[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.
______