PACT Act
PL 111-154 (S.1147), enacted 03/31/2010

124 STAT. 1087 
PUBLIC LAW 111–154—MAR. 31, 2010 
Public Law 111–154 
111th Congress 
An Act 
To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Prevent All 
Cigarette Trafficking Act of 2009’’ or ‘‘PACT Act’’. 
(b) FINDINGS.—Congress finds that— 
(1) the sale of illegal cigarettes and smokeless tobacco 
products significantly reduces Federal, State, and local govern-
ment revenues, with Internet sales alone accounting for billions 
of dollars of lost Federal, State, and local tobacco tax revenue 
each year; 
(2) Hezbollah, Hamas, al Qaeda, and other terrorist 
organizations have profited from trafficking in illegal cigarettes 
or counterfeit cigarette tax stamps; 
(3) terrorist involvement in illicit cigarette trafficking will 
continue to grow because of the large profits such organizations 
can earn; 
(4) the sale of illegal cigarettes and smokeless tobacco 
over the Internet, and through mail, fax, or phone orders, 
makes it cheaper and easier for children to obtain tobacco 
products; 
(5) the majority of Internet and other remote sales of 
cigarettes and smokeless tobacco are being made without ade-
quate precautions to protect against sales to children, without 
the payment of applicable taxes, and without complying with 
the nominal registration and reporting requirements in existing 
Federal law; 
(6) unfair competition from illegal sales of cigarettes and 
smokeless tobacco is taking billions of dollars of sales away 
from law-abiding retailers throughout the United States; 
(7) with rising State and local tobacco tax rates, the incen-
tives for the illegal sale of cigarettes and smokeless tobacco 
have increased; 
(8) the number of active tobacco investigations being con-
ducted by the Bureau of Alcohol, Tobacco, Firearms, and Explo-
sives rose to 452 in 2005; 
(9) the number of Internet vendors in the United States 
and in foreign countries that sell cigarettes and smokeless 
tobacco to buyers in the United States increased from only 
about 40 in 2000 to more than 500 in 2005; and 
15 USC 375 note. 
15 USC 375 note. 
Prevent All 
Cigarette 
Trafficking Act of 
2009. 
Mar. 31, 2010 
[S. 1147] 
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124 STAT. 1088 
PUBLIC LAW 111–154—MAR. 31, 2010 
(10) the intrastate sale of illegal cigarettes and smokeless 
tobacco over the Internet has a substantial effect on interstate 
commerce. 
(c) PURPOSES.—It is the purpose of this Act to— 
(1) require Internet and other remote sellers of cigarettes 
and smokeless tobacco to comply with the same laws that 
apply to law-abiding tobacco retailers; 
(2) create strong disincentives to illegal smuggling of 
tobacco products; 
(3) provide government enforcement officials with more 
effective enforcement tools to combat tobacco smuggling; 
(4) make it more difficult for cigarette and smokeless 
tobacco traffickers to engage in and profit from their illegal 
activities; 
(5) increase collections of Federal, State, and local excise 
taxes on cigarettes and smokeless tobacco; and 
(6) prevent and reduce youth access to inexpensive ciga-
rettes and smokeless tobacco through illegal Internet or contra-
band sales. 
SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO 
TAXES. 
(a) DEFINITIONS.—The Act of October 19, 1949 (15 U.S.C. 375 
et seq.; commonly referred to as the ‘‘Jenkins Act’’) (referred to 
in this Act as the ‘‘Jenkins Act’’), is amended by striking the 
first section and inserting the following: 
‘‘SECTION 1. DEFINITIONS. 
‘‘As used in this Act, the following definitions apply: 
‘‘(1) ATTORNEY GENERAL.—The term ‘attorney general’, with 
respect to a State, means the attorney general or other chief 
law enforcement officer of the State. 
‘‘(2) CIGARETTE.— 
‘‘(A) IN GENERAL.—The term ‘cigarette’— 
‘‘(i) has the meaning given that term in section 
2341 of title 18, United States Code; and 
‘‘(ii) includes roll-your-own tobacco (as defined in 
section 5702 of the Internal Revenue Code of 1986). 
‘‘(B) EXCEPTION.—The term ‘cigarette’ does not include 
a cigar (as defined in section 5702 of the Internal Revenue 
Code of 1986). 
‘‘(3) COMMON CARRIER.—The term ‘common carrier’ means 
any person (other than a local messenger service or the United 
States Postal Service) that holds itself out to the general public 
as a provider for hire of the transportation by water, land, 
or air of merchandise (regardless of whether the person actually 
operates the vessel, vehicle, or aircraft by which the transpor-
tation is provided) between a port or place and a port or 
place in the United States. 
‘‘(4) CONSUMER.—The term ‘consumer’— 
‘‘(A) means any person that purchases cigarettes or 
smokeless tobacco; and 
‘‘(B) does not include any person lawfully operating 
as a manufacturer, distributor, wholesaler, or retailer of 
cigarettes or smokeless tobacco. 
‘‘(5) DELIVERY SALE.—The term ‘delivery sale’ means any 
sale of cigarettes or smokeless tobacco to a consumer if— 
15 USC 375. 
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124 STAT. 1089 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(A) the consumer submits the order for the sale by 
means of a telephone or other method of voice transmission, 
the mails, or the Internet or other online service, or the 
seller is otherwise not in the physical presence of the 
buyer when the request for purchase or order is made; 
or 
‘‘(B) the cigarettes or smokeless tobacco are delivered 
to the buyer by common carrier, private delivery service, 
or other method of remote delivery, or the seller is not 
in the physical presence of the buyer when the buyer 
obtains possession of the cigarettes or smokeless tobacco. 
‘‘(6) DELIVERY SELLER.—The term ‘delivery seller’ means 
a person who makes a delivery sale. 
‘‘(7) INDIAN COUNTRY.—The term ‘Indian country’— 
‘‘(A) has the meaning given that term in section 1151 
of title 18, United States Code, except that within the 
State of Alaska that term applies only to the Metlakatla 
Indian Community, Annette Island Reserve; and 
‘‘(B) includes any other land held by the United States 
in trust or restricted status for one or more Indian tribes. 
‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, ‘tribe’, or ‘tribal’ 
refers to an Indian tribe as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450b(e)) or as listed pursuant to section 104 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
479a–1). 
‘‘(9) INTERSTATE COMMERCE.— 
‘‘(A) IN
GENERAL.—The term ‘interstate commerce’ 
means commerce between a State and any place outside 
the State, commerce between a State and any Indian 
country in the State, or commerce between points in the 
same State but through any place outside the State or 
through any Indian country. 
‘‘(B) INTO A STATE, PLACE, OR LOCALITY.—A sale, ship-
ment, or transfer of cigarettes or smokeless tobacco that 
is made in interstate commerce, as defined in this para-
graph, shall be deemed to have been made into the State, 
place, or locality in which such cigarettes or smokeless 
tobacco are delivered. 
‘‘(10) PERSON.—The term ‘person’ means an individual, cor-
poration, company, association, firm, partnership, society, State 
government, local government, Indian tribal government, 
governmental organization of such a government, or joint stock 
company. 
‘‘(11) STATE.—The term ‘State’ means each of the several 
States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any territory or possession 
of the United States. 
‘‘(12) SMOKELESS TOBACCO.—The term ‘smokeless tobacco’ 
means any finely cut, ground, powdered, or leaf tobacco, or 
other product containing tobacco, that is intended to be placed 
in the oral or nasal cavity or otherwise consumed without 
being combusted. 
‘‘(13) TOBACCO TAX ADMINISTRATOR.—The term ‘tobacco tax 
administrator’ means the State, local, or tribal official duly 
authorized to collect the tobacco tax or administer the tax 
law of a State, locality, or tribe, respectively. 
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124 STAT. 1090 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(14) USE.—The term ‘use’ includes the consumption, stor-
age, handling, or disposal of cigarettes or smokeless tobacco.’’. 
