Statements on Introduced Bills and Joint Resolutionsby Senator Bill Nelson
Posted on 2015-01-08
NELSON (for himself, Ms. Ayotte, Mr. Bennet, Mr.
Blumenthal, Mrs. Boxer, Mr. Brown, Mr. Durbin, Mrs. Gillibrand,
Ms. Klobuchar, Mr. Markey, Mr. Merkley, Mr. Reed, Mr. Schatz,
and Mr. Schumer):
S. 142. A bill to require the Consumer Product Safety Commission to
promulgate a rule to require child safety packaging for liquid nicotine
containers, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. NELSON. Mr. President, we all recognize the danger that many hazardous chemicals and over-the-counter drugs pose to children. That's why we require child-resistant packaging for these substances to prevent accidental poisonings that could result in serious injury or death.
Unfortunately, there is no child-resistant packaging required for concentrated liquid nicotine, which can be toxic if ingested or even absorbed through the skin. According to the American Academy of Pediatrics, AAP, some of these small bottles of liquid nicotine contain a concentrated and deadly amount of the substance. The AAP notes that this small bottle contains enough nicotine to kill four small children. Just a few drops of the liquid [[Page S108]] splashed on a child's skin can make the child very ill.
The American Association of Poison Control Centers reports that poison control centers received 3,957 calls in 2014 related to liquid nicotine exposure. This is more than twice as many calls as in 2013, when AAPCC reported 1,543 calls related to liquid nicotine exposure.
Sadly, it was only a matter of time before one of these accidental nicotine poisonings resulted in death. This past December, a 1-year-old boy in New York State died after ingesting liquid nicotine in his home.
We have to do more to protect children from deadly accidents like this.
Today I am reintroducing the Child Nicotine Poisoning Prevention Act with Senators Ayotte, Bennet, Blumenthal, Boxer, Brown, Durbin, Gillibrand, Klobuchar, Markey, Merkley, Reed, Schatz, and Schumer to prevent these unnecessary tragedies. This common-sense legislation gives the U.S. Consumer Product Safety Commission, CPSC, authority and direction to issue rules requiring safer, child-resistant packaging for liquid nicotine products within 1 year of passage.
The CPSC already requires child-resistant packaging for many household products, including over-the-counter medicines and cleaning agents. These rules have prevented countless injuries and deaths to children. There is no reason why bottles of liquid nicotine should not be required to have child-resistant packaging as well.
I invite my colleagues to join us to support the Child Nicotine Poisoning Prevention Act. Last Congress, this legislation was reported out of the Commerce, Science, and Transportation Committee by voice vote. Continuing our work together this Congress, we can pass this bipartisan legislation and help prevent accidental child nicotine poisonings.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, 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. CHILD SAFETY PACKAGING FOR LIQUID NICOTINE CONTAINERS.
(a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission.
(2) Liquid nicotine container.--The term ``liquid nicotine container'' means a consumer product, as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) notwithstanding subparagraph (B) of such section, that consists of a container that-- (A) has an opening from which nicotine in a solution or other form is accessible and can flow freely through normal and foreseeable use by a consumer; and (B) is used to hold soluble nicotine in any concentration.
(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.
(4) Special packaging.--The term ``special packaging'' has the meaning given such term in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471).
(b) Required Use of Special Packaging for Liquid Nicotine Containers.-- (1) Rulemaking.-- (A) In general.--Notwithstanding section 3(a)(5)(B) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(B)) or section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate a rule requiring special packaging for liquid nicotine containers.
(B) Amendments.--The Commission may promulgate such amendments to the rule promulgated under subparagraph (A) as the Commission considers appropriate.
(2) Expedited process.--The Commission shall promulgate the rules under paragraph (1) in accordance with section 553 of title 5, United States Code.
(3) Inapplicability of certain rulemaking requirements.-- The following provisions shall not apply to a rulemaking under paragraph (1): (A) Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058).
(B) Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262).
(C) Subsections (b) and (c) of section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472).
(4) Savings clause.--Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the manufacture, marketing, sale, or distribution of liquid nicotine, liquid nicotine containers, electronic cigarettes, or similar products that contain or dispense liquid nicotine.
(5) Enforcement.--A rule promulgated under paragraph (1) shall be treated as a standard applicable to a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).