Cigarettes and Smokeless Tobacco as Nonmailable Matter
WHAT: Beginning on June 29, 2010, the U.S. Postal Service® cannot accept or transmit any package that it knows, or has reasonable cause to believe, contains nonmailable smokeless tobacco or cigarettes. Cigarettes and smokeless tobacco shipments are banned from the mail if they do not fit in one of the following exceptions:
n Alaska/Hawaii: Shipments entirely within Alaska or Hawaii.
n Business/Regulatory Purposes: Shipments transmitted between verified and authorized tobacco industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes.
n Certain Individuals: Infrequent, lightweight shipments mailed by age-verified adult individuals.
n Consumer Testing/Public Health: Shipments of cigarettes sent by verified and authorized manufacturers to verified adult smokers age 21 and over for consumer testing purposes, and shipments sent by federal agencies to consumers for public health purposes.
WHEN: A final rule to implement these changes was published in the Federal Register on May 27, 2010. The final rule comes into effect on June 29, 2010.
WHY: These new rules result from the enactment of the Prevent All Cigarette Trafficking (PACT) Act, which was signed by the President on March 31, 2010. The Act provides that cigarettes and smokeless tobacco will become nonmailable matter effective June 29, 2010.
DETAILS: Key elements of the final rule include:
n Cigarettes and smokeless tobacco are nonmailable, unless an exception applies.
n All excepted shipments of cigarettes and smokeless tobacco must be presented in face-to-face transactions with postal employees.
n Carrier Pickup™ service and Pickup On Demand® service are not permitted for excepted shipments.
n If you are creating a postage label using Click-N-Ship® service or Shipping Assistant service, take your package to a Post Office™ facility (excluding any contract retail unit).
n All excepted shipments of cigarettes must bear a unique marking on the address side of the package. Each exception has its own marking.
n With the exception of shipments entirely within Alaska and Hawaii, all excepted shipments of cigarettes and smokeless tobacco must be sent via Express Mail® with Hold For Pickup service (Hold For Pickup service is not required for shipments sent under the “certain individuals” exception to APO/FPO/DPO addresses where tobacco is not otherwise prohibited).
n For shipments from the United States to APO/FPO/DPO addresses, check the Postal Bulletin for tobacco restrictions, which apply to certain ZIP™ Codes, and confirm with postal personnel that Express Mail service is available to the destination.
n Other than shipments entirely within Alaska or Hawaii, absolutely no sales transactions of cigarettes or smokeless tobacco may be sent by mail.
n Business/government customers sending shipments under the “business/regulatory” and “consumer testing/public health” exceptions must first apply for and receive an eligibility letter from the Pricing & Classification Service Center (PCSC) prior to mailing. This letter must be presented each time an excepted mailing is presented to USPS® personnel at acceptance.
n Excepted shipments sent by business/government customers under the “business/regulatory” and “consumer testing/public health” exceptions must bear a return receipt (PS Form 3811) returnable to the PCSC PACT Mailing Office.
n Delivery of cigarettes mailed under the “consumer testing/public health” exception is restricted to the addressee, who must be least 21 years of age.
n Individuals sending shipments under the “certain individuals” exception must furnish proof of age at the time of mailing and must orally confirm that the addressee is of age to purchase tobacco at the place of destination. In the case of all mailings by individuals, the operative legal age to purchase tobacco is age 18 in all states and U.S. territories and possessions, with the exception that the minimum age is 19 in the states of Alaska, Alabama, New Jersey, and Utah, and in Nassau, Onondaga, and Suffolk counties in New York.
n Shipments sent under the “certain individuals” exception must be infrequent (no more than 10 shipments in any 30-day period) and weigh 10 ounces or less; however, no special weight limits apply to shipments entirely within Alaska and Hawaii.
n Cigarettes and smokeless tobacco are prohibited in both inbound and outbound international mail.
n These rules do not apply to cigars, which continue to be mailable matter.
What you need to know: Familiarize yourself with the contents of this communications package on the PACT Act. Several service talks have been developed specifically for delivery operations and retail associates.
Delivery Service Talk: Alaska and Hawaii
Prevent All Cigarette Trafficking (PACT) Act
Effective June 29, 2010, cigarettes, including roll-your-own tobacco and smokeless tobacco, become nonmailable unless the shipments fall within certain exceptions.
There are numerous provisions for a mailer to qualify for the exceptions in order to send cigarettes and smokeless tobacco. Here are the pertinent facts regarding the PACT Act for shipments in Alaska and Hawaii:
As of June 29, 2010, cigarettes and smokeless tobacco that may be mailed under the exception provisions of the PACT Act must:
n Be plainly marked as “PERMITTED TOBACCO MAILING…..”, unless the shipment is wholly within the states of Alaska or Hawaii. In that case, the mandatory marking on the address side is “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO.”
n Be mailed via Express Mail service and use Hold For Pickup service (except for APO/FPO/DPO addresses), unless shipments originate and destinate within Alaska or Hawaii. Intrastate shipments can be mailed via any eligible service and do not require Hold For Pickup service.
n Be mailed only at a retail counter or business mail entry unit (BMEU) in a face-to-face transaction with a postal employee.
n Not be part of a Carrier Pickup service or other acceptance by a letter carrier.