(b) REPORTS TO STATE TOBACCO TAX ADMINISTRATORS.—Section 
2 of the Jenkins Act (15 U.S.C. 376) is amended— 
(1) by striking ‘‘cigarettes’’ each place it appears and 
inserting ‘‘cigarettes or smokeless tobacco’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1)— 
(i) by inserting ‘‘CONTENTS.—’’ after ‘‘(a)’’; 
(ii) by striking ‘‘or transfers’’ and inserting ‘‘, trans-
fers, or ships’’; 
(iii) by inserting ‘‘, locality, or Indian country of 
an Indian tribe’’ after ‘‘a State’’; 
(iv) by striking ‘‘to other than a distributor licensed 
by or located in such State,’’; and 
(v) by striking ‘‘or transfer and shipment’’ and 
inserting ‘‘, transfer, or shipment’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘with the tobacco tax administrator 
of the State’’ and inserting ‘‘with the Attorney General 
of the United States and with the tobacco tax adminis-
trators of the State and place’’; and 
(ii) by striking ‘‘; and’’ and inserting the following: 
‘‘, as well as telephone numbers for each place of busi-
ness, a principal electronic mail address, any website 
addresses, and the name, address, and telephone 
number of an agent in the State authorized to accept 
service on behalf of the person;’’; 
(C) in paragraph (2), by striking ‘‘and the quantity 
thereof.’’ and inserting ‘‘the quantity thereof, and the name, 
address, and phone number of the person delivering the 
shipment to the recipient on behalf of the delivery seller, 
with all invoice or memoranda information relating to spe-
cific customers to be organized by city or town and by 
zip code; and’’; and 
(D) by adding at the end the following: 
‘‘(3) with respect to each memorandum or invoice filed 
with a State under paragraph (2), also file copies of the memo-
randum or invoice with the tobacco tax administrators and 
chief law enforcement officers of the local governments and 
Indian tribes operating within the borders of the State that 
apply their own local or tribal taxes on cigarettes or smokeless 
tobacco.’’; 
(3) in subsection (b)— 
(A) by inserting ‘‘PRESUMPTIVE EVIDENCE.—’’ after 
‘‘(b)’’; 
(B) by striking ‘‘(1) that’’ and inserting ‘‘that’’; and 
(C) by striking ‘‘, and (2)’’ and all that follows and 
inserting a period; and 
(4) by adding at the end the following: 
‘‘(c) USE OF INFORMATION.—A tobacco tax administrator or chief 
law enforcement officer who receives a memorandum or invoice 
under paragraph (2) or (3) of subsection (a) shall use the memo-
randum or invoice solely for the purposes of the enforcement of 
this Act and the collection of any taxes owed on related sales 
of cigarettes and smokeless tobacco, and shall keep confidential 
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124 STAT. 1091 
PUBLIC LAW 111–154—MAR. 31, 2010 
any personal information in the memorandum or invoice except 
as required for such purposes.’’. 
(c) REQUIREMENTS FOR DELIVERY SALES.—The Jenkins Act is 
amended by inserting after section 2 the following: 
‘‘SEC. 2A. DELIVERY SALES. 
‘‘(a) IN GENERAL.—With respect to delivery sales into a specific 
State and place, each delivery seller shall comply with— 
‘‘(1) the shipping requirements set forth in subsection (b); 
‘‘(2) the recordkeeping requirements set forth in subsection 
(c); 
‘‘(3) all State, local, tribal, and other laws generally 
applicable to sales of cigarettes or smokeless tobacco as if 
the delivery sales occurred entirely within the specific State 
and place, including laws imposing— 
‘‘(A) excise taxes; 
‘‘(B) licensing and tax-stamping requirements; 
‘‘(C) restrictions on sales to minors; and 
‘‘(D) other payment obligations or legal requirements 
relating to the sale, distribution, or delivery of cigarettes 
or smokeless tobacco; and 
‘‘(4) the tax collection requirements set forth in subsection 
(d). 
‘‘(b) SHIPPING AND PACKAGING.— 
‘‘(1) REQUIRED STATEMENT.—For any shipping package con-
taining cigarettes or smokeless tobacco, the delivery seller shall 
include on the bill of lading, if any, and on the outside of 
the shipping package, on the same surface as the delivery 
address, a clear and conspicuous statement providing as follows: 
‘CIGARETTES/SMOKELESS 
TOBACCO: 
FEDERAL 
LAW 
REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE 
TAXES, 
AND 
COMPLIANCE 
WITH 
APPLICABLE 
LICENSING AND TAX-STAMPING OBLIGATIONS’. 
‘‘(2) FAILURE TO LABEL.—Any shipping package described 
in paragraph (1) that is not labeled in accordance with that 
paragraph shall be treated as nondeliverable matter by a 
common carrier or other delivery service, if the common carrier 
or other delivery service knows or should know the package 
contains cigarettes or smokeless tobacco. If a common carrier 
or other delivery service believes a package is being submitted 
for delivery in violation of paragraph (1), it may require the 
person submitting the package for delivery to establish that 
it is not being sent in violation of paragraph (1) before accepting 
the package for delivery. Nothing in this paragraph shall 
require the common carrier or other delivery service to open 
any package to determine its contents. 
‘‘(3) WEIGHT RESTRICTION.—A delivery seller shall not sell, 
offer for sale, deliver, or cause to be delivered in any single 
sale or single delivery any cigarettes or smokeless tobacco 
weighing more than 10 pounds. 
‘‘(4) AGE VERIFICATION.— 
‘‘(A) IN GENERAL.—A delivery seller who mails or ships 
tobacco products— 
‘‘(i) shall not sell, deliver, or cause to be delivered 
any tobacco products to a person under the minimum 
age required for the legal sale or purchase of tobacco 
15 USC 376a. 
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124 STAT. 1092 
PUBLIC LAW 111–154—MAR. 31, 2010 
products, as determined by the applicable law at the 
place of delivery; 
‘‘(ii) shall use a method of mailing or shipping 
that requires— 
‘‘(I) the purchaser placing the delivery sale 
order, or an adult who is at least the minimum 
age required for the legal sale or purchase of 
tobacco products, as determined by the applicable 
law at the place of delivery, to sign to accept 
delivery of the shipping container at the delivery 
address; and 
‘‘(II) the person who signs to accept delivery 
of the shipping container to provide proof, in the 
form of a valid, government-issued identification 
bearing a photograph of the individual, that the 
person is at least the minimum age required for 
the legal sale or purchase of tobacco products, 
as determined by the applicable law at the place 
of delivery; and 
‘‘(iii) shall not accept a delivery sale order from 
a person without— 
‘‘(I) obtaining the full name, birth date, and 
residential address of that person; and 
‘‘(II) verifying the information provided in sub-
clause (I), through the use of a commercially avail-
able database or aggregate of databases, consisting 
primarily of data from government sources, that 
are regularly used by government and businesses 
for the purpose of age and identity verification 
and authentication, to ensure that the purchaser 
is at least the minimum age required for the legal 
sale or purchase of tobacco products, as determined 
by the applicable law at the place of delivery. 
‘‘(B) LIMITATION.—No database being used for age and 
identity verification under subparagraph (A)(iii) shall be 
in the possession or under the control of the delivery seller, 
or be subject to any changes or supplementation by the 
delivery seller. 
‘‘(c) RECORDS.— 
‘‘(1) IN GENERAL.—Each delivery seller shall keep a record 
of any delivery sale, including all of the information described 
in section 2(a)(2), organized by the State, and within the State, 
by the city or town and by zip code, into which the delivery 
sale is so made. 
‘‘(2) RECORD RETENTION.—Records of a delivery sale shall 
be kept as described in paragraph (1) until the end of the 
4th full calendar year that begins after the date of the delivery 
sale. 
‘‘(3) ACCESS FOR OFFICIALS.—Records kept under paragraph 
(1) shall be made available to tobacco tax administrators of 
the States, to local governments and Indian tribes that apply 
local or tribal taxes on cigarettes or smokeless tobacco, to 
the attorneys general of the States, to the chief law enforcement 
officers of the local governments and Indian tribes, and to 
the Attorney General of the United States in order to ensure 
the compliance of persons making delivery sales with the 
requirements of this Act. 
