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

                                                        Calendar No. 35
114th CONGRESS
  1st Session
                                 S. 142

                          [Report No. 114-12]

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, Mr. Schumer, Mrs. Murray, 
and Mr. Udall) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             April 13, 2015

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Child Nicotine Poisoning 
Prevention Act of 2015''.</DELETED>

<DELETED>SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE 
              CONTAINERS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Commission.--The term ``Commission'' means the 
        Consumer Product Safety Commission.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) is used to hold soluble nicotine in 
                any concentration.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Required Use of Special Packaging for Liquid Nicotine 
Containers.--</DELETED>
        <DELETED>    (1) Rulemaking.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Amendments.--The Commission may 
                promulgate such amendments to the rule promulgated 
                under subparagraph (A) as the Commission considers 
                appropriate.</DELETED>
        <DELETED>    (2) Expedited process.--The Commission shall 
        promulgate the rules under paragraph (1) in accordance with 
        section 553 of title 5, United States Code.</DELETED>
        <DELETED>    (3) Inapplicability of certain rulemaking 
        requirements.--The following provisions shall not apply to a 
        rulemaking under paragraph (1):</DELETED>
                <DELETED>    (A) Sections 7 and 9 of the Consumer 
                Product Safety Act (15 U.S.C. 2056 and 2058).</DELETED>
                <DELETED>    (B) Section 3 of the Federal Hazardous 
                Substances Act (15 U.S.C. 1262).</DELETED>
                <DELETED>    (C) Subsections (b) and (c) of section 3 
                of the Poison Prevention Packaging Act of 1970 (15 
                U.S.C. 1472).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>

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.--
                    (A) In general.--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--
                            (i) 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
                            (ii) is used to hold soluble nicotine in 
                        any concentration.
                    (B) Exclusions.--The term ``liquid nicotine 
                container'' does not include nicotine in a solution or 
                other form in a sealed, pre-filled, disposable 
                container inserted directly into an electronic 
                cigarette or other similar device, so long as the 
                nicotine in the container is inaccessible or cannot 
                flow freely out of such container or electronic 
                cigarette or other similar device through normal and 
                foreseeable use by a consumer.
            (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 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 
        rule 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)).
    (c) Reporting Requirements.--Not later than 3 years after the date 
of enactment of this Act, the Commission shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report detailing the rule and requirements promulgated under this Act 
and any enforcement actions taken thereunder.
                                                        Calendar No. 35

114th CONGRESS

  1st Session

                                 S. 142

                          [Report No. 114-12]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 13, 2015

                       Reported with an amendment