S. 142 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Child Nicotine Poisoning Prevention Act of 2015’’. 

SEC. 2. 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), 
S. 142—2 

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. 
S. 142—3 

SEC. 3. EFFECTIVE DATE. 

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

the date of the enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.