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124 STAT. 1093 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(d) DELIVERY.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
no delivery seller may sell or deliver to any consumer, or 
tender to any common carrier or other delivery service, any 
cigarettes or smokeless tobacco pursuant to a delivery sale 
unless, in advance of the sale, delivery, or tender— 
‘‘(A) any cigarette or smokeless tobacco excise tax that 
is imposed by the State in which the cigarettes or smokeless 
tobacco are to be delivered has been paid to the State; 
‘‘(B) any cigarette or smokeless tobacco excise tax that 
is imposed by the local government of the place in which 
the cigarettes or smokeless tobacco are to be delivered 
has been paid to the local government; and 
‘‘(C) any required stamps or other indicia that the 
excise tax has been paid are properly affixed or applied 
to the cigarettes or smokeless tobacco. 
‘‘(2) EXCEPTION.—Paragraph (1) does not apply to a delivery 
sale of smokeless tobacco if the law of the State or local govern-
ment of the place where the smokeless tobacco is to be delivered 
requires or otherwise provides that delivery sellers collect the 
excise tax from the consumer and remit the excise tax to 
the State or local government, and the delivery seller complies 
with the requirement. 
‘‘(e) LIST
OF
UNREGISTERED
OR
NONCOMPLIANT
DELIVERY 
SELLERS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) INITIAL LIST.—Not later than 90 days after this 
subsection goes into effect under the Prevent All Cigarette 
Trafficking Act of 2009, the Attorney General of the United 
States shall compile a list of delivery sellers of cigarettes 
or smokeless tobacco that have not registered with the 
Attorney General of the United States pursuant to section 
2(a), or that are otherwise not in compliance with this 
Act, and— 
‘‘(i) distribute the list to— 
‘‘(I) the attorney general and tax administrator 
of every State; 
‘‘(II) common carriers and other persons that 
deliver small packages to consumers in interstate 
commerce, including the United States Postal 
Service; and 
‘‘(III) any other person that the Attorney Gen-
eral of the United States determines can promote 
the effective enforcement of this Act; and 
‘‘(ii) publicize and make the list available to any 
other person engaged in the business of interstate 
deliveries or who delivers cigarettes or smokeless 
tobacco in or into any State. 
‘‘(B) LIST
CONTENTS.—To the extent known, the 
Attorney General of the United States shall include, for 
each delivery seller on the list described in subparagraph 
(A)— 
‘‘(i) all names the delivery seller uses or has used 
in the transaction of its business or on packages deliv-
ered to customers; 
Deadline. 
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124 STAT. 1094 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(ii) all addresses from which the delivery seller 
does or has done business, or ships or has shipped 
cigarettes or smokeless tobacco; 
‘‘(iii) the website addresses, primary e-mail 
address, and phone number of the delivery seller; and 
‘‘(iv) any other information that the Attorney Gen-
eral of the United States determines would facilitate 
compliance with this subsection by recipients of the 
list. 
‘‘(C) UPDATING.—The Attorney General of the United 
States shall update and distribute the list described in 
subparagraph (A) at least once every 4 months, and may 
distribute the list and any updates by regular mail, elec-
tronic mail, or any other reasonable means, or by providing 
recipients with access to the list through a nonpublic 
website that the Attorney General of the United States 
regularly updates. 
‘‘(D) 
STATE, 
LOCAL, 
OR
TRIBAL
ADDITIONS.—The 
Attorney General of the United States shall include in 
the list described in subparagraph (A) any noncomplying 
delivery sellers identified by any State, local, or tribal 
government under paragraph (6), and shall distribute the 
list to the attorney general or chief law enforcement official 
and the tax administrator of any government submitting 
any such information, and to any common carriers or other 
persons who deliver small packages to consumers identified 
by any government pursuant to paragraph (6). 
‘‘(E) ACCURACY AND COMPLETENESS OF LIST OF NONCOM-
PLYING DELIVERY SELLERS.—In preparing and revising the 
list described in subparagraph (A), the Attorney General 
of the United States shall— 
‘‘(i) use reasonable procedures to ensure maximum 
possible accuracy and completeness of the records and 
information relied on for the purpose of determining 
that a delivery seller is not in compliance with this 
Act; 
‘‘(ii) not later than 14 days before including a 
delivery seller on the list, make a reasonable attempt 
to send notice to the delivery seller by letter, electronic 
mail, or other means that the delivery seller is being 
placed on the list, which shall cite the relevant provi-
sions of this Act and the specific reasons for which 
the delivery seller is being placed on the list; 
‘‘(iii) provide an opportunity to the delivery seller 
to challenge placement on the list; 
‘‘(iv) investigate each challenge described in clause 
(iii) by contacting the relevant Federal, State, tribal, 
and local law enforcement officials, and provide the 
specific findings and results of the investigation to 
the delivery seller not later than 30 days after the 
date on which the challenge is made; and 
‘‘(v) if the Attorney General of the United States 
determines that the basis for including a delivery seller 
on the list is inaccurate, based on incomplete informa-
tion, or cannot be verified, promptly remove the 
delivery seller from the list as appropriate and notify 
Determination. 
Notification. 
Deadline. 
Deadline. 
Notice. 
Distribution. 
Deadlines. 
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124 STAT. 1095 
PUBLIC LAW 111–154—MAR. 31, 2010 
each appropriate Federal, State, tribal, and local 
authority of the determination. 
‘‘(F) CONFIDENTIALITY.—The list described in subpara-
graph (A) shall be confidential, and any person receiving 
the list shall maintain the confidentiality of the list and 
may deliver the list, for enforcement purposes, to any 
government official or to any common carrier or other 
person that delivers tobacco products or small packages 
to consumers. Nothing in this section shall prohibit a 
common carrier, the United States Postal Service, or any 
other person receiving the list from discussing with a listed 
delivery seller the inclusion of the delivery seller on the 
list and the resulting effects on any services requested 
by the listed delivery seller. 
‘‘(2) PROHIBITION ON DELIVERY.— 
‘‘(A) IN GENERAL.—Commencing on the date that is 
60 days after the date of the initial distribution or avail-
ability of the list described in paragraph (1)(A), no person 
who receives the list under paragraph (1), and no person 
who delivers cigarettes or smokeless tobacco to consumers, 
shall knowingly complete, cause to be completed, or com-
plete its portion of a delivery of any package for any person 
whose name and address are on the list, unless— 
‘‘(i) the person making the delivery knows or 
believes in good faith that the item does not include 
cigarettes or smokeless tobacco; 
‘‘(ii) the delivery is made to a person lawfully 
engaged in the business of manufacturing, distributing, 
or selling cigarettes or smokeless tobacco; or 
‘‘(iii) the package being delivered weighs more than 
100 pounds and the person making the delivery does 
not know or have reasonable cause to believe that 
the package contains cigarettes or smokeless tobacco. 
‘‘(B) IMPLEMENTATION OF UPDATES.—Commencing on 
the date that is 30 days after the date of the distribution 
or availability of any updates or corrections to the list 
described in paragraph (1)(A), all recipients and all common 
carriers or other persons that deliver cigarettes or smoke-
less tobacco to consumers shall be subject to subparagraph 
(A) in regard to the corrections or updates. 
‘‘(3) EXEMPTIONS.— 
‘‘(A) IN GENERAL.—Subsection (b)(2) and any require-
ments or restrictions placed directly on common carriers 
under this subsection, including subparagraphs (A) and 
(B) of paragraph (2), shall not apply to a common carrier 
that— 
‘‘(i) is subject to a settlement agreement described 
in subparagraph (B); or 
‘‘(ii) if a settlement agreement described in 
subparagraph (B) to which the common carrier is a 
party is terminated or otherwise becomes inactive, is 
administering and enforcing policies and practices 
throughout the United States that are at least as strin-
gent as the agreement. 
‘‘(B) SETTLEMENT
AGREEMENT.—A settlement agree-
ment described in this subparagraph— 
Effective dates. 
