PACT, the bill it's self!

[kjoerup]

The complete text of the Enrolled Bill:

http://www.govtrack.us/congress/bill...bill=s111-1147

BTW, Cuban Americans are US citizens. The vast majority of them have never even been to Cuba. Their politics are quite nasty, but they *are* indeed US citizens.

They do not lobby for cigar exemptions. The Cuban American lobby is the reason we still have the Cuban Embargo. The last thing they are in favor of is trade with Cuba of any kind.

PACT is an extension of the Jenkins Act, which was instituted in 1949. Note that the Jenkins Act applied only to cigarettes. Cigars were notably excepted in 1949 as well. PACT amends the Jenkins Act to include smokeless tobacco.

The cigar exemption is there because of Dominican and Central American interests. Cigars are a huge export for those countries, and the US wishes to retain its colonial grip on them, just as they wished to maintain their grip on Cuba in 1949.

Well, that and the fact that rich people and members of Congress aren't about to give up their cigars.

[lxskllr]

They do not lobby for cigar exemptions. The Cuban American lobby is the reason we still have the Cuban Embargo. The last thing they are in favor of is trade with Cuba of any kind.

I was talking about the cigar makers in FL which are largely Cuban American owned. They don't want competition from Cuba, but they'll pull strings to keep their own interests at the forefront.

[kjoerup]

They do not lobby for cigar exemptions. The Cuban American lobby is the reason we still have the Cuban Embargo. The last thing they are in favor of is trade with Cuba of any kind.

I was talking about the cigar makers in FL which are largely Cuban American owned. They don't want competition from Cuba, but they'll pull strings to keep their own interests at the forefront.

I wasn't referring to your post. I was addressing those who wrote that the "Spanish-speaking Cubans" dictate US policy. :P

[sgreger1]

I wasn't referring to your post. I was addressing those who wrote that the "Spanish-speaking Cubans" dictate US policy. :P

No I was saying that apparently they have a lot of lobbying power, so Lx is right that we should start lobbying them, since they obviousely have the power to affect this legislation.

I didn't mean to imply that cubans run the gov or something lol

[Snusdog]

Did you notice what was missing?

There is no mention of legitimate foreign companies selling to USA consumers. The wording of the entire law assumes interstate commerce. This is a USA directed law. I see absolutely nothing in it that even remotely concerns foreign companies operating legally with in already existing trade agreements with the USA.

The language of this law would have to rescind existing international tobacco trade laws or further qualify them (and I’m not even sure a domestic bill can do that without several other measures and steps).

Our suppliers don’t need to do anything more than what they are doing

THIS IS A BILL DIRECTED AT DOMESTIC COMPANIES AND SELLERS ONLY

IT SAYS NOTHING ABOUT FORIGN TRADE NOR CAN IT BE CONSTRUED TO DO SO OR BE LEGALLY APPLIED TO SUCH.

THIS IS GOOD NEWS

dog 8)

.

[tom502]

I'm still waiting on my carton of Winstons from the Phillipines, and it's been well over a month.

[Unsmooth Moment]

Wouldn't there be ways around this? People are talking about paying more per can because of taxes, but if you were buying like a key chain for 15 bucks and they "threw in 5 cans of something" would that be possible? That would limit taxes, because they are not selling the tobacco, they are using it as a "gift"

[lxskllr]

Ah, now that's where our illustrious FDA comes in. No tobacco gifts of any type will be allowed anymore. No product, no shirts, no nothing. God bless America :^S

[Unsmooth Moment]

Ah, now that's where our illustrious FDA comes in. No tobacco gifts of any type will be allowed anymore. No product, no shirts, no nothing. God bless America :^S

Alright, I was just making sure. I don't know all the rules, so it was worth a shot

[Experimental Monkey]

You could just sell the cans, my friends... the cans. Picture it now - 5 "collectible" General Snus cans! Then in fine print at the bottom: as a special FREE bonus, the contents are included.