What this means to letter carriers:
n Carriers should never see this mail at acceptance, as carriers do not pick up or collect mail bearing a marking indicating it contains cigarettes or smokeless tobacco.
n With the exception of intrastate shipments bearing the marking “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO”, carriers do not deliver shipments containing cigarettes (including roll-your-own tobacco) or smokeless tobacco.
Note: These rules do not apply to cigars, which continue to be mailable matter.
Delivery Service Talk: All U.S. Destinations Except Alaska and Hawaii
Prevent All Cigarette Trafficking (PACT) Act
Effective June 29, 2010, cigarettes, including roll-your-own tobacco and smokeless tobacco, become nonmailable unless the shipments fall within certain exceptions.
There are numerous provisions for a mailer to qualify for the exceptions in order to send cigarettes and smokeless tobacco. Here are the pertinent facts regarding the PACT Act in all U.S. destinations, other than Alaska and Hawaii.
As of June 29, 2010, cigarettes and smokeless tobacco that may be mailed under the exception provisions of the PACT Act must:
n Be plainly marked as “PERMITTED TOBACCO
MAILING…..”
n Be mailed via Express Mail service and (except for APO/FPO/DPO addresses) must use Hold For Pickup service.
n Be mailed only at a retail counter or BMEU in a face-to-face transaction with a postal employee.
n Not be part of Carrier Pickup service or other acceptance by a letter carrier.
What this means to letter carriers (outside of Alaska and Hawaii) is that they should never see this mail. They don’t pick it up or collect it, they don’t deliver it.
Note: These rules do not apply to cigars, which continue to be mailable matter.
Retail Service Talk
Prevent All Cigarette Trafficking (PACT) Act
Beginning on June 29, 2010, the Postal Service cannot accept or transmit any package that it knows, or has reasonable cause to believe, contains nonmailable smokeless tobacco or cigarettes. Cigarettes and smokeless tobacco shipments are banned from the mail if they do not fit in one of the following exceptions:
n Alaska/Hawaii: Shipments entirely within Alaska or Hawaii.
n Business/Regulatory Purposes: Shipments transmitted between verified and authorized tobacco industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes.
n Certain Individuals: Infrequent, lightweight shipments mailed by age-verified adult individuals.
n Consumer Testing/Public Health: Shipments of cigarettes sent by verified and authorized manufacturers to verified adult smokers age 21 and over for consumer testing purposes, and shipments sent by federal agencies to consumers for public health purposes.
So how does the PACT Act affect postal employees?
Postal employees are to ensure mailers comply with the PACT Act.
With the exception of shipments entirely within Alaska and Hawaii, mailers whose shipments fall within the exceptions must send their packages to domestic addresses as “Hold For Pickup” and to APO/FPO/DPO addresses as “Express Mail.” All packages shipped must meet the requirements listed in the “PACT Act Acceptance and Delivery Procedures.”
The following items appear below and are available at http://blue.usps.gov/retail/L2Policies_SOPindex.htm.
n “PACT Act Acceptance and Delivery Procedures” for each of the exceptions indicated above.
n “PACT Act FAQs” for all employees who accept or deliver packages through retail.
n “PACT Act Acceptance and Delivery Rules” Job Aid.
n Standard Operating Procedures.
Acceptance Procedures
Intra-Alaska/Intra-Hawaii Exception — Personnel in Alaska and Hawaii only
1. Mailings must be presented to a postal employee in a face-to-face transaction; Carrier Pickup service and Pickup on Demand service are not available.
2. Check for marking on address side: “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO.”
3. Check for complete, valid return address in the same state as acceptance site.
4. Verify that delivery address is in the same state as acceptance site.
Note: Not all mailings tendered in Alaska or Hawaii fall under this exception. If a mailpiece tendered in Alaska or Hawaii will not be delivered in the same state as the acceptance site, check for one of the other exceptions below.
Business/Regulatory Purposes Exception
1. Mailings must be presented to a postal employee in a face-to-face transaction; Carrier Pickup service and Pickup on Demand service are not available.
2. Check for marking on address side: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT.”
3. Verify that the mailpiece includes the name and full mailing addresses for both the sender and recipient.
4. Verify that both the sender and recipient identified on the package are government agencies and/or businesses.
5. Ask the mailer to present proof of authorization by USPS’s Pricing and Classification Service Center (PCSC) to mail tobacco products for business or regulatory purposes at that location.
6. Advise the mailer that Express Mail Label 11-HFPU, Express Mail with Hold For Pickup Service, and PS Form 3811, Return Receipt, must be used for this shipment.
7. Advise the mailer that the return receipt must bear the mailer’s eligibility number issued by the PCSC in the return address block, include the addressee’s full name and address, and be made mailable to the address illustrated below:
PCSC PACT Mailing Office
USPS Eligibility No. XX-00-0000
90 Church Street, Suite 3100
New York, NY 10007-2951
8. If you are aware that 3 years or more have gone by since a package with this marking was last mailed on behalf of this business entity, check with the PCSC as to whether authorization is still current before accepting the package.
Certain Individuals Exception (only through a face-to-face retail transaction with the customer; Carrier Pickup service is not permitted)
1. Mailings must be presented to a postal employee in a face-to-face transaction; Carrier Pickup service and Pickup on Demand service are not available.
2. Check for the following marking on the address side: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.”
3. Ask the mailer to present government-issued photo identification that lists age or date of birth, such as a driver’s license or passport.
