§ 11-9-13.11. Prohibition on the sale or distribution of tobacco products, including electronic nicotine-delivery system products, through the mail — Conveyance of tobacco products, including electronic nicotine-delivery system products, through the mail to individuals under twenty-one (21) — Proof of age of purchaser required — General rule.
(a) The distribution, or sale or conveyance of tobacco products, including electronic nicotine-delivery system products, to individuals under the age of twenty-one (21) via the United States Postal Service, or by any other public or private postal or package delivery service, shall be prohibited.
(b) Any person selling or distributing tobacco products in the form of little cigars as defined in § 44-20.2-1, snuff, any and all products defined in § 44-20-1, or electronic nicotine-delivery system products directly to a consumer via the United States Postal Service, or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product, including electronic nicotine-delivery system products, through any of these means, receive both a copy of a valid form of government identification showing date of birth to verify the purchaser is age twenty-one (21) years or over and an attestation from the purchaser certifying that the information on the government identification truly and correctly identifies the purchaser and the purchaser’s current address, and (2) deliver the tobacco product, including electronic nicotine-delivery system products, to the address of the purchaser given on the valid form of government identification and by a postal or package delivery service method that either limits delivery to that purchaser and requires the purchaser to sign personally to receive the delivery or requires a signature of an individual age twenty-one (21) or over at the purchaser’s address to deliver the package.
(c) The attorney general shall bring an action for any violation of this chapter. Any distribution, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system products, to an individual under twenty-one (21) years of age via the United States Postal Service, or by any other public or private postal or package delivery service, shall be subject to an action against the distributor, or seller or conveyor by the attorney general of the state of Rhode Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco products, including electronic nicotine-delivery system products, via the United States postal service, or by any other public or private postal or package delivery service, for each delivery, or sale or conveyance of a tobacco product, including electronic nicotine-delivery system products, to an individual under twenty-one (21) years of age.
(d) For the purpose of this section, “distribution,” “distributing,” “selling” and “sale” do not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package’s contents.
(e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter 20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in subsection (b) herein, which include electronic nicotine-delivery system products, but shall not apply to any delivery sale of cigarettes.
History of Section.P.L. 1996, ch. 321, § 1; P.L. 2000, ch. 210, § 1; P.L. 2005, ch. 346, § 1; P.L. 2005, ch. 392, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.
Structure Rhode Island General Laws
Section 11-9-1. - Exploitation for commercial or immoral purposes.
Section 11-9-1.1. - Child nudity prohibited in publications.
Section 11-9-1.2. - Rebuttable presumption of minority upon testimony of physician.
Section 11-9-1.3. - Child pornography prohibited.
Section 11-9-1.5. - Electronically disseminating indecent material to minors prohibited.
Section 11-9-1.6. - Child erotica prohibited.
Section 11-9-2. - Employment of children for unlawful purposes.
Section 11-9-3. - Seizure and custody of exploited child — Proceedings as against neglected child.
Section 11-9-4. - Contributing to delinquency.
Section 11-9-5. - Cruelty to or neglect of child.
Section 11-9-5.1. - Investigation upon report of cruelty or neglect.
Section 11-9-5.2. - Immunity from liability.
Section 11-9-5.3. - Child abuse — Brendan’s Law.
Section 11-9-5.4. - Child endangerment.
Section 11-9-6. - Proceedings against parents of delinquent children unaffected.
Section 11-9-7. - Children’s Friend and Service excused from costs.
Section 11-9-8. - Appropriations for prevention of cruelty to children.
Section 11-9-9. - Powers of family court.
Section 11-9-10. - Abandonment of refrigerator in place accessible to children.
Section 11-9-11. - Designation of curfew streets.
Section 11-9-12. - Penalty for loitering on curfew street.
Section 11-9-13.1. - Cigarette and tobacco vending machines.
Section 11-9-13.2. - Short title.
Section 11-9-13.3. - Legislative intent — Purpose.
Section 11-9-13.4. - Definitions.
Section 11-9-13.5. - Responsibility for tobacco or health issues.
Section 11-9-13.7. - Signs concerning sales to individuals under age twenty-one (21).
Section 11-9-13.8. - Prohibitions applicable to license holders and their employees and agents.
Section 11-9-13.8.1. - Signs concerning the health effects of tobacco.
Section 11-9-13.9. - Multiple citations prohibited.
Section 11-9-13.12. - Enforcement and penalties — Citation for violation.
Section 11-9-13.13. - Nature and size of penalties.
Section 11-9-13.14. - Notification to the Department of Taxation of fines imposed.
Section 11-9-13.15. - Penalty for operating without a dealer license.
Section 11-9-13.16. - Rules and regulations.
Section 11-9-13.17. - Fines collected.
Section 11-9-13.18. - Prohibition on the sale or distribution of certain excise tax stamps.
Section 11-9-13.19. - Severability.
Section 11-9-13.20. - Packaging of electronic nicotine-delivery system liquid.
Section 11-9-14. - [Repealed.]
Section 11-9-14.1. - Compliance with federal statutes and regulations.
Section 11-9-15. - Tattooing of minors.
Section 11-9-16. - Plastic bags — Labeling.
Section 11-9-17. - Sterilization.
Section 11-9-18. - Care of babies born alive during attempted abortions.
Section 11-9-19. - Sale of spray paint to minors.
Section 11-9-19.1. - Possession of spray paint by a minor.
Section 11-9-20. - Sale of matches.
Section 11-9-21. - Prohibition of sale of certain dietary supplements to minors.