Written Testimony of
William C. Rennie, Vice President
Retailers Association of Massachusetts

Before the Joint Committee on Public Health
October 6, 2009

Re: H.2141, An Act Providing for Sharps Collection Centers on the Premises of Licensed Pharmacies and Drug Stores

The Retailers Association of Massachusetts (RAM), established in 1918, is a statewide trade association of over 3,100 member companies.  Our membership ranges from independent, “mom and pop” owned stores to larger, national chains operating in the general retail, restaurant and service sectors of the retail industry, and includes many chain pharmacy and independent pharmacy members.  The industry’s contributions to the Commonwealth include over $112 billion in annual sales; over $5.7 billion in annual sales and use taxes collected; 17% of all Massachusetts jobs; and operations in over 38,000 locations across the state.
 
On behalf of the members of RAM, I urge you to oppose H.2141, An Act Providing for Sharps Collection Centers on the Premises of Licensed Pharmacies and Drug Stores.  Hazardous, medical waste is and should be stringently regulated.  As retail outlets are not in the waste disposal business, we sincerely believe that retail stores are not suited to perform this type of operation and therefore should not be responsible for the collection and disposal of medical sharps, needles and lancets. 

In general, we oppose any efforts to mandate in store collection at retail of products at end of life.  “One size fits all,” mandatory approaches toward in store collection do not work, as retailers come in all shapes and sizes, including retail pharmacies.  Retailers remain committed to working with government, manufacturers and all interested parties on further promotion and education efforts toward consumers on the benefits of proper recycling and disposal of all products. 

Legislative proposals mandating in store take back of certain products have been filed and are currently pending here in the Commonwealth with regard to thermostats, batteries, tires, paint, mercury added lamps or compact fluorescent bulbs, paint thinner, and the proposal before you today regarding sharps.  Clearly the retail store or retail pharmacy is not the appropriate collection venue for some or all 
of these products, depending upon what a particular retailer sells.  Of all of the products listed above, medical sharps are likely near the top of the list in terms of overall hazard - hazard to the retail employee and to the other customers in the store. 

Pharmacies come in all shapes and sizes.  Many are located in malls next to other retailers, including restaurants and food stores, or many also offer food for sale.  Within a mall, the customer bringing sharps back to the store may have to travel a good distance to even reach the pharmacy, posing a risk to all others in the mall should the sharps be improperly stored or carried or dropped.  Pharmacies themselves always tend to be at the back of any store, away from the doors due to theft issues, meaning a customer returning sharps may have to travel through the whole store, possibly through the food section to get to the pharmacy.  The risk for customers and employees is great in these situations, even if the sharps are being properly transported.  The potential legal exposure and liability to the retail pharmacy is simply too great.  Space is also an issue that cannot be overlooked.  Smaller, independent pharmacies would be put at a further competitive disadvantage given their size.  Most pharmacies would lack the additional space needed to house a collection center for sharps, and would lose valuable floor selling space or behind the counter pharmacy space.  The potential exposure to additional regulatory requirements, the added costs and resources needed to comply with likely record keeping and reporting requirements alone would impose a significant financial burden as well. 

When the law passed in 2006 legalizing the sale and possession of hypodermic syringes and needles, the state Department of Public Health (DPH) was charged with coordinating an effort statewide to collect medical sharps, designating and setting up collection points.  Currently, that effort is underway, and one can see information regarding these sites and proper disposal on the state’s website, where a listing of sharps disposal sites across the Commonwealth and a fact sheet on the proper use and disposal of needles and syringes may be found.  This method of disposal is ideal in that the residents of the Commonwealth are confident that the waste is disposed of properly and by those who are trained to handle it.

The retail employee is not trained to handle medical waste.  The retail store or pharmacy is not equipped to handle medical waste.  And lastly, medical waste improperly transported or handled in the store poses a significant threat to the other customers.

For the many reasons stated above, on behalf of RAM, I respectfully urge you to oppose this legislation and I thank you for the opportunity to comment.  Please do not hesitate to contact me if I can be of any assistance to you in your deliberations.