42-3223. Age verification

A. A person shall not mail, ship or otherwise deliver tobacco products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person accepting the order for the delivery sale:

1. Obtains from the individual submitting the order a certification that includes both:

(a) Reliable confirmation that the individual is an adult.

(b) A statement signed by the individual in writing and under penalty of perjury that both:

(i) Certifies the address and date of birth of the individual.

(ii) Confirms that the individual wants to receive delivery sales from a tobacco company and understands that, under the laws of this state, signing another individual's name to the certification is illegal, that the sale of tobacco products to individuals under the legal minimum purchase age is illegal and that the purchase of tobacco products by individuals under the legal minimum purchase age is illegal.

2. Makes a good faith effort to verify the information contained in the certification provided by the individual pursuant to paragraph 1 against a commercially available database that may be reasonably relied on for accurate age information or obtains a photocopy or other image of a valid government issued identification that states the date of birth or age of the individual.

3. Provides to the individual, via electronic mail or other means, a notice that meets the requirements of section 42-3224.

4. If an order for tobacco products is made pursuant to an advertisement on the internet, receives payment for the delivery sale from the consumer by a credit or debit card that has been issued in the name of the consumer or by personal or company check of the consumer.

B. A person accepting an order for a delivery sale may request that a consumer provide an electronic mail address.

42-3223. Age verification

A. A person shall not mail, ship or otherwise deliver tobacco products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person accepting the order for the delivery sale:

1. Obtains from the individual submitting the order a certification that includes both:

(a) Reliable confirmation that the individual is an adult.

(b) A statement signed by the individual in writing and under penalty of perjury that both:

(i) Certifies the address and date of birth of the individual.

(ii) Confirms that the individual wants to receive delivery sales from a tobacco company and understands that, under the laws of this state, signing another individual's name to the certification is illegal, that the sale of tobacco products to individuals under the legal minimum purchase age is illegal and that the purchase of tobacco products by individuals under the legal minimum purchase age is illegal.

2. Makes a good faith effort to verify the information contained in the certification provided by the individual pursuant to paragraph 1 against a commercially available database that may be reasonably relied on for accurate age information or obtains a photocopy or other image of a valid government issued identification that states the date of birth or age of the individual.

3. Provides to the individual, via electronic mail or other means, a notice that meets the requirements of section 42-3224.

4. If an order for tobacco products is made pursuant to an advertisement on the internet, receives payment for the delivery sale from the consumer by a credit or debit card that has been issued in the name of the consumer or by personal or company check of the consumer.

B. A person accepting an order for a delivery sale may request that a consumer provide an electronic mail address.