* § 3323. Opioid stewardship fund. 1. Definitions:\n (a) "Opioid stewardship payment" shall mean the total amount to be\npaid into the opioid stewardship fund for each state fiscal year as set\nforth in subdivision two of this section.\n (b) "Ratable share" shall mean the individual portion of the opioid\nstewardship payment to be paid by each manufacturer and distributor\nlicensed under this article that sells or distributes opioids in the\nstate of New York.\n (c) Notwithstanding any inconsistent provision of law to the contrary,\n"distribute" shall mean to deliver a controlled substance other than by\nadministering or dispensing to the ultimate user, including\nintra-company transfers between any division, affiliate, subsidiary,\nparent or other entity under complete common ownership and control. For\npurposes of this section, "distribute" shall not include controlled\nsubstances surrendered to reverse distributors, or donated to recipient\nentities or third-party intermediaries pursuant to the unused\nprescription drug donation and redispensing program of section two\nhundred eighty-b of this chapter.\n 2. Opioid stewardship payment imposed on manufacturers and\ndistributors. All manufacturers and distributors licensed under this\narticle (hereinafter referred to as "licensees"), that sell or\ndistribute opioids in the state of New York shall be required to pay an\nopioid stewardship payment. On an annual basis, the commissioner shall\ncertify to the state comptroller the amount of all revenues collected\nfrom opioid stewardship payments and any penalties imposed. The amount\nof revenues so certified shall be deposited quarterly into the opioid\nstewardship fund established pursuant to section ninety-seven-aaaaa of\nthe state finance law. No licensee shall pass the cost of their ratable\nshare amount to a purchaser, including the ultimate user of the opioid,\nor such licensee shall be subject to penalties pursuant to subdivision\nten of this section.\n 3. Determination of opioid stewardship payment. The total opioid\nstewardship payment amount shall be one hundred million dollars\nannually, subject to downward adjustments pursuant to subdivision nine\nof this section.\n 4. Reports and records. Each manufacturer and distributor licensed\nunder this article that sells or distributes opioids in the state of New\nYork shall provide to the commissioner a report detailing all opioids\nsold or distributed by such manufacturer or distributor in the state of\nNew York. Such report shall include:\n (a) the manufacturer's or distributor's name, address, phone number,\nfederal Drug Enforcement Agency (DEA) registration number and controlled\nsubstance license number issued by the department;\n (b) the name, address and DEA registration number of the entity to\nwhom the opioid was sold or distributed;\n (c) the date of the sale or distribution of the opioid;\n (d) the gross receipt total, in dollars, of all opioids sold or\ndistributed;\n (e) the name and National Drug Code (NDC) of the opioid sold or\ndistributed;\n (f) the number of containers and the strength and metric quantity of\ncontrolled substance in each container of the opioid sold or\ndistributed;\n (g) the total number of morphine milligram equivalents (MMEs) sold or\ndistributed; and\n (h) any other elements as deemed necessary by the commissioner.\n 4-a. Initial and future reports. (a) Such information shall be\nreported annually to the department in such form as defined by the\ncommissioner, provided however that the initial report provided pursuant\nto subdivision four shall consist of all opioids sold or distributed in\nthe state of New York for the two thousand seventeen calendar year, and\nmust be submitted by August 1, 2018. Subsequent annual reports shall be\nsubmitted on April first of each year based on the actual opioid sales\nand distributions of the prior calendar year.\n (b) For the purpose of such annual reporting, MMEs shall be determined\
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