Cigarettes and Tobacco Products

ORS 323.709
Requirements for persons mailing or shipping tobacco in delivery sales


A person may not mail or ship tobacco in connection with a delivery sale order unless the person, before mailing or shipping the tobacco, does all of the following:

(1)

Obtains a certification from the prospective consumer that includes a written statement signed by the prospective consumer that:

(a)

Certifies the prospective consumer’s address and that the prospective consumer is at least the legal minimum purchase age; and

(b)

Confirms that the prospective consumer understands that signing another person’s name to the certification is illegal, that the sale of tobacco to individuals under the legal minimum purchase age is illegal and that the purchase of tobacco by individuals under the legal minimum purchase age is illegal;

(2)

Verifies the information contained in the certification against a commercially available database of government-collected information showing the age or date of birth of the individual placing the order and obtains a photocopy or other image of a valid, government-issued identification stating the age or date of birth of the individual placing the order;

(3)

Provides a notice to the prospective consumer, via electronic mail or other means, that meets the requirements of ORS 323.715 (Notice requirements for delivery sales); and

(4)

In the case of an order for tobacco placed through an Internet website, receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in the name of the prospective purchaser or by a personal check issued by the prospective purchaser. [2003 c.804 §76; 2017 c.701 §21]
Chapter 323

Notes of Decisions

This chapter was not intended to impose a tax on cigarettes sold by an Oregon distributor, to be shipped out of state and sold out of state to ultimate consumers for use out of state. Carter & Son v. Dept. of Rev., 5 OTR 379 (1974)


Source

Last accessed
Jun. 26, 2021