[Congressional Record Volume 161, Number 179 (Thursday, December 10, 2015)]
[Senate]
[Pages S8613-S8614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CHILD NICOTINE POISONING PREVENTION ACT OF 2015

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 35, S. 142.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

                                 S. 142

     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.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute be withdrawn; that the Nelson substitute 
amendment be agreed to; that the bill, as amended, be read three times 
and passed; that the amendment to the title be agreed to; and that the 
motions to reconsider be considered made and laid upon the table with 
no intervening action or debate.

[[Page S8614]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 2924) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     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.

  The bill (S. 142), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The amendment (No. 2925) was agreed to, as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``A bill to require special 
     packaging for liquid nicotine containers, and for other 
     purposes.''.

                          ____________________