4. Check that the name on the identification matches the name on the return address of the mailpiece.
5. Verify that the mailer is of the legal age to purchase tobacco in your location. The legal age to purchase tobacco is age 18 in all states and U.S. territories and possessions, with the exception that the minimum age is 19 in the states of Alaska, Alabama, New Jersey, and Utah, and in Nassau, Onondaga, and Suffolk counties in New York.
6. If the addressee is an individual, ask the mailer to orally confirm that the addressee is an adult of at least the minimum age for the legal sale or purchase of tobacco products at the place of delivery.
7. Verify that the package weighs no more than 10 ounces.
8. If you are aware that the mailer has mailed 10 or more such packages in the last 30 days, advise the mailer that the package cannot be mailed at this time.
9. Advise the mailer that Express Mail service with Hold For Pickup service (Express Mail Label 11-HFPU) is required for this shipment (except for APO/FPO/DPO addresses).
10. For APO/FPO/DPO addresses: Express Mail service is required for shipments from the United States to APO/FPO/DPO addresses, but the mailer is not required to use Hold For Pickup service.
Note: Express Mail service is not available to some overseas military destinations, and some destinations do not allow cigarettes in military mail, so first check for tobacco restrictions for the relevant APO/FPO/DPO ZIP Code in the current issue of the Postal Bulletin.
Consumer Testing/Public Health Exceptions
1. Mailings must be presented to a postal employee in a face-to-face transaction; Carrier Pickup service and Pickup on Demand service are not available.
2. Check for marking on address side: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION — AGE 21 OR ABOVE.”
3. Verify that the mailpiece includes the name and full mailing addresses for both the sender and addressee on the Express Mail label.
4. Verify that the sender identified on the package is a government agency or business and that the addressee is an individual.
5. Ask the mailer to present proof of authorization by the PCSC to mail cigarettes for consumer testing or public health at that location.
6. Advise the mailer that only Express Mail Label 11-HFPU and PS Form 3811 are available for this shipment.
7. Advise the mailer that the return receipt must bear the mailer’s eligibility number issued by the PCSC in the return address block, include the addressee’s full name and address, and be made mailable to the address illustrated below:
PCSC PACT Mailing Office
USPS Eligibility No. XX-00-0000
90 Church Street, Suite 3100
New York, NY 10007-2951
8. If you are aware that the mailer has mailed one or more such packages to the same addressee in the last 30 days, advise the mailer that the package cannot be mailed at this time.
9. If you are aware that 3 years or more have gone by since a package with this marking was last mailed on behalf of this business entity, check with the PCSC as to whether authorization is still current before accepting the package.
No Exceptions Apply
If the mailing does not qualify for one of the exceptions above, inform the mailer that it cannot be mailed under U.S. law.
In addition, do not accept the item if either of the following is true:
n The package has a foreign mailing address (other than shipments from the United States to an APO/FPO/DPO address).
n The package has a return or mailing address with a ZIP Code of the freely associated states (i.e., 96939–96944, 96960, or 96970), or is being mailed in one of those ZIP Codes.
Delivery Procedures
Intra-Alaska/Intra-Hawaii Exception — Personnel in Alaska and Hawaii Only
1. Check for marking on address side: “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO.”
2. Verify that the delivery address is in the same state as the acceptance site.
3. No forwarding is permitted to addresses outside the states of Alaska or Hawaii.
Note: Not all mailings delivered in Alaska or Hawaii fall under this exception. If a mailpiece for delivery in Alaska or Hawaii bears a marking for one of the other exceptions below, follow the appropriate tasks for that marking.
Business/Regulatory Purposes Exception
1. Check for marking on address side: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT.”
2. Make sure that the return address to the PCSC on the return receipt includes the mailer’s eligibility number in the return address block, as shown in the illustration below.
PCSC PACT Mailing Office
USPS Eligibility No. XX-00-0000
90 Church Street, Suite 3100
New York, NY 10007-2951
If the eligibility number is missing on the return receipt, return the package to sender.
3. Ask the recipient to present (a) proof of employment with the named addressee and (b) government-issued photo identification that lists age or date of birth, such as a driver’s license or passport.
4. Verify that the recipient is of the legal age to purchase cigarettes or smokeless tobacco in your location. The legal age to purchase tobacco is age 18 in all states and U.S. territories and possessions, with the exception that the minimum age is 19 in the states of Alaska, Alabama, New Jersey, and Utah, and in Nassau, Onondaga, and Suffolk counties in New York.
5. Verify that the recipient is an employee of the named addressee.
6. Advise the recipient to sign the Express Mail label and return receipt.
Certain Individuals Exception
1. Check for the following marking on the address side: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.”
2. Ask the recipient to present government-issued photo identification that lists age or date of birth, such as a driver’s license or passport.
3. Verify that the recipient is of legal age to purchase cigarettes or smokeless tobacco in your location. The legal age to purchase tobacco is age 18 in all states and U.S. territories and possessions, with the exception that the minimum age is 19 in the states of Alaska, Alabama, New Jersey, and Utah, and in Nassau, Onondaga, and Suffolk counties in New York.
4. Advise the recipient to sign the Express Mail label.
Consumer Testing/Public Health Exceptions
1. Check for marking on address side: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION — AGE 21 OR ABOVE.”
2. Make sure that the return address to the PCSC on the return receipt includes the mailer’s eligibility number in the return address block, as shown in the illustration below:
PCSC PACT Mailing Office
USPS Eligibility No. XX-00-0000
90 Church Street, Suite 3100
New York, NY 10007-2951
If the eligibility number is missing on the return receipt, return the package to sender.
