Pact Act Final Ruling

Looks like USPS released the Final Ruling of Pact Act to be announced…

Thoughts ?? I got an email from Eciggity saying once this goes into affect they will stop shipping.

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I just saw that too, here is a screen shot of the email from Eciggity

I didn’t read a date when shipping will stop though, did I miss it? Haven’t read the PDF yet

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I havent read it either …Im thinking 90days hopefully , i need to order a couple more arbiters and arbiter2 …My GF wo t switch fron the smok novos even though I bout a bunch of caliburn , caliburn gs for her so I need to grab some of those …I lm waiting for a date b4 I go crazy

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Some highlights …

The statutory framework into which ENDS must now fit was established by
the Prevent All Cigarette Trafficking Act of 2009 (“PACT Act”), Pub. L. 111–154,
sec. 3, 124 Stat. 1087, 1103–1109 (2010), codified at 18 U.S.C. 1716E. Briefly,
the PACT Act allows cigarettes and smokeless tobacco to be mailed only in the
following circumstances:
Intra-Alaska and Intra-Hawaii Mailings: intrastate shipments within Alaska
or Hawaii;
Business/Regulatory Purposes: shipments between verified and
authorized tobacco-industry businesses for business purposes, or between such
businesses and federal or state agencies for regulatory purposes;
Certain Individuals: lightweight, noncommercial shipments by adult
individuals, limited to 10 shipments per 30-day period;
Consumer Testing: limited shipments of cigarettes sent by verified and
authorized manufacturers to adult smokers for consumer testing purposes; and
Public Health: limited shipments of cigarettes by federal agencies for
public health purposes under similar rules applied to manufacturers conducting
consumer testing.

Outside of these exceptions, the Postal Service
cannot accept or transmit any package that it knows, or has reasonable cause to
believe, contains nonmailable smokeless tobacco or cigarettes. Id. at (a)(1).
Nonmailable cigarettes and smokeless tobacco deposited in the mail are
subject to seizure and forfeiture. 18 U.S.C. 1716E(c). Senders of nonmailable
cigarettes or smokeless tobacco are subject to criminal fines, imprisonment, and
civil penalties, in addition to enforcement under other Federal, State, local, and
Tribal laws. Id. at (d), (e), (h).

In inviting public comment, the notice of proposed rulemaking highlighted
certain topics on which comments would be especially helpful: the definition of
ENDS, appropriate “catch-all” terminology, standards for determining mailability,
and the potential applicability of the PACT Act’s exceptions, particularly the
Consumer Testing and Public Health exceptions. 86 FR 10219–10220. We
received more than 15,700 comments on these and other topics, most of which
appear to be electronically generated form letters and general expressions of
ENDS users’ dissatisfaction with the POSECCA.

Summary of Final Rule
ENDS products are generally nonmailable, except as authorized by an
exception, and then only if all PACT-Act-related and non-PACT-Act-related
conditions of mailability are met. Congress did not grant the Postal Service
authority to make policy decisions to waive or defer the operation of the
POSECCA, to create new PACT Act exceptions, or to expand, restrict, or modify
the scope of existing exceptions, beyond the reasonable application of the
conditions enumerated in the PACT Act.
ENDS products comprise (1) any electronic device that, through an
aerosolized solution, delivers nicotine, flavor, or any other substance to the user
inhaling from the device; and (2) any component, liquid, part, or accessory of an
ENDS, regardless of whether sold separately from the device. This statutory
definition resides in the Jenkins Act, which is administered by the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and inquiries about whether
specific products are covered should be directed to ATF. Provisionally, however,
certain aspects of the definition are apparent from the plain statutory language,
such as that a user must inhale from the device and that a covered ENDS
product must be, or be capable of use with, a liquid solution. At the same time,
Congress expressly provided that covered ENDS products extend beyond
nicotine-related use, as relevant products may deliver “nicotine, flavor, or any
other substance.”

The preexisting centralized application process for the
Business/Regulatory Purposes exception will be extended to ENDS products,
albeit with certain modifications to improve administration. Other, statutorilyderived
requirements relating to acceptance and delivery will apply to ENDS
products in like manner to cigarettes and smokeless tobacco. For example,
approved shippers of Business/Regulatory Purposes mailings must use specified
product combinations that allow for age and identity verification at delivery (e.g.,
Priority Mail with Adult Signature service) and must tender items in a face-to-face
transaction either at a Postal Service retail office or at a Postal Service business
mail acceptance location. For clarity, product combinations that include Adult
Signature service can receive normal carrier delivery, subject to identity and age
verification.

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More at low-lights then highlights …

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USPS Rule Bans Vape Mail October 21st - Vaping360 " The United States Postal Service will issue a final rule Oct. 21 that will end delivery of vaping products through the U.S. Mail. The new USPS rule, which will take effect immediately after publication in the Federal Register, will drastically change online sales and shipping of vaping devices and liquids."

