STATE OF NEW YORK ________________________________________________________________________ 7010 2023-2024 Regular Sessions IN ASSEMBLY May 10, 2023 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to requiring red cap tops with a printed warning for opioid medications The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (b) and (c) of subdi- 2 vision 4 of section 3331 of the public health law, as added by chapter 3 415 of the laws of 1981, are amended to read as follows: 4 No such substance [may] shall be dispensed unless it is enclosed with- 5 in a suitable and durable container, and: 6 (b) Such container shall be identified as a controlled substance by 7 [either]: 8 (i) an orange label; 9 (ii) a label of another color over which is superimposed an orange 10 transparent adhesive tape; or 11 (iii) an auxiliary orange label affixed to the front of such container 12 and bearing the legend, prominently marked or printed "Controlled 13 Substance, Dangerous Unless Used As Directed"; 14 (c) Such container shall be sealed with a red cap top with the printed 15 words: "Caution: OPIOID. Risk of overdose and addiction", or such simi- 16 lar wording as developed and approved by the department. If red cap tops 17 are not readily available due to production delays, such requirement may 18 be satisfied by placing red stickers on top of existing caps, provided 19 that such red stickers cover most, if not all, of such cap tops; and 20 (d) Any label, transparency, or auxiliary label shall be applied in a 21 manner which would inhibit its removal. 22 § 2. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10594-03-3