Treatment of E-Cigarettes in the Mail

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Postal Service 39 CFR Parts 111 and 211 AGENCY: Postal Service TM . ACTION: Final rule. SUMMARY: The Postal Service revises its regulations in Publication 52, Hazardous, Restricted, and Perishable Mail, to incorporate new statutory restrictions on the mailing of electronic nicotine delivery systems. Like cigarettes and smokeless tobacco, such items are generally nonmailable, subject to certain exceptions. DATES: This rule is effective October 21, 2021. FOR FURTHER INFORMATION CONTACT: Dale E. Kennedy, Director, Product Classification, at 202-268-6592. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Summary of Final Rule III. Response to Comments A. Lack of Policy Discretion 1. Extra-Statutory Expansion of Mailability 2. Extra-Statutory Restriction of Mailability 3. Effective Date B. Constitutionality C. Relation to Other Laws 1. FDA Regulation of Certain ENDS as “Tobacco Products” 2. Laws Regarding Marijuana, Hemp, and Hemp Derivatives 3. Other Issues D. Scope of Covered ENDS Products 1. Non-Nicotine-Related ENDS Products Generally i. Relation to Nicotine and Flavor ii. Relation to Listed Devices iii. Legislative History of the POSECCA 2. Products That Aerosolize Non-Solution Solids 3. Heat-Not-Burn Cigarettes 4. Products That Release Aerosols Into Ambient Air, Not for Direct Inhalation 5. Natural vs. Synthetic Nicotine 6. Precursors E. Exclusion of Tobacco Cessation and Therapeutic Products F. Intra-Alaska and Intra-Hawaii Shipments G. Business/Reg…