473 Mailability Exceptions

473.1 Scope of Exceptions

Covered products are mailable if one of the conditions in 473.2 through 473.6 is met. These exceptions do not apply to the following:

1. Mail treated as domestic under DMM section 608.2.2.
2. Mail sent to Air/Army Post Office (APO), Fleet Post Office (FPO), or Diplomatic Post Office (DPO) addresses.
3. Mail presented at APO, FPO, or DPO installations and destined to addresses in the United States.
4. International mail as defined in DMM section 608.2.3.
5. Mail presented outside of a face-to-face transaction with a Postal Service employee at a Postal Service retail or business mail acceptance location. Examples of prohibited entry methods include, but are not limited to the following:
1. Pickup on Demand.
2. Package pickup.
3. An Approved Shipper location or other third-party acceptance location.
4. A Contract Postal Unit.
5. A Village Post Office.
6. Placement in a customer mailbox, collection box, or Postal Service lobby drop.

473.2 Intra-Alaska and Intra-Hawaii Shipments

Intra-Alaska and intra-Hawaii shipments of covered products are mailable, provided that such mailings:

1. Are presented in a face-to-face transaction with a Postal Service employee within the state, and not through any entry method prohibited under 473.1e;
2. Destinate in the same state of origin;
3. Bear a valid complete return address that is within the state of origin; and
4. Are marked with the following exterior marking on the address side of the mailpiece, with the relevant type of item selected: “INTRASTATE SHIPMENT OF [CIGARETTES/SMOKELESS TOBACCO/ENDS].”

473.3 Exception for Business/Regulatory Purposes

473.31 General

Eligibility to mail and to receive mail under the business/regulatory purposes exception is limited to federal and state government agencies and legally operating businesses that have all applicable state and federal government licenses or permits and are engaged in the manufacturing, distribution, wholesale, export, import, testing, investigation, or research of covered products.

Mailings under this exception are permitted only for business purposes between eligible businesses or for regulatory purposes between such businesses and eligible government agencies. Mailability is further restricted to mailings that comply with all conditions in 473.32 through 473.35.

473.32 Application

Each customer seeking to mail covered products under the business/regulatory purposes exception must submit a complete application (PS Form 4615 or 4615-E, as appropriate) and, for ENDS, complete Worksheets 4615–EM and 4615–ER as appropriate, along with all supporting documentation requested on those forms and worksheets.

The following conditions apply:

1. Along with any other information requested on PS Form 4615 or 4615–E and Worksheets 4615–EM and 4615-ER, the applicant must furnish the following information:
1. The applicant’s legal status, copies of any applicable licenses, and authority under which the applicant operates.
2. The recipient’s legal status, copies of any applicable licenses, and operational authority for all recipients to which the mailings under this exception will be addressed.
3. All Post Office locations where mail containing covered products will be presented.
4. For each business mailer and/or recipient, the nature of the relevant business activities (e.g., manufacturing, wholesale, distribution, testing, investigation, import, and export).
5. The brand name and a description of each product intended to be mailed. For ENDS, descriptions must include the following information:
1. The source of any CBD;
2. The concentration of any THC; and
3. Safety data sheets or technical specification documentation for any hazardous materials (e.g., lithium batteries, nicotine, diacetyl [butane-2,3-dione], or propanol).
2. The applicant is responsible for establishing the eligibility of each sender and recipient, and for the accuracy, completeness, and currency of all information provided in the application. Applications must be submitted via email to MDA@usps.gov as follows:
1. For cigarettes and smokeless tobacco: PS Form 4615.
2. For ENDS: PS Form 4615-E and Worksheets 4615-EM and 4615–ER.
3. The director of PCSC will determine eligibility to mail under the business/regulatory purposes exception. The following applies:
1. The mailer bears the burden of establishing eligibility and must furnish any additional supporting documentation requested by the director of PCSC upon request as necessary.
2. The director of PCSC may approve or deny an application in its entirety or only with respect to certain mailers and/or recipients.
3. A number is assigned to each letter of eligibility.
4. The applicant is responsible for amending the information in its application, including any updated documentation, in a timely manner, as necessary, at least 15 days before conducting any mailing to or from an entity to which the information pertains.
5. Upon written request by a state or federal agency, the director of PCSC may, in his or her discretion, waive certain application requirements for mailings entered by the requesting state or federal agency for regulatory purposes. The director of PCSC may suspend, rescind, or modify any waiver at any time.
6. Any determination of eligibility to mail under this exception will lapse if the authorized mailer does not tender any mail under this exception within any 3-year period. After that time, the affected mailer must apply for and receive new authorization for any mailings under this exception.
7. Current lists of authorized mailers will be made available to retail and business mail acceptance personnel.