3. Ask the recipient to present government-issued photo identification that lists age or date of birth, such as a driver’s license or passport.
4. Check that the name on the identification matches the name on the mailing address of the mailpiece.
5. Verify that the recipient is at least 21 years of age.
6. Advise the recipient to sign the Express Mail label and return receipt.
No Exceptions Apply
If there are cigarettes or smokeless tobacco in plain sight in or on a mailpiece, do not deliver the item and treat it as undeliverable mail.
Frequently Asked Questions
For Internal Personnel
Q. Why are cigarettes and smokeless tobacco nonmailable matter?
A. This results from legislation enacted on March 31, 2010, known as the “Prevent All Cigarette Trafficking Act,” or “PACT Act” for short. The Postal Service is obligated to implement the provisions of this law.
Q. When does the law become effective?
A. Cigarettes and smokeless tobacco become nonmailable matter effective June 29, 2010.
Q. What products are now being made nonmailable?
A. Cigarettes, including roll-your-own tobacco, and smokeless tobacco are nonmailable matter, unless the shipments fall within certain exceptions.
Q. Are cigars mailable?
A. Yes, cigars are mailable matter.
Q. We are in Alaska and have customers that send groceries, including cigarette cartons, through the mail. What should we tell them?
A. These customers should be advised that such a shipment is mailable as long as it originates and destinates in Alaska, is properly marked as “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO,” bears an Alaskan return address, and is tendered in a face-to-face transaction with a postal employee in Alaska.
Q. What delivery procedures apply in Alaska and Hawaii to shipments that bear the following marking:
“INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO”?
A. Shipments with this marking should be delivered as usual, as long as they originate, destinate, and bear return addresses in the same state.
Q. Our facility accepts mail from a tobacco manufacturer that conducts consumer testing samples of cigarettes. What must we do to verify these shipments?
A. At the time of mailing, the mailer must present a letter from the New York Pricing & Classification Service Center (PCSC) that shows that the mailer is eligible to enter the mailing under the consumer testing exception. Check the letter to make sure that the PCSC letter lists the mailing location as an eligible entry point for cigarette samples for consumer testing. The mailer must use Express Mail Label 11-HFPU for “Hold For Pickup” service and mark each shipment with the following marking: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION — AGE 21 OR ABOVE.” The mailer must also request return receipt service returnable to the PCSC PACT mailing office. Shipments containing more than 12 packs of cigarettes are not mailable under this exception.
Q. Can smokeless tobacco be distributed by manufacturers to consumers by U.S. mail as part of a consumer testing program?
A. No. Consumer testing mailings sent by mail are restricted to cigarettes.
Q. I don’t understand why business mailers sending consumer samples or shipments between businesses have to request return receipts returnable to the PCSC rather than the sender.
A. By law, the Postal Service must maintain records, to include sender and recipient identity, for 3 years for each shipment sent under the “business/regulatory purposes” or “consumer testing/public health” exceptions. Currently, records of Express Mail shipments with this information are not maintained as required by the PACT Act. Consequently, the use of return receipts returnable to the PCSC provides a centralized way for the Postal Service to maintain records of each shipment.
Q. We are aware of retailers that are sending cigarettes sold to consumers by U.S. mail. Is this legal?
A. No. Sales transactions of cigarettes sold to consumers by mail are banned and no exceptions apply, except for sales transactions entirely within Alaska or Hawaii.
Q. May customers send cigarettes in international mail?
A. No. The exceptions for mailing of cigarettes and smokeless tobacco apply only to domestic mail (excluding mail treated as domestic addressed to the freely associated states with ZIP Codes 96939–96944, 96960, and 96970). The exceptions also apply to mail sent from the United States to APO/FPO/DPO addresses, but not to mail sent from such installations. No cigarettes or smokeless tobacco may be mailed internationally.
Q. How do I know what the minimum age a customer must be to mail or receive cigarettes in the Post Office where I work?
A. Individuals sending shipments under the “certain individuals” exception must furnish proof of age at the time of mailing and must orally confirm that the addressee is of age to purchase tobacco at the place of destination. In the case of all mailings by individuals, the operative legal age to purchase tobacco is age 18 in all states and U.S. territories and possessions, with the exception that the minimum age is 19 in the states of Alaska, Alabama, New Jersey, and Utah, and in Nassau, Onondaga, and Suffolk counties in New York. Regardless of a lower state minimum age, delivery of cigarettes mailed under the “consumer testing/public health” exception is restricted to the addressee, who must be least 21 years of age.
Q. May individual customers in the United States send cigarettes and smokeless tobacco as gifts in overseas military mail?
A. That depends. Some overseas host countries do not allow cigarettes and tobacco items in military mail, and such gifts may be prohibited, so first check the Postal Bulletin for cigarette/tobacco restrictions based on the ZIP Code of the APO/FPO/DPO installation. If cigarettes and tobacco items are permitted, customers must use Express Mail Military Service (EMMS) for shipping these items to APO/FPO/DPO addresses. Customers should also be aware that Express Mail Military Service is not available to all APO/FPO/DPO ZIP Codes. Hold For Pickup service is not required; however, the package must weigh 10 ounces or less and bear the complete name and address of the sender and addressee, along with the marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.” The sender must show photo identification establishing that he or she is at least 18 years old or the minimum age for purchase of tobacco where the package is entered, whichever is higher. Furthermore, at the time of the transaction, the sender must orally affirm that the addressee is at least 18 years old or the minimum age for purchase of tobacco where the package is being delivered, whichever is higher. No more than 10 such mailings may be sent by a single individual in a 30-day period.
