing this article, the County
of Rockland is assuming an undertaking only to promote the general
welfare. Rockland County is not assuming or imposing on its officers
and employees an obligation by which they could be liable in money
damages to any person or entity that claims that a breach proximately
caused injury.
B.Â
Conflict with state or federal law. This article shall be construed
so as not to conflict with applicable federal or state laws, rules
or regulations. Nothing in this article shall authorize any Rockland
County agency or Department to impose any duties or obligations in
conflict with limitations on municipal authority established by state
or federal law at the time such agency or Department action is taken.
Rockland County shall suspend enforcement of this article to the extent
that said enforcement would conflict with any preemptive state or
federal legislation subsequently adopted.
C.Â
Severability. If any of the provisions of this article or the application
thereof to any person or circumstance is held invalid, the remainder
of those provisions, including the application of such part or provisions
to persons or circumstances other than those to which it is held invalid,
shall not be affected thereby and shall continue in full force and
effect. To this end, the provisions of this article are severable.
D.Â
Nothing in this article, or the program of stewardship in which manufacturers
of pharmaceutical products who sell drugs in Rockland County are required
to participate, is intended to protect anticompetitive or collusive
conduct, nor shall this article be construed to modify, impair, or
supersede the operation of any of the antitrust laws or unfair competition
laws of the State of New York or of the United States.
E.Â
This article shall be construed in accordance with New York State
law, including but not limited to New York Public Health Law Article
13, Title XIII (Storage, Treatment and Disposal of Regulated Medical
Waste) and New York Environmental Conservation Law Article 27, Title
15 (Storage, Treatment, Disposal and Transportation of Regulated Medical
Waste), and shall not be construed in a way that would result in conflict
with, or preemption by, any such state law.
This article shall take effect within 30 days from filing in
the Office of the Secretary of State.
