S. 142 — Reported in Senate

II Calendar No. 35 114th CONGRESS 1st Session S. 142 [Report No. 114–12] IN THE SENATE OF THE UNITED STATES January 8, 2015Mr. Nelson (for himself, Ms. Ayotte, Mr. Bennet, Mr. Blumenthal, Mrs. Boxer, Mr. Brown, Mr. Durbin, Mrs. Gillibrand, Ms. Klobuchar, Mr. Markey, Mr. Merkley, Mr. Reed, Mr. Schatz, Mr. Schumer, Mrs. Murray, and Mr. Udall) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation April 13, 2015Reported by Mr. Thune, with an amendmentStrike out all after the enacting clause and insert the part printed in italic 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. Short title This Act may be cited as the Child Nicotine Poisoning Prevention Act of 2015. 2. Child safety packaging for liquid nicotine containers (a) Definitions In this section: (1) Commission The term Commission means the Consumer Product Safety Commission. (2) Liquid nicotine container The term liquid nicotine container means a consumer product, as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) notwithstanding subparagraph (B) of such section, that consists 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 section 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 (A) In general Notwithstanding section 3(a)(5)(B) of the Consumer Product Safety 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 requiring special packaging for liquid nicotine containers. (B) Amendments The Commission may promulgate such amendments to the rule promulgated under subparagraph (A) as the Commission 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). (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 dispense liquid nicotine. (5) Enforcement A rule promulgated under paragraph (1) shall be treated as a standard applicable to a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). 1. Short title This Act may be cited as the Child Nicotine Poisoning Prevention Act of 2015. 2. Child safety packaging for liquid nicotine containers (a) Definitions In this section: (1) Commission The term Commission means the Consumer Product Safety Commission. (2) Liquid nicotine container (A) In general The term liquid nicotine container means a consumer product, as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) notwithstanding subparagraph (B) of such section, that consists of a container that— (i) 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 (ii) is used to hold soluble nicotine in any concentration. (B) Exclusions The term liquid nicotine container does not include nicotine in a solution or other form in a sealed, pre-filled, disposable container inserted directly into an electronic cigarette or other similar device, so long as the nicotine in the container is inaccessible or cannot flow freely out of such container or electronic cigarette or other similar device through normal and foreseeable use by a consumer. (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 section 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 (A) In general Notwithstanding section 3(a)(5)(B) of the Consumer Product Safety 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 enactment of this Act, the Commission shall promulgate a rule requiring special packaging for liquid nicotine containers. (B) Amendments The Commission may promulgate such amendments to the rule promulgated under subparagraph (A) as the Commission considers appropriate. (2) Expedited process The Commission shall promulgate the rule 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). (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 dispense liquid nicotine. (5) Enforcement A rule promulgated under paragraph (1) shall be treated as a standard applicable to a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). (c) Reporting requirements Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing the rule and requirements promulgated under this Act and any enforcement actions taken thereunder. April 13, 2015Reported with an amendment