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H.R. 3242, Child Nicotine Poisoning Prevention Act of 2015 1 (November 17, 2015)

handle is hein.congrec/cbo2670 and id is 1 raw text is: 




                 CONGRESSIONAL BUDGET OFFICE
                            COST ESTIMATE

                                                               November  17, 2015


                                  H.R.   3242
              Child Nicotine  Poisoning   Prevention  Act  of 2015

        As ordered reported by the House Committee on Energy and Commerce
                              on September 30, 2015


H.R. 3242 would direct the Consumer Product Safety Commission (CPSC) to develop
regulations requiring special packaging for liquid nicotine containers. CBO estimates that
implementing the bill would cost about $1 million over the 2016-2020 period, assuming
the availability of appropriated funds. Enacting the legislation would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates
that enacting H.R. 3242 would not increase net direct spending or on-budget deficits in
any of the four consecutive 10-year periods beginning in 2026.

Under the bill, the CPSC would require liquid nicotine containers to be packaged in a
way that would make it difficult for children younger than five years to open or to obtain
a harmful amount of the enclosed substance. Based on information from the agency,
CBO  estimates that the cost of developing the regulation and conducting compliance
testing would total about $1 million over the next five years.

H.R. 3242 contains an intergovernmental mandate as defined in Unfunded Mandates
Reform Act (UMRA)   because it would preempt some state laws that are inconsistent with
regulations adopted by the CPSC governing child-resistant packaging for containers
holding liquid nicotine. The preemption would have a limited effect on state laws because
the majority of those laws conform to the standards outlined in the bill. While the
mandate would limit the application of those state laws, it would impose no duty on states
that would result in additional spending or a loss of revenues. Consequently, CBO
estimates that the cost of the mandate, if any, would fall well below the threshold
established in UMRA for intergovernmental mandates ($77 million in 2015, adjusted
annually for inflation).

The legislation would impose a private-sector mandate, as defined in UMRA, on
manufacturers of consumer products containing liquid nicotine. The bill would require
those manufacturers to use special packaging for such products to make them child
resistant. The cost of this mandate would be the incremental cost of using packaging that
would comply with the standard established by the CPSC. Based on data from
representatives of affected manufacturers about the number of products sold annually and

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