H.R.1400

To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable, and for other purposes.

3/9/2009--Introduced.

Makes cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable.

Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.

Imposes a civil penalty for each mailing violation.

Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter.

Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; and (2) obtain damages.

Exempts from the prohibition the mailing of tobacco products: (1) for business purposes between businesses engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; (2) for regulatory purposes between any such business and any government agency; or (3) for non-moneymaking purposes between individuals.

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