Q. An individual adult customer in the contiguous 48 states wants to mail smokeless tobacco to a friend or relative. Is this allowed?
A. Generally, yes, if the shipment is being sent as a gift and not as a sales transaction. The sender must show photo identification establishing that he or she is at least 18 years old or the minimum age for purchase of tobacco where the package is entered, whichever is higher. Furthermore, at the time of the transaction, the sender must orally affirm that the addressee is at least 18 years old or the minimum age for purchase of tobacco where the package is being delivered, whichever is higher. The Express Mail package must weigh 10 ounces or less, bear the complete name and address of the sender and addressee, and include the marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.” No more than 10 such mailings may be sent by a single individual in a 30-day period.
Q. An individual adult customer wants to mail smokeless tobacco to the manufacturer as part of a product recall. Is this allowed?
A. Yes, as long as the shipment is sent via Express Mail service with Hold For Pickup service; however, the package must weigh 10 ounces or less and bear the complete name and address of the sender and addressee. Furthermore, the sender must show photo identification establishing that he or she is at least 18 years old or the minimum age for purchase of tobacco where the package is being sent, whichever is higher.
Q. How old must an individual be to receive a mailing bearing a marking indicating it contains cigarettes or smokeless tobacco?
A. That depends. For shipments bearing the markings:
“PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT”
and
“PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE,”
the minimum age is the higher of 18 years old or the state or local minimum age for purchase of cigarettes or smokeless tobacco. But for shipments bearing the special marking:
“PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION — AGE 21 OR ABOVE,”
the minimum age is always 21.
Q. Our office is holding for pickup an Express Mail package bearing the marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT.” What should we do?
A. When the addressee appears at the retail unit to retrieve the package, the recipient must prove that he or she is an employee of the business addressee. The recipient must also show photo identification establishing that he or she is at least 18 years old or the state or local minimum age for purchase of cigarettes or smokeless tobacco, whichever is higher.
Q. May customers use Carrier Pickup service for cigarette and smokeless tobacco shipments under the available exceptions?
A. No. All shipments of cigarettes and smokeless tobacco must be tendered in face-to-face transactions with postal employees (excluding Carrier Pickup service or Pickup on Demand service).
Q. May a business in the tobacco industry in the lower 48 states send cigarettes to another business in the tobacco industry by mail?
A. Generally, yes, but such businesses must apply for eligibility first. At the time of the mailing, the business must present a letter from the New York PCSC that shows that the mailer is eligible to enter the mailing under the “business/regulatory purposes” exception. Check the letter to make sure that the PCSC letter lists your location as an eligible entry point for restricted tobacco mailings. In addition, the mailer must use the Express Mail label for Hold For Pickup service and mark each shipment with the following marking: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT.” The mailer must request return receipt service returnable to the PCSC PACT Mailing Office. There is no weight or frequency restriction on eligible shipments.
Q. Why is the minimum age for purposes of these rules always at least 18?
A. Under federal regulations promulgated by the U.S. Food & Drug Administration, effective June 22, 2010, cigarettes and smokeless tobacco may not be sold to anyone younger than 18 years of age. States and local governments can set a higher minimum age for their jurisdictions, however. Consequently, tobacco mailings may not be sent by or to persons who are not at least 18 years old, unless state or local law sets a higher minimum age.
Q. A business mailer has presented us with a letter from the PCSC authorizing mailings of cigarettes at our installation, and seeks to mail containers using Express Mail with Hold For Pickup service. Is this all they need to do?
A. No. The mailings must bear return receipts returnable to the New York PCSC. The mailings must also bear one of the following markings, depending on the identity of the addressee and the reason for mailing:
PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT
or
PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION — AGE 21 OR ABOVE.
If the customer does not pay the fee for return receipt or include the required markings, the mailings must be refused.
Q. One of our customers wants to schedule a free Carrier Pickup of a shipment containing cigarettes. What should we do?
A. Advise the customer to present the package at the Post Office, because Pickup on Demand service and free Carrier Pickup service are not available for shipments containing cigarettes or smokeless tobacco.
Q. How do I know if a business customer is listed on the Attorney General’s List of Unregistered or Noncompliant Delivery Sellers?
A. The Department of Justice has until late September to issue this list and share it with the Postal Service. At this time, there is no list. Further instructions on how the list will be administered by the Postal Service will be forthcoming.
For Individual Customers
Q. Why are cigarettes and smokeless tobacco nonmailable matter?
A. This results from legislation enacted on March 31, 2010, known as the “Prevent All Cigarette Trafficking Act.” The Postal Service is obligated to implement the provisions of this law.
Q. When does the law become effective?
A. Cigarettes and smokeless tobacco become nonmailable matter effective June 29, 2010.
Q. What products are now being made nonmailable?
A. Cigarettes, including roll-your-own tobacco, and smokeless tobacco are nonmailable matter, unless the shipments fall within certain exceptions.
