for the disposal. it is still probably a good idea to not have them in a landfill. supervisor mirkarimi: you have been with the company for how long? >> 33 years. supervisor mirkarimi: has anyone from the pharmaceutical industry contacted you to say they wanted to help with the diversion? >> not to my knowledge. supervisor mirkarimi: thank you. next speaker, please. >> my name is gail [unintelligible] ,ceo of [unintelligible] bio, a nonprofit organization representing a live science companies in california. we support a clean environment and applaud the concern that is shown to keeping our waterways safe. but we oppose the sf board since on drug disposal.

we believe that we need to address it at the national level. that needs to be a shared system and a coordinated effort. as you may know, the federal government already has a program initiated in product stewardship. the smart disposal program is a joint effort of the u.s. fish and wildlife services, the american pharmacists' association, and the pharmaceutical manufacturers association. together, public and private enterprises are working to have a coordinated effort at keeping api's out of the system and we think that san francisco should support this effort. an uncoordinated effort could do more harm than good in undermining the federal efforts already underway. bye-bye to dissuade a couple of issues that my colleague has already mentioned.

first, the waterways are shared. as a patchwork of ordinances' amongst city governments, it will not effectively address the problem. multiple european studies have found that mandatory take back programs are not effective. studies have shown that over 90% of the drugs that get into landfill and waterways are because of excretion from patient use, not take back programs. we would urge the city of san francisco to reject the city program and, in its stead, support the smart disposal federal program already under way, and to also support the american medical chest challenge day coming next month. thank you. supervisor mirkarimi: next speaker, please. thank you. >> my name is [unintelligible] and i am a volunteer with the

department of the environment. i support the safe drug disposal ordinance. almost everyone has old medication that they do not know to -- what to do with. personally i have tried to take them back to my school clinic, what marines, they will not take them. many people still follow the old advice of flesh of -- flushing them down the toilet. this is at least in part because of synthetic estrogen winding up in the environment where does not belong. we need a way to make sure that this place and does not wind up in the environment. thank you supervisor mirkarimi: thank you. -- thank you. supervisor mirkarimi: thank you. mac's speaker, please. >> my name is susan, recent graduate of the san francisco bay presidio graduate school in

sustainable management. i have been actively studying and working in this area for several months now. last week i attended the international symposium on safe medicine disposal in portland, maine, where a couple of hundred people from around the country who are grappling with these problems got together to compare notes, sharing experience and knowledge. the magnitude of the problems are becoming recognized, because magnitude is staggering. of the $225 billion in prescription medicine prescribed annually, estimates are as high as 40%. which represents 200 million pounds of and use of medication reaching the landfills and waterways. as stated, waste treatment plants are not equipped to properly filled to the use of these medicines.

there is an impact on wildlife and human health. there are a lot of studies coming out, which is why everyone is more concerned about this. in 2002 there was a study that showed of 139,000 screens, 80% had measurable concentrations of prescription and non- prescription medicine. the environment is one problem. the other one is illicit drug use. something that was really highlighted in the conference last week, where law enforcement agencies reported that 55% of illicit drug use today came from family and friends medicine cabinets. it is a growing problem. with today's take back program at san francisco has been running for a while, i think that this ordinance, where the

states -- supervisor chiu: thank you very much. next speaker. >> good afternoon, supervisors. we approve of an alternative way, i think that one thing that was raised earlier is -- what has the industry done? one month ago walgreen's started a voluntary program, the as a first national chain. you cannot really send them

through the mail. which is a problem in itself, trying to regulate something that the federal laws will not allow us to do. they have sent a message through the legislation to craft legislation and states to move towards the support of programs. let's allow these processes to take place. why would we want to be out front in this process? it is not like the federal government is dragging its feet by there. let's be part of a broader conversation. this legislation was introduced in april.