473.33 Mailing

All mailings tendered under the business/regulatory purposes exception must:

1. Be mailed using one of the following combinations of services:
1. Priority Mail Express with Adult Signature Required or Adult Signature Restricted Delivery service (see DMM section 503.8.0).
2. Priority Mail with Adult Signature Required or Adult Signature Restricted Delivery service.
2. Be accompanied by a Domestic Return Receipt (PS Form 3811). The sender’s address block must bear the eligibility number issued by the PCSC and be made returnable to the following address as shown below:

PCSC, PACT MAILING OFFICE
USPS ELIGIBILITY NO. XX-00-0000
90 Church St., Ste 3100
New York, NY 10007-2951

3. Bear the following marking, with the relevant type of item and recipient selected: “[CIGARETTE, SMOKELESS TOBACCO, or ENDS] MAILING—DELIVER ONLY TO EMPLOYEE OF ADDRESSEE [BUSINESS or AGENCY] UPON AGE VERIFICATION” on the address side of the mailpiece.
4. Bear the business or government agency name and full mailing address of both the sender and recipient. Each must match exactly those listed on the authorized mailer’s application on file with the Postal Service.
5. Be entered at a retail and/or business mail acceptance location specified in the application and authorized by the PCSC.

473.34 Entry and Acceptance

Mailings under the business/regulatory purposes exception must be entered under the following conditions:

1. Covered products must be tendered via a face-to-face transaction with a Postal Service employee. Applicable mailings may not be tendered through any entry method prohibited under 473.1e.
2. The mailer must present Postal Service acceptance personnel with the following:
1. For shipments of cigarettes and/or smokeless tobacco: A letter from the PCSC showing that the PCSC has authorized the mailer, addressee, and acceptance location.
2. For shipments of ENDS:
1. A letter from the PCSC showing that the PCSC has authorized the mailer and has not withheld authorization as to the addressee;
2. A PCSC-approved Worksheet 4615-ER showing that the PCSC has authorized the addressee; and
3. If applicable, (information exceeds space on authorization letter) a PCSC-approved Worksheet 4615-EM showing that the PCSC has authorized the mailer and the acceptance location.
3. The Postal Service employee must verify that the mailer, addressee, and acceptance location match those authorized by the PCSC, based on the mailer’s documentation and the current list of authorized mailers available to the Postal Service employee.

473.35 Delivery

Mailings bearing the marking for business/regulatory purposes will only be delivered to a verified employee of the addressee business or government agency under the following conditions:

1. The recipient must be an adult of at least the required minimum age (see 471.9) at the place of delivery. A Postal Service employee must verify the recipient’s age before releasing or delivering the item to the recipient. The recipient must furnish proof of age via a driver’s license, passport, or other government-issued photo identification that lists age or date of birth.
2. The recipient must demonstrate status as an employee of the business or government agency identified as the addressee on the mailing label. Proof of employment may take the form of one or more of the following:
1. An employee identification badge or card issued by the employer and including the following:
1. Employee’s name.
2. Employer’s name.
3. Employer’s telephone number.
2. A signed letter on company or agency letterhead from a supervisor or human relations office attesting to the recipient’s current employment.
3. Where delivery is made to a business address, employment status may be inferred from the carrier’s observation of such factors as the recipient’s uniform and presence at a reception desk or retail counter.
4. Any other form of identification that the postmaster deems to be of comparable reliability.
3. Once the recipient’s age and identity as an employee of the addressee are verified, the recipient must sign for receipt of delivery and in the appropriate signature block of PS Form 3811.

473.4 Exception for Certain Individuals

473.41 General

The exception for certain individuals permits the mailing of small quantities of covered products by individual adults for noncommercial purposes. Mailability is further restricted to mailings that comply with all conditions in 473.42 through 473.45. Eligible shipments may be made to any type of recipient (individual, business, government, or other organization).

473.42 Noncommercial Purposes

Noncommercial purposes may include, but are not limited to, the following:

1. Covered products exchanged as gifts between individual adults. For purposes of this rule, “gifts” do not include covered products that one individual purchased for another from a third-party vendor through a mail-order transaction, or covered products included at no additional charge with other matter in accordance with a commercial transaction.
2. Damaged or unacceptable covered products that a consumer returned to the manufacturer or other business. The manufacturer or other business may provide the consumer with a refund, credit, replacement product, or other form of value in exchange for the damaged or unacceptable covered product, as long as it does not exceed the amount that the consumer paid for the damaged or unacceptable product plus the cost of return shipping for the damaged or unacceptable product.
3. Used covered products sent by a consumer to a manufacturer or other business for recycling. For purposes of this rule, the consumer must not receive anything of value (e.g., a discount, credit, or rebate) in exchange for a returned item.

