Signed into effect in December 2020, the PACT Act has been extended to cover all electronic nicotine delivery systems (ENDs) from March 2021. This includes e-cigarettes and vaping products. Although the impact will initially be felt mostly by retailers and private carriers, as a customer, the services you receive will be affected, too. One reason for this is because you will no longer be able to receive your vapor products through USPS. Read on to find out how more about what this will mean for you.
OBLIGATIONS UNDER THE PACT ACT
Retailers of tobacco products have had to comply by certain regulations since the Jenkins Act came into effect in 1949. Under the PACT Act of 2009, these obligations were extended to online and remote sellers of tobacco products as well. From March 2021, retailers of smokeless tobacco products will have to comply with the following regulations:
§Register with the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
§Report all sales to a tobacco tax administrator by the 10th of each month.
USPS ENDS MAILING RULES
In February, the USPS published a list of rules governing the shipping of tobacco products that will come into effect on the date of the final rule. Although there are some exceptions, for the most part, these do not apply to end consumers. Below is the list of exemptions:
§Interstate shipments outside of the contiguous United States – i.e., to Hawaii or Alaska.
§Shipments between authorized businesses in the tobacco industry.
§Shipments between businesses and federal or state agencies.
§Shipments between two individuals who are of age – however, these are limited to 10 within a 30-day period.
§Limited shipments sent to adult customers from authorized distributors for testing purposes.
§Limited shipments by state and federal agencies for public health purposes.
The USPS is unable to deliver vapor products for any other purpose, such as when a customer makes a purchase from an online retailer. In that case, the retailer will have to engage the services of a private carrier.
REGULATIONS FOR PRIVATE CARRIERS MAILING VAPE PRODUCTS
Although private carriers are able to work with retailers to get vape products to their customers, there are strict regulations to follow. These include:
§Strict age verification process upon delivery of parcel with a government-issued photo ID.
§Retaining of customer information for up to a period of 5 years.
§Parcels must be clearly labelled with contents and highlight the customer’s obligation to pay all applicable taxes.
§Parcels must weigh no more than 10 pounds.