SENATE, No. 1607

STATE OF NEW JERSEY

INTRODUCED OCTOBER 24, 1996

By Senator McGREEVEY

An Act concerning the disposal of syringes and supplementing Title 26 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. For purposes of this act:

    "Retailer" means any person who engages in the sale of syringes to any consumer at retail within the State.

    "Home self-care" means the provision of medical care in the home setting through either self-administration practices or by a family member or other person who does not receive monetary compensation for their services.

    2. Any individual who purchases syringes for home self-care shall be required to provide a deposit of $.10 per syringe upon purchase at the point of retail sale and shall be entitled to a refund of such deposit upon return of the used syringes. However, an individual who provides documentation showing that he is currently participating in a hospital syringe disposal program to dispose of his used syringes shall not be required to pay such a deposit upon purchase. An individual shall also be entitled to bring used syringes to any retailer and receive $.10 per syringe returned.

    3. All retailers shall be required to either enter into an agreement with a hospital or other health care facility, which is registered with the State as a regulated medical waste generator pursuant to the "Comprehensive Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et seq.), or to enter into a contract with a medical waste transporter, who has fulfilled State requirements and registered with the State as a regulated medical waste transporter pursuant to the "Comprehensive Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et seq.), to provide for disposal of syringes returned to their place of business.

    4. A retailer may apply to the Department of Health and Senior Services for reimbursement of losses incurred from providing payment for syringes returned to their place of business in excess of the deposits accepted on syringes sold. Such reimbursement shall not include reimbursement for disposal costs or any other costs incurred by a retailer.

    5. The Department of Health and Senior Services shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement this act.

    6. This act shall take effect on the 120th day after enactment.

STATEMENT

    The improper disposal of syringes presents a potential threat to the health of families, sanitation workers, recyclers, the environment, and the public health in general. Although the State has a comprehensive system to manage regulated medical waste, this system does not address improper disposal of syringes by home self-care individuals or drug users; yet, previous studies have suggested that these populations significantly contribute to the medical wastes that appear as floatables in the ocean and on the State's beaches. This bill seeks to provide a means and an incentive for these populations to properly dispose of their used syringes.

    The bill would require individuals purchasing syringes for home self-care to provide a refundable deposit upon purchase, unless an individual is currently returning his syringes to a hospital for proper disposal. The bill also allows any individual to bring used syringes to a retailer and receive money for the syringes returned. Such retailers would be required to enter into a contract with a health care facility or a transporter of medical waste registered with the State to provide for proper disposal of syringes returned to their place of business. Retailers would also have the ability to apply to the Department of Health and Senior Services for reimbursement of losses incurred from paying such refunds.

Provides system for proper disposal of syringes.