[114th Congress Public Law 116]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 3]]

Public Law 114-116
114th Congress

                                 An Act


 
  To require special packaging for liquid nicotine containers, and for 
          other purposes. <<NOTE: Jan. 28, 2016 -  [S. 142]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child Nicotine 
Poisoning Prevention Act of 2015. 15 USC 1471 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Nicotine Poisoning Prevention 
Act of 2015''.
SEC. 2. <<NOTE: Commerce and trade. Exports and imports. 15 USC 
                    1472a.>>  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),

[[Page 130 STAT. 4]]

                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.

[[Page 130 STAT. 5]]

SEC. 3. <<NOTE: 15 USC 1472a note.>>  EFFECTIVE DATE.

    This Act shall take effect on the date that is 180 days after the 
date of the enactment of this Act.

    Approved January 28, 2016.

LEGISLATIVE HISTORY--S. 142 (H.R. 3242):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-394 (Comm. on Energy and Commerce) accompanying 
H.R. 3242.
SENATE REPORTS: No. 114-12 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    Dec. 10, considered and passed 
                                        Senate.
                                                        Vol. 162 (2016):
                                    Jan. 11, considered and passed 
                                        House.

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