Under the PACT Act, are intrastate shipments within a state handled differently than interstate shipments?

The PACT Act not only applies to shipments in interstate commerce (see 15 U.S.C. § 376), but also to all delivery sales (see 15 U.S.C. § 376a).

The term “delivery sale” means any sale of cigarettes (including electronic nicotine delivery systems, a.k.a. ENDS) 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.

See 15 U.S.C. § 375.

Delivery sales are subject to legal requirements relating to:

  1. shipping;
  2. recordkeeping requirements;
  3. all state, local, tribal, and other laws generally applicable to the sale as if the delivery sales occurred entirely within that specific state and place, including laws imposing—
    • (A)  excise taxes;
    • (B)  licensing and tax-stamping requirements;
    • (C)  restrictions on sales to minors; and
    • (D)  other payment obligations or legal requirements relating to the sale, distribution, or delivery of cigarettes or smokeless tobacco; and
  4. the tax collection requirements set forth in subsection (D).

See 15 U.S.C. § 376a.  

Last Reviewed October 28, 2021