US Codex
Bill
Notes

S. 142 — what changed

Child Nicotine Poisoning Prevention Act of 2015

From Reported in Senate to Engrossed in Senate. 1 section amended and 1 added between Reported in Senate and Engrossed in Senate.

Sec. 2 Special packaging for liquid nicotine containers

(a)
added 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)
added Savings clause—
(1)
added 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)
added 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)
added 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)
added 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)
added 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)
renumbered was (2) Definitions— In this section:
(1)
added Commission— The term “Commission” means the Consumer Product Safety Commission.
(2)
added Liquid nicotine container—
(A)
added 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)
added from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and
(ii)
added that is used to hold soluble nicotine in any concentration.
(B)
added 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)
added 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.
(1)
removed Commission— The term Commission means the Consumer Product Safety Commission.
(2)
removed 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)
removed 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
(B)
removed is used to hold soluble nicotine in any concentration.
(3)
removed 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)
removed 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)
removed Required use of special packaging for liquid nicotine containers—
(1)
removed Rulemaking—
(A)
removed 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)
removed Amendments— The Commission may promulgate such amendments to the rule promulgated under subparagraph (A) as the Commission considers appropriate.
(2)
removed Expedited process— The Commission shall promulgate the rules under paragraph (1) in accordance with section 553 of title 5, United States Code.
(3)
removed Inapplicability of certain rulemaking requirements— The following provisions shall not apply to a rulemaking under paragraph (1):
(A)
removed Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058).
(B)
removed Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262).
(C)
removed Subsections (b) and (c) of section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472).
(4)
removed 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)
removed 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)).

Sec. 3 Effective date

added

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