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

114th CONGRESS
  1st Session
                                 S. 142

To require the Consumer Product Safety Commission to promulgate a rule 
 to require child safety packaging for liquid nicotine containers, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2015

 Mr. Nelson (for himself, Ms. Ayotte, Mr. Bennet, Mr. Blumenthal, Mrs. 
   Boxer, Mr. Brown, Mr. Durbin, Mrs. Gillibrand, Ms. Klobuchar, Mr. 
Markey, Mr. Merkley, Mr. Reed, Mr. Schatz, and Mr. Schumer) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require the Consumer Product Safety Commission to promulgate a rule 
 to require child safety 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. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE CONTAINERS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Liquid nicotine container.--The term ``liquid nicotine 
        container'' means a consumer product, as defined in section 
        3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)(5)) notwithstanding subparagraph (B) of such section, 
        that consists of a container that--
                    (A) has an opening from which nicotine in a 
                solution or other form is accessible and can flow 
                freely through normal and foreseeable use by a 
                consumer; and
                    (B) is used to hold soluble nicotine in any 
                concentration.
            (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.
            (4) Special packaging.--The term ``special packaging'' has 
        the meaning given such term in section 2 of the Poison 
        Prevention Packaging Act of 1970 (15 U.S.C. 1471).
    (b) Required Use of Special Packaging for Liquid Nicotine 
Containers.--
            (1) Rulemaking.--
                    (A) In general.--Notwithstanding section 3(a)(5)(B) 
                of the Consumer Product Safety Act (15 U.S.C. 
                2052(a)(5)(B)) or section 2(f)(2) of the Federal 
                Hazardous Substances Act (15 U.S.C. 1261(f)(2)), not 
                later than 1 year after the date of the enactment of 
                this Act, the Commission shall promulgate a rule 
                requiring special packaging for liquid nicotine 
                containers.
                    (B) Amendments.--The Commission may promulgate such 
                amendments to the rule promulgated under subparagraph 
                (A) as the Commission considers appropriate.
            (2) Expedited process.--The Commission shall promulgate the 
        rules under paragraph (1) in accordance with section 553 of 
        title 5, United States Code.
            (3) Inapplicability of certain rulemaking requirements.--
        The following provisions shall not apply to a rulemaking under 
        paragraph (1):
                    (A) Sections 7 and 9 of the Consumer Product Safety 
                Act (15 U.S.C. 2056 and 2058).
                    (B) Section 3 of the Federal Hazardous Substances 
                Act (15 U.S.C. 1262).
                    (C) Subsections (b) and (c) of section 3 of the 
                Poison Prevention Packaging Act of 1970 (15 U.S.C. 
                1472).
            (4) Savings clause.--Nothing in this section shall be 
        construed to limit or diminish the authority of the Food and 
        Drug Administration to regulate the manufacture, marketing, 
        sale, or distribution of liquid nicotine, liquid nicotine 
        containers, electronic cigarettes, or similar products that 
        contain or dispense liquid nicotine.
            (5) Enforcement.--A rule promulgated under paragraph (1) 
        shall be treated as a standard applicable to a household 
        substance established under section 3(a) of the Poison 
        Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).
                                 <all>