§ 11-9-13.11 — § 11-9-13.11. Prohibition on the sale or distribution of tobacco products, including electronic nicotine-delivery system products, through the mail — Conveyance of tobacco products, including electronic nicotine-delivery system products, through the mail to individuals under twenty-one (21) — Proof of age of purchaser required — General rule.

Rhode Island § 11-9-13.11

• Jurisdiction: Rhode Island
• Title 11: Criminal Offenses
• Ch. 11-9: Children

Text

§ 11-9-13.11. Prohibition on the sale or distribution of tobacco products, including electronic nicotine-delivery system products, through the mail — Conveyance of tobacco products, including electronic nicotine-delivery system products, through the mail to individuals under twenty-one (21) — Proof of age of purchaser required — General rule.

(a) The distribution, or sale or conveyance of tobacco products, including electronic nicotine-delivery system products, to individuals under the age of twenty-one (21) via the United States Postal Service, or by any other public or private postal or package delivery service, shall be prohibited.

(b) Any person, including, but not limited to, on-line retailers, selling or distributing tobacco products in the form of little cigars as defined in § 44-20.2-1, snuff, any and all products defined in § 44-20-1, or electronic nicotine-delivery system products directly to a purchaser via the United States Postal Service, or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product, including electronic nicotine-delivery system products, through any of these means, receive both a copy of a valid form of government identification showing date of birth to verify the purchaser is age twenty-one (21) years or over and an attestation from the purchaser certifying that the information on the government identification truly and correctly identifies the purchaser and the purchaser's current address, and (2) deliver the tobacco product, including electronic nicotine-delivery system products, to the address of the purchaser given on the valid form of government identification and by a postal or package delivery service method that either limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or requires a signature of an individual age twenty-one (21) or over at the purchaser's address to deliver the package.

(c) The attorney general shall bring an action for any violation of this chapter. Any distribution, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system products, to an individual under twenty-one (21) years of age via the United States Postal Service, or by any other public or private postal or package delivery service, shall be subject to an action against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco products, including electronic nicotine-delivery system products, via the United States postal service, or by any other public or private postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system products, to an individual under twenty-one (21) years of age.

(d) For the purpose of this section, "distribution,� "distributing,� "selling� and "sale� do not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's contents.

(e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in subsection (b) herein, which include electronic nicotine-delivery system products, but shall not apply to any delivery sale of cigarettes.

Legislative History

P.L. 1996, ch. 321, § 1; P.L. 2000, ch. 210, § 1; P.L. 2005, ch. 346, § 1; P.L. 2005, ch. 392, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021; P.L. 2024, ch. 117, art. 6, § 3, effective June 17, 2024.