II 

114TH CONGRESS 

1ST SESSION S. 142 

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, and Mr. 

SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE 

7 CONTAINERS. 

8 (a) DEFINITIONS.—In this section: 


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

2 means the Consumer Product Safety Commission. 

3 (2) LIQUID NICOTINE CONTAINER.—The term 

4 ‘‘liquid nicotine container’’ means a consumer prod5 uct, as defined in section 3(a)(5) of the Consumer 

6 Product Safety Act (15 U.S.C. 2052(a)(5)) notwith7 standing subparagraph (B) of such section, that con8 sists of a container that— 

9 (A) has an opening from which nicotine in 

10 a solution or other form is accessible and can 

11 flow freely through normal and foreseeable use 

12 by a consumer; and 

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

14 concentration. 

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

16 any form of the chemical nicotine, including any salt 

17 or complex, regardless of whether the chemical is 

18 naturally or synthetically derived. 

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

20 packaging’’ has the meaning given such term in sec21 tion 2 of the Poison Prevention Packaging Act of 

22 1970 (15 U.S.C. 1471). 

23 (b) REQUIRED USE OF SPECIAL PACKAGING FOR

24 LIQUID NICOTINE CONTAINERS.— 

25 (1) RULEMAKING.— 


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1 (A) IN GENERAL.—Notwithstanding sec2 tion 3(a)(5)(B) of the Consumer Product Safe3 ty Act (15 U.S.C. 2052(a)(5)(B)) or section 

4 2(f)(2) of the Federal Hazardous Substances 

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

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

7 the Commission shall promulgate a rule requir8 ing special packaging for liquid nicotine con9 tainers. 

10 (B) AMENDMENTS.—The Commission may 

11 promulgate such amendments to the rule pro12 mulgated under subparagraph (A) as the Com13 mission considers appropriate. 

14 (2) EXPEDITED PROCESS.—The Commission 

15 shall promulgate the rules under paragraph (1) in 

16 accordance with section 553 of title 5, United States 

17 Code. 

18 (3) INAPPLICABILITY OF CERTAIN RULEMAKING

19 REQUIREMENTS.—The following provisions shall not 

20 apply to a rulemaking under paragraph (1): 

21 (A) Sections 7 and 9 of the Consumer 

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

23 2058). 

24 (B) Section 3 of the Federal Hazardous 

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


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

2 the Poison Prevention Packaging Act of 1970 

3 (15 U.S.C. 1472). 

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

5 shall be construed to limit or diminish the authority 

6 of the Food and Drug Administration to regulate 

7 the manufacture, marketing, sale, or distribution of 

8 liquid nicotine, liquid nicotine containers, electronic 

9 cigarettes, or similar products that contain or dis10 pense liquid nicotine. 

11 (5) ENFORCEMENT.—A rule promulgated under 

12 paragraph (1) shall be treated as a standard appli13 cable to a household substance established under 

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

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

Æ 


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