473.43 Mailing

No customer may send or cause to be sent more than 10 mailings under this exception in any 30-day period. Each mailing under the certain-individuals exception must:

1. Weigh no more than 10 ounces.
2. Be mailed using one of the following combinations of services:
1. Priority Mail Express with Adult Signature Required or Adult Signature Restricted Delivery service (see DMM section 503.8.0).
2. Priority Mail with Adult Signature Required or Adult Signature Restricted Delivery service.
3. The Priority Mail Express or Priority Mail label must bear the full name and mailing address of the sender and recipient.
4. Bear the following exterior marking on the address side of the mailpiece, with the relevant type of item selected: “PERMITTED [CIGARETTE/ SMOKELESS TOBACCO/ ENDS] MAILING—DELIVER ONLY UPON AGE VERIFICATION.”

473.44 Entry and Acceptance

Mailings under the certain-individuals exception must be entered under the following conditions:

1. Covered products must be tendered via a face-to-face transaction with a Postal Service employee. Applicable mailings may not be tendered through any entry method prohibited under 473.1e.
2. The individual presenting the mailing must furnish a driver’s license, passport, or other government-issued photo identification that lists age or date of birth. The following also applies:
1. The name on the identification must match the name of the sender appearing in the return address block of the mailpiece.
2. The customer must be an adult of at least the required minimum age at the place of acceptance (see 471.9).
3. For mailings addressed to an individual, at the time the mailing is presented the customer must orally confirm that the addressee is an adult of at least the required minimum age at the place of delivery (see 471.9).

473.45 Delivery

Delivery under the certain-individuals exception is made under the following conditions:

1. The recipient receiving or signing for the article must be an adult of at least the required minimum age at the place of delivery (see 471.9). Postal Service employees must confirm this before releasing or delivering the item to the recipient. The recipient must furnish proof of age via a driver’s license, passport, or other government-issued photo identification that lists age or date of birth.
2. Once the recipient’s age is verified, the recipient must sign for receipt of delivery.

473.5 Consumer-Testing Exception

473.51 General

The consumer-testing exception permits a legally operating cigarette manufacturer or a legally authorized agent of a legally operating cigarette manufacturer to mail cigarettes to verified adult smokers solely for consumer testing purposes. The manufacturer for which mailings are entered under this exception must have a permit, in good standing, issued under 26 U.S.C. § 5713. The consumer-testing exception applies only to cigarettes and not to smokeless tobacco or ENDS. Mailability is further restricted to mailings that comply with all conditions in 473.52 through 473.55.

473.52 Application

Each person seeking to mail cigarettes under the consumer-testing exception must email a complete application (PS Form 4616), along with all supporting documentation requested on that form, to MDA@usps.gov. For each application, the following conditions must be met:

1. The applicant must furnish the following information:
1. A copy of the relevant manufacturer’s permit issued under 26 U.S.C. § 5713.
2. If the applicant is an agent of a manufacturer, complete details about the agency relationship with the manufacturer.
3. All locations where mail containing cigarettes for consumer testing will be presented.
2. As part of the application, the applicant must certify in writing that it will comply with the following requirements:
1. Any recipient of consumer-testing samples of cigarettes is an adult established smoker.
2. No recipient has made any payment for the cigarettes.
3. Every recipient will sign a statement indicating that the recipient wishes to receive the mailings.
4. The manufacturer or the legally authorized agent of the manufacturer will offer the opportunity for any recipient to withdraw the recipient’s written statement at least once in every 3-month period.
5. Any package mailed under this exception will contain no more than 12 packs of cigarettes (maximum of 240 cigarettes) on which all taxes levied on the cigarettes by the state and locality of delivery have been paid, and all related state tax stamps or other tax-payment indicia have been applied.
3. The application must be emailed to the director, PCSC, at MDA@usps.gov. The applicant bears the burden of establishing eligibility.
4. The applicant must provide any requested copies of records establishing compliance to the director, PCSC, and/or the director, Product Classification (see 214 for address), no later than 10 business days after the date of the request.
5. The director, PCSC, will determine eligibility to mail under the consumer-testing exception. The following applies:
1. The director, PCSC, may approve or deny an application in its entirety or only with respect to certain mailers and/or recipients.
2. A number is assigned to each letter of eligibility.
6. For as long as the applicant or authorized mailer continues to mail under the consumer-testing exception, the applicant or authorized mailer must update the information in the application with the director, PCSC, as necessary, in a timely manner upon becoming aware of a change in application information. The information must be updated no later than 15 days before conducting any mailing.
7. Any determination of eligibility to mail under this exception will lapse if the authorized mailer does not tender any mail under this exception within any 3-year period. After that time, the mailer must apply for and receive new authorization for any further mailings under this exception.
8. Current lists of authorized mailers will be made available to retail and business mail acceptance personnel.