Q. I sometimes buy cigarettes from an Internet website, which distributes them by U.S. mail. Are cigarettes sent to me by mail as part of a sales transaction allowed?
A. No. As of June 29, 2010, cigarettes sold by vendors cannot be distributed by U.S. mail, except for intrastate shipments that originate and destinate entirely within Alaska or Hawaii.
Q. A mail order vendor in the lower 48 states advises that it will sell me cigarettes with tax stamps in my state and will send them to me by U.S. mail. Is this allowed?
A. No. As of June 29, 2010, cigarettes sold by vendors cannot be distributed by U.S. mail, except for intrastate shipments that originate and destinate within either Alaska or Hawaii.
Q. Can I continue to buy exotic foreign cigarettes sent to me by mail from a foreign mail order vendor?
A. No. As of June 29, 2010, cigarettes sold by foreign vendors cannot be distributed through U.S. mail.
Q. Are cigars mailable?
A. Yes, cigars are mailable matter.
Q. I live in Alaska and my grocery store in Fairbanks sends me cigarettes by U.S. mail. Is this allowed?
A. Yes, as long as the grocer mails them to your residence from a Post Office in Alaska. Cigarette and smokeless tobacco shipments in Alaska will continue as long as the grocer complies with certain mailing requirements.
Q. I live in the United States and would like to mail a gift of cigarettes to my relative serving overseas in the military. Is this allowed?
A. That depends. As long as all of the following apply, you should be able to send cigarettes to your relative via Express Mail service:
1. Your relative is of legal age to purchase cigarettes where he is stationed.
2. Express Mail service is available to the APO/FPO/DPO address where he is stationed.
3. The host country where he is stationed allows cigarettes in shipments to that destination (see the article “Overseas Military/Diplomatic Mail” in the current issue of the Postal Bulletin).
Note that the package has to weigh 10 ounces or less and bear the marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.” You can only send up to 10 such mailings in a 30-day period.
Q. I plan to mail two cartons of cigarettes to a friend using Express Mail service with Hold For Pickup service with the appropriate marking. Is this allowed?
A. No. Based on our estimates, a carton can weigh somewhere between 9.92 and 10.4 ounces, and two cartons would be twice that amount, which would be clearly in excess of the 10-ounce limitation on individual shipments. Even a single carton containing 10 packs of cigarettes with a mailing container or additional contents or packaging would likely be too heavy, so it is likely that you will have to send less than a carton of cigarettes to keep below the 10-ounce limit.
Q. Does the 10-ounce weight limit apply to shipments of cigarettes and smokeless tobacco sent entirely within Alaska and Hawaii?
A. No.
Q. How do I know the minimum age I must be to mail or receive cigarettes by mail?
A. When mailing under the “certain individuals” exception, you must furnish proof of age at the time of mailing and orally confirm that the addressee is of age to purchase tobacco at the place of destination. In the case of all mailings by individuals, the minimum age to purchase tobacco is age 18 in all states and U.S. territories and possessions, with the exception that the minimum age is 19 in the states of Alaska, Alabama, New Jersey, and Utah, and in Nassau, Onondaga, and Suffolk counties in New York. Regardless of a lower state minimum age, delivery of cigarettes mailed under the “consumer testing/public health” exception is restricted to the addressee, who must be least 21 years of age.
Q. I was at a Post Office yesterday and was asked to furnish a photo identification in order to retrieve an Express Mail package addressed to me containing cigarettes. Is this required?
A. Yes. One of the purposes of the PACT Act is to prevent minors from obtaining access to cigarettes and smokeless tobacco outside the context of a face-to-face transaction with a retailer. The Act requires that the Postal Service promulgate rules to ensure that only adults receive packages containing cigarettes or smokeless tobacco. The production of photo identification reduces the risk of access by minors to tobacco.
Q. I am planning to mail smokeless tobacco to a friend of mine as a gift. What is required?
A. You will need to mail the article in a face-to-face transaction with a postal employee at a Post Office. The package must weigh no more than 10 ounces. Furnish government-issued photo identification when mailing. When mailing the item, advise the acceptance employee that the package contains cigarettes and confirm that the addressee is at least 18 years old or the minimum age required to purchase tobacco products in the state or locality where he or she is located, whichever is higher. Also, with the exception of overseas APO/FPO/DPO mailings sent from the United States, use an Express Mail with “Hold For Pickup” label (Label 11-HFPU). Be sure to include your full name and address, as well as the addressee’s full name and address, on the Express Mail label. The addressee will have to retrieve the package at a Post Office. Write the following marking on the address side of the piece: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE.” You can send up to 10 such mailings in a 30-day period.
Q. Can I send cigarettes from my home in California to my cousin in Anchorage, Alaska, as a gift by simply marking the package “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO”?
A. No. That marking is only available for mailings from one location in Alaska to another location in Alaska.
Q. My 18-year-old daughter is a student in college in a state where the minimum age to buy tobacco is 19. I live in a state where the minimum age to purchase tobacco is 18. Can I send cigarettes to her by Express Mail with Hold For Pickup service from my home?
A. No. Even though your daughter is old enough to buy cigarettes in your home state, she must be at least 19 in order to receive Express Mail shipments of cigarettes because the shipment will be delivered in a place where the minimum age is 19. In other words, if your daughter is not old enough to buy cigarettes in the place where she is located, she cannot receive cigarettes by mail there either.
