[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 142 Enrolled Bill (ENR)]

        S.142

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
  To require special packaging for liquid nicotine containers, and for 
                             other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Child Nicotine Poisoning Prevention 
Act of 2015''.
SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.
    (a) Requirement.--Notwithstanding section 2(f)(2) of the Federal 
Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of 
the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), any nicotine 
provided in a liquid nicotine container sold, offered for sale, 
manufactured for sale, distributed in commerce, or imported into the 
United States shall be packaged in accordance with the standards 
provided in section 1700.15 of title 16, Code of Federal Regulations, 
as determined through testing in accordance with the method described 
in section 1700.20 of title 16, Code of Federal Regulations, and any 
subsequent changes to such sections adopted by the Commission.
    (b) Savings Clause.--
        (1) In general.--Nothing in this Act shall be construed to 
    limit or otherwise affect the authority of the Secretary of Health 
    and Human Services to regulate, issue guidance, or take action 
    regarding the manufacture, marketing, sale, distribution, 
    importation, or packaging, including child-resistant packaging, of 
    nicotine, liquid nicotine, liquid nicotine containers, electronic 
    cigarettes, electronic nicotine delivery systems or other similar 
    products that contain or dispense liquid nicotine, or any other 
    nicotine-related products, including--
            (A) authority under the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention 
        and Tobacco Control Act (Public Law 111-31) and the amendments 
        made by such Act; and
            (B) authority for the rulemaking entitled ``Deeming Tobacco 
        Products to Be Subject to the Federal Food, Drug, and Cosmetic 
        Act, as Amended by the Family Smoking Prevention and Tobacco 
        Control Act; regulations on the Sale and Distribution of 
        Tobacco Products and the Required Warning Statements for 
        Tobacco Products'' (April 2014) (FDA-2014-N-0189), the 
        rulemaking entitled ``Nicotine Exposure Warnings and Child-
        Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-
        Liquid(s), and Other Tobacco Products'' (June 2015) (FDA-2015-
        N-1514), and subsequent actions by the Secretary regarding 
        packaging of liquid nicotine containers.
        (2) Consultation.--If the Secretary of Health and Human 
    Services adopts, maintains, enforces, or imposes or continues in 
    effect any packaging requirement for liquid nicotine containers, 
    including a child-resistant packaging requirement, the Secretary 
    shall consult with the Commission, taking into consideration the 
    expertise of the Commission in implementing and enforcing this Act 
    and the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et 
    seq.).
    (c) Applicability.--Notwithstanding section 3(a)(5) of the Consumer 
Product Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the 
Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), the 
requirement of subsection (a) shall be treated as a standard for the 
special packaging of a household substance established under section 
3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 
1472(a)).
    (d) Definitions.--In this section:
        (1) Commission.--The term ``Commission'' means the Consumer 
    Product Safety Commission.
        (2) Liquid nicotine container.--
            (A) In general.--Notwithstanding section 2(f)(2) of the 
        Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and 
        section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)(5)), the term ``liquid nicotine container'' means a 
        package (as defined in section 2 of the Poison Prevention 
        Packaging Act of 1970 (15 U.S.C. 1471))--
                (i) from which nicotine in a solution or other form is 
            accessible through normal and foreseeable use by a 
            consumer; and
                (ii) that is used to hold soluble nicotine in any 
            concentration.
            (B) Exclusion.--The term ``liquid nicotine container'' does 
        not include a sealed, pre-filled, and disposable container of 
        nicotine in a solution or other form in which such container is 
        inserted directly into an electronic cigarette, electronic 
        nicotine delivery system, or other similar product, if the 
        nicotine in the container is inaccessible through customary or 
        reasonably foreseeable handling or use, including reasonably 
        foreseeable ingestion or other contact by children.
        (3) Nicotine.--The term ``nicotine'' means any form of the 
    chemical nicotine, including any salt or complex, regardless of 
    whether the chemical is naturally or synthetically derived.
SEC. 3. EFFECTIVE DATE.
    This Act shall take effect on the date that is 180 days after the 
date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.