View all text of Chapter 39 A [§ 1471 - § 1477]
§ 1472a. Special packaging for liquid nicotine containers
(a) Requirement
(b) Savings clause
(1) In general
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—
(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
(c) Applicability
(d) Definitions
In this section:
(1) Commission
(2) Liquid nicotine container
(A) In general
Notwithstanding section 1261(f)(2) of this title and section 2052(a)(5) of this title, 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
(3) Nicotine
(Pub. L. 114–116, § 2, Jan. 28, 2016, 130 Stat. 3.)