Sec. 3. 22 MRSA §1555-C is enacted to read:

§1555-C.__Delivery sales of cigarettes

1.__Unlawful sale of cigarettes.__It is unlawful for a person in the business of selling cigarettes to take an order for cigarettes through the mail or through any telecommunication means, including by telephone, facsimile or the Internet, if the person fails to comply with subsection 2.

This subsection does not apply to the sale of cigarettes to a person who is licensed to sell cigarettes.

2.__Delivery sale.__Before a delivery sale may be completed, the following requirements must be met.

A.__At the time of the first delivery sale to an individual, the retailer must acquire the following information from the individual who places the order:

(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 in writing from the individual providing a certification that the individual:

(a)__Is of legal age to purchase cigarettes in the State;

(b)__Wants to receive mailings from a tobacco company; and

(c)__Understands that providing false information may constitute a violation of law.

B.__Prior to delivery of the cigarettes pursuant to the delivery sale under paragraph A, the retailer must:

(1)__Verify the date of birth or age of the individual against a commercially available database; or

(2)__Obtain a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order.