Page:United States Statutes at Large Volume 124.djvu/1133

 124 STAT. 1107 PUBLIC LAW 111–154—MAR. 31, 2010 ‘‘(aa) the manufacturer or the legally authorized agent of the manufacturer has verified that the recipient is an adult estab- lished smoker; ‘‘(bb) the recipient has not made any pay- ment for the cigarettes; ‘‘(cc) the recipient has signed a written statement that is in effect indicating that the recipient wishes to receive the mailings; and ‘‘(dd) the manufacturer or the legally authorized agent of the manufacturer has offered the opportunity for the recipient to withdraw the written statement described in item (cc) not less frequently than once in every 3-month period; ‘‘(III) the legally operating cigarette manufac- turer or the legally authorized agent of the manu- facturer submitting the cigarettes into the mails under this paragraph to affirm that any package mailed under this paragraph contains not more than 12 packs of cigarettes (240 cigarettes) on which all taxes levied on the cigarettes by the State and locality of delivery have been paid and all related State tax stamps or other tax-payment indicia have been applied; ‘‘(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) the United States Postal Service to main- tain records relating to a mailing described in subparagraph (A) during the 3-year period begin- ning on the date of the mailing and make the information available to persons enforcing this sec- tion; ‘‘(VI) that any mailing described in subpara- graph (A) be marked with a United States Postal Service label or marking that makes it clear to employees of the United States Postal Service that it is a permitted mailing of otherwise nonmailable tobacco products that may be delivered only to the named recipient after verifying that the recipient is an adult; and ‘‘(VII) the United States Postal Service shall deliver a mailing described in subparagraph (A) only to the named recipient and only after verifying that the recipient is an adult. ‘‘(D) DEFINITIONS.—In this paragraph— ‘‘(i) the term ‘adult’ means an individual who is not less than 21 years of age; and ‘‘(ii) the term ‘consumer testing’ means testing lim- ited to formal data collection and analysis for the spe- cific purpose of evaluating the product for quality assurance and benchmarking purposes of cigarette brands or sub-brands among existing adult smokers. ‘‘(6) FEDERAL GOVERNMENT AGENCIES.—An agency of the Federal Government involved in the consumer testing of tobacco Records. Time period.