[Congressional Record Volume 160, Number 107 (Thursday, July 10, 2014)]
[Senate]
[Page S4406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON (for himself, Mr. Blumenthal, Mrs. Boxer, Mr. 
        Brown, Mr. Durbin, Mr. Harkin, Mr. Markey, Mr. Merkley, Mr. 
        Pryor, Mr. Schumer, and Mr. Bennet):
  S. 2581. 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; to the Committee on Commerce, 
Science, and Transportation.
  Mr. NELSON. Mr. President, we all recognize the danger that many 
hazardous chemicals and over-the-counter drugs pose to children. That's 
why we require child-resistant packaging for these substances to 
prevent accidental poisonings that could result in serious injury or 
death.
  Unfortunately, there is no child-resistant packaging required for 
concentrated liquid nicotine, which can be toxic if ingested or even 
absorbed through skin in large amounts. According to the American 
Academy of Pediatrics, AAP, some small 15 mL bottles of liquid nicotine 
contain as much as 540 mg of nicotine. At the estimated lethal dose 
range of nicotine, AAP notes that this small bottle contains enough 
nicotine to kill 4 small children. And even a very small amount of the 
liquid splashed on a child's skin can make the child very ill.
  The American Association of Poison Control Centers, AAPCC, reports 
that local poison control centers had already received 1,571 calls 
between January 1 and May 31 of this year related to liquid nicotine 
exposure. According to some experts who study nicotine exposure, it's 
only a matter of time before an accidental nicotine ingestion results 
in death.
  Today I am introducing the Child Nicotine Poisoning Prevention Act 
with Senators Pryor, Bennet, Blumenthal, Boxer, Brown, Durbin, Harkin, 
Markey, Merkley, and Schumer to prevent these unnecessary tragedies. 
This common-sense legislation gives the U.S. Consumer Product Safety 
Commission, CPSC, authority and direction to issue rules requiring 
safer, child-resistant packaging for liquid nicotine products within 1 
year of passage.
  The CPSC already requires child-resistant packaging for many 
household products, including over-the-counter medicines and cleaning 
agents. These rules have prevented countless injuries and deaths to 
children. There is no reason that bottles of liquid nicotine should not 
also be required to have child-resistant packaging as well.
  I invite my colleagues to join us to support the Child Nicotine 
Poisoning Prevention Act. Working together, we can take simple steps to 
prevent accidental child nicotine poisonings.
  Mr. President, I ask unanimous consent that text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2581

       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 2014''.

     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 that is accessible through normal and 
     reasonably foreseeable use by a consumer; and
       (B) is used to hold liquid containing 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.
                                 ______