Shipping Tobacco
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. Note that XPO Transport no longer accepts any vaping product for domestic U.S. shipment.
Shipping Tobacco
To make Tobacco Product Shipments, the Shipper must sign, agree to, and comply with the provisions set forth in an approved XPO Transport 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 XPO Transport, including a Tobacco Product Shipment, does not violate any federal, state, provincial, or local laws or regulations applicable to the Shipment.
The XPO Transport agreement for transportation of Tobacco Products incorporates Addendum A, which contains additional terms and requires Shippers to make an annual certification of compliance to XPO Transport. Addendum A may be amended from time-to-time. The current version is posted below. The version of Addendum A in effect at the time of shipping will apply to the shipment.
XPO Transport reserves the right to refuse to accept, transport, or deliver any Tobacco Product Shipment that XPO Transport, in its sole and unlimited discretion, determines does not comply with XPO Transport 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. XPO Transport reserves the right to dispose of any Tobacco Product Shipment that Shippers are prohibited from shipping, that XPO Transport is not authorized to accept, that XPO Transport states that it will not accept, or that XPO Transport 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 XPO Transport policy) include:
- XPO Transport does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
- XPO Transport prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
- XPO Transport 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 XPO Transport 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 XPO Transport for shipment, to ensure that XPO Transport 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. XPO Transport 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 XPO Transport policy on shipment of Tobacco Products, the following definitions apply:
Cigarette
- “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
- “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
- “Tobacco Products” means tobacco or tobacco products, as those terms are defined under federal law, including FDA regulations. Without limiting the complete definition, the term “Tobacco Products” also includes any product made or derived from tobacco that is intended for human consumption, and any component, part, or accessory for use with tobacco products such as e-cigarettes, ehookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes included within the federal definition of Tobacco Products. The term Tobacco Products also includes non-tobacco nicotine products.
Vaping Product
- “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.
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