An Act To Require Child-resistant Packaging for Products Containing Liquid Nicotine
Maine Legislature, Session 127, LD 0423
Committee Amendment CA_A_H405 (House)

COMMITTEE AMENDMENT "A " to H.P. 290, L.D. 423, Bill, "An Act To 
Require Child-resistant Packaging for Products Containing Liquid Nicotine" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require Child-resistant Packaging for Nicotine Liquid Containers' 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 22 MRS A §1560-B is enacted to read: 
§1S60-B. Liquid nicotine 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Child-resistant packaging" means packaging meeting the specifications in 16 
Code of Federal Regulations, Section 1700.15(b) (2015) and tested by the method 
described in 16 Code of Federal Regulations, Section 1700.20 (2015). 
B. 
"Electronic nicotine delivery device" means any noncombustible device 
containing or delivering nicotine or any other substance intended for human 
consumption that employs a heating element. power source, electronic circuit or other. 
electronic, chemical or mechanical means and that may be used to simulate smoking 
through inhalation of vapor or aerosol from the device, including, without limitation, 
a device manufactured, distributed, marketed or sold as an electronic cigarette, 
electronic cigar, electronic pipe, electronic hookah or so-called vape pen. "Electronic 
nicotine delivery device" does not include any product regulated as a drug or device 
by the United States Food and Drug Administration under Chapter V of the Federal 
Food, Drug, and Cosmetic Act. 
C. "Nicotine liquid container" means a container used to hold a liquid, gel or other 
substance containing nicotine that is sold, marketed or intended for use as or with an 
electronic nicotine delivery device. "Nicotine liquid container" does not include a 
cartridge or other container that contains a liquid or other substance containing 
nicotine and is sold, marketed or intended for use as long as the cartridge or other 
COMMITTEE AMENDMENT 
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COMMITTEE ANfENDMENT "A "to H.P. 290, L.D. 423 
container is prefilled and sealed by the manufacturer and not intended to be opened 
by the consumer. 
2. Prohibition. Beginning January 1, 2016, a person may not sell, furnish, give 
away or offer to sell, furnish or give away a nicotine liquid container unless the container 
is child-resistant packaging. 
3. Penalties. This subsection applies to violations of subsection 2. 
A. A person who violates subsection 2 commits a civil violation for which a fme of 
$500 may be adjudged. 
B. A person who violates subsection 2 after having previously violated subsection 2 
commits a civil violation for which a fine of $1 ,000 may be adjudged. 
C. A person who violates subsection 2 after having previously violated subsection 2 
more than once commits a civil violation for which a fine of $5,000 may be adjudged. 
4. Repeal. The commissioner shall monitor the status of any effective date of final 
regulations issued by the United States Food and Drug Administration or by any other 
federal agency that mandate child-resistant packaging standards for nicotine liquid 
containers. The commissioner shall notify the joint standing committee of the Legislature 
having jurisdiction over health and human services matters when the final regulations 
have been adopted. The joint standing committee, upon receiving this notification, may 
report out a bill repealing this section.' 
SUMMARY 
This amendment provides a definition for "electronic nicotine delivery device." It 
provides that the prohibition in the bill applies only to a nicotine liquid container unless 
the container is child-resistant packaging. In addition, it directs the Commissioner of 
Health and Human Services to monitor the status of any effective date of final regulations 
issued by the United States Food and Drug Administration or by any other federal agency 
that mandate child-resistant packaging standards for nicotine liquid containers. 
The 
commissioner is required to notify the joint standing committee of the Legislature having 
jurisdiction over health and human services matters when the final regulations have been 
adopted. Upon receiving this notification, the conimittee may report out a bill repealing 
the provisions in this legislation. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/15 
;&.;rae 
127th MAINE J~EGISLATURE 
LD 423 
LR 1182(02) 
An Act To Require Child-resistant Packaging for Products Containing Liquid Nicotine 
Fiscal Note for Bill as Amended by Committee Amendment IIA{lI-lI"5) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services from the provisions ofthis bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LRl182(02) - Fiscal Note - Page I of 1