PRINTER'S NO. 654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
586
Session of
2015
INTRODUCED BY PASHINSKI, THOMAS, BOBACK, BISHOP, D. COSTA,
V. BROWN, DeLUCA, JAMES, MILLARD, COHEN, BROWNLEE, KORTZ,
MULLERY, HARHAI, MURT, WATERS, DAVIS, STURLA AND WATSON,
FEBRUARY 23, 2015
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 23, 2015
AN ACT
Providing for child-resistant packaging requirements for liquid
nicotine; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Liquid
Nicotine Packaging Requirements Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child-resistant packaging." Packaging that is designed or
constructed to be significantly difficult for children under
five years of age to open or obtain a toxic or harmful amount of
the substance contained therein within a reasonable time and not
difficult for adults to use properly, but does not mean
packaging which all such children cannot open or obtain a toxic
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or harmful amount within a reasonable time.
"Nicotine liquid container." A bottle or other container of
a nicotine liquid or other substance containing nicotine which
is sold, marketed or intended for use in a tobacco substitute.
The term does not include a container containing nicotine in a
cartridge that is sold, marketed or intended for use in a
tobacco substitute if the cartridge is prefilled and sealed by
the manufacturer and not intended to be opened by the consumer.
Section 3. Liquid nicotine; packaging.
Unless specifically preempted by Federal law, no person shall
manufacture, regardless of location, for sale in this
Commonwealth, or sell or offer for sale in this Commonwealth, or
otherwise introduce into the stream of commerce in this
Commonwealth, any of the following:
(1) A liquid or gel substance containing nicotine unless
that product is contained in child-resistant packaging.
(2) A nicotine liquid container unless that container
constitutes child-resistant packaging.
Section 4. Restraining prohibited acts.
Whenever the Attorney General or a district attorney has
reason to believe that any person is engaging or about to engage
in conduct prohibited under section 3, and that proceedings
would be in the public interest, the Attorney General or
district attorney may bring an action in the name of the
Commonwealth against the person to restrain by temporary or
permanent injunction the prohibited conduct.
Section 5. Civil penalties.
In any action brought under section 4, if the court finds
that a person is engaging or has willfully engaged in conduct
prohibited by section 3, the Attorney General or the appropriate
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district attorney, acting in the name of the Commonwealth, may
recover, on behalf of the Commonwealth, a civil penalty of not
more than $1,000 per violation.
Section 6. Criminal penalties.
(a) Summary offense.--Any person who violates section 3
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of not less than $100 and nor more than
$1,000.
(b) Second or subsequent offense.--Any person who, within
two years after a conviction under subsection (a), violates
section 3 commits a misdemeanor of the third degree and shall,
upon conviction, be sentenced to pay a fine of not less than
$1,000 nor more than $10,000 per day for each violation or to
imprisonment for a period of not more than one year, or both.
(c) Violations to be separate offense.--Each violation of
section 3 shall constitute a separate offense under subsections
(a) and (b).
Section 7. Concurrent remedies.
The penalties and remedies prescribed by this act shall be
deemed concurrent, and the existence of or exercise of any
remedy shall not prevent the exercise of any other remedy under
this act.
Section 8. Effective date.
This act shall take effect in 60 days.
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