URGENT: Child-Resistant Packaging Rules Change

MEMBER ALERT: We were just made aware of a U.S. Consumer Product Safety Commission letter dated TODAY (July 22, 2016) with revised industry guidance on The Child Nicotine Poisoning Prevention Act of 2015 (CNPPA).

Today’s letter states, “Upon further legal analysis, CPSC staff has determined that the CNPPA applies to existing inventory on its effective date. Thus, beginning on July 26, 2016, the sale of liquid nicotine in non-compliant containers is prohibited. In a previous letter, U.S. Consumer Product Safety Commission (CPSC) staff stated that this requirement applies to products packaged after the effective date of July 26, 2016.”

SFATA is in touch with legal counsel and will provide an update.

Today’s letter (dated July 22, 2016)  

CSPC Letter JULY

The prior letter (dated June 7, 2016)

CSPC Letter

SFATA Member Guidance for Child Nicotine Poisoning Prevention Act of 2015

The Child Nicotine Poison Prevention Act of 2015 gives the Consumer Products Safety Commission (CPSC) authority over the packaging of liquid nicotine containers, which you can read here.

What it means for your business:
If you are a manufacturer, you need to request a GCC (General Certificate or Conformity) from your bottle manufacturer and copy of the testing protocols. You can review this sample testing protocol from Rock Bottom Bottles, LLC.  This certificate ensures that the manufacturer has gone through testing that would enable them to be compliant under 16 CFR 1700.15 testing standards and obtain the test results for such. The testing standards certificate should be available to you for verification. You will need to provide a GCC to all resellers of your e-liquid with your logo and company information (see example below).

If you are a retailer (only buy and sell e-liquid to your customers), you should obtain a GCC from your manufacturer, that references their brand, logo and company information on the certificate. This ensures they have the testing documentation proving their bottles are in compliance. Any inspector will verify testing documentation compliance with the manufacturer directly.

Please note the following:

  • An ISO-8317 certificate is not in compliance with this regulation and will not be admissible. Most Chinese manufacturers will try to give you this for compliance but this will not be admissible. Only Bottles meeting the US 16 CFR Title 16 Part 1700.20 standard will be approved
  • This only applies to products that were manufactured AFTER July 26th. If you have products that were manufactured prior to that date these requirements are not needed BUT you do need to be able to prove when it was manufactured. Without evidence it will be assumed they were manufactured after July 26th. ***CPSC has clarified their position and starting July 26, 2016, all products must be child-resistant regardless of manufacturing date. Read more on this change here.***
  • Please retain receipts from your bottle manufacturer that verifies your bottles match those the documentation references.
  • There will be a separate GCC required for glass and plastic bottles including those of different sizes.

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Sample General Certificate of Conformity
(insert your logo at top of page)

1.Identification of the product covered by this certificate (List what lines of liquid are covered by this GCC. You do not need to list specific flavors:):
Awesome Sauce Liquids
Bubbas Liquids

2. Citation to each CPSC product safety regulation to which this product is being certified:

16 CFR Title 16 Part 1700.20

3. Identification of the U.S. importer or domestic manufacturer certifying compliance of the product:

Big Bubbas Liquids
123 Main street
Dallas, Texas
941-555-5555

4. Contact information for the individual maintaining records of test results:
Big Bubbas Liquids
Bubba Johnson 941-555-5555
bubba@bigbubbas.com

5. Place where this product was manufactured:

Luqua Sijiazhuang Hebei Povince, China

6. Date and place where this product was tested for compliance with the regulation(s) cited:

Testing conducted from 09-12-2015 -10-3-2015
Chicago and south, west villages thereof

7. Identification of any third-party facility on whose testing the certificate depends:

Bitner Associates, Inc.
1001 Forest Trail Sugar Grove, IL 60554

STATEMENT FROM THE BOARD OF DIRECTORS OF THE SMOKE-FREE ALTERNATIVES TRADE ASSOCIATION

It is with much disappointment that we announce Cynthia Cabrera is stepping down as president and executive director for the Smoke-Free Alternatives Trade Association (SFATA). During her tenure, Cabrera has helped grow SFATA into the largest trade association representing and protecting the interests of the vapor industry, surpassing more than 1,000 business members while establishing 28 local chapters in 26 states throughout the country.

While we respect Cynthia’s decision to step down from her official position, we are currently in negotiations to continue our relationship with her moving forward as we transition to a new executive director.

At the same time, we are proud to announce the appointments of Cap O’Rourke as president and Schell Hammel as vice president. Working with the full board, these directors will lead in this transitional period as we continue the great work accomplished by Cynthia in helping achieve our organization’s goals at the federal and state levels, advocating for sensible regulations of vapor products in Congress and in various statehouses across the U.S.

SFATA remains committed to lobbying for passage of H.R. 2058 and the Bishop-Cole Amendment, legislation that will create a less costly market pathway of vapor products. We also will continue to work with our state lobbyists to help ensure that vapor products are not equated and taxed like combustible tobacco products.

Furthermore, the board is committed to improving transparency. As a result, we will be conducting a regularly scheduled meeting with agendas and will make the minutes available to members. During the next several weeks, we also will be examining our existing bylaws and make related changes to provide for better governance, oversight and communication.

SFATA is fully dedicated to its membership during this critical time in our organization and our industry, as we prepare our members to successfully navigate the new regulatory landscape and advocate for the preservation of vapor products as significant alternatives to combustible tobacco, not just for the millions of adult vapers that already made the switch to vaping, but that 40 million+ adult smokers still smoking.