II 

Calendar No. 35 

114TH CONGRESS 

1ST SESSION S. 142 

[Report No. 114–12] 

To require the Consumer Product Safety Commission to promulgate a rule 

to require child safety packaging for liquid nicotine containers, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2015 

Mr. NELSON (for himself, Ms. AYOTTE, Mr. BENNET, Mr. BLUMENTHAL, 

Mrs. BOXER, Mr. BROWN, Mr. DURBIN, Mrs. GILLIBRAND, Ms. KLOBUCHAR, Mr. MARKEY, Mr. MERKLEY, Mr. REED, Mr. SCHATZ, Mr. 

SCHUMER, Mrs. MURRAY, and Mr. UDALL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

APRIL 13, 2015 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Consumer Product Safety Commission to 

promulgate a rule to require child safety 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, 


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1 SECTION 1. SHORT TITLE. 

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

4 SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE 

5 CONTAINERS. 

6 (a) DEFINITIONS.—In this section: 

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

8 means the Consumer Product Safety Commission. 

9 (2) LIQUID NICOTINE CONTAINER.—The term 

10 ‘‘liquid nicotine container’’ means a consumer prod11 uct, as defined in section 3(a)(5) of the Consumer 

12 Product Safety Act (15 U.S.C. 2052(a)(5)) notwith13 standing subparagraph (B) of such section, that con14 sists of a container that— 

15 (A) has an opening from which nicotine in 

16 a solution or other form is accessible and can 

17 flow freely through normal and foreseeable use 

18 by a consumer; and 

19 (B) is used to hold soluble nicotine in any 

20 concentration. 

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

22 any form of the chemical nicotine, including any salt 

23 or complex, regardless of whether the chemical is 

24 naturally or synthetically derived. 

25 (4) SPECIAL PACKAGING.—The term ‘‘special 

26 packaging’’ has the meaning given such term in secVerDate Sep 11 2014 21:20 Apr 13, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S142.RS S142

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1 tion 2 of the Poison Prevention Packaging Act of 

2 1970 (15 U.S.C. 1471). 

3 (b) REQUIRED USE OF SPECIAL PACKAGING FOR

4 LIQUID NICOTINE CONTAINERS.— 

5 (1) RULEMAKING.— 

6 (A) IN GENERAL.—Notwithstanding sec7 tion 3(a)(5)(B) of the Consumer Product Safe8 ty Act (15 U.S.C. 2052(a)(5)(B)) or section 

9 2(f)(2) of the Federal Hazardous Substances 

10 Act (15 U.S.C. 1261(f)(2)), not later than 1 

11 year after the date of the enactment of this Act, 

12 the Commission shall promulgate a rule requir13 ing special packaging for liquid nicotine con14 tainers. 

15 (B) AMENDMENTS.—The Commission may 

16 promulgate such amendments to the rule pro17 mulgated under subparagraph (A) as the Com18 mission considers appropriate. 

19 (2) EXPEDITED PROCESS.—The Commission 

20 shall promulgate the rules under paragraph (1) in 

21 accordance with section 553 of title 5, United States 

22 Code. 

23 (3) INAPPLICABILITY OF CERTAIN RULEMAKING

24 REQUIREMENTS.—The following provisions shall not 

25 apply to a rulemaking under paragraph (1): 


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1 (A) Sections 7 and 9 of the Consumer 

2 Product Safety Act (15 U.S.C. 2056 and 

3 2058). 

4 (B) Section 3 of the Federal Hazardous 

5 Substances Act (15 U.S.C. 1262). 

6 (C) Subsections (b) and (c) of section 3 of 

7 the Poison Prevention Packaging Act of 1970 

8 (15 U.S.C. 1472). 

9 (4) SAVINGS CLAUSE.—Nothing in this section 

10 shall be construed to limit or diminish the authority 

11 of the Food and Drug Administration to regulate 

12 the manufacture, marketing, sale, or distribution of 

13 liquid nicotine, liquid nicotine containers, electronic 

14 cigarettes, or similar products that contain or dis15 pense liquid nicotine. 

16 (5) ENFORCEMENT.—A rule promulgated under 

17 paragraph (1) shall be treated as a standard appli18 cable to a household substance established under 

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

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

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Child Nicotine Poi23 soning Prevention Act of 2015’’. 


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1 SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE 

2 CONTAINERS. 

3 (a) DEFINITIONS.—In this section: 

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

5 means the Consumer Product Safety Commission. 