Q. How old must I be to receive free consumer testing samples of cigarettes by a tobacco manufacturer?
A. Any free samples that a manufacturer distributes by mail for consumer testing are subject to a national minimum age of 21.
Q. Can I mail cigarettes to my cousin who lives in France?
A. No. The exceptions for legal mailing of cigarettes and smokeless tobacco apply only to domestic mail. The exceptions include shipments from the U.S. to APO/FPO/DPO addresses. No exceptions apply, however, to mailings from the U.S. to foreign countries as international mail.
Q. I travel abroad and sometimes buy duty-free cigarettes. Rather than carrying them with me, I mail them to my home address before my return trip to the United States. Is this permitted if I mail them at a foreign Post Office?
A. No. Mailing of cigarettes and smokeless tobacco is prohibited for all international mail, inbound or outbound. The exceptions for legal mailing of cigarettes and smokeless tobacco apply only to U.S. domestic mail.
Q. Why is the minimum age for purposes of your rules always at least 18?
A. Under federal regulations promulgated by the U.S. Food & Drug Administration, effective June 22, 2010, cigarettes and smokeless tobacco may not be sold to anyone younger than 18 years of age. States and local governments can set a higher minimum age for their jurisdictions, however. Consequently, tobacco mailings may not be sent by or to persons who are not at least 18 years old, but state or local law may set a higher minimum age.
Q. Why do I have to use Express Mail service to send permitted shipments of cigarettes or smokeless tobacco?
A. Federal law requires that all shipments of cigarettes and smokeless tobacco (except for intrastate shipments in Alaska or Hawaii) must be sent with a service that provides tracking and confirmation of delivery. The postal product that satisfies this requirement is Express Mail service.
Q. Why is Hold For Pickup service required? It’s inconvenient for the addressee to have to go to the Post Office to retrieve a package containing mailable cigarettes or smokeless tobacco.
A. The Postal Service requires Express Mail with Hold for Pickup service on all shipments (except those entirely within Alaska or Hawaii) because this enables the Postal Service to focus its resources on implementing the PACT Act’s unique delivery requirements in retail installations, and thereby reduce the risk that tobacco shipments may reach the hands of minors.
Q. I want to send a package containing cigarettes by mail. Can I give it to my carrier for free Carrier Pickup service?
A. No. Carrier Pickup service and Pickup on Demand service are not available for mailed shipments of cigarettes or smokeless tobacco. Visit your local Post Office to ship any package containing cigarettes or smokeless tobacco.
Q. Who can we contact for general questions about tobacco mailings?
A. Your local Post Office and the USPS call center at 800-ASK-USPS are available to answer questions from consumers about mailability.
For Business Customers
Q. We are a retailer that sells cigarettes by mail to consumers. Can we mail cigarettes after June 29, 2010?
A. No. As of June 29, 2010, cigarettes sold by vendors cannot be distributed to consumers by U.S. mail, except for intrastate shipments that originate and destinate entirely within Alaska or Hawaii.
Q. We are a tobacco manufacturer that conducts consumer testing samples of cigarettes. What must we do to mail these shipments to individual product testers?
A. First, your company must send an application letter to the New York Pricing & Classification Service Center (PCSC) requesting a “consumer testing/public health” exception. As part of your application, your company must certify that it will adhere to several requirements. Once approved, your company can mail at any locations listed on your approved application. The PCSC will send your company a letter establishing eligibility. The letter will list your company’s eligibility number and the locations where mailings may be entered. Your company must also maintain certain records as stated in your eligibility letter. At the time of each mailing, your company must present a copy of the letter with the mailing in a face-to-face transaction with a postal employee; Carrier Pickup service and Pickup on Demand service are not permitted. Each shipment must use Express Mail Label 11-HFPU for “Hold For Pickup” and bear the following marking: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION — AGE 21 OR ABOVE.” Each mailing must request return receipt service returnable to the PCSC PACT Mailing Office. The eligibility number issued by the PCSC must also be printed in the return address block of the return receipt. Shipments are restricted to no more than 12 packs of cigarettes per container.
Q. Must consumer testing samples mailed in the lower 48 states to testers in Alaska or Hawaii, or vice versa, comply with any requirements?
A. Yes, all of the same requirements apply to consumer testing samples sent to Alaska or Hawaii from any other state and vice versa.
Q. We are a tobacco industry company with all applicable licenses. We mail cigarettes and smokeless tobacco to other businesses and to regulatory agencies. What must we do to mail cigarettes to other businesses in the industry and to government agencies?
A. First, your company must send an application letter with certain documentation to the PCSC. The PCSC will send your company a letter establishing eligibility. The approval letter will list your company’s eligibility number and the locations where mailings may be entered. At the time of each mailing, your company must present the letter with the mailing in a face-to-face transaction with a postal employee. Once approved, your company can mail at any locations listed on your approved application, and only to other businesses or government agencies whose names and addresses appear in your application. Each shipment must use Express Mail Label 11-HFPU and bear the following marking: “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSED BUSINESS/AGENCY — RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT.” Each mailing must request return receipt service returnable to the PCSC PACT Mailing Office. The eligibility number issued by the PCSC must also be printed in the return address block of the return receipt.
Q. Why does my business have to include a return receipt returnable to the PCSC?
A. By law, the Postal Service must maintain records for 3 years for each shipment sent under the “business purposes” or “consumer testing” exceptions. Currently, records of Express Mail shipments with the necessary information about a mailing are not maintained as required by the PACT Act. Consequently, the use of return receipts returnable to the PCSC provides a centralized way for the Postal Service to maintain records of each shipment.
