Page:United States Statutes at Large Volume 124.djvu/1121

 124 STAT. 1095 PUBLIC LAW 111–154—MAR. 31, 2010 each appropriate Federal, State, tribal, and local authority of the determination. ‘‘(F) CONFIDENTIALITY.—The list described in subpara- graph (A) shall be confidential, and any person receiving the list shall maintain the confidentiality of the list and may deliver the list, for enforcement purposes, to any government official or to any common carrier or other person that delivers tobacco products or small packages to consumers. Nothing in this section shall prohibit a common carrier, the United States Postal Service, or any other person receiving the list from discussing with a listed delivery seller the inclusion of the delivery seller on the list and the resulting effects on any services requested by the listed delivery seller. ‘‘(2) PROHIBITION ON DELIVERY.— ‘‘(A) IN GENERAL.—Commencing on the date that is 60 days after the date of the initial distribution or avail- ability of the list described in paragraph (1)(A), no person who receives the list under paragraph (1), and no person who delivers cigarettes or smokeless tobacco to consumers, shall knowingly complete, cause to be completed, or com- plete its portion of a delivery of any package for any person whose name and address are on the list, unless— ‘‘(i) the person making the delivery knows or believes in good faith that the item does not include cigarettes or smokeless tobacco; ‘‘(ii) the delivery is made to a person lawfully engaged in the business of manufacturing, distributing, or selling cigarettes or smokeless tobacco; or ‘‘(iii) the package being delivered weighs more than 100 pounds and the person making the delivery does not know or have reasonable cause to believe that the package contains cigarettes or smokeless tobacco. ‘‘(B) IMPLEMENTATION OF UPDATES.—Commencing on the date that is 30 days after the date of the distribution or availability of any updates or corrections to the list described in paragraph (1)(A), all recipients and all common carriers or other persons that deliver cigarettes or smoke- less tobacco to consumers shall be subject to subparagraph (A) in regard to the corrections or updates. ‘‘(3) EXEMPTIONS.— ‘‘(A) IN GENERAL.—Subsection (b)(2) and any require- ments or restrictions placed directly on common carriers under this subsection, including subparagraphs (A) and (B) of paragraph (2), shall not apply to a common carrier that— ‘‘(i) is subject to a settlement agreement described in subparagraph (B); or ‘‘(ii) if a settlement agreement described in subparagraph (B) to which the common carrier is a party is terminated or otherwise becomes inactive, is administering and enforcing policies and practices throughout the United States that are at least as strin- gent as the agreement. ‘‘(B) SETTLEMENT AGREEMENT.—A settlement agree- ment described in this subparagraph— Effective dates.