Page:United States Statutes at Large Volume 124.djvu/1117

 124 STAT. 1091 PUBLIC LAW 111–154—MAR. 31, 2010 any personal information in the memorandum or invoice except as required for such purposes.’’. (c) REQUIREMENTS FOR DELIVERY SALES.—The Jenkins Act is amended by inserting after section 2 the following: ‘‘SEC. 2A. DELIVERY SALES. ‘‘(a) IN GENERAL.—With respect to delivery sales into a specific State and place, each delivery seller shall comply with— ‘‘(1) the shipping requirements set forth in subsection (b); ‘‘(2) the recordkeeping requirements set forth in subsection (c); ‘‘(3) all State, local, tribal, and other laws generally applicable to sales of cigarettes or smokeless tobacco as if the delivery sales occurred entirely within the specific State and place, including laws imposing— ‘‘(A) excise taxes; ‘‘(B) licensing and tax-stamping requirements; ‘‘(C) restrictions on sales to minors; and ‘‘(D) other payment obligations or legal requirements relating to the sale, distribution, or delivery of cigarettes or smokeless tobacco; and ‘‘(4) the tax collection requirements set forth in subsection (d). ‘‘(b) SHIPPING AND PACKAGING.— ‘‘(1) REQUIRED STATEMENT.—For any shipping package con- taining cigarettes or smokeless tobacco, the delivery seller shall include on the bill of lading, if any, and on the outside of the shipping package, on the same surface as the delivery address, a clear and conspicuous statement providing as follows: ‘CIGARETTES/SMOKELESS TOBACCO: FEDERAL LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING OBLIGATIONS’. ‘‘(2) FAILURE TO LABEL.—Any shipping package described in paragraph (1) that is not labeled in accordance with that paragraph shall be treated as nondeliverable matter by a common carrier or other delivery service, if the common carrier or other delivery service knows or should know the package contains cigarettes or smokeless tobacco. If a common carrier or other delivery service believes a package is being submitted for delivery in violation of paragraph (1), it may require the person submitting the package for delivery to establish that it is not being sent in violation of paragraph (1) before accepting the package for delivery. Nothing in this paragraph shall require the common carrier or other delivery service to open any package to determine its contents. ‘‘(3) WEIGHT RESTRICTION.—A delivery seller shall not sell, offer for sale, deliver, or cause to be delivered in any single sale or single delivery any cigarettes or smokeless tobacco weighing more than 10 pounds. ‘‘(4) AGE VERIFICATION.— ‘‘(A) IN GENERAL.—A delivery seller who mails or ships tobacco products— ‘‘(i) shall not sell, deliver, or cause to be delivered any tobacco products to a person under the minimum age required for the legal sale or purchase of tobacco 15 USC 376a.