Page:2021 North Dakota Session Laws.pdf/416

Criminal Code after producing valid government-issued identification that bears a photograph of the individual, indicates that the individual is not under the legal age to purchase cigarettes, and indicates that the individual is not younger than the age indicated on the government-issued document.

(2) The bill of lading clearly states the requirements in subdivision e and specifies that state law requires compliance with the requirements.

f. The person notifies the carrier for the mailing or shipping, in writing, of the age of the addressee as indicated by the government-issued document.

2. It is unlawful for any person in the business of selling electronic smoking devices or alternative nicotine products to take an order for an electronic smoking device or alternative nicotine product, other than from a person who is in the business of selling electronic smoking devices or alternative nicotine products through the mail or through any telecommunications means, including by telephone, facsimile, or the internet, if in providing for the sale or delivery of the product pursuant to the order, the person mails the product or ships the product by carrier, and the person fails to comply with each of the following procedures:

a. Before the sale of the electronic smoking device or alternative nicotine product verifies the purchaser is at least eighteentwenty-one years of age through a commercially available database that is regularly used by business or governmental entities for the purpose of age and identity verification; and

b. Uses a method of mailing, shipping, or delivery which requires an individual of legal minimum purchase age to sign for delivery before the electronic smoking device or alternative nicotine product is released to the purchaser.

3. As used in subsection 2, "electronic smoking devices" and "alternative nicotine products" have the same meaning as in section 12.1-31-03.

'''SECTION 5. EMERGENCY.''' This Act is declared to be an emergency measure.

Approved March 31, 2021

Filed April 1, 2021