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Code · BILL · 115th Congress · H.R. 5961 (Reported in House) — Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs... · Sec. 775

Sec. 775.

368 words·~2 min read·/bill/115/hr/5961/rh/section-775

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Section 906(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387f(d) ) is amended by striking paragraph
(4)and inserting the following: A delivery seller of vapor products— shall not sell, deliver, or cause to be delivered any vapor products to a person under the minimum age required for the legal sale or purchase of vapor products, as determined by the applicable law at the place of delivery; and shall not accept a delivery sale order from a person without— obtaining the full name, birth date, and residential address of that person; and verifying the information provided in clause (i), through the use of a commercially available database or aggregate of databases, consisting primarily of data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication, to ensure that the purchaser is at least the minimum age required for the legal sale or purchase of vapor products, as determined by the applicable law at the place of delivery. No database being used for age and identity verification under subparagraph (B)(ii) shall be in the possession or under the control of the delivery seller, or be subject to any changes or supplementation by the delivery seller. In this paragraph: The term delivery sale means a sale of vapor products in which— the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or the vapor products are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the vapor products. The term delivery seller means a person who makes a delivery sale, or provides an online marketplace to facilitate a delivery sale. The term online marketplace means an online portal or other digital or similar platform that facilitates the sale of products to consumers, through retail sale, auction, or similar transactions. .
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