AN INTRODUCTION TO THE PREVENT ALL CIGARETTE TRAFFICKING ACT (PACT ACT)

The PACT Act was originally passed in 2009 in amendment of the Jenkins Act of 1949. The Jenkins Act required retailers and shippers to report cigarette sales to tobacco tax officers in order to avoid nonpayment of taxes and illicit sales. In 2009, the PACT Act was enforced, prohibiting the use of the U.S Postal Service (USPS) to ship cigarettes and smokeless tobacco products to consumers. Signed into law in December 2020 and coming into effect in March 27, 2021, the PACT Act has been extended to include e-cigarettes and vaping products as well.

WHAT DO RETAILERS HAVE TO DO?

With the enforcement of the PACT Act, retailers of vaping products have a new list of responsibilities to abide by. Failure to do so can result in heavy penalties, which can include jail time. As tax requirements and regulations can vary by state, retailers are working with attorneys to ensure compliance by March 27, 2021.

Below is a list of retailer obligations under the PACT Act:

  • Register with the Attorney General of the United States under the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF).
  • Label packages clearly with their content and the required tax stamps.
  • Engage a private carrier that requires proof of age upon delivery.
  • File monthly reports of sales and transactions of all cigarettes and tobacco products, including the names and addresses of buyers and sellers, regardless of whether they are sales to direct customers or transactions between businesses. A list of the products purchased must also be included.
  • Comply with state and local requirements governing the sales of vaping products.

WHAT DO PRIVATE CARRIERS HAVE TO DO?

Under the PACT Act, tobacco and vaping products cannot be shipped by the USPS. Hence, retailers have to work with private carriers to get their products to customers. Below are some of their obligations:

  • Label parcels clearly with a statement that highlights the buyer’s obligation to pay all applicable taxes.
  • Ensure that parcels do not weigh more than 10 pounds.
  • Retain delivery records for up to a period of 5 years.
  • Upon delivery, obtain a signature from a recipient who is of age.

WHAT DOES THIS MEAN FOR CUSTOMERS?

If you frequently purchase vaping products, you may be wondering what these changes mean for you. Below is a summary:

  • Increase in shipping fees as retailers engage private carriers
  • Possible higher cost of products to account for taxes
  • Obligation to pay all applicable taxes
  • Stricter processes of age verification during the checkout and delivery process
  • Retention of personal information

PURCHASE VAPING PRODUCTS FROM DANKTANK BATTERY VAPE PEN

Understandably, you may be apprehensive about what the PACT Act can mean for your shopping experience as a vaper. However, you can be assured that at danktank battery, we are doing everything we can to keep in compliance and ensure that our customers can continue to shop with confidence. Whether you are looking for vaping devices, we are your one-stop shop who always strives to deliver timely and reliably.