Page:United States Statutes at Large Volume 124.djvu/1125

 124 STAT. 1099 PUBLIC LAW 111–154—MAR. 31, 2010 received by the Attorney General of the United States; and ‘‘(B) distribute any list or update described in subpara- graph (A) to any common carrier or other person who makes deliveries of cigarettes or smokeless tobacco that has been identified and submitted by a government pursu- ant to paragraph (6). ‘‘(8) NOTICE TO DELIVERY SELLERS.—Not later than 14 days before including any delivery seller on the initial list described in paragraph (1)(A), or on an update to the list for the first time, the Attorney General of the United States shall make a reasonable attempt to send notice to the delivery seller by letter, electronic mail, or other means that the delivery seller is being placed on the list or update, with that notice citing the relevant provisions of this Act. ‘‘(9) LIMITATIONS.— ‘‘(A) IN GENERAL.—Any common carrier or other person making a delivery subject to this subsection shall not be required or otherwise obligated to— ‘‘(i) determine whether any list distributed or made available under paragraph (1) is complete, accurate, or up-to-date; ‘‘(ii) determine whether a person ordering a delivery is in compliance with this Act; or ‘‘(iii) open or inspect, pursuant to this Act, any package being delivered to determine its contents. ‘‘(B) ALTERNATE NAMES.—Any common carrier or other person making a delivery subject to this subsection— ‘‘(i) shall not be required to make any inquiries or otherwise determine whether a person ordering a delivery is a delivery seller on the list described in paragraph (1)(A) who is using a different name or address in order to evade the related delivery restric- tions; and ‘‘(ii) shall not knowingly deliver any packages to consumers for any delivery seller on the list described in paragraph (1)(A) who the common carrier or other delivery service knows is a delivery seller who is on the list and is using a different name or address to evade the delivery restrictions of paragraph (2). ‘‘(C) PENALTIES.—Any common carrier or person in the business of delivering packages on behalf of other persons shall not be subject to any penalty under section 14101(a) of title 49, United States Code, or any other provision of law for— ‘‘(i) not making any specific delivery, or any deliv- eries at all, on behalf of any person on the list described in paragraph (1)(A); ‘‘(ii) refusing, as a matter of regular practice and procedure, to make any deliveries, or any deliveries in certain States, of any cigarettes or smokeless tobacco for any person or for any person not in the business of manufacturing, distributing, or selling cigarettes or smokeless tobacco; or ‘‘(iii) delaying or not making a delivery for any person because of reasonable efforts to comply with this Act. Deadline.