A person may not mail or ship tobacco in connection with a delivery sale order unless the person, before mailing or shipping the tobacco, does all of the following:

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(1) Obtains a certification from the prospective consumer that includes a written statement signed by the prospective consumer that:

(a) Certifies the prospective consumer’s address and that the prospective consumer is at least 21 years of age; and

(b) Confirms that the prospective consumer understands that signing another person’s name to the certification is illegal, that the sale of tobacco to individuals under 21 years of age is illegal and that the purchase of tobacco by individuals under 21 years of age is illegal;

(2) Verifies that the prospective consumer is 21 years of age or older through the use of an independent, third-party verification system that compares information from public records to the personal information entered by the prospective consumer at the time the delivery sale is ordered;

(3) Provides a notice to the prospective consumer, via electronic mail or other means, that meets the requirements of ORS § 323.715; and

(4) In the case of an order for tobacco placed through an Internet website, receives payment for the delivery sale from the prospective consumer by a credit or debit card that has been issued in the name of the prospective consumer or by a personal check issued by the prospective consumer. [2003 c.804 § 76; 2017 c.701 § 21; 2021 c.179 § 9]