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124 STAT. 1096 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(i) is a settlement agreement relating to tobacco 
product deliveries to consumers; and 
‘‘(ii) includes— 
‘‘(I) the Assurance of Discontinuance entered 
into by the Attorney General of New York and 
DHL Holdings USA, Inc. and DHL Express (USA), 
Inc. on or about July 1, 2005, the Assurance of 
Discontinuance entered into by the Attorney Gen-
eral of New York and United Parcel Service, Inc. 
on or about October 21, 2005, and the Assurance 
of Compliance entered into by the Attorney Gen-
eral of New York and Federal Express Corporation 
and FedEx Ground Package Systems, Inc. on or 
about February 3, 2006, if each of those agree-
ments is honored throughout the United States 
to block illegal deliveries of cigarettes or smokeless 
tobacco to consumers; and 
‘‘(II) any other active agreement between a 
common carrier and a State that operates through-
out the United States to ensure that no deliveries 
of cigarettes or smokeless tobacco shall be made 
to consumers or illegally operating Internet or 
mail-order sellers and that any such deliveries 
to consumers shall not be made to minors or with-
out payment to the States and localities where 
the consumers are located of all taxes on the 
tobacco products. 
‘‘(4) SHIPMENTS FROM PERSONS ON LIST.— 
‘‘(A) IN
GENERAL.—If a common carrier or other 
delivery service delays or interrupts the delivery of a pack-
age in the possession of the common carrier or delivery 
service because the common carrier or delivery service 
determines or has reason to believe that the person 
ordering the delivery is on a list described in paragraph 
(1)(A) and that clauses (i), (ii), and (iii) of paragraph (2)(A) 
do not apply— 
‘‘(i) the person ordering the delivery shall be obli-
gated to pay— 
‘‘(I) the common carrier or other delivery 
service as if the delivery of the package had been 
timely completed; and 
‘‘(II) if the package is not deliverable, any 
reasonable additional fee or charge levied by the 
common carrier or other delivery service to cover 
any extra costs and inconvenience and to serve 
as a disincentive against such noncomplying 
delivery orders; and 
‘‘(ii) if the package is determined not to be deliver-
able, the common carrier or other delivery service shall 
offer to provide the package and its contents to a 
Federal, State, or local law enforcement agency. 
‘‘(B) RECORDS.—A common carrier or other delivery 
service shall maintain, for a period of 5 years, any records 
kept in the ordinary course of business relating to any 
delivery interrupted under this paragraph and provide that 
information, upon request, to the Attorney General of the 
United States or to the attorney general or chief law 
Time period. 
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124 STAT. 1097 
PUBLIC LAW 111–154—MAR. 31, 2010 
enforcement official or tax administrator of any State, local, 
or tribal government. 
‘‘(C) CONFIDENTIALITY.—Any person receiving records 
under subparagraph (B) shall— 
‘‘(i) use the records solely for the purposes of the 
enforcement of this Act and the collection of any taxes 
owed on related sales of cigarettes and smokeless 
tobacco; and 
‘‘(ii) keep confidential any personal information in 
the records not otherwise required for such purposes. 
‘‘(5) PREEMPTION.— 
‘‘(A) IN GENERAL.—No State, local, or tribal govern-
ment, nor any political authority of 2 or more State, local, 
or tribal governments, may enact or enforce any law or 
regulation relating to delivery sales that restricts deliveries 
of cigarettes or smokeless tobacco to consumers by common 
carriers or other delivery services on behalf of delivery 
sellers by— 
‘‘(i) requiring that the common carrier or other 
delivery service verify the age or identity of the con-
sumer accepting the delivery by requiring the person 
who signs to accept delivery of the shipping container 
to provide proof, in the form of a valid, government- 
issued identification bearing a photograph of the indi-
vidual, that the person is at least the minimum age 
required for the legal sale or purchase of tobacco prod-
ucts, as determined by either State or local law at 
the place of delivery; 
‘‘(ii) requiring that the common carrier or other 
delivery service obtain a signature from the consumer 
accepting the delivery; 
‘‘(iii) requiring that the common carrier or other 
delivery service verify that all applicable taxes have 
been paid; 
‘‘(iv) requiring that packages delivered by the 
common carrier or other delivery service contain any 
particular labels, notice, or markings; or 
‘‘(v) prohibiting common carriers or other delivery 
services from making deliveries on the basis of whether 
the delivery seller is or is not identified on any list 
of delivery sellers maintained and distributed by any 
entity other than the Federal Government. 
‘‘(B) RELATIONSHIP TO OTHER LAWS.—Except as pro-
vided in subparagraph (C), nothing in this paragraph shall 
be construed to nullify, expand, restrict, or otherwise 
amend or modify— 
‘‘(i) section 14501(c)(1) or 41713(b)(4) of title 49, 
United States Code; 
‘‘(ii) any other restrictions in Federal law on the 
ability of State, local, or tribal governments to regulate 
common carriers; or 
‘‘(iii) any provision of State, local, or tribal law 
regulating common carriers that is described in section 
14501(c)(2) or 41713(b)(4)(B) of title 49 of the United 
States Code. 
‘‘(C) STATE LAWS PROHIBITING DELIVERY SALES.— 
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124 STAT. 1098 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), nothing in the Prevent All Cigarette Trafficking 
Act of 2009, the amendments made by that Act, or 
in any other Federal statute shall be construed to 
preempt, supersede, or otherwise limit or restrict State 
laws prohibiting the delivery sale, or the shipment 
or delivery pursuant to a delivery sale, of cigarettes 
or other tobacco products to individual consumers or 
personal residences. 
‘‘(ii) EXEMPTIONS.—No State may enforce against 
a common carrier a law prohibiting the delivery of 
cigarettes or other tobacco products to individual con-
sumers or personal residences without proof that the 
common carrier is not exempt under paragraph (3) 
of this subsection. 
‘‘(6) STATE, LOCAL, AND TRIBAL ADDITIONS.— 
‘‘(A) IN GENERAL.—Any State, local, or tribal govern-
ment shall provide the Attorney General of the United 
States with— 
‘‘(i) all known names, addresses, website addresses, 
and other primary contact information of any delivery 
seller that— 
‘‘(I) offers for sale or makes sales of cigarettes 
or smokeless tobacco in or into the State, locality, 
or tribal land; and 
‘‘(II) has failed to register with or make reports 
to the respective tax administrator as required 
by this Act, or that has been found in a legal 
proceeding to have otherwise failed to comply with 
this Act; and 
‘‘(ii) a list of common carriers and other persons 
who make deliveries of cigarettes or smokeless tobacco 
in or into the State, locality, or tribal land. 
‘‘(B) UPDATES.—Any government providing a list to 
the Attorney General of the United States under subpara-
graph (A) shall also provide updates and corrections every 
4 months until such time as the government notifies the 
Attorney General of the United States in writing that the 
government no longer desires to submit information to 
supplement the list described in paragraph (1)(A). 
‘‘(C) REMOVAL
AFTER
WITHDRAWAL.—Upon receiving 
written notice that a government no longer desires to 
submit information under subparagraph (A), the Attorney 
General of the United States shall remove from the list 
described in paragraph (1)(A) any persons that are on 
the list solely because of the prior submissions of the 
government of the list of the government of noncomplying 
delivery sellers of cigarettes or smokeless tobacco or a 
subsequent update or correction by the government. 
‘‘(7) DEADLINE TO INCORPORATE ADDITIONS.—The Attorney 
General of the United States shall— 
‘‘(A) include any delivery seller identified and sub-
mitted by a State, local, or tribal government under para-
graph (6) in any list or update that is distributed or made 
available under paragraph (1) on or after the date that 
is 30 days after the date on which the information is 
Deadlines. 
Notification. 
Lists. 
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124 STAT. 1099 
PUBLIC LAW 111–154—MAR. 31, 2010 
received by the Attorney General of the United States; 
and 
‘‘(B) distribute any list or update described in subpara-
graph (A) to any common carrier or other person who 
makes deliveries of cigarettes or smokeless tobacco that 
has been identified and submitted by a government pursu-
ant to paragraph (6). 
‘‘(8) NOTICE TO DELIVERY SELLERS.—Not later than 14 days 
before including any delivery seller on the initial list described 
in paragraph (1)(A), or on an update to the list for the first 
time, the Attorney General of the United States shall make 
a reasonable attempt to send notice to the delivery seller by 
letter, electronic mail, or other means that the delivery seller 
is being placed on the list or update, with that notice citing 
the relevant provisions of this Act. 
‘‘(9) LIMITATIONS.— 
‘‘(A) IN GENERAL.—Any common carrier or other person 
making a delivery subject to this subsection shall not be 
required or otherwise obligated to— 
‘‘(i) determine whether any list distributed or made 
available under paragraph (1) is complete, accurate, 
or up-to-date; 
‘‘(ii) determine whether a person ordering a 
delivery is in compliance with this Act; or 
‘‘(iii) open or inspect, pursuant to this Act, any 
package being delivered to determine its contents. 
