N.D. Cent. Code § 12.1-31-03.2

Current through 2023 Legislative Sessions
Section 12.1-31-03.2 - [Contingent expiration date - See note] Child-resistant packaging for liquid nicotine containers
1. Any nicotine liquid container that is sold at retail in this state must satisfy the child-resistant effectiveness standards set forth in title 16, CFR, part 1700, section 15(b)(1), when tested in accordance with the method described in title 16, CFR, part 1700, section 20.
2. As used in this section, "nicotine liquid container" means a bottle or other container of a liquid or other substance containing nicotine in which the liquid or substance is sold, marketed, or intended for use in an electronic smoking device. The term does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed, or intended for use in an electronic smoking device, provided that the cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
3. Any person that engages in retail sales of liquid nicotine containers in violation of this section is subject to a civil penalty of not more than five hundred dollars for each separate violation of this section, to be recovered by any enforcement authority designated by the city or political subdivision in which the violation occurred.

N.D.C.C. § 12.1-31-03.2

Added by S.L. 2015 , ch. 111( HB 1186 ), § 3, eff. 8/1/2015 and effective until the date the attorney general certifies to the legislative council that final regulations issued by the U.S. food and drug administration or another federal agency are in effect which mandate child-resistant effectiveness standards for liquid nicotine containers.
See S.L. 2015 , ch. 111( HB 1186 ), § 6.