Prevent All Cigarette Trafficking Act (PACT) of 2009

Amends the Jenkins Act (15 U.S.C. 375-378) and (CCTA 18 U.S.C. 2341-2346)image of a small pile of cigarettes

The PACT Act law went into effect on June 29, 2010. The PACT Act features several major components; it regulates the mailing of cigarettes and smokeless tobacco products to consumers through the U.S. Postal Service; Registration, Reporting, Delivery requirements, recordkeeping, List of Unregistered or Non-Compliant Delivery Seller's; increases penalties to a felony up to 3 years imprisonment and gives ATF inspection authority to examine any records required to be maintained and any cigarettes or smokeless kept on the premises.

Who Has to Register?

Any person who sells, transfers, or ships for profit of cigarettes or smokeless tobacco in interstate commerce, whereby such cigarettes or smokeless tobacco are into a State, locality, or Indian country of an Indian tribe taxing sale or use of cigarettes or smokeless tobacco or who advertise or offer's cigarettes or smokeless tobacco for sale, transfer or shipment.

Definitions

  • Common Carrier - means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air merchandise between a port or place and a port or place in the United States.
  • Consumer - means any person that purchases cigarettes or smokeless tobacco
  • Delivery Sale - means any sale of cigarettes or smokeless tobacco to a consumer if the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made. Or the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco
  • Delivery Seller - means a person who makes a delivery sale
  • Interstate Commerce - means commerce between a State and any place outside the State, commerce between a State and any Indian country in the State, or commerce between points in the same State but through any place outside the State or through any Indian country
  • Tobacco Tax Administrator¬† - means the State, local, or tribal official duly authorized to collect the tobacco tax or administer the tax law of a State, locality, or tribe, respectively

Additional Information

Registration Forms

Submit Registration to:

Bureau of Alcohol, Tobacco, Firearms and Explosives

99 New York Ave. NE

c/o 90 K Street NE, Suite 250
Washington, DC 20226
Email: PACTActregistrationinbox@atf.gov

Last Reviewed April 17, 2018