I 

113TH CONGRESS 

2D SESSION H. R. 5486 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2014 

Ms. ESTY (for herself, Ms. KAPTUR, Mr. HOLT, Mr. HONDA, Mr. THOMPSON

of California, Ms. DELAURO, Mr. HINOJOSA, Ms. WASSERMAN SCHULTZ, 

Ms. SHEA-PORTER, Mr. CICILLINE, Ms. CLARK of Massachusetts, Mr. 

LOWENTHAL, Ms. MATSUI, Mr. ELLISON, and Mr. DEUTCH) introduced 

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

Commerce 

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 2014’’. 


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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.—The term 

7 ‘‘liquid nicotine container’’ means a consumer prod8 uct, as defined in section 3(a)(5) of the Consumer 

9 Product Safety Act (15 U.S.C. 2052(a)(5)) notwith10 standing subparagraph (B) of such section, that con11 sists of a container that— 

12 (A) has an opening that is accessible 

13 through normal and reasonably foreseeable use 

14 by a consumer; and 

15 (B) is used to hold liquid containing nico16 tine in any concentration. 

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

18 any form of the chemical nicotine, including any salt 

19 or complex, regardless of whether the chemical is 

20 naturally or synthetically derived. 

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

22 packaging’’ has the meaning given such term in sec23 tion 2 of the Poison Prevention Packaging Act of 

24 1970 (15 U.S.C. 1471). 

25 (b) REQUIRED USE OF SPECIAL PACKAGING FOR

26 LIQUID NICOTINE CONTAINERS.— 


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1 (1) RULEMAKING.— 

2 (A) IN GENERAL.—Notwithstanding sec3 tion 3(a)(5)(B) of the Consumer Product Safe4 ty Act (15 U.S.C. 2052(a)(5)(B)) or section 

5 2(f)(2) of the Federal Hazardous Substances 

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

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

8 the Commission shall promulgate a rule requir9 ing special packaging for liquid nicotine con10 tainers. 

11 (B) AMENDMENTS.—The Commission may 

12 promulgate such amendments to the rule pro13 mulgated under subparagraph (A) as the Com14 mission considers appropriate. 

15 (2) EXPEDITED PROCESS.—The Commission 

16 shall promulgate the rules under paragraph (1) in 

17 accordance with section 553 of title 5, United States 

18 Code. 

19 (3) INAPPLICABILITY OF CERTAIN RULEMAKING

20 REQUIREMENTS.—The following provisions shall not 

21 apply to a rulemaking under paragraph (1): 

22 (A) Sections 7 and 9 of the Consumer 

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

24 2058). 


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1 (B) Section 3 of the Federal Hazardous 

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

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

4 the Poison Prevention Packaging Act of 1970 

5 (15 U.S.C. 1472). 

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

7 shall be construed to limit or diminish the authority 

8 of the Food and Drug Administration to regulate 

9 the manufacture, marketing, sale, or distribution of 

10 liquid nicotine, liquid nicotine containers, electronic 

11 cigarettes, or similar products that contain or dis12 pense liquid nicotine. 

Æ 


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