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| DOJ/ATF | RIN: 1140-AA35 | Publication ID: Spring 2011 |
| Title: Implementation of the Prevent All Cigarette Trafficking Act of 2009 | |
| Abstract: The Department of Justice is issuing this interpretive rule/rule of agency practice and procedure with request for comments regarding the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) plans to implement certain provisions of the Prevent All Cigarette Trafficking Act of 2009 (PACT Act), enacted March 31, 2010, relating to the collection of state cigarette and smokeless tobacco taxes. This interpretive rule describes the agencies interpretation of, and plans for implementing the new law which, among other things: (1) Requires persons who sell, transfer, or ship cigarettes or smokeless tobacco in interstate commerce to register with the Attorney General and state tobacco tax administrators; (2) expands monthly reporting requirements for delivery sellers to include email and website addresses; (3) requires delivery sellers selling in interstate commerce to comply with all state, local, tribal, and other laws generally applicable to sales of cigarettes or smokeless tobacco as if such sales occurred entirely within the specific State; (4) requires delivery sellers to include on bills of lading a clear and conspicuous statement that federal law requires the payment of all applicable excise and sales taxes and compliance with applicable licensing and tax-stamping obligations; (5) requires delivery sellers to comply with specified weight and age verification requirements; (6) requires delivery sellers to maintain for 4 years records of all delivery sales and make them accessible to the Attorney General and to state, local, and Indian tribe tax authorities; (7) requires the Attorney General to compile a list of noncompliant delivery sellers and to distribute such list to States and common carriers including the United States Postal Service, and to make information on enforcement actions publicly available (including on the Internet) and to report to Congress on such actions; (8) requires the Attorney General to give noncompliant delivery sellers an opportunity to respond before placing them on the noncompliant list; (9) makes it a crime for common carriers and delivery services to complete delivery to consumers if the delivery seller's name is on the noncompliant list; (10) requires common carriers to maintain for 5 years records of deliveries interrupted because the seller's name is on the noncompliant list; (11) increases the criminal penalty from 6 months to 3 years for violations, and civil penalties for violations to the greater of $5,000 - $10,000 or two percent of the gross sales of cigarettes or smokeless tobacco for the year before the violation; (12) establishes a PACT Act Anti-Trafficking Fund into which 50 percent of criminal and civil penalties collected in enforcing the PACT Act will be deposited and available to the Attorney General to enforce the PACT Act and other laws relating to contraband tobacco products; and (13) amends the Contraband Cigarette Trafficking Act to authorize ATF to enter the business premises of delivery sellers to inspect records and tobacco products stored there, and authorizes federal district courts to compel such inspections and impose a civil penalty for failure to comply with inspections. | |
| Agency: Department of Justice(DOJ) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 27 CFR 647 | |
| Legal Authority: 15 USC 375 to 378 5 USC 301 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Brenda R. Friend Attorney Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives 99 New York Avenue NE., Washington, DC 20226 Phone:202 648-7070 |
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