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 608.2.2.
2. Mail sent to 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 608.2.3.
5. Mail presented outside a face-to-face transaction with a Postal Service employee at a Postal Service retail or business mail acceptance location. Prohibited entry methods include, but are not limited to:
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 when 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 473.1(e).
2. Destinate in the same state of origin.
3. Display a valid, complete return address within the state of origin .
4. Are marked on the address side of the mailpiece with "INTRASTATE SHIPMENT OF [CIGARETTES/SMOKELESS TOBACCO/ENDS]" (with the applicable type selected).

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), along with any required worksheets for ENDS (Worksheets 4615-EM and 4615-ER as appropriate), and supporting documentation requested on those forms and worksheets.

The following conditions apply:

1. Information Requirements: 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. The nature of the relevant business activities (e.g., manufacturing, wholesale, distribution, testing, investigation, import, and export) for each business mailer and/or recipient.
5. The brand name and a description of each product intended to be mailed. For ENDS, descriptions must include:
1. The source of any CBD.
2. The concentration of any THC.
3. Safety data sheets or technical specification documentation for any hazardous materials (e.g., lithium batteries, nicotine, diacetyl, or propanol).
2. Applicant Responsibilities: The applicant is responsible for establishing the eligibility of each sender and recipient, and for ensuring the accuracy, completeness, and currency of all information provided. Applications must be submitted 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. Eligibility Determination by PCSC: 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 full or in part, specifying approved mailers or recipients.
3. A number is assigned to each letter of eligibility.
4. Updates to Information: The applicant is responsible for any amendments to application information, including any updated documentation, at least 15 days before mailing to or from an involved entity.
5. Waivers for Government Agencies: Upon written request by a state or federal agency, the director of PCSC may, at their discretion, waive certain application requirements for mailings entered by state or federal agencies for regulatory purposes, with the authority to suspend, rescind, or modify any waiver at any time.
6. Lapse of Eligibility: Eligibility to mail under this exception will lapse if no mailings are tendered under this exception within any 3-year period, requiring the mailer to reapply for future mailings.
7. Access to Authorized Mailers List: Current lists of authorized mailers will be made available to retail and business mail acceptance personnel.

473.33 Mailing

Mailings tendered under the business/regulatory purposes exception must meet the following requirements:

1. Prepaid Shipping Labels: Utilize prepaid shipping labels with Intelligent Mail package barcodes.
2. Eligible Mail Products: Be mailed by one of the following mail products:
1. Priority Mail Express.
2. Priority Mail.
3. USPS Ground Advantage.
3. Adult Signature: Include Adult Signature or Adult Signature Restricted Delivery service (refer to DMM 503.8.2).
4. Domestic Return Receipt: A Domestic Return Receipt (PS Form 3811) must accompany the mailpiece. The eligibility number issued by the PCSC must appear in the sender‘s address block with the return address as follows:

PCSC, PACT MAILING OFFICE
USPS ELIGIBILITY NO. XX-00-0000
90 CHURCH ST., STE 3100
NEW YORK, NY 10007-2951

5. Marking: The address side of the mailpiece must display the following marking, with the relevant type of item selected: "[CIGARETTE, SMOKELESS TOBACCO, or ENDS] MAILING-DELIVER ONLY TO EMPLOYEE OF ADDRESSEE [BUSINESS or AGENCY] UPON AGE VERIFICATION".
6. Sender and Recipient Information: The complete business or government agency name and mailing address for both the sender and recipient must be included. Each must exactly match those listed on the authorized mailer‘s application on file with the Postal Service.
7. Entry Location: The mailpiece must 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. Face-to-Face Transaction: 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 473.1(e).
2. Required Documentation: The mailer must present Postal Service acceptance personnel with the following:
1. Shipments of Cigarettes and/or Smokeless Tobacco: A letter from the PCSC authorizing the mailer, addressee, and acceptance location.
2. Shipments of ENDS:
1. A letter from the PCSC authorizing the mailer to ship under this exception.
2. A PCSC-approved Worksheet 4615-ER authorizing the addressee.
3. If applicable, a PCSC-approved Worksheet 4615-EM authorizing the mailer and the acceptance location.
3. Verification by Postal Service: 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 displaying the marking for business/regulatory purposes are delivered to a verified employee of the addressee business or government agency under the following conditions:

1. Age Verification: The recipient must be an adult of at least the required minimum age (refer to 471(i)). A Postal Service employee must verify the recipient‘s age using a government-issued photo identification that lists age or date of birth (.(e.g., driver‘s license or passport).
2. Employment Verification: 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. Signature Requirements: Upon verifying age and employment, 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.

