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245-17. Delivery sales

(a) No person shall conduct a delivery sale or otherwise ship or transport, or cause to be shipped or transported, any electronic smoking device in connection with a delivery sale to any person under the age of twenty-one.
(b) A person who makes delivery sales shall not accept a purchase or order from any person without first obtaining the full name, birth date, and address of that person and verifying the purchaser's age by:
(1) An independently operated third-party database or aggregate of databases that are regularly used by government and businesses for the purpose of age and identity verification and authentication;
(2) Receiving a copy of a government issued identification card from the purchaser;  or
(3) Requiring age and signature verification in the shipment process and upon and before actual delivery.
(c) The purchaser shall certify their age before completing the purchaser's order.
(d) Any person who violates this section shall be fined $500 for the first offense.  Any subsequent offenses shall subject the person to a fine of no less than $500 but no more than $2,000.  Any person under twenty-one years of age who violates this section shall be fined $10 for the first offense;  provided that any subsequent offense shall subject the person to a fine of $50, no part of which shall be suspended, or the person shall be required to perform no less than forty-eight hours but no more than seventy-two hours of community service during hours when the person is not employed or attending school.
(e) The department shall not adopt rules prohibiting delivery sales.
(f) For the purposes of this section:
“Delivery sale” means any sale of an electronic smoking device to a purchaser in the State where either:
(1) The purchaser submits the order for sale by means of a telephonic or other method of voice transmission, the mail or any other delivery service, or the internet or other online service;  or
(2) The electronic smoking device is delivered by use of the mail or any other delivery service.
The foregoing sales of electronic smoking devices shall constitute a delivery sale regardless of whether the seller is located within or without the State.
“Electronic smoking device” means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.




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