Current as of January 01, 2019 | Updated by FindLaw Staff
(a) No liquid, whether or not such liquid contains nicotine, that is intended for human consumption and used in an electronic nicotine-delivery system, as defined in § 11-9-13.4 , shall be sold unless the liquid is contained in child-resistant packaging.
(b) Any liquid nicotine container that is sold at retail in this state must satisfy the child-resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b) , when tested in accordance with the method described in 16 C.F.R. § 1700.20 . All licensees under § 23-1-56 shall ensure that any liquid sold by the licensee intended for human consumption and used in an electronic-nicotine delivery system, as defined in § 11-9-13.4 , is sold in a liquid nicotine container that meets the requirements described and referenced in this subsection.
(c) For the purposes of this section, “liquid nicotine container” means a bottle or other container of a liquid or other substance where the liquid or substance is sold, marketed, or intended for use in a vapor product. A “liquid nicotine container” does not include a liquid or other substance in a cartridge that is sold, marketed, or intended for use in a vapor product, provided that such cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.
(d) Any licensee or any person required to be licensed under § 23-1-56 who or that fails to comply with this section shall be subject to the penalties provided in § 11-9-13.13 .
(e) The licensee is responsible for all violations of this section that occur at the location for which the license is issued.
(f) No licensee or person shall be found in violation of this section if the licensee or person relied in good faith on documentation provided by or attributed to the manufacturer of the packaging of the aforementioned liquid that such packaging meets the requirements of this section.
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