II 

113TH CONGRESS 

2D SESSION S. 2581 

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 

JULY 10, 2014 

Mr. NELSON (for himself, Mr. BLUMENTHAL, Mrs. BOXER, Mr. BROWN, Mr. 

DURBIN, Mr. HARKIN, Mr. MARKEY, Mr. MERKLEY, Mr. PRYOR, Mr. 

SCHUMER, and Mr. BENNET) 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 2014’’. 

6 SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE 

7 CONTAINERS. 

8 (a) DEFINITIONS.—In this section: 


jbell on DSK4SPTVN1PROD with BILLS
2 

•S 2581 IS

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 that is accessible 

10 through normal and reasonably foreseeable use 

11 by a consumer; and 

12 (B) is used to hold liquid containing nico13 tine in any concentration. 

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

15 any form of the chemical nicotine, including any salt 

16 or complex, regardless of whether the chemical is 

17 naturally or synthetically derived. 

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

19 packaging’’ has the meaning given such term in sec20 tion 2 of the Poison Prevention Packaging Act of 

21 1970 (15 U.S.C. 1471). 

22 (b) REQUIRED USE OF SPECIAL PACKAGING FOR

23 LIQUID NICOTINE CONTAINERS.— 

24 (1) RULEMAKING.— 


jbell on DSK4SPTVN1PROD with BILLS
3 

•S 2581 IS

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). 


jbell on DSK4SPTVN1PROD with BILLS
4 

•S 2581 IS

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. 

Æ 


jbell on DSK4SPTVN1PROD with BILLS