Okla. Stat. tit. 68 § 317.2

Current through Laws 2024, c. 453.

Section 317.2 - Delivery Sale of Cigarettes - Certification Requirements - Verification of Information - Notice - Payment Requirement for Internet Purchase

A. No person shall mail, ship or otherwise deliver cigarettes in connection with a delivery sale unless, prior to the first delivery sale to such consumer, the person:

1. Obtains from the prospective customer a certification which includes:

a. reliable confirmation that the purchaser is at least the legal minimum purchase age, and

b. a statement signed by the prospective purchaser in writing and under penalty of perjury which:

(1) certifies the prospective purchaser's address and date of birth, and

(2) confirms that the prospective purchaser understands:

(i) that signing another person's name to such certification is illegal,

(ii) that sales of cigarettes to individuals under the legal minimum purchase age are illegal,

(iii) that the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of Oklahoma, and

(iv) that the prospective consumer wants to receive mailings from a tobacco company;

2. Makes a good-faith effort to verify the information contained in the certification provided by the prospective purchaser pursuant to paragraph 1 of this subsection against a commercially available database or 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;

3. Provides to the prospective purchaser, via e-mail or other means, a notice which meets the requirements of Section 8 of this act and requests confirmation that the delivery sale order was placed by the prospective purchaser; and

4. In the case of an order for cigarettes pursuant to an advertisement on the Internet, receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in such purchaser's name or by check.

B. Persons taking delivery sale orders may request that prospective purchasers provide their e-mail addresses.

Okla. Stat. tit. 68, § 317.2

Repealed by Laws 2014 , c. 338, s. 4, eff. 11/1/2014.

Added by Laws 2003 , HB 1814, c. 475, § 7, eff. 11/1/2003.