IB 
Union Calendar No. 297 
114TH CONGRESS 
2D SESSION 
H. R. 3242 
[Report No. 114–394] 
To require special packaging for liquid nicotine containers, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2015 
Mrs. BROOKS of Indiana (for herself and Ms. ESTY) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
JANUARY 11, 2016 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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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. SPECIAL PACKAGING FOR LIQUID NICOTINE CON-
TAINERS. 
(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, manu-
factured 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 test-
ing 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 Com-
mission. 
(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 
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the manufacture, marketing, sale, distribution, im-
portation, or packaging, including child-resistant 
packaging, of nicotine, liquid nicotine, liquid nicotine 
containers, electronic cigarettes, electronic nicotine 
delivery systems or other similar products that con-
tain or dispense liquid nicotine, or any other nico-
tine-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-Liq-
uid(s), and Other Tobacco Products’’ (June 
2015) (FDA–2015–N–1514), and subsequent 
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actions by the Secretary regarding packaging of 
liquid nicotine containers. 
(2) 
CONSULTATION.—If 
the 
Secretary 
of 
Health and Human Services adopts, maintains, en-
forces, or imposes or continues in effect any pack-
aging requirement for liquid nicotine containers, in-
cluding 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 Poi-
son 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.— 
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(A) IN
GENERAL.—Notwithstanding sec-
tion 2(f)(2) of the Federal Hazardous Sub-
stances 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 nico-
tine 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 nico-
tine in any concentration. 
(B) EXCLUSION.—The term ‘‘liquid nico-
tine 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 reason-
ably foreseeable ingestion or other contact by 
children. 
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(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. 
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. 
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Union Calendar No. 297 
114TH CONGRESS 
2D SESSION 
H. R. 3242 
[Report No. 114–394] 
A BILL 
To require special packaging for liquid nicotine 
containers, and for other purposes. 
JANUARY 11, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
21:30 Jan 11, 2016
Jkt 059200
PO 00000
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