North Dakota Code 51-32-01 – Prohibited acts regarding sale of tobacco products, electronic smoking devices, or alternative nicotine products to an individual under twenty-one years of age
1. It is unlawful for any person in the business of selling tobacco products to take an order for a tobacco product, other than from a person who is in the business of selling tobacco products, through the mail or through any telecommunications means, including by telephone, facsimile, or the internet, if in providing for the sale or delivery of the product pursuant to the order, the person mails the product or ships the product by carrier, and the person fails to comply with each of the following procedures:
Terms Used In North Dakota Code 51-32-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. Before mailing or shipping the product, the person receives from the individual who places the order the following:
(1) A copy of a valid government-issued document that provides the name, address, and date of birth of the individual; and
(2) A signed statement from the individual providing a certification that the individual:
(a) Is a smoker of legal minimum purchase age in the state; (b) Has selected an option on the statement as to whether the individual wants to receive mailings from a tobacco company; and
(c) Understands that providing false information may constitute a violation of law.
b. Before mailing or shipping the product, the person:
(1) Verifies the date of birth or age of the individual against a commercially available database; or
(2) Obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order.
c. Before mailing or shipping the product, the person provides to the prospective purchaser, by electronic mail or other means, a notice that meets the requirements of section 51-32-04.
d. In the case of an order for a product pursuant to an advertisement on the internet, the person receives payment by credit card, debit card, or check for the order before mailing or shipping the product.
e. (1) The person employs a method of mailing or shipping the product requiring that the individual purchasing the product:
(a) Be the addressee; (b) Have an individual of legal minimum purchase age sign for delivery of the package; and
(c) If the individual appears to the carrier making the delivery to be under twenty-seven years of age, take delivery of the package only after producing valid government-issued identification that bears a photograph of the individual, indicates that the individual is not under the legal age to purchase cigarettes, and indicates that the individual is not younger than the age indicated on the government-issued document.
(2) The bill of lading clearly states the requirements in subdivision e and specifies that state law requires compliance with the requirements.
f. The person notifies the carrier for the mailing or shipping, in writing, of the age of the addressee as indicated by the government-issued document.
2. It is unlawful for any person in the business of selling electronic smoking devices or alternative nicotine products to take an order for an electronic smoking device or alternative nicotine product, other than from a person who is in the business of selling electronic smoking devices or alternative nicotine products through the mail or through any telecommunications means, including by telephone, facsimile, or the internet, if in providing for the sale or delivery of the product pursuant to the order, the person mails the product or ships the product by carrier, and the person fails to comply with each of the following procedures:
a. Before the sale of the electronic smoking device or alternative nicotine product verifies the purchaser is at least twenty-one years of age through a commercially available database that is regularly used by business or governmental entities for the purpose of age and identity verification; and
b. Uses a method of mailing, shipping, or delivery which requires an individual of legal minimum purchase age to sign for delivery before the electronic smoking device or alternative nicotine product is released to the purchaser.
3. As used in subsection 2, “electronic smoking devices” and “alternative nicotine products” have the same meaning as in section 12.1-31-03.