Any Age & Identity Requirements For Local Delivery?
The Prevent All Cigarette Trafficking (PACT) Act, as amended to include Electronic Nicotine Delivery Systems (ENDS) in 2021, imposes strict regulations on remote sales (like online sales) of these products. These regulations mandate a dual factor verification process to prevent underage access and ensure tax compliance.
The PACT Act requires two distinct methods of age/identity verification for the sale and delivery of ENDS to consumers: *This only applies to orders placed for local delivery (coming soon).
1. Verification Before Sale (Age and Identity Authentication)
The Regulation:
Before accepting a delivery sale order from a consumer, the seller must:
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Obtain the full name, birth date, and residential address of the purchaser.
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Verify this information using a commercially available database or aggregate of databases regularly used by government and businesses for age and identity verification and authentication.
The Reasoning According to the Law:
This initial step is designed to act as a gatekeeper for the online purchase to ensure the customer is of legal age (currently 21+ nationwide for tobacco products, including ENDS). The reliance on a commercial third-party database is intended to provide an objective, real-time, and robust confirmation of the customer's identity and legal age, preventing a minor from simply entering a false birth date. It connects the digital transaction to a verified, real-world identity.
2. Verification Upon Delivery (Adult Signature and Government-Issued ID)
The Regulation:
The common carrier or other delivery service used for shipment must employ a method that requires:
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The purchaser (or another adult who is at least the minimum age required for the legal sale of ENDS at the place of delivery) to sign to accept delivery of the shipping container.
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The person accepting delivery must provide proof in the form of a valid, government-issued identification bearing a photograph of the individual, confirming they are at least the minimum legal age.
The Reasoning According to the Law:
This second step addresses the physical transfer of the product. The reasoning is twofold:
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Final Age Confirmation and Physical Presence: It ensures that the product is not left unattended (e.g., on a doorstep) where a minor could retrieve it, and that a verified adult is physically present to take possession.
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Increased Deterrent: Requiring a signature and a photo ID check at the point of delivery serves as a powerful final deterrent against minors attempting to circumvent the online age verification process, making the transaction essentially equivalent to an in-person, over-the-counter sale