Even with all of the talk about the recent deadline to have all liquid nicotine containers in your store compliant with the “Child Nicotine Poisoning Act of 2015”, there still seems to be confusion about the requirements of the law. Below is a common sense approach to compliance and what’s required to follow the law.
As of July 27th, 2016, the law requires that any bottle that contains nicotine in your store is required to meet the CPSC’s standards and testing procedures for special packaging (summary of public law no: 114-116 : 01/28/2016 BELOW). This is the easiest part to comply with. It simply means that all bottles of eLiquid in your store need a child resistant cap (CRC). But not just any child resistant bottle cap, CRC(s) need to meet the standards of the Consumer Product Safety Commission (CPSC). So what does that mean and how do you prove that? The CPSC expects that a vape store has access to a General Certificate of Conformity (GCC) for each brand, flavor, and bottle size that your store stocks. A GCC is a document provided by the manufacturers of eLiquids, is required to have the company naame and logo at the top and lists these 7 facts:
1. Identification of the product covered by
2. Citation to each CPSC product safety
regulation to which this product is being
3. Identification of the U.S. importer or
domestic manufacturer certifying
compliance of the product.
4. Contact information for the individual
maintaining records of test results.
5. Date and place where this product was
6. Date and place where this product was
tested for compliance with the regulation(s)
7. Identification of any third-party facility on
whose testing the certificate depends.
Below is a Sample GCC:
It’s important that you are able to access a GCC for any brand you carry if the CPSC visits your store. That can mean that it is accessible on the web, you have them electronically on your computer, or on printed paper organized in a binder on hand. GCC(s) are required to be updated per production run.
Another issue that seems to confuse a lot of retailers and manufacturers is whether a manufacturer can include NON-CRC-Compliant caps (mustard caps, NON-CRC bottles & caps) with nicotine containers that are compliant. I spoke to an CPSC compliance officer who clarified that the answer is “NO, they cannot be contained in the same packaging and provided with the product as one SKU. A non-compliant cap can be sold separately as an after-market product”. I have heard of stores opening product boxes and taking out the non-compliant caps. This is where there seems to be some gray area. I would be concerned that doing so might cause you potential liability as a tobacco manufacturer (please contact your attorney to discuss).
If anyone would like a copy of the letter from the CPSC visit www.vonvape.com/cpscorrespondence
Let me end by saying” “I am not a lawyer, this is not legal advice, you should contact your attorney to discuss your specific situation and issues”. SVBS
Summary of the Child Nicotine Poisoning Prevention Act of 2015 (SMALL PRINT)
Public Law No: 114-116 (01/28/2016)
(Sec. 2) This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission’s (CPSC’s) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970.
“Liquid nicotine container” is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration; and (2) exclude 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.
The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement.
Joshua Unger is a managing partner at Von Vape Premium Label eLiquids. Joshua & his partners founded Von Vape with his partner in Sarasota Florida, in 2014. Von Vape markets multiple eLIquid flavors under it Von Vape, Courage Vape & Conviction eLiquid brands. Von Vape manufactures its eLiquids at Molecule Labs, in an ISO7 Cleanroom & lab. Von Vape has always strived to create the highest quality, best flavored eLiquid available.