18.2-246.8 - Age verification requirements. - Virginia Statutes

§ 18.2-246.8. Age verification requirements.

A. No person shall mail, ship, or otherwise deliver cigarettes in connectionwith a delivery sale unless prior to the first delivery sale to a consumersuch person:

1. Obtains from the prospective consumer a certification that includes (i) areliable confirmation that the consumer is at least the legal minimumpurchase age, and (ii) a statement signed by the prospective consumer inwriting that certifies the prospective consumer's address and that theconsumer is at least 18 years of age. Such statement shall also confirm (a)that the prospective consumer understands that signing another person's nameto such certification is illegal, (b) that the sale of cigarettes toindividuals under the legal minimum purchase age is illegal, and (c) that thepurchase of cigarettes by individuals under the legal minimum purchase age isillegal under the laws of the Commonwealth;

2. Makes a good faith effort to verify the information contained in thecertification provided by the prospective consumer pursuant to subsection Aagainst a commercially available database of valid, government-issuedidentification that contains the date of birth or age of the individualplacing the order, or obtains a photocopy or other image of the valid,government-issued identification stating the date of birth or age of theindividual placing the order;

3. Provides to the prospective consumer, via e-mail or other means, a noticethat meets the requirements of § 18.2-246.9; and

4. Receives payment for the delivery sale from the prospective consumer by acredit or debit card that has been issued in such consumer's name or by acheck drawn on the consumer's account.

B. Persons accepting purchase orders made via the Internet for delivery salesmay request that prospective consumers provide their e-mail addresses.

(2003, c. 1010.)