‘‘(B) ALTERNATE NAMES.—Any common carrier or other 
person making a delivery subject to this subsection— 
‘‘(i) shall not be required to make any inquiries 
or otherwise determine whether a person ordering a 
delivery is a delivery seller on the list described in 
paragraph (1)(A) who is using a different name or 
address in order to evade the related delivery restric-
tions; and 
‘‘(ii) shall not knowingly deliver any packages to 
consumers for any delivery seller on the list described 
in paragraph (1)(A) who the common carrier or other 
delivery service knows is a delivery seller who is on 
the list and is using a different name or address to 
evade the delivery restrictions of paragraph (2). 
‘‘(C) PENALTIES.—Any common carrier or person in the 
business of delivering packages on behalf of other persons 
shall not be subject to any penalty under section 14101(a) 
of title 49, United States Code, or any other provision 
of law for— 
‘‘(i) not making any specific delivery, or any deliv-
eries at all, on behalf of any person on the list described 
in paragraph (1)(A); 
‘‘(ii) refusing, as a matter of regular practice and 
procedure, to make any deliveries, or any deliveries 
in certain States, of any cigarettes or smokeless tobacco 
for any person or for any person not in the business 
of manufacturing, distributing, or selling cigarettes or 
smokeless tobacco; or 
‘‘(iii) delaying or not making a delivery for any 
person because of reasonable efforts to comply with 
this Act. 
Deadline. 
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124 STAT. 1100 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(D) OTHER LIMITS.—Section 2 and subsections (a), (b), 
(c), and (d) of this section shall not be interpreted to impose 
any responsibilities, requirements, or liability on common 
carriers. 
‘‘(f) PRESUMPTION.—For purposes of this Act, a delivery sale 
shall be deemed to have occurred in the State and place where 
the buyer obtains personal possession of the cigarettes or smokeless 
tobacco, and a delivery pursuant to a delivery sale is deemed 
to have been initiated or ordered by the delivery seller.’’. 
(d) PENALTIES.—The Jenkins Act is amended by striking section 
3 and inserting the following: 
‘‘SEC. 3. PENALTIES. 
‘‘(a) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
whoever knowingly violates this Act shall be imprisoned for 
not more than 3 years, fined under title 18, United States 
Code, or both. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) GOVERNMENTS.—Paragraph (1) shall not apply to 
a State, local, or tribal government. 
‘‘(B) DELIVERY VIOLATIONS.—A common carrier or inde-
pendent delivery service, or employee of a common carrier 
or independent delivery service, shall be subject to criminal 
penalties under paragraph (1) for a violation of section 
2A(e) only if the violation is committed knowingly— 
‘‘(i) as consideration for the receipt of, or as consid-
eration for a promise or agreement to pay, anything 
of pecuniary value; or 
‘‘(ii) for the purpose of assisting a delivery seller 
to violate, or otherwise evading compliance with, sec-
tion 2A. 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (3), 
whoever violates this Act shall be subject to a civil penalty 
in an amount not to exceed— 
‘‘(A) in the case of a delivery seller, the greater of— 
‘‘(i) $5,000 in the case of the first violation, or 
$10,000 for any other violation; or 
‘‘(ii) for any violation, 2 percent of the gross sales 
of cigarettes or smokeless tobacco of the delivery seller 
during the 1-year period ending on the date of the 
violation. 
‘‘(B) in the case of a common carrier or other delivery 
service, $2,500 in the case of a first violation, or $5,000 
for any violation within 1 year of a prior violation. 
‘‘(2) RELATION
TO
OTHER
PENALTIES.—A civil penalty 
imposed under paragraph (1) for a violation of this Act shall 
be imposed in addition to any criminal penalty under subsection 
(a) and any other damages, equitable relief, or injunctive relief 
awarded by the court, including the payment of any unpaid 
taxes to the appropriate Federal, State, local, or tribal govern-
ments. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) DELIVERY VIOLATIONS.—An employee of a common 
carrier or independent delivery service shall be subject 
to civil penalties under paragraph (1) for a violation of 
15 USC 377. 
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124 STAT. 1101 
PUBLIC LAW 111–154—MAR. 31, 2010 
section 2A(e) only if the violation is committed inten-
tionally— 
‘‘(i) as consideration for the receipt of, or as consid-
eration for a promise or agreement to pay, anything 
of pecuniary value; or 
‘‘(ii) for the purpose of assisting a delivery seller 
to violate, or otherwise evading compliance with, sec-
tion 2A. 
‘‘(B) OTHER LIMITATIONS.—No common carrier or inde-
pendent delivery service shall be subject to civil penalties 
under paragraph (1) for a violation of section 2A(e) if— 
‘‘(i) the common carrier or independent delivery 
service has implemented and enforces effective policies 
and practices for complying with that section; or 
‘‘(ii) the violation consists of an employee of the 
common carrier or independent delivery service who 
physically receives and processes orders, picks up pack-
ages, processes packages, or makes deliveries, taking 
actions that are outside the scope of employment of 
the employee, or that violate the implemented and 
enforced policies of the common carrier or independent 
delivery service described in clause (i).’’. 
(e) ENFORCEMENT.—The Jenkins Act is amended by striking 
section 4 and inserting the following: 
‘‘SEC. 4. ENFORCEMENT. 
‘‘(a) IN GENERAL.—The United States district courts shall have 
jurisdiction to prevent and restrain violations of this Act and to 
provide other appropriate injunctive or equitable relief, including 
money damages, for the violations. 
‘‘(b) AUTHORITY
OF
THE ATTORNEY GENERAL.—The Attorney 
General of the United States shall administer and enforce this 
Act. 
‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) STANDING.—A State, through its attorney general, 
or a local government or Indian tribe that levies a tax 
subject to section 2A(a)(3), through its chief law enforce-
ment officer, may bring an action in a United States district 
court to prevent and restrain violations of this Act by 
any person or to obtain any other appropriate relief from 
any person for violations of this Act, including civil pen-
alties, money damages, and injunctive or other equitable 
relief. 
‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this Act shall 
be deemed to abrogate or constitute a waiver of any sov-
ereign immunity of a State or local government or Indian 
tribe against any unconsented lawsuit under this Act, or 
otherwise to restrict, expand, or modify any sovereign 
immunity of a State or local government or Indian tribe. 
‘‘(2) PROVISION
OF
INFORMATION.—A State, through its 
attorney general, or a local government or Indian tribe that 
levies a tax subject to section 2A(a)(3), through its chief law 
enforcement officer, may provide evidence of a violation of 
this Act by any person not subject to State, local, or tribal 
government enforcement actions for violations of this Act to 
the Attorney General of the United States or a United States 
Courts. 
15 USC 378. 
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124 STAT. 1102 
PUBLIC LAW 111–154—MAR. 31, 2010 
attorney, who shall take appropriate actions to enforce this 
Act. 
‘‘(3) USE OF PENALTIES COLLECTED.— 
‘‘(A) IN
GENERAL.—There is established a separate 
account in the Treasury known as the ‘PACT Anti-Traf-
ficking Fund’. Notwithstanding any other provision of law 
and subject to subparagraph (B), an amount equal to 50 
percent of any criminal and civil penalties collected by 
the Federal Government in enforcing this Act shall be 
transferred into the PACT Anti-Trafficking Fund and shall 
be available to the Attorney General of the United States 
for purposes of enforcing this Act and other laws relating 
to contraband tobacco products. 
‘‘(B) ALLOCATION OF FUNDS.—Of the amount available 
to the Attorney General of the United States under 
subparagraph (A), not less than 50 percent shall be made 
available only to the agencies and offices within the Depart-
ment of Justice that were responsible for the enforcement 
actions in which the penalties concerned were imposed 
or for any underlying investigations. 
‘‘(4) NONEXCLUSIVITY OF REMEDY.— 
‘‘(A) IN GENERAL.—The remedies available under this 
section and section 3 are in addition to any other remedies 
available under Federal, State, local, tribal, or other law. 
