Page:United States Statutes at Large Volume 124.djvu/1123

 124 STAT. 1097 PUBLIC LAW 111–154—MAR. 31, 2010 enforcement official or tax administrator of any State, local, or tribal government. ‘‘(C) CONFIDENTIALITY.—Any person receiving records under subparagraph (B) shall— ‘‘(i) use the records solely for the purposes of the enforcement of this Act and the collection of any taxes owed on related sales of cigarettes and smokeless tobacco; and ‘‘(ii) keep confidential any personal information in the records not otherwise required for such purposes. ‘‘(5) PREEMPTION.— ‘‘(A) IN GENERAL.—No State, local, or tribal govern- ment, nor any political authority of 2 or more State, local, or tribal governments, may enact or enforce any law or regulation relating to delivery sales that restricts deliveries of cigarettes or smokeless tobacco to consumers by common carriers or other delivery services on behalf of delivery sellers by— ‘‘(i) requiring that the common carrier or other delivery service verify the age or identity of the con- sumer accepting the delivery by requiring the person who signs to accept delivery of the shipping container to provide proof, in the form of a valid, government- issued identification bearing a photograph of the indi- vidual, that the person is at least the minimum age required for the legal sale or purchase of tobacco prod- ucts, as determined by either State or local law at the place of delivery; ‘‘(ii) requiring that the common carrier or other delivery service obtain a signature from the consumer accepting the delivery; ‘‘(iii) requiring that the common carrier or other delivery service verify that all applicable taxes have been paid; ‘‘(iv) requiring that packages delivered by the common carrier or other delivery service contain any particular labels, notice, or markings; or ‘‘(v) prohibiting common carriers or other delivery services from making deliveries on the basis of whether the delivery seller is or is not identified on any list of delivery sellers maintained and distributed by any entity other than the Federal Government. ‘‘(B) RELATIONSHIP TO OTHER LAWS.—Except as pro- vided in subparagraph (C), nothing in this paragraph shall be construed to nullify, expand, restrict, or otherwise amend or modify— ‘‘(i) section 14501(c)(1) or 41713(b)(4) of title 49, United States Code; ‘‘(ii) any other restrictions in Federal law on the ability of State, local, or tribal governments to regulate common carriers; or ‘‘(iii) any provision of State, local, or tribal law regulating common carriers that is described in section 14501(c)(2) or 41713(b)(4)(B) of title 49 of the United States Code. ‘‘(C) STATE LAWS PROHIBITING DELIVERY SALES.—