New regulations for e-cigarette and vaping compliance under TX SB97
Vaping and e-cigarettes have become popular and are starting to encounter similar regulation that has controlled tobacco sales. For instance, Texas passed TX SB97 to extend Health and Safety Code, Title 2, Subtitle H, 161.453beyond tobacco to include vaping and e-cigarettes.
Companies that are either based in Texas or service Texas residents must now verify the age, date of birth, and address of purchasers starting October 1, 2015. While some sellers have temporarily suspended selling to Texas residents, BlockScore can quickly help you comply with this and similar regulations being enacted in other jurisdictions.
Here is the pertinent text from 161.453 referenced in TX SB97:
(a) A person may not mail or ship cigarettes in connection with a delivery sale order unless before mailing or shipping the cigarettes the person accepting the delivery sale order first:
(1) obtains from the prospective customer a certification that includes:
(A) reliable confirmation that the purchaser is at least 18 years of age; and
(B) a statement signed by the prospective purchaser in writing and under penalty of law:
(i) certifying the prospective purchaser’s address and date of birth;
(ii) confirming that the prospective purchaser understands that signing another person’s name to the certification is illegal, that sales of cigarettes to an individual under the age prescribed by Section 161.082 are illegal under state law, and that the purchase of cigarettes by an individual under that age is illegal under state law; and
(iii) confirming that the prospective purchaser wants to receive mailings from a tobacco company;
(2) makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser under Subdivision against a commercially available database
BlockScore is the simplest way to comply with the requirement to verify age, birth date, and address using a commercially available database as stated above. In your checkout flow, you can collect the required information, submit it to BlockScore, and get a response back from BlockScore in under a second.
As with any compliance program, make sure that you check with your attorney and comply with the other provisions in TX SB97 and 161.453.