In some states, the rule will be in effect on August 21st, while others may take until 2022. States are not required to adopt the nicotine related amendments that makes nicotine replacement therapies such as gums and patches nonhazardous, as this is considered less stringent than the current rules. (Note that this does NOT include other types of nicotine products such as e-cigarettes and related cartridges and vials, and prescription nicotine.)
On August 21, the rule will be in effect in states that don't manage their own waste programs or that adopt the federal rules by reference. These jurisdictions are:
- New Jersey
- New Mexico
- Virginia (on August 23rd)
- Puerto Rico and
- all US territories
In North Carolina, the amendment regarding nicotine will be in effect on August 21st while the rest of the rule will need to be adopted, which can take up to a year.
The Retail Compliance Center will be tracking state adoption of this rule. This tracking matrix will include information on publication dates, public hearing dates, comment periods and meeting notices, and variations between state and federal regulations.
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