Public Law 114–116: To require special packaging for liquid nicotine containers, and for other purposes.

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PUBLIC LAW 114–116—JAN. 28, 2016
130 STAT. 3
Public Law
114–116
114th Congress
An Act
To require special packaging for liquid nicotine containers, and for other purposes.

Jan. 28, 2016

[S. 142]

  Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

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.

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), 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.130 STAT. 5
SEC. 3.

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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