§ 3343-b. Safe disposal of unused controlled substances. 1. The\ndepartment shall oversee a program for the safe disposal of unused\ncontrolled substances by consumers in accordance with federal law and\narticle two-B of this chapter. Individual members of the public shall be\nauthorized to voluntarily surrender controlled substances listed on\nschedule II, III, IV or V of section thirty-three hundred six of this\narticle in a secure manner, without identifying themselves. Safe\ndisposal methods shall be publicized consistent with the prescription\npain medication awareness program established pursuant to section\nthirty-three hundred nine-a of this article and article two-B of this\nchapter.\n 2. The surrender of a controlled substance pursuant to this section\nand article two-B of this chapter shall not constitute the possession,\ntransfer or sale of such controlled substance for purposes of this\narticle or the penal law.\n 3. Except as provided in article two-B of this chapter, disposal sites\nshall be operated by law enforcement agencies, pharmacies and other\nFederal Drug Enforcement Administration authorized collectors on a\nvoluntary basis, provided, however, that such disposal sites shall not\nbe precluded from operating as part of a drug take back program\nestablished pursuant to article two-B of this chapter. Nothing in this\nsection shall require any political subdivision of the state to\nparticipate in the program established in this section.\n
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