TERMS & CONDITIONS
WHAT IS THE PACT ACT?
The PACT Act stands for “Prevent All Cigarette Trafficking” Act. It is an amendment that was recently signed into law in the month of December 2020. What this new law does affects the entire vapor products industry by regulating the sale of vaping products online and thousands of brick & mortar vape shops throughout the United States. The law goes into effect on Saturday, March 27th, 2021.
ARE VAPING PRODUCT SHIPMENTS BEING BANNED?
While there isn’t necessarily a ban on shipping vaping products, the PACT Act prevents USPS (United States Postal Service) from carrying any vaping products. Even though shipping vaping products isn’t banned, it is a frustrating hurdle for vaping brands and distributors to ship them. To add to the unfortunate circumstance with shipping products to customers, Both FedEx and UPS have jumped on board and will stop carrying vaping products as well.
Note: To continue providing the same level of service and to ensure you still have access to products online, we will be diligently working towards expanding our shipping coverage with new shipping partners. Once USPS has stopped carrying our products, we may experience temporary interruptions in some locations.
WHERE DOES MKE Vape wholesale SHIP TO?
In order for us to follow the guidelines required by the PACT Act, MKE Vape Wholesame can only ship to US states where vape mail is legal. In other words, if your states has banned packages containing vaping products, we will not be able to ship to you, unfortunately. Below is a list of states we do not ship to:
- New York
- South Dakota
WILL I HAVE TO SIGN FOR PACKAGES I RECEIVE?
Yes, you will be required to sign for packages that contain vaping products. The packages require an adult that is 21+ in age, along with an Identification Card (ID) in ALL states.
WILL PACKAGES BE ANY DIFFERENT?
Yes, the packages you receive will now contain a new stick due to the new labeling rules. The sticker will display the following text: “CIAGETTES/NICOTINE/SMOKELESS TOBACCO: FEDERAL LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING OBLINGATIONS.”
WILL I HAVE TO PAY AN EXTRA TAX FOR MY ORDERS?
Due to the guidelines we must follow, some states are imposing a tax on vaping products, and therefore, if you live in one of these tax collecting states, we must collect the tax from you and pay it on your behalf. During the checkout process on our store, once you’ve entered your ZIP code, we will automatically collect the relevant state excise to your final total.
Note: This new tax requirement applies to online retailers and even your local vape shops. There is simply no way of getting around the tax collection of vaping products.
WILL I STILL BE ABLE TO SHOP AT MKE Vape wholesale?
Yes, absolutely! While vaping products and the sell of them are not being banned, the PACT Act is definitely making it harder for us to operate our business. Fortunately, we have great support and loyal customers, and that motivates us to work harder to ensure that you consistently have access to vaping products on our online store.
PACT ACT COMPLIANCE
In the recent COVID-19 relief bill, which was signed into law on December 27, 2020, Congress amended the “Prevent All Cigarette Trafficking” Act, otherwise known as the PACT Act. The new amendment “Preventing Online Sales of E-Cigarettes To Children Act” modifies the original definition of “cigarette” to include “Electronic Nicotine Delivery Systems (ENDS). It was amended to include all electronic cigarette and vaping products. The PACT Act was originally signed into law in 2009 and prohibited the United States Postal Service (USPS) from delivering cigarettes and other smokeless tobacco products directly to consumers. Unfortunately, vapor products are now included in this as well, therefore there are some new compliance issues related to shipping via USPS. There are also some ATF guidelines that you must comply with and require your immediate action.
AS REQUIRED BY THE PACT ACT
To comply with the PACT Act and adhere to the ATF guidelines, we are required to provide images (PDF files if possible) of all of your current licenses, which include State, Country, and Local licenses. These licenses are ones you should already have on hand, as it is legally required for your company and applicable stores to operate. The licensing requirements aren’t all the same. In fact, the license requirements may differ depending on the state you reside. However, it is very likely that you are required to have one or more tobacco and/or vapor product license(s) and business license(s). In addition, we would also require an image (PDF files if possible) of your current resellers permit or sales and use tax exemption certificate, your Employer Identification Number (FEIN), and contact information for both you and your business.
WHOLESALE MEMBERS PLEASE PROVIDE THE FOLLOWING DOCUMENTS
- Updated store information and contact information.
- Copy of your current state, country, and local business licenses.
- Copy of your tobacco and/or vapor product licenses.
- Copy of your reseller’s permit or sales and use tax exemption certificate.
- Your Employer Identification Number (FEIN).
We are well aware that there are several businesses that have multiple store locations. If you have multiple locations, we ask that you provide the same documents for each location in order to fully comply.
Since 2018, MKE Vape Wholesale has established itself as the industry’s premier online retailer and wholesale distributor for electronic cigarettes and vapor products. We have continuously worked diligently to meet the needs of our customers and clients, and it is now our duty to comply with the regulations set forth by the Government as they regulate the vaping industry. In order to fully comply, we must meet all of the requirements and deadlines of the new Federal regulations, therefore, we sincerely appreciate your support and compliance during this process. From the entire team at MKE Vape Wholesale, we thank our members for your continued business, support, and for allowing us to continue servicing your business.