Child Nicotine Poisoning Prevention Act of 2015by Representative Susan W. Brooks
Posted on 2016-01-11
BROOKS of Indiana. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 142) to require special packaging for liquid nicotine
containers, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows: S. 142 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Indiana (Mrs. Brooks) and the gentleman from Maryland (Mr. Sarbanes) each will control 20 minutes.
The Chair recognizes the gentlewoman from Indiana.
General Leave Mrs. BROOKS of Indiana. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous materials into the Record.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Indiana? There was no objection.
Mrs. BROOKS of Indiana. Mr. Speaker, I yield myself such time as I may consume.
Recently there has been a significant amount of debate surrounding liquid nicotine, ranging from its use as cigarette cessation to its use in public spaces. While there are differing points on the future of vaping, everyone can agree on the need to prevent the product from inadvertently reaching the hands of children.
That is why my colleague from Connecticut (Ms. Esty) and I introduced the Child Nicotine Poisoning Prevention Act, which simply requires child safety packaging be added to liquid nicotine containers. The bill we are considering today and have already passed in the Senate is identical to our bill, which passed out of the Committee on Energy and Commerce in October of last year.
[[Page H228]] Liquid nicotine, the product that is used in vaping pipes, is getting into the hands of children at a startling rate. I witnessed this firsthand when I had the opportunity to visit the Indiana Poison Control Centers last year.
Their director, Dr. Jim Mowry, shared with me that exposures to e- cigarettes in Indiana alone have increased eightfold from 2011 to 2014. The numbers nationwide are even more startling, with poison control centers across the country showing a 14-fold increase in the exposure to e-cigarettes, from 271 cases in 2011 to just under 4,000 cases in 2014.
Attracted by flavors like Skittles and Apple Jacks, curious children are often tempted to taste this liquid. Unfortunately, a single teaspoon of this liquid can be deadly to a child if it is either ingested or absorbed through the skin.
Since there are no safety packaging requirements currently under Federal law, children aren't hindered in any way from having access to this potentially lethal product. With vaping becoming even more popular across the country and with an estimated 36 percent of e-cigarette users not locking up bottles of liquid nicotine or using childproof caps, I fear these calls to the poison control centers will only continue to rise.
That is why the bill in front of us today is so important. Very simply, it solves the problem that we have by applying to liquid nicotine the existing childproofing requirements found in the Poison Prevention Act. We shield our children from hazardous products. Liquid nicotine should be no exception.
Now, I know that the FDA also plans to regulate in this space and some have expressed worry about the overlapping regulations that this bill might impose. I am hopeful that the savings clause that we have added to the bill will allay the fears of those skeptics since it explicitly allows the FDA to continue its regulatory authority.
There is a significant amount of debate about the FDA's authority in this area and when it will act. Regardless, since the FDA hasn't even produced a proposed rule yet, a final rule will likely not be finalized for over a year. That is a year of more calls to poison control centers across the country and a year of kids being needlessly exposed to an easily preventable danger. Let's solve the problem right now by passing this legislation and sending it to the President's desk today.
In closing, I express my thanks to my colleague, the gentlewoman from Connecticut (Ms. Esty). This is something that I know she has worked on for quite some time; so, I thank her for helping to spearhead this effort and for helping us to craft a bill that will protect children for generations to come.
Mr. Speaker, I reserve the balance of my time.