Nonmailability of certain tobacco products

(a)

In general

Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a the following:

3002b.

Nonmailability of certain tobacco products

(a)

In general

Cigarettes, smokeless tobacco, and roll-your-own-tobacco— (1)are nonmailable matter; (2)shall not be— (A)deposited in the mails; or (B)carried or delivered through the mails; and (3)shall be disposed of as the Postal Service directs. (b)

Civil Penalty

(1)

In general

Any person who violates subsection (a)(2)(A) shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each violation. (2)

Hearings

(A)

In general

The Postal Service may determine that a person has violated subsection (a)(2)(A) only after notice and an opportunity for a hearing. Proceedings under this paragraph shall be conducted in accordance with section 3001(m). (B)

Penalty considerations

In determining the amount of a civil penalty under this paragraph, the Postal Service shall consider— (i)the nature, circumstances, extent, and gravity of the violation; (ii)with respect to the violator, the degree of culpability, ability to pay, and any history of prior violations; and (iii)such other matters as justice may require. (3)

Civil actions to collect

A civil action may, in accordance with section 409(g)(2), be brought in an appropriate district court of the United States to collect a civil penalty assessed under paragraph (2). (4)

Disposition of amounts

Amounts received in payment of any civil penalties under this subsection shall be deposited as miscellaneous receipts in the Treasury of the United States. (c)

Detention of mail for temporary periods

(1)

In general

In preparation for or during the pendency of proceedings under subsection (b), the Postal Service may, under the provisions of section 409(g)(2), apply to the district court in any district in which the defendant is found or in any district in which is sent or received any mail deposited in the mails allegedly in violation of subsection (a)(2)(A), for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure. (2)

Requirements

(A)

Court orders

Upon a proper showing, the court shall enter an order which shall— (i)remain in effect during the pendency of the statutory proceedings or any judicial review of such proceedings; and (ii)direct the detention by the postmaster, in any and all districts, of the defendant’s incoming mail and outgoing mail, which is the subject of the proceedings under subsection (b). (B)

Proof required

A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under subsection (b). (3)

Disposition of unrelated mail

Mail detained under paragraph (2) shall— (A)be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and (B)be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under subsection (b). (d)

Definitions

For purposes of this section— (1)the terms cigarette and roll-your-own-tobacco have the meanings given them by section 5702 of the Internal Revenue Code of 1986; and (2)the term smokeless tobacco has the meaning given such term by section 2341 of title 18.

(b)

Administrative subpoenas

Section 3016(a) of title 39, United States Code, is amended in paragraphs (1)(A) and (2) by inserting 3002b(b) or before 3005(a). (c)

Semiannual reports

Section 3013 of title 39, United States Code, is amended— (1)in paragraph (1), by inserting 3002b(b) or before 3005; and (2)in paragraph (3), by striking section 3007 of this title and inserting section 3002b(c) or section 3007, respectively,. (d)

Amendments to Tariff Act of 1930

Section 583(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1583(c)(1)) is amended— (1)by redesignating subparagraph (K) as subparagraph (L); and (2)by inserting after subparagraph (J) the following:

(K)Cigarettes, smokeless tobacco, or roll-your-own tobacco (as those terms are defined in section 3002b of title 39, United States Code).

(e)

Clerical amendment

The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following:

3002b. Nonmailability of certain tobacco products.

(f)

Effective dates

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall take effect on the 60th day after the date of the enactment of this Act, and shall apply with respect to any mail matter mailed on or after such 60th day. (2)

Semiannual reports

The amendments made by subsection (c) shall apply with respect to reports submitted for reporting periods (as referred to in section 3013 of title 39, United States Code) beginning with the reporting period in which occurs the 60th day after the date of the enactment of this Act.