[cooljay788]

I know this forum has a discussion on this topic already. But I found a new page on Congress proposing banning USPS from delivering tobacco products.

Here's a partial copy of the proposal presented on March 9, 2009. The forum won't allow me to post it in its entirety.

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111th CONGRESS

1st Session

H. R. 1400

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

IN THE HOUSE OF REPRESENTATIVES

March 9, 2009

Mr. MCHUGH introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. 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:

`Sec. 3002b. Nonmailability of certain tobacco products

`(a) In General- Except as provided in subsections (g) and (h), 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.