‘‘(B) STATE COURT PROCEEDINGS.—Nothing in this Act 
shall be construed to expand, restrict, or otherwise modify 
any right of an authorized State official to proceed in 
State court, or take other enforcement actions, on the basis 
of an alleged violation of State or other law. 
‘‘(C) TRIBAL COURT PROCEEDINGS.—Nothing in this Act 
shall be construed to expand, restrict, or otherwise modify 
any right of an authorized Indian tribal government official 
to proceed in tribal court, or take other enforcement actions, 
on the basis of an alleged violation of tribal law. 
‘‘(D) LOCAL GOVERNMENT ENFORCEMENT.—Nothing in 
this Act shall be construed to expand, restrict, or otherwise 
modify any right of an authorized local government official 
to proceed in State court, or take other enforcement actions, 
on the basis of an alleged violation of local or other law. 
‘‘(d) PERSONS DEALING
IN TOBACCO PRODUCTS.—Any person 
who holds a permit under section 5712 of the Internal Revenue 
Code of 1986 (regarding permitting of manufacturers and importers 
of tobacco products and export warehouse proprietors) may bring 
an action in an appropriate United States district court to prevent 
and restrain violations of this Act by any person other than a 
State, local, or tribal government. 
‘‘(e) NOTICE.— 
‘‘(1) PERSONS DEALING IN TOBACCO PRODUCTS.—Any person 
who commences a civil action under subsection (d) shall inform 
the Attorney General of the United States of the action. 
‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It is the sense 
of Congress that the attorney general of any State, or chief 
law enforcement officer of any locality or tribe, that commences 
a civil action under this section should inform the Attorney 
General of the United States of the action. 
‘‘(f) PUBLIC NOTICE.— 
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124 STAT. 1103 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(1) IN
GENERAL.—The Attorney General of the United 
States shall make available to the public, by posting informa-
tion on the Internet and by other appropriate means, informa-
tion regarding all enforcement actions brought by the United 
States, or reported to the Attorney General of the United States, 
under this section, including information regarding the resolu-
tion of the enforcement actions and how the Attorney General 
of the United States has responded to referrals of evidence 
of violations pursuant to subsection (c)(2). 
‘‘(2) REPORTS TO CONGRESS.—Not later than 1 year after 
the date of enactment of the Prevent All Cigarette Trafficking 
Act of 2009, and every year thereafter until the date that 
is 5 years after such date of enactment, the Attorney General 
of the United States shall submit to Congress a report con-
taining the information described in paragraph (1).’’. 
SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS 
NONMAILABLE MATTER. 
(a) IN GENERAL.—Chapter 83 of title 18, United States Code, 
is amended by inserting after section 1716D the following: 
‘‘§ 1716E. Tobacco products as nonmailable 
‘‘(a) PROHIBITION.— 
‘‘(1) IN GENERAL.—All cigarettes and smokeless tobacco (as 
those terms are defined in section 1 of the Act of October 
19, 1949, commonly referred to as the Jenkins Act) are non-
mailable and shall not be deposited in or carried through the 
mails. The United States Postal Service shall not accept for 
delivery or transmit through the mails any package that it 
knows or has reasonable cause to believe contains any cigarettes 
or smokeless tobacco made nonmailable by this paragraph. 
‘‘(2) REASONABLE CAUSE.—For the purposes of this sub-
section reasonable cause includes— 
‘‘(A) a statement on a publicly available website, or 
an advertisement, by any person that the person will mail 
matter which is nonmailable under this section in return 
for payment; or 
‘‘(B) the fact that the person is on the list created 
under section 2A(e) of the Jenkins Act. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) CIGARS.—Subsection (a) shall not apply to cigars (as 
defined in section 5702(a) of the Internal Revenue Code of 
1986). 
‘‘(2) GEOGRAPHIC
EXCEPTION.—Subsection (a) shall not 
apply to mailings within the State of Alaska or within the 
State of Hawaii. 
‘‘(3) BUSINESS PURPOSES.— 
‘‘(A) IN GENERAL.—Subsection (a) shall not apply to 
tobacco products mailed only— 
‘‘(i) for business purposes between legally operating 
businesses that have all applicable State and Federal 
Government licenses or permits and are engaged in 
tobacco product manufacturing, distribution, wholesale, 
export, import, testing, investigation, or research; or 
‘‘(ii) for regulatory purposes between any business 
described in clause (i) and an agency of the Federal 
Government or a State government. 
Alaska. 
Hawaii. 
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124 STAT. 1104 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(B) RULES.— 
‘‘(i) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Prevent All Cigarette 
Trafficking Act of 2009, the Postmaster General shall 
issue a final rule which shall establish the standards 
and requirements that apply to all mailings described 
in subparagraph (A). 
‘‘(ii) CONTENTS.—The final rule issued under clause 
(i) shall require— 
‘‘(I) the United States Postal Service to verify 
that any person submitting an otherwise non-
mailable tobacco product into the mails as author-
ized under this paragraph is a business or govern-
ment agency permitted to make a mailing under 
this paragraph; 
‘‘(II) the United States Postal Service to ensure 
that any recipient of an otherwise nonmailable 
tobacco product sent through the mails under this 
paragraph is a business or government agency that 
may lawfully receive the product; 
‘‘(III) that any mailing described in subpara-
graph (A) shall be sent through the systems of 
the United States Postal Service that provide for 
the tracking and confirmation of the delivery; 
‘‘(IV) that the identity of the business or 
government entity submitting the mailing con-
taining otherwise nonmailable tobacco products for 
delivery and the identity of the business or govern-
ment entity receiving the mailing are clearly set 
forth on the package; 
‘‘(V) the United States Postal Service to main-
tain identifying information described in subclause 
(IV) during the 3-year period beginning on the 
date of the mailing and make the information 
available to the Postal Service, the Attorney Gen-
eral of the United States, and to persons eligible 
to bring enforcement actions under section 3(d) 
of the Prevent All Cigarette Trafficking Act of 
2009; 
‘‘(VI) that any mailing described in subpara-
graph (A) be marked with a United States Postal 
Service label or marking that makes it clear to 
employees of the United States Postal Service that 
it is a permitted mailing of otherwise nonmailable 
tobacco products that may be delivered only to 
a permitted government agency or business and 
may not be delivered to any residence or individual 
person; and 
‘‘(VII) that any mailing described in subpara-
graph (A) be delivered only to a verified employee 
of the recipient business or government agency, 
who is not a minor and who shall be required 
to sign for the mailing. 
‘‘(C) DEFINITION.—In this paragraph, the term ‘minor’ 
means an individual who is less than the minimum age 
required for the legal sale or purchase of tobacco products 
Time period. 
Deadline. 
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124 STAT. 1105 
PUBLIC LAW 111–154—MAR. 31, 2010 
as determined by applicable law at the place the individual 
is located. 
‘‘(4) CERTAIN INDIVIDUALS.— 
‘‘(A) IN GENERAL.—Subsection (a) shall not apply to 
tobacco products mailed by individuals who are not minors 
for noncommercial purposes, including the return of a dam-
aged or unacceptable tobacco product to the manufacturer. 
‘‘(B) RULES.— 
‘‘(i) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Prevent All Cigarette 
Trafficking Act of 2009, the Postmaster General shall 
issue a final rule which shall establish the standards 
and requirements that apply to all mailings described 
in subparagraph (A). 
‘‘(ii) CONTENTS.—The final rule issued under clause 
(i) shall require— 
‘‘(I) the United States Postal Service to verify 
that any person submitting an otherwise non-
mailable tobacco product into the mails as author-
ized under this paragraph is the individual identi-
fied on the return address label of the package 
and is not a minor; 
‘‘(II) for a mailing to an individual, the United 
States Postal Service to require the person submit-
ting the otherwise nonmailable tobacco product 
into the mails as authorized by this paragraph 
to affirm that the recipient is not a minor; 
‘‘(III) that any package mailed under this para-
graph shall weigh not more than 10 ounces; 
‘‘(IV) that any mailing described in subpara-
graph (A) shall be sent through the systems of 
the United States Postal Service that provide for 
the tracking and confirmation of the delivery; 
‘‘(V) that a mailing described in subparagraph 
(A) shall not be delivered or placed in the posses-
sion of any individual who has not been verified 
as not being a minor; 
‘‘(VI) for a mailing described in subparagraph 
(A) to an individual, that the United States Postal 
Service shall deliver the package only to a recipient 
who is verified not to be a minor at the recipient 
address or transfer it for delivery to an Air/Army 
Postal Office or Fleet Postal Office number des-
ignated in the recipient address; and 
‘‘(VII) that no person may initiate more than 
10 mailings described in subparagraph (A) during 
any 30-day period. 
