{"identifier":"/us/usc/t15/s1472a","title":15,"num":"\u00a7\u202f1472a.","heading":"Special packaging for liquid nicotine containers","text":"\u00a7\u202f1472a.\nSpecial packaging for liquid nicotine containers\n(a)\nRequirement\nNotwithstanding\nsection 1261(f)(2) of this title\nsection 2052(a)(5) of this title\n(b)\nSavings clause\n(1)\nIn general\nNothing 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 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\u2014\n(A) authority under the Federal Food, Drug, and Cosmetic Act (\n21 U.S.C. 301\nPublic Law 111\u201331\n(B) authority for the rulemaking entitled \u201cDeeming 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\u201d (April 2014) (FDA\u20132014\u2013N\u20130189), the rulemaking entitled \u201cNicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products\u201d (June 2015) (FDA\u20132015\u2013N\u20131514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers.\n(2)\nConsultation\nIf 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 section and the Poison Prevention Packaging Act of 1970 (\n15 U.S.C. 1471\n(c)\nApplicability\nNotwithstanding\nsection 2052(a)(5) of this title\nsection 1261(f)(2) of this title\n15 U.S.C. 1472(a)\n(d)\nDefinitions\nIn this section:\n(1)\nCommission\nThe term \u201cCommission\u201d means the Consumer Product Safety Commission.\n(2)\nLiquid nicotine container\n(A)\nIn general\nNotwithstanding\n(i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and\n(ii) that is used to hold soluble nicotine in any concentration.\n(B)\nExclusion\nThe term \u201cliquid nicotine container\u201d 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.\n(3)\nNicotine\nThe term \u201cnicotine\u201d means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.","url":"https://projectusc.org/usc/t15/s1472a.html","content":[{"t":"sec","id":"/us/usc/t15/s1472a","children":[{"t":"num","text":"\u00a7\u202f1472a."},{"t":"heading","text":"Special packaging for liquid nicotine containers"},{"t":"subsec","id":"/us/usc/t15/s1472a/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Requirement"},{"t":"content","children":[{"t":"p","text":"Notwithstanding ","children":[{"t":"ref","text":"section 1261(f)(2) of this title","href":"/us/usc/t15/s1261/f/2","tail":" and "},{"t":"ref","text":"section 2052(a)(5) of this title","href":"/us/usc/t15/s2052/a/5","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s1472a/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Savings clause"},{"t":"para","id":"/us/usc/t15/s1472a/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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 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\u2014"},{"t":"subpara","id":"/us/usc/t15/s1472a/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" authority under the Federal Food, Drug, and Cosmetic Act (","children":[{"t":"ref","text":"21 U.S.C. 301","href":"/us/usc/t21/s301","tail":" et seq.) and the Family Smoking Prevention and Tobacco Control Act ("},{"t":"ref","text":"Public Law 111\u201331","href":"/us/pl/111/31","tail":") and the amendments made by such Act; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s1472a/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" authority for the rulemaking entitled \u201cDeeming 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\u201d (April 2014) (FDA\u20132014\u2013N\u20130189), the rulemaking entitled \u201cNicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products\u201d (June 2015) (FDA\u20132015\u2013N\u20131514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1472a/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Consultation"},{"t":"content","children":[{"t":"p","text":"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 section and the Poison Prevention Packaging Act of 1970 (","children":[{"t":"ref","text":"15 U.S.C. 1471","href":"/us/usc/t15/s1471","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s1472a/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Applicability"},{"t":"content","children":[{"t":"p","text":"Notwithstanding ","children":[{"t":"ref","text":"section 2052(a)(5) of this title","href":"/us/usc/t15/s2052/a/5","tail":" and "},{"t":"ref","text":"section 1261(f)(2) of this title","href":"/us/usc/t15/s1261/f/2","tail":", 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 ("},{"t":"ref","text":"15 U.S.C. 1472(a)","href":"/us/usc/t15/s1472/a","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s1472a/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t15/s1472a/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Commission"},{"t":"content","children":[{"t":"p","text":"The term \u201cCommission\u201d means the Consumer Product Safety Commission.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1472a/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Liquid nicotine container"},{"t":"subpara","id":"/us/usc/t15/s1472a/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Notwithstanding ","children":[{"t":"ref","text":"section 1261(f)(2) of this title","href":"/us/usc/t15/s1261/f/2","tail":" and "},{"t":"ref","text":"section 2052(a)(5) of this title","href":"/us/usc/t15/s2052/a/5","tail":", the term \u201cliquid nicotine container\u201d means a package (as defined in section 2 of the Poison Prevention Packaging Act of 1970 ("},{"t":"ref","text":"15 U.S.C. 1471","href":"/us/usc/t15/s1471","tail":"))\u2014"}]},{"t":"clause","id":"/us/usc/t15/s1472a/d/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s1472a/d/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" that is used to hold soluble nicotine in any concentration.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s1472a/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusion"},{"t":"content","children":[{"t":"p","text":"The term \u201cliquid nicotine container\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1472a/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Nicotine"},{"t":"content","children":[{"t":"p","text":"The term \u201cnicotine\u201d means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}