[sgreger1]

You could just sell the cans, my friends... the cans. Picture it now - 5 "collectible" General Snus cans! Then in fine print at the bottom: as a special FREE bonus, the contents are included.

Lol, that sounds like a good idea. I should start selling hemp T-shirts, and to keep them fresh, I will ship the shirts wrapped around a big ass block of weed.

[Unsmooth Moment]

Lol, that sounds like a good idea. I should start selling hemp T-shirts, and to keep them fresh, I will ship the shirts wrapped around a big ass block of weed.

I'd buy

[tom502]

USPS Issues Tobacco Mailing Rules

May 06, 2010 - WASHINGTON -- The U.S. Postal Service (USPS) earlier this week published a Notice of Proposed Rule to implement the provisions of the PACT Act, which prohibits the mailing of cigarettes, roll-your-own tobacco and smokeless tobacco, according to a report by the National Association of Tobacco Outlets (NATO).

USPS will attempt to publish a final rule effective June 29, 2010, which covers the general non-mailability provisions of the PACT Act. The proposed rule states that cigarettes, roll-your-own tobacco and smokeless tobacco cannot be mailed in the continental United States, and any of these tobacco products deposited into the mail are subject to seizure and forfeiture, while the sender is subject to criminal fines, imprisonment and civil penalties. Cigars can continue to be mailed.

However, there is an exception to allow these tobacco products to be mailed within the states of Alaska and Hawaii.

In addition, the proposed rule states that USPS also concluded that cigarettes, roll-your-own tobacco and smokeless tobacco cannot be handled through the U.S. Mail either outbound to international destinations or inbound from international locations.

According to the notice, which was cited by NATO: "The Postal Service does not believe that any alternative exists at this time to allow U.S. mailers to tender cigarettes and smokeless tobacco as outbound international mail or to receive them as inbound international mail under the PACT Act's exceptions."

NATO noted this position should further reduce the sale of these tobacco products from Internet sellers located outside the U.S.

Public comments to the proposed rule must be submitted by May 17, 2010. NATO said it plans to submit comments supporting the proposed rule.

In other tobacco news, the Food and Drug Administration (FDA) recently issued a "Guidance" document regarding the reissue of its 1996 rule banning color advertisements of tobacco products. The FDA was required to reissue the rule under the recently enacted law giving the agency authority to regulate tobacco.

The new guidance states the agency will not take any enforcement action regarding color tobacco advertisements against any retailer, wholesaler or manufacturer while the FDA's appeal is pending of a Kentucky court decision that struck down the color ad ban.

[tom502]

Impact of the PACT Act

By Thomas A. Briant, National Association of Tobacco Outlets

May 03, 2010 - NEW YORK -- It's been a long time coming, but on March 31, President Obama signed into law the Prevent All Cigarette Trafficking Act, or PACT Act, which will severely curtail the sale of cigarettes and smokeless tobacco products over the Internet.

This is a major victory for the industry and for all states because the law, which goes into effect July 1, includes the following provisions:

-- Retailers that sell cigarettes and smokeless tobacco products over the Internet must collect state cigarette taxes, smokeless tobacco taxes and sales taxes, and pay those taxes to the states where the customer who is purchasing the tobacco products resides;

-- Internet retailers must verify the age of the individual purchasing cigarettes and smokeless tobacco products to prevent underage youth from buying these products; and

-- The U.S. Postal Service is prohibited from delivering cigarettes and smokeless tobacco products through the U.S. Mail to consumers.

These provisions close a number of loopholes in current federal law regulating Internet and mail-order sales of cigarettes and smokeless tobacco products. Currently, Internet sellers typically sell untaxed or low-taxed cigarettes and smokeless tobacco products to consumers in higher-tax jurisdictions, without paying the taxes owed to the states. This results in states losing substantial excise tax and sales tax revenue; opens the door for underage youth purchases of tobacco products; and reduces sales of tobacco products by law-abiding retailers.

