Page:United States Statutes at Large Volume 124.djvu/1131

 124 STAT. 1105 PUBLIC LAW 111–154—MAR. 31, 2010 as determined by applicable law at the place the individual is located. ‘‘(4) CERTAIN INDIVIDUALS.— ‘‘(A) IN GENERAL.—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a dam- aged or unacceptable tobacco product to the manufacturer. ‘‘(B) RULES.— ‘‘(i) IN GENERAL.—Not later than 180 days after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue a final rule which shall establish the standards and requirements that apply to all mailings described in subparagraph (A). ‘‘(ii) CONTENTS.—The final rule issued under clause (i) shall require— ‘‘(I) the United States Postal Service to verify that any person submitting an otherwise non- mailable tobacco product into the mails as author- ized under this paragraph is the individual identi- fied on the return address label of the package and is not a minor; ‘‘(II) for a mailing to an individual, the United States Postal Service to require the person submit- ting the otherwise nonmailable tobacco product into the mails as authorized by this paragraph to affirm that the recipient is not a minor; ‘‘(III) that any package mailed under this para- graph shall weigh not more than 10 ounces; ‘‘(IV) that any mailing described in subpara- graph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery; ‘‘(V) that a mailing described in subparagraph (A) shall not be delivered or placed in the posses- sion of any individual who has not been verified as not being a minor; ‘‘(VI) for a mailing described in subparagraph (A) to an individual, that the United States Postal Service shall deliver the package only to a recipient who is verified not to be a minor at the recipient address or transfer it for delivery to an Air/Army Postal Office or Fleet Postal Office number des- ignated in the recipient address; and ‘‘(VII) that no person may initiate more than 10 mailings described in subparagraph (A) during any 30-day period. ‘‘(C) DEFINITION.—In this paragraph, the term ‘minor’ means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located. ‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER TESTING BY MANUFACTURERS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), sub- section (a) shall not preclude a legally operating cigarette manufacturer or a legally authorized agent of a legally Deadline.