How long does it take for a final rule to be published in the Federal Register?
30 days
A final rule can go into effect in less than 30 days if the agency demonstrates “good cause” for why this would be in the public interest. Some examples of this would be public health and safety or minor corrections.

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From “8 Vape” (On Twitter): Memo Re: Oct Shipping Changes 2021

Possible USPS Vape Shipping Ban Oct 21st

We Have Secure Shipping For 25 States Currently. The remainder of the states will be active as we secure reliable shipping carriers.

It is expected that the United States Postal Service (USPS) will be publishing their vape products’ shipping stoppage tomorrow on October 21, 2021. All orders that are currently out for delivery with USPS will be shipped.

The government document that we are speaking of can viewed at this url https://public-inspection.federalregister.gov/2021-22787.pdf

ANNOUNCEMENT REGARDING FUTURE SHIPPING COVERAGE, SIGNATURE REQUIREMENTS AND TRACKING.

Valued customers and community,

Good news: The good news is that we have secured reliable shipping for California, Texas, Florida, Arizona, Nevada and about 21 other states through a trusted network of shipping carriers. The remainder of the states will be published once we know the full list. The bad news is the shipping rates will most likely increase slightly compared to the USPS rates. Shipping time frames are expected to be 2 to 3 days longer than current delivery times.

Shipping with Eightvape Pending USPS Shut Off: We plan to continue to work hard to be able to provide shipping everywhere that legally allows vape products. Eightvape has a dedicated team working tirelessly on securing shipping carriers and platforms in order to make this transition as seamless as possible.

Signature required: All packages will be Adult Signature Required parcels (21+), and MUST be signed for. Drop-off not available.

Send mail to your work: Because of this, we’re urging you to send vape mail to your places of work, so it’s easier to receive a package during the day. Or if someone is at home during the day, they can sign for the package. The signee does not have to be the recipient of the package, but only an adult who lives or works at the shipping address.

Tracking: We’ll continue to provide tracking for your packages so you know when to expect your mail.

*Once the government publishes the document on this url https://www.federalregister.gov/public-inspection/2021-22787/treatment-of-e-cigarettes-in-the-mail these USPS rules are officially implemented

For any inconvenience on your vape ordering please use the discount code “USPSHatesVape” For 20% Off Your Order - Ends October 21st 11:59 PM!!

Sincerely,

Eightvape Team

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I’m tired y’all. I’m tired of everything. I’m at the end of my tether.

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I feel for the people who didn’t prepare for this or are just starting out and will be somewhat forced to go to B&M shops to get their gear. Going to pay around 3 times as much. Still cheaper than smokes though.
A buddy of mine refuses to quit and spends almost $500 per month on smokes. I tried getting him to vape but just won’t budge.
I’m stocked on everything I need till I’m in the ground.

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I hear ya man. I have to keep stepping back and taking a deep breath. This is just another scrap of garbage that’s been added to the pile.

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That’s if there are actually B&M shops in their states. All of the shops here in NYC & NY were forced to close a while back. :pensive:

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That’s right. I forgot about that.
It’s a bad deal all around

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Just received an email from Nude Nicotine. They have released two types of synthetic nicotine and are making it available for retail purchase. They are using FedEx for shipping. There are two types available:

  1. Racemic – 50% R / 50% S-isomer – Racemic Syntha is a mixture of both nicotine isomers, with a unique chemical signature due to the presence of the R-isomer in the blend. Tobacco nicotine does not have the R-isomer. The performance of this blend is considered industry-standard for synthetic nicotine as it-is the most widely adopted.
  2. Isomerized – 100% S-isomer – Isomerized Syntha is a 100% S-isomer synthetic nicotine that performs identical to tobacco-nicotine. The racemic Syntha is subjected to additional steps of processing and refinement to produce a synthetic nicotine that is devoid of R-isomer. We feel that this is the highest-performing synthetic nicotine.

The pricing is available on their site, it starts at around $25.00/60 mls (100mg/ml) for the Racemic and almost double that cost for the Isomerized.

Unfortunately (fortunately) the shipping is more @$35.00 (2day least expensive option) for FedEx.

This is an interesting side-step to the new Fed up law IMO - props to them for moving forward!

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Thanks @HVPGH.

This nicotine product is intended for use in oral/dermal nootropic, laboratory research, & nicotine replacement therapy (NRT) formulations ONLY. This includes, but is not limited to: gum, lozenges, transdermal patches, oral sprays, inhalers. This product is NOT intended for use in electronic cigarettes, vaporizers or any vaping application.

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It says it is not intended, that by no means indicates that it is contraindicated.

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This should be in all Caps and Bold typing…River Supply had a similar product that was not intended which meant NOT for Vaping …I do wonder though if they just put that to side step FDA

Sooner than later TFN and Synthetic Nic will be added to all the Acts that are killing vaping.

I would suggest to grab the real stuff while we still can

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why would there be smooth, hit, & signature blends if it were not for …“anything but vaping” - Like my dermal patches need to be a signature varietal blend ~lol

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Lmao… I missed that

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