‘‘(C) DEFINITION.—In this paragraph, the term ‘minor’ 
means an individual who is less than the minimum age 
required for the legal sale or purchase of tobacco products 
as determined by applicable law at the place the individual 
is located. 
‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER TESTING BY 
MANUFACTURERS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), sub-
section (a) shall not preclude a legally operating cigarette 
manufacturer or a legally authorized agent of a legally 
Deadline. 
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124 STAT. 1106 
PUBLIC LAW 111–154—MAR. 31, 2010 
operating cigarette manufacturer from using the United 
States Postal Service to mail cigarettes to verified adult 
smoker solely for consumer testing purposes, if— 
‘‘(i) the cigarette manufacturer has a permit, in 
good standing, issued under section 5713 of the 
Internal Revenue Code of 1986; 
‘‘(ii) the package of cigarettes mailed under this 
paragraph contains not more than 12 packs of ciga-
rettes (240 cigarettes); 
‘‘(iii) the recipient does not receive more than 1 
package of cigarettes from any 1 cigarette manufac-
turer under this paragraph during any 30-day period; 
‘‘(iv) all taxes on the cigarettes mailed under this 
paragraph levied by the State and locality of delivery 
are paid to the State and locality before delivery, and 
tax stamps or other tax-payment indicia are affixed 
to the cigarettes as required by law; and 
‘‘(v)(I) the recipient has not made any payments 
of any kind in exchange for receiving the cigarettes; 
‘‘(II) the recipient is paid a fee by the manufacturer 
or agent of the manufacturer for participation in con-
sumer product tests; and 
‘‘(III) the recipient, in connection with the tests, 
evaluates the cigarettes and provides feedback to the 
manufacturer or agent. 
‘‘(B) LIMITATIONS.—Subparagraph (A) shall not— 
‘‘(i) permit a mailing of cigarettes to an individual 
located in any State that prohibits the delivery or 
shipment of cigarettes to individuals in the State, or 
preempt, limit, or otherwise affect any related State 
laws; or 
‘‘(ii) permit a manufacturer, directly or through 
a legally authorized agent, to mail cigarettes in any 
calendar year in a total amount greater than 1 percent 
of the total cigarette sales of the manufacturer in the 
United States during the calendar year before the date 
of the mailing. 
‘‘(C) RULES.— 
‘‘(i) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Prevent All Cigarette 
Trafficking Act of 2009, the Postmaster General shall 
issue a final rule which shall establish the standards 
and requirements that apply to all mailings described 
in subparagraph (A). 
‘‘(ii) CONTENTS.—The final rule issued under clause 
(i) shall require— 
‘‘(I) the United States Postal Service to verify 
that any person submitting a tobacco product into 
the mails under this paragraph is a legally oper-
ating cigarette manufacturer permitted to make 
a mailing under this paragraph, or an agent legally 
authorized by the legally operating cigarette manu-
facturer to submit the tobacco product into the 
mails on behalf of the manufacturer; 
‘‘(II) the legally operating cigarette manufac-
turer submitting the cigarettes into the mails 
under this paragraph to affirm that— 
Verification. 
Deadline. 
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124 STAT. 1107 
PUBLIC LAW 111–154—MAR. 31, 2010 
‘‘(aa) the manufacturer or the legally 
authorized agent of the manufacturer has 
verified that the recipient is an adult estab-
lished smoker; 
‘‘(bb) the recipient has not made any pay-
ment for the cigarettes; 
‘‘(cc) the recipient has signed a written 
statement that is in effect indicating that the 
recipient wishes to receive the mailings; and 
‘‘(dd) the manufacturer or the legally 
authorized agent of the manufacturer has 
offered the opportunity for the recipient to 
withdraw the written statement described in 
item (cc) not less frequently than once in every 
3-month period; 
‘‘(III) the legally operating cigarette manufac-
turer or the legally authorized agent of the manu-
facturer submitting the cigarettes into the mails 
under this paragraph to affirm that any package 
mailed under this paragraph contains not more 
than 12 packs of cigarettes (240 cigarettes) on 
which all taxes levied on the cigarettes by the 
State and locality of delivery have been paid and 
all related State tax stamps or other tax-payment 
indicia have been applied; 
‘‘(IV) that any mailing described in subpara-
graph (A) shall be sent through the systems of 
the United States Postal Service that provide for 
the tracking and confirmation of the delivery; 
‘‘(V) the United States Postal Service to main-
tain records relating to a mailing described in 
subparagraph (A) during the 3-year period begin-
ning on the date of the mailing and make the 
information available to persons enforcing this sec-
tion; 
‘‘(VI) that any mailing described in subpara-
graph (A) be marked with a United States Postal 
Service label or marking that makes it clear to 
employees of the United States Postal Service that 
it is a permitted mailing of otherwise nonmailable 
tobacco products that may be delivered only to 
the named recipient after verifying that the 
recipient is an adult; and 
‘‘(VII) the United States Postal Service shall 
deliver a mailing described in subparagraph (A) 
only to the named recipient and only after 
verifying that the recipient is an adult. 
‘‘(D) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘adult’ means an individual who is 
not less than 21 years of age; and 
‘‘(ii) the term ‘consumer testing’ means testing lim-
ited to formal data collection and analysis for the spe-
cific purpose of evaluating the product for quality 
assurance and benchmarking purposes of cigarette 
brands or sub-brands among existing adult smokers. 
‘‘(6) FEDERAL GOVERNMENT AGENCIES.—An agency of the 
Federal Government involved in the consumer testing of tobacco 
Records. 
Time period. 
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124 STAT. 1108 
PUBLIC LAW 111–154—MAR. 31, 2010 
products solely for public health purposes may mail cigarettes 
under the same requirements, restrictions, and rules and proce-
dures that apply to consumer testing mailings of cigarettes 
by manufacturers under paragraph (5), except that the agency 
shall not be required to pay the recipients for participating 
in the consumer testing. 
‘‘(c) SEIZURE AND FORFEITURE.—Any cigarettes or smokeless 
tobacco made nonmailable by this subsection that are deposited 
in the mails shall be subject to seizure and forfeiture, pursuant 
to the procedures set forth in chapter 46 of this title. Any tobacco 
products seized and forfeited under this subsection shall be 
destroyed or retained by the Federal Government for the detection 
or prosecution of crimes or related investigations and then 
destroyed. 
‘‘(d) ADDITIONAL PENALTIES.—In addition to any other fines 
and penalties under this title for violations of this section, any 
person violating this section shall be subject to an additional civil 
penalty in the amount equal to 10 times the retail value of the 
nonmailable cigarettes or smokeless tobacco, including all Federal, 
State, and local taxes. 
‘‘(e) CRIMINAL
PENALTY.—Whoever knowingly deposits for 
mailing or delivery, or knowingly causes to be delivered by mail, 
according to the direction thereon, or at any place at which it 
is directed to be delivered by the person to whom it is addressed, 
anything that is nonmailable matter under this section shall be 
fined under this title, imprisoned not more than 1 year, or both. 
‘‘(f) USE OF PENALTIES.—There is established a separate account 
in the Treasury, to be known as the ‘PACT Postal Service Fund’. 
Notwithstanding any other provision of law, an amount equal to 
50 percent of any criminal fines, civil penalties, or other monetary 
penalties collected by the Federal Government in enforcing this 
section shall be transferred into the PACT Postal Service Fund 
and shall be available to the Postmaster General for the purpose 
of enforcing this subsection. 
‘‘(g) COORDINATION OF EFFORTS.—The Postmaster General shall 
cooperate and coordinate efforts to enforce this section with related 
enforcement activities of any other Federal agency or agency of 
any State, local, or tribal government, whenever appropriate. 
