I 
114TH CONGRESS 
1ST SESSION H. R. 1375 
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 
MARCH 16, 2015 
Ms. ESTY (for herself, Ms. CLARK of Massachusetts, Ms. DELAURO, Mr. 
DEUTCH, Mr. HONDA, Mr. LOWENTHAL, Ms. MATSUI, Ms. SLAUGHTER, 
and Ms. WASSERMAN SCHULTZ) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Nicotine Poi-
soning Prevention Act of 2015’’. 
SEC. 2. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE 
CONTAINERS. 
(a) DEFINITIONS.—In this section: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(2) LIQUID NICOTINE CONTAINER.—The term 
‘‘liquid nicotine container’’ means a consumer prod-
uct, as defined in section 3(a)(5) of the Consumer 
Product Safety Act (15 U.S.C. 2052(a)(5)) notwith-
standing subparagraph (B) of such section, that con-
sists of a container that— 
(A) has an opening from which nicotine in 
a solution or other form is accessible and can 
flow freely through normal and foreseeable use 
by a consumer; and 
(B) is used to hold soluble nicotine in any 
concentration. 
(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. 
(4) SPECIAL
PACKAGING.—The term ‘‘special 
packaging’’ has the meaning given such term in sec-
tion 2 of the Poison Prevention Packaging Act of 
1970 (15 U.S.C. 1471). 
(b) REQUIRED USE OF SPECIAL PACKAGING FOR 
LIQUID NICOTINE CONTAINERS.— 
(1) RULEMAKING.— 
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(A) IN
GENERAL.—Notwithstanding sec-
tion 3(a)(5)(B) of the Consumer Product Safe-
ty Act (15 U.S.C. 2052(a)(5)(B)) or section 
2(f)(2) of the Federal Hazardous Substances 
Act (15 U.S.C. 1261(f)(2)), not later than 1 
year after the date of the enactment of this Act, 
the Commission shall promulgate a rule requir-
ing special packaging for liquid nicotine con-
tainers. 
(B) AMENDMENTS.—The Commission may 
promulgate such amendments to the rule pro-
mulgated under subparagraph (A) as the Com-
mission considers appropriate. 
(2) EXPEDITED
PROCESS.—The Commission 
shall promulgate the rules under paragraph (1) in 
accordance with section 553 of title 5, United States 
Code. 
(3) INAPPLICABILITY OF CERTAIN RULEMAKING 
REQUIREMENTS.—The following provisions shall not 
apply to a rulemaking under paragraph (1): 
(A) Sections 7 and 9 of the Consumer 
Product Safety Act (15 U.S.C. 2056 and 
2058). 
(B) Section 3 of the Federal Hazardous 
Substances Act (15 U.S.C. 1262). 
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(C) Subsections (b) and (c) of section 3 of 
the Poison Prevention Packaging Act of 1970 
(15 U.S.C. 1472). 
(4) SAVINGS CLAUSE.—Nothing in this section 
shall be construed to limit or diminish the authority 
of the Food and Drug Administration to regulate 
the manufacture, marketing, sale, or distribution of 
liquid nicotine, liquid nicotine containers, electronic 
cigarettes, or similar products that contain or dis-
pense liquid nicotine. 
(5) ENFORCEMENT.—A rule promulgated under 
paragraph (1) shall be treated as a standard appli-
cable to a household substance established under 
section 3(a) of the Poison Prevention Packaging Act 
of 1970 (15 U.S.C. 1472(a)). 
Æ 
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