Page:United States Statutes at Large Volume 124.djvu/1132

124 STAT. 1106 PUBLIC LAW 111–154—MAR. 31, 2010 operating cigarette manufacturer from using the United States Postal Service to mail cigarettes to verified adult smoker solely for consumer testing purposes, if— ‘‘(i) the cigarette manufacturer has a permit, in good standing, issued under section 5713 of the Internal Revenue Code of 1986; ‘‘(ii) the package of cigarettes mailed under this paragraph contains not more than 12 packs of ciga- rettes (240 cigarettes); ‘‘(iii) the recipient does not receive more than 1 package of cigarettes from any 1 cigarette manufac- turer under this paragraph during any 30-day period; ‘‘(iv) all taxes on the cigarettes mailed under this paragraph levied by the State and locality of delivery are paid to the State and locality before delivery, and tax stamps or other tax-payment indicia are affixed to the cigarettes as required by law; and ‘‘(v)(I) the recipient has not made any payments of any kind in exchange for receiving the cigarettes; ‘‘(II) the recipient is paid a fee by the manufacturer or agent of the manufacturer for participation in con- sumer product tests; and ‘‘(III) the recipient, in connection with the tests, evaluates the cigarettes and provides feedback to the manufacturer or agent. ‘‘(B) LIMITATIONS.—Subparagraph (A) shall not— ‘‘(i) permit a mailing of cigarettes to an individual located in any State that prohibits the delivery or shipment of cigarettes to individuals in the State, or preempt, limit, or otherwise affect any related State laws; or ‘‘(ii) permit a manufacturer, directly or through a legally authorized agent, to mail cigarettes in any calendar year in a total amount greater than 1 percent of the total cigarette sales of the manufacturer in the United States during the calendar year before the date of the mailing. ‘‘(C) RULES.— ‘‘(i) IN GENERAL.—Not later than 180 days after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue a final rule which shall establish the standards and requirements that apply to all mailings described in subparagraph (A). ‘‘(ii) CONTENTS.—The final rule issued under clause (i) shall require— ‘‘(I) the United States Postal Service to verify that any person submitting a tobacco product into the mails under this paragraph is a legally oper- ating cigarette manufacturer permitted to make a mailing under this paragraph, or an agent legally authorized by the legally operating cigarette manu- facturer to submit the tobacco product into the mails on behalf of the manufacturer; ‘‘(II) the legally operating cigarette manufac- turer submitting the cigarettes into the mails under this paragraph to affirm that— Verification. Deadline.