Mailings under this exception must meet all conditions in 473.42 through 473.45. Eligible shipments may be sent 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. Gift Exchanges: Covered products exchanged as gifts between individual adults. "Gifts" do not include covered products purchased from a third-party vendor for another individual through a mail-order transaction or covered products included at no additional charge with other matter in accordance with a commercial transaction.
2. Returns: Damaged or unacceptable covered products returned by consumers 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 if it does not exceed the amount that the consumer paid for the returned product plus the cost of return shipping for it.
3. Recycling: Used covered products sent by consumers to a manufacturer or other business for recycling provided the consumer does 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 ten mailings under this exception in any 30-day period. Each mailing under the certain-individuals exception must meet the following requirements:

1. Weight Limit: Weigh no more than 10 ounces.
2. Prepaid Shipping Labels: Utilize prepaid shipping labels with Intelligent Mail package barcodes that include the following:
1. Full name and mailing address of the sender and recipient, and
2. 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."
3. Adult Signature or Adult Signature Restricted Delivery service (refer to DMM 503.8.0).
4. Be sent by one of the following mail products:
1. Priority Mail Express.
2. Priority Mail.
3. USPS Ground Advantage.

473.44 Entry and Acceptance

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

1. Face-to-Face Transaction: 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 473.1(e).
2. Identification Requirements: The sender must present a government-issued photo identification that lists age or date of birth (e.g., driver’s license or passport). The following also applies:
1. The name on the identification must match the sender’s name in the return address block of the mailpiece.
2. The sender must be an adult of at least the required minimum age at the place of acceptance (refer to 471(i)).
3. Age Confirmation for Addressee: For mailings addressed to an individual, at the time the mailing is presented, the sender must orally confirm that the addressee is an adult of at least the required minimum age at the place of delivery (refer to 471(i)).

473.45 Delivery

Delivery under the certain-individuals exception must adhere to the following conditions:

1. Age Verificaiton: The recipient must be an adult of at least the required minimum age (refer to 471(i)). A Postal Service employee must verifythe recipient‘s age using a government-issued photo identification that lists age or date of birth (e.g., driver‘s license or passport).
2. Signature Requirement: Upon verifying age, the recipient must sign for receipt of delivery.

473.5 Consumer-Testing Exception

473.51 General

The consumer-testing exception permits legally operating cigarette manufacturers, or their legally authorized agents, to mail cigarettes to verified adult smokers solely for consumer testing purposes. Eligible manufacturers must hold a valid permit issued per 26 U.S.C.§ 5713. The consumer-testing exception applies only to cigarettes, excluding smokeless tobacco and ENDS. Mailability is further restricted to mailings that comply with all conditions in 473.52 through 473.55.

473.52 Application

Those seeking authorization to mail cigarettes under the consumer-testing exception must submit a completed application (PS Form 4616), along with all supporting documentation requested on that form, to MDA@usps.gov. The following conditions apply to each application:

1. Required Information: The applicant must provide the following information:
1. A copy of the relevant manufacturer‘s permit issued per 26 U.S.C. § 5713.
2. Details about any agency relationship with the manufacturer, if the applicant is an agent of a manufacturer.
3. A list of all locations where mail containing cigarettes for consumer testing will be presented.
2. Compliance Certification: Applicants must certify in writing they will comply with the following requirements:
1. All recipients of consumer-testing cigarette samples are verified adult smokers.
2. Recipients do not make any payments for the cigarettes.
3. Each recipient will sign a statement indicating desire to receive the mailings.
4. The manufacturer, or their legally authorized agent, will provide recipients the opportunity to withdraw their written statement at least once every 3 months.
5. Each package mailed under this exception will contain no more than 12 packs of cigarettes (maximum of 240 cigarettes), on which all applicable state and local taxes have been paid and the necessary tax stamps or other tax-payment indicia have been applied.
3. Submission of Application: Applications must be emailed to the director, PCSC, at MDA@usps.gov. The applicant bears the burden of establishing eligibility.
4. Record Submission: Upon request, the applicant must provide any records establishing compliance to the director, PCSC, and/or the director, Product Classification (refer to 214 for contact information), within 10 business days of the request.
5. Eligibility Determination: The director, PCSC, determines eligibility to mail under the consumer-testing exception. The following applies:
1. The director of PCSC may approve or deny an application in full or in part, specifying approved mailers or recipients.
2. A number is assigned to each letter of eligibility.
6. Updates to Information: The applicant is responsible for any amendments to application information, including any updated documentation, at least 15 days before mailing to or from an involved entity.
7. Lapse of Eligibility: Eligibility to mail under this exception will lapse if no mailings are tendered under this exception within any 3-year period, requiring the mailer to reapply for future mailings.
8. Access to Authorized Mailers List: Current lists of authorized mailers will be made available to retail and business mail acceptance personnel.

473.53 Mailing

Mailings tendered under the consumer-testing exception must meet the following provisions or conditions:

1. Tobacco Content: Each package mailed under this exception will contain no more than 12 packs of cigarettes (maximum of 240 cigarettes), on which all applicable state and local taxes have been paid, and the necessary tax stamps or other tax-payment indicia have been applied.
2. Service Requirements: One of the following combinations of services must be used:
1. Priority Mail Express with Adult Signature Required or Adult Signature Restricted Delivery service (refer to DMM 503.8.0).
2. Priority Mail with Adult Signature Required or Adult Signature Restricted Delivery service.
3. Domestic Return Receipt: A Domestic Return Receipt (PS Form 3811) must accompany the mailpiece. The eligibility number issued by the PCSC must appear in the sender‘s address block, with the return address as follows:

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

4. Marking: The address side of the mailpiece must display the following marking, with the relevant type of item selected: "PERMITTED CIGARETTE MAILING - DELIVER ONLY TO ADDRESSEE UPON AGE VERIFICATION".
5. Sender and Recipient Information: The complete mailing address of both the mailer and recipient. Each must exactly match those listed on the authorized mailer‘s application on file with the Postal Service.
6. Destination Restrictions: Packages mailed under this exception must not be addressed to any locations within a state that prohibits delivery or shipment of cigarettes to individuals.
7. Recipient Eligibility: Packages mailed under this exception must be sent only to addressees who:
1. Have not made any payment for the cigarettes.
2. Are being paid a fee for participation in consumer tests.
3. Have agreed to evaluate the cigarettes and furnish feedback to the manufacturer in connection with the consumer test.
8. Frequency Limitation: No more than one package from a single manufacturer may be sent to an adult smoker within any 30-calendar day period.
9. Entry Location: The mailpiece must 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. Face-to-Face Transaction: 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 473.1(e).
2. PCSC Authorization Letter: The mailer must present Postal Service acceptance personnel with a letter from the PCSC authorizing the mailer, addressee, and acceptance location.
3. Verification by Postal Service: 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.

473.55 Delivery

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

1. Age Verification: The recipient must be an adult of at least the required minimum age (refer to 471(i). A Postal Service employee must verify the recipient‘s age using a government-issued photo identification that lists age or date of birth (e.g., driver‘s license or passport). Additionally, the name on the identification must match the name of the addressee on the Priority Mail Express or Priority Mail label.
2. Signature Requirements: Upon verifying age and identity, 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 conducting consumer testing of tobacco products solely for public health purposes may mail cigarettes (excluding smokeless tobacco or ENDS) per the mailing standards of 473.5, with the following exceptions:

1. Manufacturer‘s Permit Exemption: Federal agencies are not required to have a manufacturer‘s permit per 26 U.S.C. § 5713.
2. Fee Requirement Waiver: Recipients are not required to receive a participation fee for consumer testing.
3. Waivers for Federal Agencies: Upon written request by a federal agency, the director of PCSC may, at their discretion, waive certain application requirements for mailings entered by that federal agency for regulatory purposes, with the authority to 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 non-compliance with any applicable law or regulation. The following provisions apply to eligibility suspensions or revocations:

1. Appealing Initial Decision: Customers may appeal an adverse initial decision to the director, Product Classification (refer to 214 for contact information).
2. Proof of Eligibility: The mailer bears the burden of proof in establishing eligibility in any appeal of a suspension or revocation decision and for providing all requested supporting documentation.
3. Further Appeals: Decisions by the director, Product Classification, to revoke a customer‘s eligibility under any exception may be appealed to the Judicial Officer per 39 CFR Part 953.