473.53 Mailing

All mailings under the consumer-testing exception must meet the following provisions or conditions:

1. Be limited in tobacco content to no more than 12 packs of cigarettes (maximum 240 cigarettes) on which all taxes levied on the cigarettes by the destination state and locality have been paid, and all related state tax stamps or other tax-payment indicia have been applied.
2. Be mailed using one of the following combinations of services:
1. Priority Mail Express with Adult Signature Restricted Delivery service (see DMM section 503.8.0).
2. Priority Mail with Adult Signature Restricted Delivery service.
3. Be accompanied by a Domestic Return Receipt (PS Form 3811). The sender’s address block must bear the eligibility number issued by the PCSC and be made returnable to the following address as shown below:

PCSC, PACT MAILING OFFICE
USPS ELIGIBILITY NO. XX-00-0000
90 Church St., Ste 3100
New York, NY 10007-2951

4. Bear the following marking: “PERMITTED CIGARETTE MAILING—DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION” on the address side of the mailpiece.
5. Bear the name and full mailing address of both the mailer and recipient. Each must match exactly those listed on the authorized mailer’s application on file with the Postal Service.
6. Not be addressed to an addressee located in a state that prohibits delivery or shipment of cigarettes to individuals in the destination state.
7. Be sent only to an addressee who meets the following requirements:
1. Has not made any payment for the cigarettes.
2. Is being paid a fee for participation in consumer tests.
3. Has agreed to evaluate the cigarettes and furnish feedback to the manufacturer in connection with the consumer test.
8. Not exceed more than one package from any one manufacturer to an adult smoker during any 30-day period.
9. Be entered at a retail and/or business mail acceptance location specified in the application and authorized by the PCSC.

473.54 Entry and Acceptance

Mailings under the consumer-testing exception must be entered under the following conditions:

1. Covered products must be tendered via a face-to-face transaction with a Postal Service employee. Applicable mailings may not be tendered through any entry method prohibited under 473.1e.
2. The mailer must present Postal Service acceptance personnel with a letter from the PCSC showing that the PCSC has authorized the mailer, addressee, and acceptance location.
3. The Postal Service employee must verify that the mailer, addressee, and acceptance location match those authorized by the PCSC, based on the mailer’s documentation and the current list of authorized mailers available to the employee.

473.55 Delivery

Mailings bearing the marking for consumer testing will only be delivered to the named addressee under the following conditions:

1. The recipient signing for the article must be an adult at least 21 years old. The following requirements also must be met:
1. A Postal Service employee must verify the recipient’s age before releasing or delivering the item to the recipient.
2. The recipient must furnish proof of age via a driver’s license, passport, or other government-issued photo identification that lists age or date of birth.
3. The name on the identification must match the name of the addressee on the Priority Mail Express or Priority Mail label.
2. Once the recipient’s age and identity are verified, the recipient must sign for receipt of delivery and in the appropriate signature block of PS Form 3811.

473.6 Public Health Exception

Federal government agencies involved in the consumer testing of tobacco products solely for public health purposes may mail cigarettes (this does not apply to smokeless tobacco or ENDS) under the mailing standards of 473.5, except as follows:

1. The federal agency is not required to have a manufacturer’s permit issued under 26 U.S.C. § 5713.
2. The recipient is not required to be paid a fee for participation in consumer tests.

Upon written request, the director, PCSC, may waive certain application requirements for mailings entered by the requesting federal agency. The director, PCSC, may suspend, rescind, or modify any waiver at any time.

473.7 Suspension or Revocation of Eligibility

Eligibility to mail under one of the exceptions in 473.2 through 473.6 may be suspended or revoked by the director, PCSC, in the event of failure to comply with any applicable law or regulation. The following applies to suspensions or revocations:

1. A customer may appeal an adverse initial decision to the director, Product Classification (see 214 for address).
2. The mailer bears the burden of proof in establishing eligibility in any appeal of a suspension or revocation decision and of furnishing all supporting documentation when requested.
3. Decisions by the director, Product Classification, to revoke a customer’s eligibility under any exception may be appealed to the Judicial Officer under 39 CFR Part 953.