15 U.S.C. § 1472a | Special packaging for liquid nicotine containers

(a)

Requirement

section 1261(f)(2) of this title section 2052(a)(5) of this titleNotwithstanding and , any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured 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 testing 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 Commission.

(b)

Savings clause

(1)

In general

Nothing in this section 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)

21 U.S.C. 301 Public Law 111–31 authority under the Federal Food, Drug, and Cosmetic Act ( et seq.) and the Family Smoking Prevention and Tobacco Control Act () 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-Liquid(s), and Other Tobacco Products” (June 2015) (FDA–2015–N–1514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers.

(2)

Consultation

15 U.S.C. 1471If 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 section and the Poison Prevention Packaging Act of 1970 ( et seq.).

(c)

Applicability

section 2052(a)(5) of this title section 1261(f)(2) of this title 15 U.S.C. 1472(a)Notwithstanding and , 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 ().

(d)

Definitions

In this section:

(1)

Commission

The term “Commission” means the Consumer Product Safety Commission.

(2)

Liquid nicotine container

(A)

In general

section 1261(f)(2) of this title section 2052(a)(5) of this title 15 U.S.C. 1471Notwithstanding and , the term “liquid nicotine container” means a package (as defined in section 2 of the Poison Prevention Packaging Act of 1970 ())—

(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” 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 reasonably foreseeable ingestion or other contact by children.

(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.

Pub. L. 114–116, § 2Jan. 28, 2016130 Stat. 3(, , .)

Editorial Notes

References in Text

act June 25, 1938, ch. 675 52 Stat. 1040 section 301 of Title 21The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(1), is , , which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see and Tables.

Pub. L. 111–31June 22, 2009123 Stat. 1776 section 301 of Title 21The Family Smoking Prevention and Tobacco Control Act, referred to in subsec. (b)(1), is div. A of , , . For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under , Food and Drugs, and Tables.

Pub. L. 91–601Dec. 30, 197084 Stat. 1670 section 1471 of this titleThe Poison Prevention Packaging Act of 1970, referred to in subsec. (b)(2), is , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Section was enacted as part of the Child Nicotine Poisoning Prevention Act of 2015, and not as part of the Poison Prevention Packaging Act of 1970 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–116, § 3Jan. 28, 2016130 Stat. 5

section 1471 of this titleJan. 28, 2016“This Act [see Short Title of 2016 Amendment note set out under ] shall take effect on the date that is 180 days after the date of the enactment of this Act [].”

, , , provided that: