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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_9365aa320a3077bb922d87e3
Source file: Laws/federal/codes/united-states-code/title-15/section-1472a-special-packaging-for-liquid-nicotine-containers--1a1ad947c0.md
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Source location: Title 15, Chapter 39A, § 1472a; chapter-39a-special-packaging-of-household-substances-for-protection-of-children.md

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**(a) Requirement** Notwithstanding [section 1261(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f/2&num=0&edition=prelim) and [section 2052(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052/a/5&num=0&edition=prelim), 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) authority under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) 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-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** — If 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 ([15 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim) et seq.). **(c) Applicability** Notwithstanding [section 2052(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052/a/5&num=0&edition=prelim) and [section 1261(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f/2&num=0&edition=prelim), 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1472/a&num=0&edition=prelim)). **(d) Definitions** In this section: (1) **Commission** — The term “Commission” means the Consumer Product Safety Commission. (2) **Liquid nicotine container** (A) *In general* — Notwithstanding [section 1261(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f/2&num=0&edition=prelim) and [section 2052(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2052/a/5&num=0&edition=prelim), the term “liquid nicotine container” means a package (as defined in section 2 of the Poison Prevention Packaging Act of 1970 ([15 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1471&num=0&edition=prelim)))— (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.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1471 — Definitions

For the purpose of this Act— (1) The term “Commission” means the Consumer Product Safety Commission. (2) The term “household substance” means any substance which is customarily produced or distributed for sale for consumption or use, or customarily stored, by individuals in or about the household and which is— (A) a hazardous substance as that term is defined in [section 1261(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1261/f&num=0&edition=prelim); (B) a food, drug, or cosmetic as those terms are defined in [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim); or (C) a substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house. (3) The term “package” means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), also means any outer container or wrapping used in the retail display of any such substance to consumers. Such term does not include— (A) any shipping container or wrapping used solely for the transportation of any household substance in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or (B) any shipping container or outer wrapping used by retailers to ship or deliver any household substance to consumers unless it is the only such container or wrapping. (4) The term “special packaging” means packaging that is designed or

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1471 — Definitions

Page 1416 TITLE 15—COMMERCE AND TRADE § 1461 chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, 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 section 301 of Title 21 and Tables. The Federal Hazardous Substances Labeling Act, re- ferred to in text, is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1261 of this title and Tables. § 1461. Effect upon State law It is hereby declared that it is the express in- tent of Congress to supersede any and all laws of the States or political subdivisions thereof inso- far as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer commodity covered by this chapter which are less stringent than or re- quire information different from the require- ments of section 1453 of this title or regulations promulgated pursuant thereto. (Pub. L. 89–755, § 12, Nov. 3, 1966, 80 Stat. 1302.) CHAPTER 39A—SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES FOR PROTEC- TION OF CHILDREN Sec. 1471. Definitions. 1472. Special packaging standards. 1472a. Special packaging for liquid nicotine con- tainers. 1473. Conventional packages, marketing. 1474. Regulations for special packaging standards. 1475. Repealed. 1476. Preemption of Federal standards. 1477. Enforcement by State Attorneys General. § 1471. Definitions For the purpos

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1472 — Special packaging standards

**(a) Establishment** The Commission,11 Comma retained in amendment by Pub. L. 97–414. may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if it finds that— (1) the degree or nature of the hazard to children in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substance; and (2) the special packaging to be required by such standard is technically feasible, practicable, and appropriate for such substance. **(b) Considerations** In establishing a standard under this section, the Commission shall consider— (1) the reasonableness of such standard; (2) available scientific, medical, and engineering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household substances; (3) the manufacturing practices of industries affected by this Act; and (4) the nature and use of the household substance. **(c) Publication of findings, reasons, and citation of statutory authorizations** In carrying out this Act, the Commission shall publish its findings, its reasons therefor, and citation of the sections of statutes which authorize its action. **(d) Limitation** Nothing in this Act shall authorize the Commission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in [section 1473(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1473/a/2&num=0&edition=prelim), labeling. In this case of a household substance for which special packaging is required purs

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1472 — Special packaging standards

Page 1417 TITLE 15—COMMERCE AND TRADE § 1472a 1 Comma retained in amendment by Pub. L. 97–414. provisions set out as a note under section 1472a of this title] may be cited as the ‘Child Nicotine Poisoning Prevention Act of 2015’.’’ SHORT TITLE Pub. L. 91–601, § 1, Dec. 30, 1970, 84 Stat. 1670, provided that: ‘‘This Act [enacting this chapter, section 135(z)(2)(i) of Title 7, Agriculture, and sections 343(n), 352(p), and 362(f) of Title 21, Food and Drugs, amending section 1261(p) of this title and section 353(b)(2) of Title 21, and enacting provisions set out as a note under this section] may be cited as the ‘Poison Prevention Pack- aging Act of 1970’.’’ TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’ and ‘‘Con- sumer Product Safety Commission’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in par. (1) pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Edu- cation, and Welfare under this chapter to Consumer Product Safety Commission. § 1472. Special packaging standards (a) Establishment The Commission,1 may establish in accordance with the provisions of this Act, by regulation, standards for the special packaging of any household substance if it finds that— (1) the degree or nature of the hazard to chil- dren in the availability of such substance, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness re- sulting from handling, using, or ingesting such substance; and (2) the special packaging to be required by such standard is technically feasible, prac- ticable, and appropriate for such substance. (b) Consideratio

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Federal law — U.S. Code and appendices · legal_authorities

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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 301 — Short title

Page 30 TITLE 21—FOOD AND DRUGS § 301 Sec. 398. Notices to States regarding imported food. 399. Grants to enhance food safety. 399a. Office of the Chief Scientist. 399b. Office of Women’s Health. 399c. Improving the training of State, local, terri- torial, and tribal food safety officials. 399d. Employee protections. 399e. Nanotechnology. 399f. Ensuring adequate information regarding pharmaceuticals for all populations, par- ticularly underrepresented subpopulations, including racial subgroups. 399g. Food and Drug Administration Intercenter Institutes. 399h. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufac- turing. 399i. Food and Drug Administration Working Cap- ital Fund. SUBCHAPTER I—SHORT TITLE § 301. Short title This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. (June 25, 1938, ch. 675, § 1, 52 Stat. 1040.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro- vided that: ‘‘[SEC. 1] (a) The effective date of the following provi- sions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g) to (k) of this title]; 501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g), and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of this title]; and 602(b) [362(b) of this title]. ‘‘(b) The Secretary of Agriculture shall promulgate regulations further postponing to July 1, 1940[,] the ef- fective date of the provisions of sections 403(e)(1) [343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g) to (k)]; 502(b), (d), (

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