we appreciate the offices of the supervisor and we have done amendments that might capture retailers like walgreen's or someone and it would postpone this conversation. supervisor mirkarimi: thank you. >> not exactly on this topic, if i have your permission, i will speak. supervisor chiu: you need to

speak directly to the topic at the time. if this is related. ok, great. next speaker, please. as a representative of the sentence cisco -- san francisco, i am concerned about watershed pollution. this ordinance, what i really need to understand is the empirical data. from what i've heard from the department of the environment, the collection done by the department has been very minimal. recently you heard that the united states drug agency has

thousands of pounds of drugs in a day, with several other federal agencies that are involved in the collection of medicines because of suicides. as has been stated, this is a cause for us to look at this situation in different ways. what we will start doing is informally informing doctors and hospitals, pharmacies, of the source of their medications that are given to be very cautious. plus not just giving a lot of medications. many doctors prescribe medications. sometimes would cause. sometimes without cause.

so, it is good for this city of san francisco to set up a resolution to encourage doctors and other sources to not give out a lot of medications unnecessarily. now, one of the issues that has not been discussed here is animal waste. we have hundreds of thousands of dogs and cats, with waist that winds up in the landfill, in the watershed and the day. we need empirical data and the department of the environment should be one of the leading agencies to collect and give this to us. thank you. supervisor chiu: are there any other members of the public that wish to speak to this item? seeing no one at this time,

public comment is close. colleagues? supervisor mirkarimi: thank you. i appreciate the robust discussion around this. before i forget, i have a number of amendments that have been circulated. i do not know if you want me to go into detail? >> i think that that would be helpful. many of these have been raised based on the initial proposal. supervisor mirkarimi: this ordinance was introduced in april, it was never tabled. it was in the legislation since the time of its introduction. we have taken into consideration a number of concerns that strengthen the ordinance from a retail, manufacturer perspective, making sure that this is lined up effectively. the first amendment, removing the prohibition of selling of drugs in the city if the

manufacturer was not in compliance with drug disposal programs. line 2323. removing from the ordinance the confusion, meaning only manufacturers and importers covered in the ordinance. however, if we find that this is not sufficient in time, reasserting drug wholesalers, illustrated in deletion on the following lines. page four, line 18 to 19, age 11, 19, 12, 5, and the term the elimination of " section. clarifying the definition of producer, manufacturers and importers, page five, line 17.

with page 893 and packaging separated from disposal, clarifying an existing, i would motion that we take those amendments. i very much appreciate the comments from the supervisors that want to strike cautioned with regards to was proceeding. when we brought forward the documents that provided the deliberations in other states in the pharmaceutical industry asking for those states to not

go forward, those arguments are incredibly similar to the arguments we have heard here. those of us waiting for state government to come forward with legislation that uniformly tries to to morton made municipalities throughout california, that would be like waiting for the gedout. it's not going happen. there may be some glimmer of hope, as i had opened in my remarks in the beginning of this deliberation, we were heartened to see the obama administration moving forward and advancing this level of interest. but that level of interest has not been assigned to state and local governments get. this is where the doors open to other levels of government to take up the initiative spirited through the obama administration. there is nothing that says that

any of those laws, federally speaking, the state to local governments are precluded from moving forward. san francisco is no stranger from initiating a law that is then followed by state and federal government. this is not something that we are stranger to. if we are able to investigate what i think would be seen as a pilot program for other municipalities, so be it. if the challenge is to align the municipalities, i see that as a welcome problem. but the absence of any law whatsoever in the state of california should be considered unacceptable. in the discussions with the city attorney during the orchestration of this particular law, there is no unintended consequence with regards to the concerns articulated by the representatives of the manufacturers. lip balm and toothpaste would not be included in this particular law.

