FAQs

Q: What are the weight restrictions for cigarettes and smokeless tobacco for delivery?

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.

Q: What is determined to be a delivery sale?

Any sale of cigarettes or smokeless tobacco to a consumer if 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 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.

Q: Can I use the USPS for B2B Shipments?

Companies seeking to use USPS for business-to-business deliveries must first submit an application to the USPS Pricing and Classification Service Center and comply with several other shipping, labeling, and delivery requirements.

Q: What are the PACT ACT Labeling requirements?

For any shipping package containing 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—the following clear and conspicuous statement: “CIGARETTES/SMOKELESS TOBACCO: FEDERAL LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING OBLIGATIONS.”

Q: What is the PACT Act?

On June 29, 2010, the Prevent All Cigarette Trafficking Act (PACT Act) went into effect. This federal law amends the Jenkins Act, 15 U.S.C. Chapter 10A, which governs the collection of taxes on, and trafficking in, cigarettes and smokeless tobacco. The PACT Act revised definitions in the Jenkins Act, provided new requirements for registration reporting, record keeping, and increased penalties for criminal violations. The PACT Act also generally prohibits mailing cigarettes and smokeless tobacco through the U.S. Postal Service. On December 27, 2020, the PACT Act was amended to include Electronic Nicotine Delivery Systems or “ENDS”. This change is effective March 27, 2021.

Q: What tobacco products are covered under the PACT Act?

According to 18 U.S.C. 2341 and 25 U.S.C. 5702, cigarettes include: • Any roll of tobacco wrapped in paper or in any substance not containing tobacco. • Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to, or purchased by, consumers as a cigarette as described in the bullet above. • Roll-your-own tobacco, and • an Electronic Nicotine Delivery System ENDS

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What are the weight restrictions for cigarettes and smokeless tobacco for delivery?

What is determined to be a delivery sale?

Can I use the USPS for B2B Shipments?

What are the PACT ACT Labeling requirements?

What is the PACT Act?

What tobacco products are covered under the PACT Act?

Let’s Get Pact Act Compliant!

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