Title 44
Taxation

Chapter 20.1
Delivery Sales of Cigarettes

§ 44-20.1-3. Age verification requirements.

(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.

§ 44-20.1-3. Age verification requirements.

(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 purchaser 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 purchaser 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.