Special Procedures for Shipping Tobacco and Vape
Shipments containing Tobacco Products ("Tobacco Product Shipments") are accepted for transportation only from Shippers who are licensed and authorized to ship Tobacco Products pursuant to applicable laws.
To make Tobacco Product Shipments, the Shipper must sign, agree to, and comply with the provisions set forth in an approved TForce Freight agreement for the transportation of Tobacco Products. Shippers and receivers must comply with all applicable federal, state, provincial, or local laws or regulations, and all Tobacco Product Shipments must conform to the terms, conditions, restrictions, and prohibitions set forth on this page at the time of shipping. It is the responsibility of the Shipper to ensure that a Shipment tendered to TForce Freight, including a Tobacco Product Shipment, does not violate any federal, state, provincial, or local laws or regulations applicable to the Shipment.
TForce Freight reserves the right to refuse to accept, transport, or deliver any Tobacco Product Shipment that TForce Freight, in its sole and unlimited discretion, determines does not comply with TForce Freight requirements for the shipment or any applicable law or regulation, and to discontinue any or all service to any Shipper for, among other reasons, tendering such a Shipment. TForce Freight reserves the right to dispose of any Tobacco Product Shipment that Shippers are prohibited from shipping, that TForce Freight is not authorized to accept, that TForce Freight states that it will not accept, or that TForce Freight has a right to refuse.
While Shippers are responsible for reviewing all federal, state, provincial, or local laws or regulations applicable to a Shipment to determine the legality of the shipment, general restrictions applicable in all states (whether by law or by TForce Freight policy) include:
- TForce Freight does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
- TForce Freight prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
- TForce Freight prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.
- All Tobacco Product Shipments must be made using TForce Freight Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
- Federal law imposes labelling and packaging, record-keeping, and tax-collecting obligations relating to permissible tobacco shipments. See 18 U.S.C. § 376a.
- Federal law limits the quantity of tobacco that may be permissibly shipped. See 18 U.S.C. § 376a.
- Most states require that some or all Tobacco Products bear tax stamps; shippers are responsible for reviewing state or local laws governing the required tax stamps for any Tobacco Products they tender to TForce Freight for shipment, to ensure that TForce Freight is not carrying any Tobacco Products that do not bear the requisite tax stamps.
Vaping Products
Vaping Products are considered Tobacco Products for the purpose of this policy.TForce Freight no longer accepts for U.S. domestic shipment, including import and export into or from the U.S., any Vaping Product, including but not limited to e-cigarette devices and e-liquids or gels, regardless of nicotine content, even if a Shipper or consignee is permitted to ship and receive Vaping Products under applicable laws or regulations.
Definitions
For purposes of TForce Freight’s policy on shipment of Tobacco Products, the following definitions apply:
"Cigarette" means (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco or (b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in (a).
"Little Cigar" means any roll for smoking made of tobacco, wrapped in either paper or any form of tobacco (including homogenized tobacco or natural leaf tobacco), that either (a) weighs 4 pounds or less per 1,000 rolls or (b) has a filter made of cellulose acetate or any other integrated filter.
"Tobacco Products" means tobacco or tobacco products, as those terms are variously defined in the Food and Drug Administration’s Final Rule Deeming Tobacco Products To Be Subject to the Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act, dated August 8, 2016 ("FDA’s Deeming Rule", https://www.gpo.gov/fdsys/pkg/FR-2016-05-10/pdf/2016-10685.pdf). Without limiting the complete definition found in the FDA’s Deeming Rule, the term "Tobacco Products" includes any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product; the term includes, without limitation, e-cigarettes, ehookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes.
“Vaping Product” means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device, including but not limited to e-cigarettes, e-hookahs, e-cigars, vape pens, advanced refillable personal vaporizers, electronic pipes, as well as any component, liquid, gel, part, or accessory of such device, without regard to whether the component, liquid, gel, part, or accessory is sold separately from the device.