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

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) Considerations In establishing a standard under this section, the Commission shall consider— (1) the reasonableness of such standard; (2) available scientific, medical, and engi- neering data concerning special packaging and concerning childhood accidental ingestions, illness, and injury caused by household sub- stances; (3) the manufacturing practices of industries affected by this Act; and (4) the nature and use of the household sub- stance. (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 ci- tation of the sections of statutes which author- ize its action. (d) Limitation Nothing in this Act shall authorize the Com- mission to prescribe specific packaging designs, product content, package quantity, or, with the exception of authority granted in section 1473(a)(2) of this title, labeling. In this case of a household substance for which special packaging is required pursuant to a regulation under this section, the Commission may in such regulation prohibit the packaging of such substance in packages which it determines are unnecessarily attractive to children. (e) Cost-benefit analysis not required Nothing in this Act shall be construed to re- quire the Consumer Product Safety Commission, in establishing a standard under this section, to prepare a comparison of the costs that would be incurred in complying with such standard with the benefits of such standard. (Pub. L. 91–601, § 3, Dec. 30, 1970, 84 Stat. 1670; Pub. L. 92–573, § 30(a), Oct. 27, 1972, 86 Stat. 1231; Pub. L. 97–414, § 9(k), Jan. 4, 1983, 96 Stat. 2065; Pub. L. 110–314, title II, § 233, Aug. 14, 2008, 122 Stat. 3073.) Editorial Notes REFERENCES IN TEXT For classification to the Code of ‘‘this Act’’, referred to in text, see References in Text note set out under section 1471 of this title. AMENDMENTS 2008—Subsec. (e). Pub. L. 110–314 added subsec. (e). 1983—Subsec. (a). Pub. L. 97–414 struck out ‘‘, after consultation with the technical advisory committee provided for in section 1475 of this title’’ after ‘‘The Commission’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Commission’’ substituted for ‘‘Secretary’’, ‘‘it’’ sub- stituted for ‘‘he’’, and ‘‘its’’ substituted for ‘‘his’’ wher- ever appearing in subsecs. (a) to (d) 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, Education, and Welfare under this chapter to Consumer Product Safety Commission. § 1472a. Special packaging for liquid nicotine containers (a) Requirement Notwithstanding section 1261(f)(2) of this title and section 2052(a)(5) of this title, any nicotine provided in a liquid nicotine container sold, of- fered 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 Com- mission. (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 re- garding the manufacture, marketing, sale, dis- tribution, importation, or packaging, includ- ing child-resistant packaging, of nicotine, liq- uid nicotine, liquid nicotine containers, elec- tronic cigarettes, electronic nicotine delivery systems or other similar products that contain or dispense liquid nicotine, or any other nico- tine-related products, including— Page 1418 TITLE 15—COMMERCE AND TRADE § 1473 (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; regula- tions on the Sale and Distribution of To- bacco Products and the Required Warning Statements for Tobacco Products’’ (April 2014) (FDA–2014–N–0189), the rulemaking en- titled ‘‘Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nico- tine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products’’ (June 2015) (FDA–2015–N–1514), and subsequent actions by the Secretary regarding packaging of liq- uid nicotine containers. (2) Consultation If the Secretary of Health and Human Serv- ices 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 Pack- aging Act of 1970 (15 U.S.C. 1471 et seq.). (c) Applicability Notwithstanding section 2052(a)(5) of this title and section 1261(f)(2) of this title, the require- ment of subsection (a) shall be treated as a standard for the special packaging of a house- hold 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 Con- sumer Product Safety Commission. (2) Liquid nicotine container (A) In general Notwithstanding section 1261(f)(2) of this title and section 2052(a)(5) of this title, the term ‘‘liquid nicotine container’’ means a package (as defined in section 2 of the Poi- son 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 nicotine in any concentration. (B) Exclusion The term ‘‘liquid nicotine container’’ does not include a sealed, pre-filled, and dispos- able container of nicotine in a solution or other form in which such container is in- serted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the con- tainer is inaccessible through customary or reasonably foreseeable handling or use, in- cluding reasonably foreseeable ingestion or other contact by children. (3) Nicotine The term ‘‘nicotine’’ means any form of the chemical nicotine, including any salt or com- plex, regardless of whether the chemical is naturally or synthetically derived. (Pub. L. 114–116, § 2, Jan. 28, 2016, 130 Stat. 3.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(1), 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 classi- fication of this Act to the Code, see section 301 of Title 21 and Tables. The Family Smoking Prevention and Tobacco Con- trol Act, referred to in subsec. (b)(1), is div. A of Pub. L. 111–31, June 22, 2009, 123 Stat. 1776. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 301 of Title 21, Food and Drugs, and Tables. The Poison Prevention Packaging Act of 1970, re- ferred to in subsec. (b)(2), is Pub. L. 91–601, Dec. 30, 1970, 84 Stat. 1670, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of this title 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 com- prises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 114–116, § 3, Jan. 28, 2016, 130 Stat. 5, provided that: ‘‘This Act [see Short Title of 2016 Amendment note set out under section 1471 of this title] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 28, 2016].’’ § 1473. Conventional packages, marketing (a) Noncomplying packages for elderly or handi- capped persons; labeling statements For the purpose of making any household sub- stance which is subject to a standard established under section 1472 of this title readily available to elderly or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the case may be, may package any household substance, subject to such a standard, in pack- aging of a single size which does not comply with such standard if— (1) the manufacturer (or packer) also sup- plies such substance in packages which com- ply with such standard; and (2) the packages of such substance which do not meet such standard bear conspicuous la- beling stating: ‘‘This package for households without young children’’; except that the Commission may by regulation prescribe a substitute statement to the same effect for packaging too small to accommodate such la- beling.