there would be a more defined segregation to make sure that that would not be an unintended capture. with regards to take back programs, we hear very differently on mandatory take back programs in canada, as well as europe, completely. the 1998 study that was mentioned about germany, germany is actually one of the leaders in europe right now on the question of recapturing pharmaceuticals from getting into the waste stream. it has been well updated by the parliament of germany that focuses on manufacturer responsibility. the difference is that a lot of the same manufacturers that might come to the united states to debate at the level of the state or even local levels in preventing us from enacting such laws are being reined in in europe and other places for compliance and enforcement. i think that this is the slow

trend that will hopefully come to a head. we are a state government now sees the writing on the wall, having a law that is meaningful and shows efficacy for producer responsibility will alleviate local governments from having to go this direction. let's hope that they do. but it is not on the radar any time soon. i ask that we move forward in san francisco. supervisor chiu: from my perspective, i have been thinking about this for a bit. first, i would like to thank supervisor mirkarimi for accepting the riding of the amendments that he did that were proposed by the industry to make this legislation more effective. i do think that this is an issue that we have all known. the industry, the public has been aware that the lack of places to dispose of medicine

has engendered health and safety issues around the country, including here in san francisco. my understanding is that the city attorney does not opine that that is the case. localities have a constitutional right to address health and safety concerns within our borders. that is what i believe this legislation is doing. i do think, i do believe that the good faith efforts and comments made by the industry and business community that they wish to address this on a voluntary basis. that being said, that has not happened yet. if there are other, smarter ways to do this, now is the time to propose it. i think a number of us are open to hearing that, but it has not happened yet. i appreciate the fact that the obama administration has addressed this general area and

i have received a copy of this from industry representatives earlier today. interestingly, specifically they provide encourage the attorney general to promulgate regulations in this area that specifically states that such regulations may not require any entity to establish or operate a delivery program, which at the end of the day is why it is appropriate for us in san francisco to consider moving forward and proposing a program that hopefully will be efficient and respectful of the needs and issues within the pharmaceutical industry that accomplish the goals that we want to accomplish. i will be supporting this legislation today. that being said, i know that there are still questions and concerns. my office is absolutely willing to meet and hear from various representatives of various stakeholders that need something address.

but of the many amendments that have been adopted today, this goes a long way towards addressing those concerns. if there are any additional discussions? let's call the roll. can we adopted this? let's call a role. >> on the motion to refer this item to the full board? supervisor elsbernd? no. supervisor mirkarimi? aye. supervisor chiu? aye. two ayes, one no. supervisor chiu: with that, madam clerk, is there any more business in front of this board? >> no, supervisor chiu: mr. chairmanchiu thank you -- no, mr. chairman. supervisor chiu: thank you, at this time this meeting is adjourned.

>> ed lee was kind enough to accept my request that he continue as a city administrator in san francisco. his term now officially will be longer than mine, regardless of my win for the lieutenant borders race or not. ed lee is one of the best and brightest in city government. since he took the helm as city administrator, he led our efforts to create the 10-year capital plan. he has led our efforts in organizing and reinvigorating our birds the prepared this recovery plans. he has been a great steward in these times of economic constraints, helping us become more efficient in terms of the governments of this city. he has been on the forefront of our efforts to reduce our vehicle fleet, green our vehicle

fleet. he has proven remarkably adept at working with everyone in city government regardless of their political ideologies, political backgrounds or agendas. he has great support of the community and broad support in the private sector as well. i cannot imagine anyone better, anyone more deserving than ed lee to continue on in this role as city administrator. that is the formal announcement today. >> the most important thing that i know of when i come into this job is to make sure we carry on the promises that we may, at the executive and legislative level. if we cannot do that in a smart way, do so in an efficient way, knowing that we are serving all the communities in san francisco. my job is clearly defined. i have been challenged by this

mayor, with all of the new programs he has introduced to the city. even today, the announcement of this program. we are capable of implementing these programs, not only because fear healthy financially, but it is my job to keep that financial help in this of the city going by getting work done. thank you. this is a fantastic opportunity. this is the greatest city in the world. i personally have my house here, my life is here. that makes it personal for me to do the best job i can. thank you. >> you got it. i will be locked out soon. i am counting on ed. i have been working with him for 15 years, since i have been in local government. there are few people who have earned more respect from so many

people and ed lee. he is the right person. the charter of the city, the city administrator position is an extraordinarily powerful position. if we come across a transition, i think his role will be significantly elevated. if we do not, nonetheless, he will be a big part of the future of the city and in partnership with the next mayor. i say this as the future ex- mayor, as someone who lives in san francisco. i want to see it run and govern respectfully. ed lee is the person to do that.