[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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