§1472a Special packaging for liquid nicotine containers

Summary

Any liquid nicotine in a container that is sold, offered for sale, made for sale, shipped in commerce, or brought into the United States must be packaged to meet the Child-Resistant Packaging rules in 16 CFR 1700.15 and must be tested using the method in 16 CFR 1700.20, including later changes the Consumer Product Safety Commission (CPSC) adopts. The Secretary of Health and Human Services (HHS) still has the power to regulate nicotine products and their packaging under laws like the Federal Food, Drug, and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act and under FDA rulemakings (for example, the April 2014 rule, FDA–2014–N–0189, and the June 2015 rule, FDA–2015–N–1514). If HHS makes or enforces packaging rules for liquid nicotine containers, HHS must consult with the CPSC. The packaging requirement must be treated as a special household-substance packaging standard under section 3(a) of the Poison Prevention Packaging Act (15 U.S.C. 1472(a)). Definitions: Commission means the Consumer Product Safety Commission. Liquid nicotine container means a package that holds soluble nicotine of any concentration and from which nicotine can be reached during normal or foreseeable use. Liquid nicotine container does not include a sealed, prefilled, disposable cartridge or pod that is inserted into an e-cigarette or similar device if the nicotine cannot be accessed through ordinary or reasonably foreseeable handling or by children. Nicotine means any form of the chemical nicotine, including salts or complexes, whether natural or synthetic.