Friday, March 27, 2015 7:56:01 PM
472.23 Exception for Certain Individuals
The exception for certain individuals permits the mailing of small quantities of cigarettes or smokeless tobacco by individual adults to businesses or to other adults. Such shipments may include, but are not limited to, cigarettes and smokeless tobacco exchanged as gifts between individual adults and a damaged or unacceptable tobacco product returned by a consumer to the manufacturer. For purposes of this rule, “gifts?? do not include products purchased by one individual for another from a third-party vendor through a mail-order transaction, or the inclusion of cigarettes or smokeless tobacco at no additional charge with other matter pursuant to a commercial transaction. Eligibility to mail under the certain individuals exception may be revoked by the manager, PCSC, in the event of failure to comply with any applicable rules and regulations. A customer may appeal an adverse initial decision to the manager, Product Classification (see 214 for address). The mailer bears the burden of proof in establishing eligibility in the event of revocation. Decisions by the manager, Product Classification, to revoke a customer's eligibility under this exception may be appealed to the Judicial Officer under 39 CFR part 953. Mailings under this exception must be made under the conditions in 472.23 through 472.233.
472.231 Entry and Acceptance
Mailings under the certain individuals exception must be entered under the following conditions:
Cigarettes or smokeless tobacco may only be mailed via a face-to-face transaction with a Postal Service employee. Applicable mailings may not be tendered through Pickup on Demand or Package Pickup services.
Cigarettes or smokeless tobacco may only be entered by an adult of at least the minimum age for the legal sale or purchase of tobacco products at the place of entry.
The individual presenting the mailing must furnish government-issued photo identification that lists age or date of birth, such as a driver's license or passport, at the time of the mailing. The name on the identification must match the name of the sender appearing in the return address block of the mailpiece.
For mailings addressed to an individual, at the time the mailing is presented, the customer must orally confirm that the addressee is an adult of at least the minimum age for the legal sale or purchase of tobacco products at the place of delivery.
472.232 Mailing
No customer may send or cause to be sent more than 10 mailings under this exception in any 30-day period. Each mailing under the certain individuals exception must:
Be entered (package pickup not permitted) as Priority Mail Express with Hold For Pickup service, Priority Mail Express with an Adult Signature service (see DMM 503.9.0), or Priority Mail with an Adult Signature service, unless shipped to APO/FPO/DPO addresses under 472.234.
Bear the marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT OF LEGAL AGE?? on the address side of the exterior of the mailpiece (place the marking directly above, below, or to the left of the postage);
Bear the full name and mailing address of the sender and recipient on the Priority Mail Express or Priority Mail label;
Weigh no more than 10 ounces.
472.233 Delivery
Delivery under the certain individuals exception is made under the following conditions:
The recipient receiving or signing for the article must be an adult of at least the minimum age for the legal sale or purchase of tobacco products at the place of delivery.
The recipient must furnish proof of age via a driver's license, passport, or other government-issued photo identification that lists age or date of birth.
For Priority Mail Express or Adult Signature articles, once age is established, the recipient must sign PS Form 3849 in the appropriate signature block.
I would verify the information above with your local Post Office before buying any Red Sun as gifts for us investors.
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