Bill Text: WV HB2083 | 2021 | Regular Session | Introduced
Bill Title: Relating to age verification requirements for delivery sales of tobacco
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-10 - To House Prevention and Treatment of Substance Abuse [HB2083 Detail]
Download: West_Virginia-2021-HB2083-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2083
By Delegate Rohrbach
[Introduced February 10, 2021; Referred to the Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources]
A BILL to amend and reenact §16-9E-1, §16-9E-2, and §16-9E-3 of the Code of West Virginia, 1931, as amended, all relating to age verification requirements for delivery sales of tobacco, tobacco products, alternative nicotine products, or vapor products.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9E. DELIVERY SALES OF TOBACCO.
§16-9E-1. Definitions.
For purposes of this article:
(a) “Adult” means a person who is at least the legal
minimum purchase age, as defined by §16-9A-2 of this code.
“Alternative nicotine product” means the same as prescribed in §16-9A-2 of this code.
(b) “Consumer” means
an individual who does not hold a business registration certificate in this
state for the business of selling tobacco products as a wholesale or retail
dealer.
(c) “Delivery sale” means any sale of cigarettes tobacco,
tobacco products, alternative nicotine products, or vapor products to a
consumer in this state where either: (1) The purchaser submits the order for
such sale by means of a telephonic or other method of voice transmission, the
mails or any other delivery service, or the Internet or other online service;
or (2) the cigarettes tobacco, tobacco products, alternative nicotine
products, or vapor products are delivered by use of the mails or a delivery
service. A sale of cigarettes tobacco, tobacco products, alternative
nicotine products, or vapor products shall be a delivery sale regardless of
whether or not the seller is located within this state. A sale of cigarettes
tobacco, tobacco products, alternative nicotine products, or vapor products
not for personal consumption to a person who holds a business registration
certificate as a wholesale dealer or a retail dealer shall not be a delivery
sale.
(d) “Delivery service” means any person who is engaged in
the commercial delivery of letters, packages, or other containers.
(e) “Department” means the State Tax Department.
(f) “Legal minimum purchase age” is at least 18 years of
age as defined by §16-9A-2 of this code for the purchase of cigarettes tobacco,
tobacco products, alternative nicotine products, or vapor products in this state.
(g) “Mails” or “mailing” means the shipment of cigarettes
tobacco, tobacco products, alternative nicotine products, or vapor products
through the United States postal service or other delivery service as defined
in this section.
(h) “Shipping container” means a container in which cigarettes
tobacco, tobacco products, alternative nicotine products, or vapor products
are shipped in connection with a delivery sale.
(i) “Shipping documents” means bills of lading, airbills,
or any other documents used to evidence the undertaking by a delivery service
to deliver letters, packages, or other containers.
“Tobacco product” and “tobacco-derived product” means the same as prescribed in §16-9A-2 of this code.
“Vapor product” means the same prescribed in §16-9A-2 of this code.
§16-9E-2. Requirements for delivery sales.
(a) No person shall make a
delivery sale of cigarettes tobacco, tobacco products, alternative
nicotine products, or vapor products to any individual who is under the
legal minimum purchase age in this state.
(b) Each person accepting a purchase order for a delivery sale shall comply with:
(1) The age verification requirements set forth in section three of this article;
(2) The disclosure requirements set forth in §16-9E-3(a)(3) of this code;
(3) The shipping requirements set forth in section four of this article;
(4) The registration and reporting requirements set forth in section five of this article;
(5) The tax collection requirements set forth in section six of this article; and
(6) All other laws of this state generally applicable to sales of cigarettes that occur entirely within this state, including, but not limited to, those laws imposing: (i) Excise taxes; (ii) sales taxes; (iii) license and revenue-stamping requirements; and (iv) escrow or other payment obligations.
§16-9E-3. Age verification requirements.
(a) No person shall mail,
ship, or otherwise deliver cigarettes tobacco, tobacco products,
alternative nicotine products, or vapor products in connection with a
delivery sale unless prior to the first delivery sale to a consumer, the
person:
(1) Obtains from the
prospective consumer a certification that includes a reliable confirmation that
the consumer is at least the legal minimum purchase age and a statement signed
by the prospective consumer in writing that certifies the prospective
consumer's address and that the consumer is at least 18 years of age. The
statement shall also confirm: (i) That the prospective consumer understands
that it is illegal to sign another person's name to the certification; (ii)
that the sale of cigarettes tobacco, tobacco
products, alternative nicotine products, or vapor products to
individuals under the legal minimum purchase age is illegal; and (iii) that the
purchase of cigarettes by individuals under the legal minimum purchase age is
illegal under the laws of this state;
(2) Verifies the information contained in the certification provided by the prospective consumer against an appropriate database of government records available to the distributor or seller, or obtains simultaneous with the certificate as provided for in subdivision (1), 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) Sends to the
prospective consumer, via e-mail or other means, a notice that contains: (A) A
prominent and clearly legible statement that cigarettes tobacco,
tobacco products, alternative nicotine products, or vapor products sales to
a consumer below the legal minimum purchase age is illegal; (B) a prominent and
clearly legible statement that consists of one of the warnings set forth in
section 4(a)(1) of the federal Cigarette Labeling and Advertising Act, 15
U.S.C. §1333(a)(1), rotated on a quarterly basis; (C) a prominent and clearly
legible statement that sales of cigarettes tobacco, tobacco products,
alternative nicotine products, or vapor products are restricted to those
consumers who provide verifiable proof of age in accordance with section three
of this article; and (D) a prominent and clearly legible statement that cigarettes
tobacco, tobacco products, alternative nicotine products, or vapor products
sales are subject to excise and sales taxes in this state, and an explanation
of how such taxes have been, or are to be, paid with respect to the delivery
sale.
(4) In the case of an order
for cigarettes tobacco, tobacco products, alternative nicotine
products, or vapor products pursuant to an advertisement on the Internet,
receives payment for the delivery sale from the prospective consumer by a
credit or debit card or check that has been issued in the consumer's name.
(b) Persons accepting purchase orders for delivery sales may request that prospective consumers provide their e-mail addresses.
(c) A delivery for tobacco, tobacco products, alternative nicotine products, or vapor products transported by a delivery service shall certify that the customer is above the legal minimum purchase age in this state. This shall be certified by checking the customer’s state-issued photo identification.
NOTE: The purpose of this bill is to mandate that mail carriers check photo identification when delivering tobacco, tobacco related products, alternative nicotine products, or vapor products.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
