Bill Text: NJ S383 | 2010-2011 | Regular Session | Amended
Bill Title: Establishes requirements for non face-to-face sales of cigarettes and tobacco products.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-02-18 - Referred to Senate Budget and Appropriations Committee [S383 Detail]
Download: New_Jersey-2010-S383-Amended.html
SENATE, No. 383
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Burlington, Mercer, Monmouth and Ocean)
Senator ANTHONY R. BUCCO
District 25 (Morris)
Co-Sponsored by:
Senator Weinberg
SYNOPSIS
Establishes requirements for non face-to-face sales of cigarettes and tobacco products.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on February 18, 2010, with amendments.
An Act concerning certain retail sales of cigarettes and tobacco products, amending P.L.2005, c.85 and supplementing P.L.1990, c.39 (C.54:40B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2005, c.85 (C.54:40A-49) is amended to read as follows:
4. A person shall not engage in a retail sale of cigarettes in this State unless the sale is a face-to-face sale, except that a person may engage in a non-face-to-face sale of cigarettes to a person in this State if the following conditions are met:
a. The seller has fully complied with all of the requirements of the Jenkins Act, 15 U.S.C.s.375 et seq., for shipments to this State;
b. The seller has verified payment of, paid, or collected all applicable State taxes, including the cigarette taxes imposed by the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.) and the sales or use taxes imposed by the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.), due on the cigarettes; and
c. The seller has, before mailing or shipping the cigarettes:
(1) obtained from the purchaser reliable confirmation that the purchaser is at least 19 years old and a statement by the purchaser under penalty of perjury certifying the purchaser's date of birth and address, as well as a statement signed by the purchaser that the purchaser understands that providing false information may constitute a violation of law and that it is a violation of law to purchase a tobacco product for subsequent resale or delivery to a person who is less than 19 years old;
(2) made a good faith effort to verify the information contained in the certification provided by the purchaser against a commercially available database or has obtained a photocopy or other image of a government-issued identification bearing the purchaser's image and stating the date of birth or age of the purchaser;
(3) requested that the purchaser provide his e-mail address, and received payment for the sale from the prospective purchaser by a credit or debit card that has been issued in the purchaser's name or by check; [and]
(4) verified that a credit or debit card used for payment has been issued in the purchaser's name, and the address to which the cigarettes are being shipped matches the credit or debit card company's address for the cardholder[.
Sellers taking an order for a
non-face-to-face sale may request
that prospective purchasers provide their e-mail addresses.] ; and
(5) attached a label to the package in which the cigarettes are to be mailed or shipped which clearly indicates that the contents are cigarettes; and
d. The seller files a copy of a memorandum or the invoice for each non-face-to-face sale with the Division of Taxation in the Department of the Treasury that provides for each sale the name and address of the purchaser and the brand and quantity of cigarettes sold, in a manner and according to a schedule established by regulation of the Director of the Division of Taxation; except that a seller that meets the requirements of the Jenkins Act, 15 U.S.C.s.375 et seq., shall be deemed to meet the requirements of this subsection.
e. A tobacco product sold or attempted to be sold in such a manner as to violate the provisions of this section shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S.2C:64-1 et seq.
(cf: P.L.2005, c.384, s.7)
2. (New section) a. Except as provided herein, a person shall not engage in a retail sale of a tobacco product in this State unless the sale is a face-to-face sale.
b. A person may engage in a non-face-to-face sale of tobacco products to a person in this State if the following conditions are met:
(1) The seller has fully complied with all of the requirements of the Jenkins Act, 15 U.S.C.s.375 et seq., as may apply to the sale of a tobacco product, for shipments to this State;
(2) The seller has verified payment of, paid, or collected all applicable State taxes;
(3) The seller has, before mailing or shipping the tobacco product:
(a) obtained from the purchaser reliable confirmation that the purchaser is at least 19 years old and a statement by the purchaser under penalty of perjury certifying the purchaser's date of birth and address, as well as a statement signed by the purchaser that the purchaser understands that providing false information may constitute a violation of law and that it is a violation of law to purchase a tobacco product for subsequent resale or delivery to a person who is less than 19 years old;
(b) made a good faith effort to verify the information contained in the certification provided by the purchaser against a commercially available database or has obtained a photocopy or other image of a government-issued identification bearing the purchaser's image and stating the date of birth or age of the purchaser;
(c) requested that the purchaser provide the purchaser's e-mail address, and received payment for the sale from the prospective purchaser by a credit or debit card that has been issued in the purchaser's name or by check;
(d) verified that a credit or debit card used for payment has been issued in the purchaser's name, and the address to which the tobacco products are being shipped matches the credit or debit card company's address for the cardholder; and
(e) attached a label to the package in which the tobacco product is to be mailed or shipped which clearly indicates that the contents is a tobacco product; and
(4) The seller files a copy of a memorandum or the invoice for each non-face-to-face sale with the Division of Taxation in the Department of the Treasury that provides for each sale the name and address of the purchaser and the brand and quantity of each tobacco product sold, in a manner and according to a schedule established by regulation of the Director of the Division of Taxation; except that a seller that meets the requirements of the Jenkins Act, 15 U.S.C.s.375 et seq., as may apply to tobacco products, shall be deemed to meet the requirements of this subsection.
c. Nothing in this section shall relieve the seller of a tobacco product from any other applicable requirement of law relating to the sale of that product.
d. A tobacco product sold or attempted to be sold in such a manner as to violate the provisions of this section shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S.2C:64-1 et seq.
e. As used in this section1[,"face-to-face sale"] :
(1) "Face-to-face sale"1 means a sale in which the purchaser is in the physical presence of the seller or the seller's employee or agent at the time of the sale. A face-to-face sale does not include any transaction conducted by mail order, the Internet, telephone, or any other anonymous transaction method in which the purchaser is not in the seller's physical presence or the physical presence of the seller's employee or agent at the time of the sale1; and
(2) "Tobacco product" means any product containing any tobacco for personal consumption including, but not limited to, cigars, little cigars, cigarillos, chewing tobacco, pipe tobacco, smoking tobacco and their substitutes, and dry and moist snuff, but does not include cigarette as defined in section 102 of the "Cigarette Tax Act," P.L.1948, c.65 (C.54:40A-1 et seq.)1.
f. The Director of the Division of Taxation shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the purposes of this section.
3. This act shall take effect on the first day of the sixth month after enactment and apply to shipments made on and after that date, except that the Director of the Division of Taxation may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.
