IB 

Union Calendar No. 297 

114TH CONGRESS 

2D SESSION H. R. 3242 

[Report No. 114–394] 

To require special packaging for liquid nicotine containers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2015 

Mrs. BROOKS of Indiana (for herself and Ms. ESTY) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

JANUARY 11, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•HR 3242 RH

A BILL 

To require special packaging for liquid nicotine containers, 

and for other purposes. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•HR 3242 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Nicotine Poi5 soning Prevention Act of 2015’’. 

6 SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CON7 TAINERS. 

8 (a) REQUIREMENT.—Notwithstanding section 2(f)(2) 

9 of the Federal Hazardous Substances Act (15 U.S.C. 

10 1261(f)(2)) and section 3(a)(5) of the Consumer Product 

11 Safety Act (15 U.S.C. 2052(a)(5)), any nicotine provided 

12 in a liquid nicotine container sold, offered for sale, manu13 factured for sale, distributed in commerce, or imported 

14 into the United States shall be packaged in accordance 

15 with the standards provided in section 1700.15 of title 16, 

16 Code of Federal Regulations, as determined through test17 ing in accordance with the method described in section 

18 1700.20 of title 16, Code of Federal Regulations, and any 

19 subsequent changes to such sections adopted by the Com20 mission. 

21 (b) SAVINGS CLAUSE.— 

22 (1) IN GENERAL.—Nothing in this Act shall be 

23 construed to limit or otherwise affect the authority 

24 of the Secretary of Health and Human Services to 

25 regulate, issue guidance, or take action regarding 


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•HR 3242 RH

1 the manufacture, marketing, sale, distribution, im2 portation, or packaging, including child-resistant 

3 packaging, of nicotine, liquid nicotine, liquid nicotine 

4 containers, electronic cigarettes, electronic nicotine 

5 delivery systems or other similar products that con6 tain or dispense liquid nicotine, or any other nico7 tine-related products, including— 

8 (A) authority under the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 301 et 

10 seq.) and the Family Smoking Prevention and 

11 Tobacco Control Act (Public Law 111–31) and 

12 the amendments made by such Act; and 

13 (B) authority for the rulemaking entitled 

14 ‘‘Deeming Tobacco Products to Be Subject to 

15 the Federal Food, Drug, and Cosmetic Act, as 

16 Amended by the Family Smoking Prevention 

17 and Tobacco Control Act; regulations on the 

18 Sale and Distribution of Tobacco Products and 

19 the Required Warning Statements for Tobacco 

20 Products’’ (April 2014) (FDA–2014–N–0189), 

21 the rulemaking entitled ‘‘Nicotine Exposure 

22 Warnings and Child-Resistant Packaging for 

23 Liquid Nicotine, Nicotine-Containing E-Liq24 uid(s), and Other Tobacco Products’’ (June 

25 2015) (FDA–2015–N–1514), and subsequent 


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•HR 3242 RH

1 actions by the Secretary regarding packaging of 

2 liquid nicotine containers. 

3 (2) CONSULTATION.—If the Secretary of 

4 Health and Human Services adopts, maintains, en5 forces, or imposes or continues in effect any pack6 aging requirement for liquid nicotine containers, in7 cluding a child-resistant packaging requirement, the 

8 Secretary shall consult with the Commission, taking 

9 into consideration the expertise of the Commission 

10 in implementing and enforcing this Act and the Poi11 son Prevention Packaging Act of 1970 (15 U.S.C. 

12 1471 et seq.). 

13 (c) APPLICABILITY.—Notwithstanding section 

14 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 

15 2052(a)(5)) and section 2(f)(2) of the Federal Hazardous 

16 Substances Act (15 U.S.C. 1261(f)(2)), the requirement 

17 of subsection (a) shall be treated as a standard for the 

18 special packaging of a household substance established 

19 under section 3(a) of the Poison Prevention Packaging 

20 Act of 1970 (15 U.S.C. 1472(a)). 

21 (d) DEFINITIONS.—In this section: 

22 (1) COMMISSION.—The term ‘‘Commission’’ 

23 means the Consumer Product Safety Commission. 

24 (2) LIQUID NICOTINE CONTAINER.— 


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•HR 3242 RH

1 (A) IN GENERAL.—Notwithstanding sec2 tion 2(f)(2) of the Federal Hazardous Sub3 stances Act (15 U.S.C. 1261(f)(2)) and section 

4 3(a)(5) of the Consumer Product Safety Act 

5 (15 U.S.C. 2052(a)(5)), the term ‘‘liquid nico6 tine container’’ means a package (as defined in 

7 section 2 of the Poison Prevention Packaging 

8 Act of 1970 (15 U.S.C. 1471))— 

9 (i) from which nicotine in a solution 

10 or other form is accessible through normal 

11 and foreseeable use by a consumer; and 

12 (ii) that is used to hold soluble nico13 tine in any concentration. 

14 (B) EXCLUSION.—The term ‘‘liquid nico15 tine container’’ does not include a sealed, pre16 filled, and disposable container of nicotine in a 

17 solution or other form in which such container 

18 is inserted directly into an electronic cigarette, 

19 electronic nicotine delivery system, or other 

20 similar product, if the nicotine in the container 

21 is inaccessible through customary or reasonably 

22 foreseeable handling or use, including reason23 ably foreseeable ingestion or other contact by 

24 children. 


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1 (3) NICOTINE.—The term ‘‘nicotine’’ means 

2 any form of the chemical nicotine, including any salt 

3 or complex, regardless of whether the chemical is 

4 naturally or synthetically derived. 

5 SEC. 3. EFFECTIVE DATE. 

6 This Act shall take effect on the date that is 180 days 

7 after the date of the enactment of this Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
Union Calendar No. 297 

114TH CONGRESS 

2D SESSION H. R. 3242 

[Report No. 114–394] 

A BILL 

To require special packaging for liquid nicotine 

containers, and for other purposes. 

JANUARY 11, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


asabaliauskas on DSK5VPTVN1PROD with BILLS