May 15, 2008 - The congressional legislation sponsored by Rep. John McHugh, R-N.Y., entitled the "Do Not Mail Tobacco Bill" (H.R. 2932) would amend Title 39 of the United States Code, restricting the USPS from delivering certain tobacco products. The bill provides that cigarettes, smokeless tobacco and roll-your-own-tobacco are nonmailable matter, would not be carried or delivered by mail and would be disposed of as the Postal Service directs. It also imposes a penalty of $100,000 for each violation. The bill would add tobacco to the list of items banned from mail delivery and as a result would block Internet sales of cigarettes to minors and those seeking to evade paying state taxes. The Connecticut Attorney General Richard Blumenthal believes that Internet sellers of tax-free cigarettes would go out of business if they could not rely upon the Postal Service for delivery. UPS, FedEX and DHL have signed agreements with state attorneys general that they will not deliver tobacco products — but not the Postal Service. Mary Anne Gibbons, general counsel for the Postal Service, said that the Postal Service has taken action to reduce the ability of tobacco retailers to use the mail for illicit sales but acknowledged that their existing authority is limited. The bill cleared the House Oversight and Government Reform Committee by a voice vote earlier this month (May 2008) and now awaits a floor vote in the House of Representatives. References: State urges end to tobacco Web sales by Peter Urban, ConnecticutPost.com, 5/10/2008; McHugh bill would stop mail-order cigarettes by Melissa Campanelli, DMNews, 7/10/2007
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