Local Buying
With Internet sellers no longer able to sell cartons of cigarettes or smokeless tobacco products at a large price advantage over legitimate brick-and-mortar retailers, consumers will return to buying their tobacco products from local stores. Moreover, the PACT Act virtually guarantees this return to buying from local retailers because the U.S. Postal Service will be prohibited from delivering tobacco products. With mailing cigarettes and smokeless tobacco products being illegal and companies including UPS, Federal Express and DHL no longer delivering tobacco products to customers, Internet sellers will be unable to transact business as usual.

This expected impact of higher cigarette and smokeless tobacco sales by retailers should begin to be seen shortly after July 1, and pick up as each month passes. This new law is the first piece of legislation to come out of Congress in some time that will directly benefit tobacco retailers, and is a welcome relief from recent legislation such as the federal cigarette and tobacco tax increases.

Tax Windfall
Another benefit of the PACT Act is that every state will be the beneficiary of a tax windfall, either from state excise taxes and sales taxes being remitted by Internet sellers or from consumers changing their buying habits and purchasing their tobacco products at local retail stores. According to U.S. Senator Herb Kohl (D-Wis.), the chief sponsor of the PACT Act, Internet tobacco sales alone cost state governments $1.4 billion annually in tobacco excise taxes and sales taxes.

The amount of the tax windfall will vary by state and those states with high cigarette and OTP tax rates will most likely see the largest tax windfall because residents would have had a greater tendency to avoid paying excessive tax rates by purchasing tobacco products online. Whether the overall tax windfall impact will be small or large, the impact will be positive for each and every state.

NATO's Strategy
Seizing on this newly enacted law, the National Association of Tobacco Outlets (NATO) has begun to educate state lawmakers about the tax windfall in those states where legislation is pending to increase cigarette and OTP taxes. With the windfall a virtual certainty for any given state, lawmakers may be able to avoid passing further cigarette and OTP tax increases or reduce the size of the increase to resolve budget deficits.

This strategy has already been undertaken by NATO in Minnesota and New Hampshire. Lawmakers from additional states will soon be receiving NATO's letter informing them of the windfall tax dollars they can expect after the PACT Act takes effect July 1.

Enforcement
The PACT Act also includes provisions to require age verification of the person to whom cigarettes and smokeless tobacco products are delivered at a residence. This will ensure that underage youth do not accept packages of tobacco products when they are delivered.

Moreover, the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives will have new authority to inspect records and inventories of Internet tobacco sellers to make certain that Internet sellers comply with the new regulations. In addition, to add even more teeth to the law, violations of any provision of the PACT Act will now be a felony.

Group Effort
Passing the PACT Act into law was a group effort and NATO was a member of the Coalition to Stop Contraband Tobacco, a coalition of trade associations, businesses and individuals that lobbied Congress to pass the legislation. This coalition included, among others, the American Wholesale Marketers Association (AWMA), NACS and the Society of Independent Gasoline Marketers of America (SIGMA).

Thomas Briant is the executive director of the National Association of Tobacco Outlets (NATO). He can be reached at 866-869-8888 or via e-mail at info@natocentral.org.

[sgreger1]

USPS will attempt to publish a final rule effective June 29, 2010, which covers the general non-mailability provisions of the PACT Act. The proposed rule states that cigarettes, roll-your-own tobacco and smokeless tobacco cannot be mailed in the continental United States, and any of these tobacco products deposited into the mail are subject to seizure and forfeiture, while the sender is subject to criminal fines, imprisonment and civil penalties. Cigars can continue to be mailed.

.

Okay, so who is going to be the first one to start selling cigars packed wtih Los?



So they are saying that there is going to be no way to get tobaco of any kind mailed from you from overseas? That sucks. How do they actually enforce this. Like can USPS really check every package ever and see if theres tobacco in it? I mean i'm not sure how they can do that.