Amends federal postal law to make all types of tobacco products nonmailable. Includes as tobacco products cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco.
Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.
Provides a civil penalty for each mailing violation.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2813 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2813
To amend title 39, United States Code, to make cigarettes and certain
other tobacco products nonmailable.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2005
Mr. McHugh (for himself, Mr. Tom Davis of Virginia, Mr. Waxman, and Mr.
Davis of Illinois) introduced the following bill; which was referred to
the Committee on Government Reform
_______________________________________________________________________
A BILL
To amend title 39, United States Code, to make cigarettes and certain
other tobacco products nonmailable.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by inserting after section 3002a the following:
``Sec. 3002b. Nonmailability of certain tobacco products
``(a) In General.--Cigarettes, smokeless tobacco, pipe tobacco, and
roll-your-own-tobacco--
``(1) are nonmailable matter;
``(2) shall not be--
``(A) deposited in the mails; or
``(B) carried or delivered through the mails; and
``(3) shall be disposed of as the Postal Service directs.
``(b) Civil Penalty.--Any person who violates subsection (a)(2)(A)
shall be liable to the United States for a civil penalty in an amount
not to exceed $100,000 for each violation.
``(c) Hearings.--The Postal Service may determine that a person has
violated subsection (a) only after notice and an opportunity for a
hearing. Proceedings under this subsection shall be conducted in
accordance with section 3001(m).
``(d) Penalty Considerations.--In determining the amount of a civil
penalty under this section, the Postal Service shall consider--
``(1) the nature, circumstances, extent, and gravity of the
violation;
``(2) with respect to the violator, the degree of
culpability, ability to pay, and any history of prior
violations; and
``(3) such other matters as justice may require.
``(e) Civil Actions to Collect.--A civil action may be brought in
an appropriate district court of the United States, in accordance with
section 409(d), to collect a civil penalty under this section.
``(f) Disposition of Amounts.--Amounts received in payment of any
civil penalties under this section shall be deposited as miscellaneous
receipts in the Treasury of the United States.
``(g) Definitions.--For purposes of this section, the terms
`cigarette', `smokeless tobacco', `pipe tobacco', and `roll-your-own-
tobacco' have the meanings given them by section 5702 of the Internal
Revenue Code of 1986.''.
(b) Clerical Amendment.--The table of sections for chapter 30 of
title 39, United States Code, is amended by inserting after the item
relating to section 3002a the following:
``3002b. Nonmailability of certain tobacco products.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall take effect 60 days after
the date of the enactment of this Act, and shall apply with respect to
any mail matter mailed on or after that effective date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Government Reform.
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