Title 44
Taxation

Chapter 20.1
Delivery Sales of Cigarettes

§ 44-20.1-3. Age Verification requirements. [Effective until January 1, 2025.]

(a) No person shall mail, ship, or otherwise deliver cigarettes in connection with a delivery sale unless such person prior to the first delivery sale to such consumer:

(1) Obtains from the prospective consumer a certification that includes:

(i) A reliable confirmation that the consumer is at least the legal minimum purchase age; and

(ii) A statement signed by the prospective consumer in writing that certifies the prospective consumer’s address and that the consumer is at least eighteen (18) years of age. Such statement shall also confirm:

(A) That the prospective consumer understands that signing another person’s name to such certification is illegal;

(B) That the sale of cigarettes to individuals under the legal minimum purchase age is illegal;

(C) That the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of the state; and

(D) That the prospective consumer wants to receive mailings from a tobacco company;

(2) Makes a good faith effort to verify the information contained in the certification provided by the prospective consumer pursuant to subsection (1) against a commercially available database, or obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;

(3) Provides to the prospective consumer, via e-mail or other means, a notice that meets the requirements of § 44-20.1-4; and

(4) In the case of an order for cigarettes pursuant to an advertisement on the Internet, receives payment for the delivery sale from the prospective consumer by a credit or debit card that has been issued in such consumer’s name or by check.

(b) Persons accepting purchase orders for delivery sales may request that the prospective consumers provide their e-mail addresses.

§ 44-20.1-3. Age verification requirements. [Effective January 1, 2025.]

(a) No person, including but not limited to online retailers, shall mail, ship, or otherwise deliver cigarettes, other tobacco products, or electronic nicotine-delivery systems in connection with a delivery sale unless such person prior to the first delivery sale to such purchaser:

(1) Obtains from the prospective purchaser a certification that includes:

(i) A reliable confirmation that the purchaser is at least the legal minimum sales age; and

(ii) A statement signed by the prospective purchaser in writing that certifies the prospective purchaser’s address and that the purchaser is at least twenty-one (21) years of age. Such statement shall also confirm:

(A) That the prospective purchaser understands that signing another person’s name to such certification is illegal;

(B) That the sale of cigarettes to individuals under the legal minimum sales age is illegal; and

(C) [Deleted by P.L. 2024, ch. 117, art. 6, § 19.]

(D) That the prospective consumer wants to receive mailings from a tobacco company;

(2) Makes a good faith effort to verify the information contained in the certification provided by the prospective consumer pursuant to subsection (a)(1) of this section against a commercially available database, or obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;

(3) Provides to the prospective purchaser, via e-mail or other means, a notice that meets the requirements of § 44-20.1-4; and

(4) In the case of an order for cigarettes and/or other tobacco products, and/or electronic nicotine-delivery system products pursuant to an advertisement on the internet, receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in such purchaser’s name or by check.

(b) Persons accepting purchase orders for delivery sales may request that the prospective purchasers provide their e-mail addresses.

(c) The division of taxation, in consultation with the department of health, may promulgate rules and regulations pertaining to this section.