Child Nicotine Poisoning Prevention Act of 2015

To require special packaging for liquid nicotine containers, and for other purposes. 1. Short title This Act may be cited as the Child Nicotine Poisoning Prevention Act of 2015 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) 15 U.S.C. 2052(a)(5) (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. Public Law 111–31 (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 Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products (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) 15 U.S.C. 1261(f)(2) 15 U.S.C. 1472(a) (d) Definitions In this section: (1) Commission The term 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) 15 U.S.C. 2052(a)(5) liquid nicotine container 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 (3) Nicotine The term nicotine 3. Effective date This Act shall take effect on the date that is 180 days after the date of the enactment of this Act. January 11, 2016 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Child Nicotine Poisoning Prevention Act of 2015 (Sec. 2) This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission's (CPSC's) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970. "Liquid nicotine container" is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration; and (2) exclude 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. The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement.