                                 CODE OF VIRGINIA

AGE VERIFICATION REQUIREMENTS (§ 18.2-246.8)

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

   1. Obtains from the prospective consumer a certification that includes (i) a
   reliable confirmation that the consumer is at least the legal minimum purchase
   age and (ii) a statement signed by the prospective consumer in writing that
   certifies the prospective consumer&#8217;s address and that the consumer is at
   least 21 years of age. Such statement shall also confirm (a) that the
   prospective consumer understands that signing another person&#8217;s name to
   such certification is illegal, (b) that the sale of cigarettes to individuals
   under the legal minimum purchase age is illegal, and (c) that the purchase of
   cigarettes by individuals under the legal minimum purchase age is illegal
   under the laws of the Commonwealth;

   2. Makes a good faith effort to verify the information contained in the
   certification provided by the prospective consumer pursuant to subdivision 1
   against a commercially available database of valid, government-issued
   identification that contains the date of birth or age of the individual
   placing the order, 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 consumer, via email or other means, a notice
   that meets the requirements of &#xA7; 18.2-246.9; and

   4. Receives payment for the delivery sale from the prospective consumer by a
   credit or debit card that has been issued in such consumer&#8217;s name or by
   a check drawn on the consumer&#8217;s account.

B. 1. Except as provided in § 58.1-1021.06, if a purchase order for a liquid
nicotine or nicotine vapor product, as defined in § 58.1-1021.01, is made via
the Internet, no person shall make a delivery for such order unless the delivery
is to a retail dealer, as defined in § 58.1-1021.01.

   2. Persons accepting purchase orders made via the Internet for delivery sales
   may request that prospective consumers provide their email addresses.

HISTORY: 2003, c. 1010; 2019, cc. 90, 102; 2024, cc. 796, 821.