51-32-01. Prohibited acts regarding sale of tobacco products, electronic smoking devices, or alternative nicotine products to minorsan individual under twenty-one years of age.
1. It is unlawful for any person in the business of selling tobacco products to take an order for a tobacco product, other than from a person who is in the business of selling tobacco products, through the mail or through any telecommunications means, including by telephone, facsimile, or the internet, if in providing for the sale or delivery of the product pursuant to the order, the person mails the product or ships the product by carrier, and the person fails to comply with each of the following procedures:
a. Before mailing or shipping the product, the person receives from the individual who places the order the following:
(1) A copy of a valid government-issued document that provides the name, address, and date of birth of the individual; and
(2) A signed statement from the individual providing a certification that the individual:
(a) Is a smoker of legal minimum purchase age in the state;
(b) Has selected an option on the statement as to whether the individual wants to receive mailings from a tobacco company; and
(c) Understands that providing false information may constitute a violation of law.
b. Before mailing or shipping the product, the person:
(1) Verifies the date of birth or age of the individual against a commercially available database; or
(2) Obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order.
c. Before mailing or shipping the product, the person provides to the prospective purchaser, by electronic mail or other means, a notice that meets the requirements of section 51-32-04.
d. In the case of an order for a product pursuant to an advertisement on the internet, the person receives payment by credit card, debit card, or check for the order before mailing or shipping the product.
e. (1) The person employs a method of mailing or shipping the product requiring that the individual purchasing the product:
(a) Be the addressee;
(b) Have an individual of legal minimum purchase age sign for delivery of the package; and
(c) If the individual appears to the carrier making the delivery to be under twenty-seven years of age, take delivery of the package only