6 (2) LIQUID NICOTINE CONTAINER.— 

7 (A) IN GENERAL.—The term ‘‘liquid nico8 tine container’’ means a consumer product, as 

9 defined in section 3(a)(5) of the Consumer Prod10 uct Safety Act (15 U.S.C. 2052(a)(5)) notwith11 standing subparagraph (B) of such section, that 

12 consists of a container that— 

13 (i) has an opening from which nicotine 

14 in a solution or other form is accessible and 

15 can flow freely through normal and foresee16 able use by a consumer; and 

17 (ii) is used to hold soluble nicotine in 

18 any concentration. 

19 (B) EXCLUSIONS.—The term ‘‘liquid nico20 tine container’’ does not include nicotine in a so21 lution or other form in a sealed, pre-filled, dis22 posable container inserted directly into an elec23 tronic cigarette or other similar device, so long 

24 as the nicotine in the container is inaccessible or 

25 cannot flow freely out of such container or elecVerDate Sep 11 2014 21:20 Apr 13, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S142.RS S142

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1 tronic cigarette or other similar device through 

2 normal and foreseeable use by a consumer. 

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

4 form of the chemical nicotine, including any salt or 

5 complex, regardless of whether the chemical is natu6 rally or synthetically derived. 

7 (4) SPECIAL PACKAGING.—The term ‘‘special 

8 packaging’’ has the meaning given such term in sec9 tion 2 of the Poison Prevention Packaging Act of 

10 1970 (15 U.S.C. 1471). 

11 (b) REQUIRED USE OF SPECIAL PACKAGING FOR LIQ12 UID NICOTINE CONTAINERS.— 

13 (1) RULEMAKING.— 

14 (A) IN GENERAL.—Notwithstanding section 

15 3(a)(5)(B) of the Consumer Product Safety Act 

16 (15 U.S.C. 2052(a)(5)(B)) or section 2(f)(2) of 

17 the Federal Hazardous Substances Act (15 

18 U.S.C. 1261(f)(2)), not later than 1 year after 

19 the date of enactment of this Act, the Commis20 sion shall promulgate a rule requiring special 

21 packaging for liquid nicotine containers. 

22 (B) AMENDMENTS.—The Commission may 

23 promulgate such amendments to the rule promul24 gated under subparagraph (A) as the Commis25 sion considers appropriate. 


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1 (2) EXPEDITED PROCESS.—The Commission 

2 shall promulgate the rule under paragraph (1) in ac3 cordance with section 553 of title 5, United States 

4 Code. 

5 (3) INAPPLICABILITY OF CERTAIN RULEMAKING

6 REQUIREMENTS.—The following provisions shall not 

7 apply to a rulemaking under paragraph (1): 

8 (A) Sections 7 and 9 of the Consumer Prod9 uct Safety Act (15 U.S.C. 2056 and 2058). 

10 (B) Section 3 of the Federal Hazardous 

11 Substances Act (15 U.S.C. 1262). 

12 (C) Subsections (b) and (c) of section 3 of 

13 the Poison Prevention Packaging Act of 1970 (15 

14 U.S.C. 1472). 

15 (4) SAVINGS CLAUSE.—Nothing in this section 

16 shall be construed to limit or diminish the authority 

17 of the Food and Drug Administration to regulate the 

18 manufacture, marketing, sale, or distribution of liq19 uid nicotine, liquid nicotine containers, electronic 

20 cigarettes, or similar products that contain or dis21 pense liquid nicotine. 

22 (5) ENFORCEMENT.—A rule promulgated under 

23 paragraph (1) shall be treated as a standard applica24 ble to a household substance established under section 


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1 3(a) of the Poison Prevention Packaging Act of 1970 

2 (15 U.S.C. 1472(a)). 

3 (c) REPORTING REQUIREMENTS.—Not later than 3 

4 years after the date of enactment of this Act, the Commis5 sion shall submit to the Committee on Commerce, Science, 

6 and Transportation of the Senate and the Committee on 

7 Energy and Commerce of the House of Representatives a 

8 report detailing the rule and requirements promulgated 

9 under this Act and any enforcement actions taken there10 under. 


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Calendar No. 35 

114TH CONGRESS 

1ST SESSION S. 142 

[Report No. 114–12] 

A BILL 

To require the Consumer Product Safety Commisother purposes. packaging for liquid nicotine containers, and for sion to promulgate a rule to require child safety 

APRIL 13, 2015 

Reported with an amendment 


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