An Act To Encourage the Proper Disposal of Expired Pharmaceuticals
Maine Legislature, Session 121, LD 1826
Committee: Health and Human Services
Sponsors: BROMLEY, LEMOINE, BRENNAN, DAMON, MAYO, TREAT, TURNER, COLWELL, KOFFMAN, PERRY

12lst MAINE LEGISLATURE 
Legislative Document 
S.P.671 
An Act To Encourage the Proper Disposal of Expired 
Pharmaceuticals 
(EMERGENCY) 
No. 1826 
In Senate, January 8, 2004 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative LEMOINE of Old Orchard Beach and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, DAMON of Hancock, MAYO of Sagadahoc, TREAT of 
Kennebec, TURNER of Cumberland, Representatives: Speaker COLWELL of Gardiner, 
KOFFMAN of Bar Harbor, PERRY of Calais. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, there is no procedure in place for the safe and 
effective disposal of unused or expired pharmaceuticals; and 
Whereas, these 
unused 
or 
expired medications 
often are 
toxic; and 
Whereas, these medications frequently end up in the illegal 
drug market, threatening the health and lives of Maine citizens; 
and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA c. 604 is enacted to read: 
CHAPTER 604 
DISPOSAL OF PHARMACEUTICALS 
§2700. 
Unused Pharmaceutical Disposal Program 
1. 
Establishment: pu~se. There is established the Unused 
Pharmaceutical Disposal Program, referred to in this chapter as 
"the program." 
The purpose of the program is to ensure the safe, 
effective and proper disposal of unused or expired prescription 
drugs. 
2. 
Administration. 
The 
program is administered by 
the 
Maine Drug Enforcement Agency, referred to in this chapter as 
"the agency," established in Title 25, section 2955. 
3. 
Return of pharmaceuticals. 
The agency shall create a 
system for the return of unused or expired pharmaceuticals. 
The 
system must involve the use of prepaid mailing envelopes into 
which 
the 
unused 
or 
expired pharmaceuticals 
are 
placed 
and 
returned to a single collection location. 
The prepaid mailers 
must 
be 
made 
available to 
the public at various 
locations, 
including, but not limited to, pharmacies, physicians' offices 
and post offices. 
Page l-LR2440(1) 
4. 
Disposal of pharmaceuticals. 
The agency shall ensure 
that 
only 
agency 
officers 
handle 
the 
unused 
or 
expired 
pharmaceuticals received pursuant to subsection 3. 
The unused or 
expired pharmaceuticals must be disposed of by the agency in a 
manner 
that 
is 
designed 
to 
be 
effective, 
secure 
and 
environmentally safe. 
5. 
Unused Pharmaceutical Disposal Program Fund; 
funding. 
The Unused Pharmaceutical Disposal Program Fund, referred to in 
this chapter as "the fund," is established within the agency to 
be used by the director of the agency to fund or assist in 
funding the program. 
Any balance in the fund does not lapse but 
is carried forward to be expended for the 
Same 
purposes in 
succeeding fiscal years. 
The fund must be deposited with and 
maintained and administered by the agency. 
The agency may accept 
funds into the fund from any source, public or private, including 
grants or contributions of money or other things of value, that 
it determines 
necessary 
to 
carry out 
the 
purposes 
of this 
chapter. 
Money received by the agency to establish and maintain 
the program must be used for the expenses of administering this 
chapter. 
6. 
Rulemaking. 
The 
agency 
shall 
by 
routine 
technical 
rulemaking, pursuant to Title 5, 
chapter 375, subchapter 2-A, 
adopt rules to carry out the purposes of this chapter. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This 
bill 
creates 
the 
Unused 
Pharmaceutical 
Disposal 
Program, administered by the Maine Drug Enforcement Agency, to 
provide for the safe, effective and proper disposal of unused or 
expired prescription drugs. 
The program involves the use of 
prepaid mailers to be made available and used by the public to 
mail unused or expired prescription drugs to a single collection 
location. 
The drugs 
received may be handled only by agency 
officers and must be disposed of in a manner that ensures the 
safety of the public and the environment. 
The director of the 
Maine Drug Enforcement Agency is authorized to accept funding 
from public and private sources to carry out the purposes of the 
program.