text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Child Nicotine Poisoning Prevention 
  Act of 2015''.
  
  SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.
  
      (a) Requirement.--Notwithstanding section 2(f)(2) of the Federal 
  Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of 
  the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), 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 Act 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 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 Act and the Poison Prevention Packaging Act 
          of 1970 (15 U.S.C. 1471 et seq.).
      (c) Applicability.--Notwithstanding section 3(a)(5) of the Consumer 
  Product Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the 
  Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), 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)).
      (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 2(f)(2) of 
                  the Federal Hazardous Substances Act (15 U.S.C. 
                  1261(f)(2)) and section 3(a)(5) of the Consumer Product 
                  Safety Act (15 U.S.C. 2052(a)(5)), 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))--
                              (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.
  
  SEC. 3. EFFECTIVE DATE.
  
      This Act shall take effect on the date that is 180 days after the 
  date of the enactment of this Act.
target: .  Child Nicotine Poisoning Prevention Act of 2015 (Sec. 2) This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission's (CPSC's) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970. &quot;Liquid nicotine container&quot; is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration; and (2) exclude 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. The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement. 
feat_title: Child Nicotine Poisoning Prevention Act of 2015