The vape mail ban now applies to all vaping products, including those without nicotine

The fact that the “vape mail ban” came into force at the end of December 2020 is no longer news. Although the way of enactment and the effects of the law have created a lot of stress in the vaping industry.

Congress hid the modified PACT law deep in the 5,000-page document containing the large spending budget for COVID-19 aid.

The pact law

This is short for Prevent All Cigarette Trafficking (PACT). This U.S. law restricts all U.S. based postal services from accepting and delivering all vape products and accessories. Before December 2020, the PACT law only banned the supply of tobacco products. Everything that has to do with vaping is now prohibited from being transported within the United States of America.

This development has nipped several entrepreneurs in the US steam industry in the bud. Sure there is demand, but the link between demand and supply was broken by the USPS’s refusal to ship these vapor products.

A few weeks after the bill was passed, FedEx, DHL, UPS and other couriers in the country had already distributed memos stating that merchants are now banned from using their services to ship vape products.

Currently, some couriers are still shipping vape products between states, but the steps to procure these couriers’ services are more complex than ever.

Everything you need to know about the PACT ACT

For starters, the PACT ACT applies to all steam products.

The amended bill deals with all steam and also includes new statutes for USPS. From registration to reporting to transport restrictions, billing makes everything more difficult. There are ways to work around these red lines, which will be discussed later in this article.

The PACT law now includes ENDS

The electronic nicotine delivery systems (ENDS) are the main change in the PACT Act 2020. When the act was first passed in 2009, it was only meant to stop the USPS from moving smokeless tobacco products and cigarettes.

The new law now groups all steam products and their accessories as contraband for the USPS. Regardless of the presence or absence of nicotine in these products, all liquids, e-shisha, e-cigars and e-cigarettes are prohibited – along with the vape pens.

This means that nicotine-free and tobacco-free nicotine products are also banned.

Legally, the US government now refers to ENDS as any device that delivers nicotine, flavors, and other substances to a user by inhaling an aerosolized solution from that device. Accessories such as the refillable personal assessor and other components of the pens, regardless of whether they are liquid or solid, or whether they are sold as a stand-alone component or with the pen, are on the list of prohibited goods under ENDS.

Simply put, the PACT law was introduced to discourage you from using postal services to deliver or receive ENDS.

A violation of the new pact law is a civil and criminal act

Yes! Anyone caught guilty of violating the amended PACT law can be sentenced to up to three years in prison. Anyone left in the U.S. steam industry value chain needs to consider how much the PACT Act will affect their business.

The PACT law is in force

The amended PACT law came into force on March 28, 2021.

Requirements for sellers in the vape industry include:

  • Registration before the sale: All sellers must register their business with the Alcohol, Tobacco, and Firearms Administration (ATF) office and the Tobacco Tax Administration Office in the state in which the company is located. A company based in a different state than its customers must also register in the state. Its customers are resident. All states where your products are sold or advertised must have your business.

To clarify, a good example is this: If you sell vapes online to New York residents, your business must be registered with the New York State Tobacco Tax Office and ATF bureau. You need to do the same thing if you’re advertising in New York and haven’t made a sale yet. The law doesn’t care if you make sales or not, you need to register!

  • Tax compliance: The 2009 PACT law was passed to ban the online sale of untaxed tobacco products. The amended law now requires the payment of taxes on all ENDS products and accessories. The tax administrations of each state are authorized to collect this payment. Local taxes are also levied. This ensures that a standard is followed by private courier companies that deliver to private customers.

Currently at least 28 states tax all ENDS products. To save operating costs, you can take a close look at the states that are not yet taxing ENDS and move your business there. But at this rate all states will take over the taxation of ENDS products. However, some may be able to exempt certain products from taxation, some of which may include hemp and CBD products.

Steps to legally purchase your vape products

  1. Always check the age and identity of the customer when purchasing. Remember that the alleged reason for the vape mail ban is to prevent vape from being sold to underage citizens. In addition, you must use a non-prohibited delivery method that requires the buyer’s name and signature.

  2. Always correctly label your sent packages as tobacco products.

  3. Keep all sales records by submitting a monthly report to the ATF office in each state where your product is advertised or sold.

Be Compliant!

ATF is looking to scapegoat non-compliant sellers. Under no circumstances will the police accept excuses from debtors. The ATF has a list of non-compliant companies, and they routinely share this list with the USPS, lending companies, and other key agencies to ensure that a defaulting creditor cannot circumvent the established rules.

To avoid huge fines and prison sentences, stick to the established rules of each state in which you operate.

READ MORE ABOUT THE VAPE MAIL BAN …

PROHIBITION OF VAPE MAIL PRODUCTS

WHAT IS THE REAL REASON FOR THE MAIL BAN ON VAPE PRODUCTS?

OR..

VAPE MAIL BAN POSTPONED?

VAPE MAIL BAN CAN BE POSTPONED, BUT HOW LONG?

Post a comment:

Your email address will not be published. Required fields are marked *