114TH CONGRESS 

1ST SESSION S. 142 

AN ACT 

To require special packaging for liquid nicotine containers, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 142 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Child Nicotine Poi3 soning Prevention Act of 2015’’. 

4 SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CON5 TAINERS. 

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

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

8 1261(f)(2)) and section 3(a)(5) of the Consumer Product 

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

10 in a liquid nicotine container sold, offered for sale, manu11 factured for sale, distributed in commerce, or imported 

12 into the United States shall be packaged in accordance 

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

14 Code of Federal Regulations, as determined through test15 ing in accordance with the method described in section 

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

17 subsequent changes to such sections adopted by the Com18 mission. 

19 (b) SAVINGS CLAUSE.— 

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

21 construed to limit or otherwise affect the authority 

22 of the Secretary of Health and Human Services to 

23 regulate, issue guidance, or take action regarding 

24 the manufacture, marketing, sale, distribution, im25 portation, or packaging, including child-resistant 

26 packaging, of nicotine, liquid nicotine, liquid nicotine 
3 

†S 142 ES

1 containers, electronic cigarettes, electronic nicotine 

2 delivery systems or other similar products that con3 tain or dispense liquid nicotine, or any other nico4 tine-related products, including— 

5 (A) authority under the Federal Food, 

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

7 seq.) and the Family Smoking Prevention and 

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

9 the amendments made by such Act; and 

10 (B) authority for the rulemaking entitled 

11 ‘‘Deeming Tobacco Products to Be Subject to 

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

13 Amended by the Family Smoking Prevention 

14 and Tobacco Control Act; regulations on the 

15 Sale and Distribution of Tobacco Products and 

16 the Required Warning Statements for Tobacco 

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

18 the rulemaking entitled ‘‘Nicotine Exposure 

19 Warnings and Child-Resistant Packaging for 

20 Liquid Nicotine, Nicotine-Containing E-Liq21 uid(s), and Other Tobacco Products’’ (June 

22 2015) (FDA–2015–N–1514), and subsequent 

23 actions by the Secretary regarding packaging of 

24 liquid nicotine containers. 
4 

†S 142 ES

1 (2) CONSULTATION.—If the Secretary of 

2 Health and Human Services adopts, maintains, en3 forces, or imposes or continues in effect any pack4 aging requirement for liquid nicotine containers, in5 cluding a child-resistant packaging requirement, the 

6 Secretary shall consult with the Commission, taking 

7 into consideration the expertise of the Commission 

8 in implementing and enforcing this Act and the Poi9 son Prevention Packaging Act of 1970 (15 U.S.C. 

10 1471 et seq.). 

11 (c) APPLICABILITY.—Notwithstanding section 

12 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 

13 2052(a)(5)) and section 2(f)(2) of the Federal Hazardous 

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

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

16 special packaging of a household substance established 

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

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

19 (d) DEFINITIONS.—In this section: 

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

21 means the Consumer Product Safety Commission. 

22 (2) LIQUID NICOTINE CONTAINER.— 

23 (A) IN GENERAL.—Notwithstanding sec24 tion 2(f)(2) of the Federal Hazardous Sub25 stances Act (15 U.S.C. 1261(f)(2)) and section 
5 

†S 142 ES

1 3(a)(5) of the Consumer Product Safety Act 

2 (15 U.S.C. 2052(a)(5)), the term ‘‘liquid nico3 tine container’’ means a package (as defined in 

4 section 2 of the Poison Prevention Packaging 

5 Act of 1970 (15 U.S.C. 1471))— 

6 (i) from which nicotine in a solution 

7 or other form is accessible through normal 

8 and foreseeable use by a consumer; and 

9 (ii) that is used to hold soluble nico10 tine in any concentration. 

11 (B) EXCLUSION.—The term ‘‘liquid nico12 tine container’’ does not include a sealed, pre13 filled, and disposable container of nicotine in a 

14 solution or other form in which such container 

15 is inserted directly into an electronic cigarette, 

16 electronic nicotine delivery system, or other 

17 similar product, if the nicotine in the container 

18 is inaccessible through customary or reasonably 

19 foreseeable handling or use, including reason20 ably foreseeable ingestion or other contact by 

21 children. 

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

23 any form of the chemical nicotine, including any salt 

24 or complex, regardless of whether the chemical is 

25 naturally or synthetically derived. 
6 

†S 142 ES

1 SEC. 3. EFFECTIVE DATE. 

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

3 after the date of the enactment of this Act. 

Passed the Senate December 10, 2015. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION S. 142 

AN ACT 

To require special packaging for liquid nicotine 

containers, and for other purposes.