I 
111TH CONGRESS 
1ST SESSION H. R. 1191 
To amend the Controlled Substances Act to provide for disposal of controlled 
substances by ultimate users and care takers through State take-back 
disposal programs, to amend the Federal Food, Drug, and Cosmetic 
Act to prohibit recommendations on drug labels for disposal by flushing, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2009 
Mr. INSLEE
(for himself, Mr. MORAN
of Virginia, Mr. DICKS, Mr. 
BLUMENAUER, and Mr. GENE GREEN of Texas) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to provide for dis-
posal of controlled substances by ultimate users and care 
takers through State take-back disposal programs, to 
amend the Federal Food, Drug, and Cosmetic Act to 
prohibit recommendations on drug labels for disposal 
by flushing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Drug Disposal 
Act of 2009’’. 
SEC. 2. STATE TAKE-BACK DISPOSAL PROGRAMS. 
(a) IN GENERAL.—Part C of the Controlled Sub-
stances Act (21 U.S.C. 821 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 312. STATE TAKE-BACK DISPOSAL PROGRAMS. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this section, the Attorney General 
shall promulgate regulations to authorize an ultimate user 
or care taker to dispose of a controlled substance in ac-
cordance with a State program described in subsection (b). 
‘‘(b) STATE PROGRAMS.— 
‘‘(1) MODELS; INDIVIDUALIZED
PROGRAMS.— 
The regulations under subsection (a) shall— 
‘‘(A) include 5 model State programs 
under which an ultimate user or care taker may 
dispose of an unused or partially used con-
trolled substance through delivery to a des-
ignated facility; and 
‘‘(B) allow a State to work with the Attor-
ney General to devise an alternative program 
for such disposal that— 
‘‘(i) best suits the State; and 
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‘‘(ii) as determined by the Attorney 
General, is consistent with this section. 
‘‘(2) REQUIREMENTS.—Each program under 
paragraph (1) shall— 
‘‘(A) require a State to enact legislation as 
a prerequisite to adopting and implementing 
such program; 
‘‘(B) protect the public safety; 
‘‘(C) allow ultimate users and care takers 
to dispose of controlled substances through per-
sons other than law enforcement personnel; 
‘‘(D) incorporate environmentally sound 
practices for disposing of controlled substances 
(by means other than flushing down a public or 
private wastewater treatment system or dis-
posing in a municipal solid waste landfill); 
‘‘(E) be cost effective for the State; 
‘‘(F) include convenient take-back options 
for urban and rural locations; and 
‘‘(G) not restrict the funding which a State 
may use to implement the program. 
‘‘(3) OTHER DRUGS AND BIOLOGICS.—A pro-
gram under paragraph (1) may, at the State’s op-
tion, apply to a drug or biological product other than 
a controlled substance to the same extent and in the 
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same manner as such program applies to a con-
trolled substance. For purposes of this paragraph, 
the terms ‘drug’ and ‘biological product’ have the 
meanings given to those terms in section 201 of the 
Federal Food, Drug, and Cosmetic Act and section 
351 of the Public Health Service Act, respectively. 
‘‘(c) DEFINITION.—In this section, the term ‘care 
taker’— 
‘‘(1) means a person responsible for taking care 
of one or more individuals or animals, including 
through provision of controlled substances; and 
‘‘(2) may include a physician or other health 
care professional, a veterinarian, a long-term care 
facility, a nursing home, a hospital, a jail, or a 
school.’’. 
(b) GAO REPORT.—The Comptroller General of the 
United States shall— 
(1) collect data on the State take-back disposal 
programs implemented pursuant to section 312 of 
the Controlled Substances Act, as added by sub-
section (a); and 
(2) not less than every 4 years, submit findings 
and recommendations to the Congress regarding 
such programs. 
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