§ 44-20.1-3 - Age Verification requirements.
SECTION 44-20.1-3
§ 44-20.1-3 Age Verification requirements.– (a) No person shall mail, ship, or otherwise deliver cigarettes in connectionwith a delivery sale unless such person prior to the first delivery sale tosuch consumer:
(1) Obtains from the prospective consumer a certificationthat includes:
(i) A reliable confirmation that the consumer is at least thelegal minimum purchase age; and
(ii) A statement signed by the prospective consumer inwriting that certifies the prospective consumer's address and that the consumeris at least eighteen (18) years of age. Such statement shall also confirm:
(A) That the prospective consumer understands that signinganother person's name to such certification is illegal;
(B) That the sale of cigarettes to individuals under thelegal minimum purchase age is illegal;
(C) That the purchase of cigarettes by individuals under thelegal minimum purchase age is illegal under the laws of the state; and
(D) That the prospective consumer wants to receive mailingsfrom a tobacco company;
(2) Makes a good faith effort to verify the informationcontained in the certification provided by the prospective consumer pursuant tosubsection (1) against a commercially available database, or obtains aphotocopy or other image of the valid, government-issued identification statingthe date of birth or age of the individual placing the order;
(3) Provides to the prospective consumer, via e-mail or othermeans, a notice that meets the requirements of § 44-20.1-4; and
(4) In the case of an order for cigarettes pursuant to anadvertisement on the Internet, receives payment for the delivery sale from theprospective consumer by a credit or debit card that has been issued in suchconsumer's name or by check.
(b) Persons accepting purchase orders for delivery sales mayrequest that the prospective consumers provide their e-mail addresses.