[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 142 Engrossed in Senate (ES)]

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114th CONGRESS
  1st Session
                                 S. 142

_______________________________________________________________________

                                 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.

            Passed the Senate December 10, 2015.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                                 S. 142

_______________________________________________________________________

                                 AN ACT

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