Q. What is the address of the PCSC that we must use on our return receipts for mailings entered under the business/regulatory and consumer testing exceptions?
A. The address to use on return receipts is:
PCSC Pact Mailing Office
USPS Eligibility No. XX-00-0000
90 Church Street, Suite 3100
New York, NY 10007-2951
The return receipt must bear your eligibility number as well as the full name and address of the addressee.
Q. Who can we contact if we have questions about our application that cannot be answered by local postal personnel?
A. For questions about applications and eligibility letters for business customers, contact the PCSC by telephone at 212-330-5300 or by fax at 212-330-5320, with attention to the PACT Mailing Office.
Q. What will the Postal Service do with the return receipts?
A. According to federal law, these records must be made available to law enforcement agencies for a 3-year period.
Q. Is there a quantity or frequency limitation under the “business/regulatory purposes” exception?
A. No.
Q. Is there a frequency limitation under the “consumer testing” exception for cigarettes sent by manufacturers to individuals for testing purposes?
A. Yes. A manufacturer may send no more than one package (which may contain no more than 12 packs of cigarettes, that is, 240 cigarettes) to any one adult smoker during any 30-day period.
Mailable Cigarettes and Smokeless Tobacco: Acceptance Rules
Mailable Cigarettes and Smokeless Tobacco: Delivery Rules
Standard Operating Procedures
Retail Acceptance of Express Mail Hold For Pickup
1. Greet customer.
2. Place item on scale.
3. Verify that the customer desires domestic Express Mail Hold For Pickup service. Select Express Mail service and encourage the customer to use authorized USPS Express Mail packaging.
Note: If the customer is shipping a package containing cigarettes (including roll-your-own tobacco) and/or smokeless tobacco in compliance with the PACT Act, follow instructions provided in the “Acceptance and Delivery Procedures” (based on the exception) located on the Retail Operations webpage.
Note: You will now be prompted to scan the Express Mail label immediately after selecting the mail class.
4. If the POS, IRT, or Express Mail Manual indicates Express Mail Hold For Pickup service is available, inform the customer of the availability.
5. If customer chooses Express Mail Hold For Pickup service, continue with the current Express Mail workflow.
Note: POS ONLY — if there are multiple sites with the same 5-digit ZIP Code, a screen will be displayed with the possible sites for you to choose from, and this list can also be printed for the customer.
6. Complete the ORGIN POSTAL USE ONLY section of Express Mail Label 11-HFPU writing the Month/Day/Year in the Pickup Availability Date section, and check either the 10 a.m., 12:00 p.m., or 3 p.m. box as indicated by the POS, IRT, or Express Mail Manual.
Note: Express Mail Hold For Pickup service is guaranteed by either 10:00 a.m., 12:00 p.m., or 3:00 p.m., depending upon destination Post Office.
7. Write the full rate of postage in the “Postage” and “Total Postage and Fees” block.
8. Ensure that the “CUSTOMER USE ONLY” section of Express Mail Label 11-HFPU is complete with the following information:
n Sender name and complete address in the “FROM (Required)” section.
n Contact phone number, name, address of recipient (for ID purposes only) in the “HOLD FOR: (Contact Required)” section.
n Post Office name, street address, and ZIP+4 in the “PICKUP LOCATION (REQUIRED)” section.
Note: The contact number will be used to automatically contact that number (by an automated system) once the Express Mail piece has been scanned “Arrival at Pickup Point” at the destination Post Office. Inform the customer that if he/she fails to list a contact number, it will be the customer’s responsibility to communicate when the package can be picked up.
9. Suggest to the customer any additional services for the mailpiece as appropriate.
10. Ask the customer if any other additional products are needed (i.e., stamps, packaging supplies, etc.).
11. Affix the postage to the article.
12. Collect the funds for the transaction, and thank the customer.
13. Dispatch all Express Mail items according to local policy. No special separation of Express Mail Hold For Pickup service is required.
Automated Postal Center Procedures for Express Hold For Pickup Service
The Automated Postal Center® (APC®) will permit the customer to print postage for Express Mail Hold For Pickup service and to lookup which Post Offices offer Express Mail Hold For Pickup service. The customer will be required to use and complete an Express Mail Label 11-HFPU and attach it to the package.
As these items are scanned to start the clock on the POS, IRT, or manual terminal, select the Hold For Pickup choice during the acceptance transaction and enter the contact number.
Mail Processed From Carrier Pickup or Collection Boxes
For Express Mail items using Express Mail Label 11-HFPU, process labels as normal. If the POS or IRT terminal or Express Mail service supplies Hold For Pickup availability, determine if sufficient postage was attached for Hold For Pickup service. If sufficient postage was attached, process as above for Express Mail Hold For Pickup service. Employees must ensure to scan the mailpiece as accepted and enter the contact phone number.
Express Mail Corporate Accounts.
When a customer mails an Express Mail item and uses an Express Mail Corporate Account for payment, and Express Mail Hold For Pickup is available, ensure that Express Mail Label 11-HFPU is complete and process the mailpiece. Employees must ensure to scan the mailpiece as accepted and enter the contact phone number.
— Customer Service Standardization,
Delivery and Post Office Operations, 6-17-10