‘‘(h) ACTIONS
BY STATE, LOCAL, OR TRIBAL GOVERNMENTS 
RELATING TO CERTAIN TOBACCO PRODUCTS.— 
‘‘(1) IN GENERAL.—A State, through its attorney general, 
or a local government or Indian tribe that levies an excise 
tax on tobacco products, through its chief law enforcement 
officer, may in a civil action in a United States district court 
obtain appropriate relief with respect to a violation of this 
section. Appropriate relief includes injunctive and equitable 
relief and damages equal to the amount of unpaid taxes on 
tobacco products mailed in violation of this section to addressees 
in that State, locality, or tribal land. 
‘‘(2) SOVEREIGN
IMMUNITY.—Nothing in this subsection 
shall be deemed to abrogate or constitute a waiver of any 
sovereign immunity of a State or local government or Indian 
tribe against any unconsented lawsuit under paragraph (1), 
or otherwise to restrict, expand, or modify any sovereign immu-
nity of a State or local government or Indian tribe. 
‘‘(3) ATTORNEY GENERAL REFERRAL.—A State, through its 
attorney general, or a local government or Indian tribe that 
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124 STAT. 1109 
PUBLIC LAW 111–154—MAR. 31, 2010 
levies an excise tax on tobacco products, through its chief 
law enforcement officer, may provide evidence of a violation 
of this section for commercial purposes by any person not 
subject to State, local, or tribal government enforcement actions 
for violations of this section to the Attorney General of the 
United States, who shall take appropriate actions to enforce 
this section. 
‘‘(4) NONEXCLUSIVITY OF REMEDIES.—The remedies avail-
able under this subsection are in addition to any other remedies 
available under Federal, State, local, tribal, or other law. 
Nothing in this subsection shall be construed to expand, 
restrict, or otherwise modify any right of an authorized State, 
local, or tribal government official to proceed in a State, tribal, 
or other appropriate court, or take other enforcement actions, 
on the basis of an alleged violation of State, local, tribal, or 
other law. 
‘‘(5) OTHER ENFORCEMENT ACTIONS.—Nothing in this sub-
section shall be construed to prohibit an authorized State offi-
cial from proceeding in State court on the basis of an alleged 
violation of any general civil or criminal statute of the State. 
‘‘(i) DEFINITION.—In this section, the term ‘State’ has the 
meaning given that term in section 1716(k).’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
83 of title 18 is amended by inserting after the item relating 
to section 1716D the following: 
‘‘1716E. Tobacco products as nonmailable.’’. 
SEC. 4. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS, 
AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE AND 
SMOKELESS TOBACCO SELLERS; CIVIL PENALTY. 
Section 2343(c) of title 18, United States Code, is amended 
to read as follows: 
‘‘(c)(1) Any officer of the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives may, during normal business hours, enter the prem-
ises of any person described in subsection (a) or (b) for the purposes 
of inspecting— 
‘‘(A) any records or information required to be maintained 
by the person under this chapter; or 
‘‘(B) any cigarettes or smokeless tobacco kept or stored 
by the person at the premises. 
‘‘(2) The district courts of the United States shall have the 
authority in a civil action under this subsection to compel inspec-
tions authorized by paragraph (1). 
‘‘(3) Whoever denies access to an officer under paragraph (1), 
or who fails to comply with an order issued under paragraph (2), 
shall be subject to a civil penalty in an amount not to exceed 
$10,000.’’. 
SEC. 5. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MAT-
TERS. 
(a) IN GENERAL.—Nothing in this Act or the amendments made 
by this Act shall be construed to amend, modify, or otherwise 
affect— 
(1) any agreements, compacts, or other intergovernmental 
arrangements between any State or local government and any 
government of an Indian tribe (as that term is defined in 
section 4(e) of the Indian Self-Determination and Education 
15 USC 375 note. 
Courts. 
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124 STAT. 1110 
PUBLIC LAW 111–154—MAR. 31, 2010 
Assistance Act (25 U.S.C. 450b(e)) relating to the collection 
of taxes on cigarettes or smokeless tobacco sold in Indian 
country; 
(2) any State laws that authorize or otherwise pertain 
to any such intergovernmental arrangements or create special 
rules or procedures for the collection of State, local, or tribal 
taxes on cigarettes or smokeless tobacco sold in Indian country; 
(3) any limitations under Federal or State law, including 
Federal common law and treaties, on State, local, and tribal 
tax and regulatory authority with respect to the sale, use, 
or distribution of cigarettes and smokeless tobacco by or to 
Indian tribes, tribal members, tribal enterprises, or in Indian 
country; 
(4) any Federal law, including Federal common law and 
treaties, regarding State jurisdiction, or lack thereof, over any 
tribe, tribal members, tribal enterprises, tribal reservations, 
or other lands held by the United States in trust for one 
or more Indian tribes; or 
(5) any State or local government authority to bring 
enforcement actions against persons located in Indian country. 
(b) COORDINATION OF LAW ENFORCEMENT.—Nothing in this Act 
or the amendments made by this Act shall be construed to inhibit 
or otherwise affect any coordinated law enforcement effort by 1 
or more States or other jurisdictions, including Indian tribes, 
through interstate compact or otherwise, that— 
(1) provides for the administration of tobacco product laws 
or laws pertaining to interstate sales or other sales of tobacco 
products; 
(2) provides for the seizure of tobacco products or other 
property related to a violation of such laws; or 
(3) establishes cooperative programs for the administration 
of such laws. 
(c) TREATMENT OF STATE AND LOCAL GOVERNMENTS.—Nothing 
in this Act or the amendments made by this Act shall be construed 
to authorize, deputize, or commission States or local governments 
as instrumentalities of the United States. 
(d) ENFORCEMENT WITHIN INDIAN COUNTRY.—Nothing in this 
Act or the amendments made by this Act shall prohibit, limit, 
or restrict enforcement by the Attorney General of the United 
States of this Act or an amendment made by this Act within 
Indian country. 
(e) AMBIGUITY.—Any ambiguity between the language of this 
section or its application and any other provision of this Act shall 
be resolved in favor of this section. 
(f) DEFINITIONS.—In this section— 
(1) the term ‘‘Indian country’’ has the meaning given that 
term in section 1 of the Jenkins Act, as amended by this 
Act; and 
(2) the term ‘‘tribal enterprise’’ means any business enter-
prise, regardless of whether incorporated or unincorporated 
under Federal or tribal law, of an Indian tribe or group of 
Indian tribes. 
SEC. 6. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection (b), this 
Act shall take effect on the date that is 90 days after the date 
of enactment of this Act. 
15 USC 375 note. 
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124 STAT. 1111 
PUBLIC LAW 111–154—MAR. 31, 2010 
LEGISLATIVE HISTORY—S. 1147: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Mar. 11, considered and passed Senate. 
Mar. 17, considered and passed House. 
(b) BATFE AUTHORITY.—The amendments made by section 4 
shall take effect on the date of enactment of this Act. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, or any amendment made by this 
Act, or the application thereof to any person or circumstance, is 
held invalid, the remainder of the Act and the application of the 
Act to any other person or circumstance shall not be affected 
thereby. 
SEC. 8. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL 
EFFECT OF THIS ACT. 
It is the sense of Congress that unique harms are associated 
with online cigarette sales, including problems with verifying the 
ages of consumers in the digital market and the long-term health 
problems associated with the use of certain tobacco products. This 
Act was enacted recognizing the longstanding interest of Congress 
in urging compliance with States’ laws regulating remote sales 
of certain tobacco products to citizens of those States, including 
the passage of the Jenkins Act over 50 years ago, which established 
reporting requirements for out-of-State companies that sell certain 
tobacco products to citizens of the taxing States, and which gave 
authority to the Department of Justice and the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives to enforce the Jenkins Act. In 
light of the unique harms and circumstances surrounding the online 
sale of certain tobacco products, this Act is intended to help collect 
cigarette excise taxes, to stop tobacco sales to underage youth, 
and to help the States enforce their laws that target the online 
sales of certain tobacco products only. This Act is in no way meant 
to create a precedent regarding the collection of State sales or 
use taxes by, or the validity of efforts to impose other types of 
taxes on, out-of-State entities that do not have a physical presence 
within the taxing State. 
Approved March 31, 2010. 
15 USC 375 note. 
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