>> Writing sample of a warning letter I wrote to businesses out of compliance with regulations. Research and coordination was necessary with in-house counsel and the Attorney General's delegate for the involved state.
You are receiving this letter because your business is not registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or the Commonwealth of Pennsylvania. This is a requirement for sellers of cigarettes or smokeless tobacco delivered by common carriers or by other means, in which the seller is not in the physical presence of the buyer during the actual transfer of the product.
On March 31, 2010, the Prevent All Cigarette Trafficking (PACT) Act was signed into law, and became effective June 29, 2010. The PACT Act requires anyone engaged in such business activity to register with the U.S. Attorney General and with the State Tobacco Tax Administrator of the state in which they do business. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has been delegated to act on behalf of the U.S. Attorney General for this registration process.
We have received information that you are shipping cigarettes into the Commonwealth of Pennsylvania, and are not registered with ATF or the state, and are not reporting your sales to the Tax Administrator of the Pennsylvania. The PACT Act requires that you register and report with each state where you conduct business.
Your name, the name of your business, and/or your website address is scheduled to be added to the non-compliant list on <insert date>. Placement on this list may affect your business’ ability to deliver cigarettes and smokeless tobacco. The PACT Act prohibits common carriers from delivering cigarettes and smokeless tobacco if the sender (delivery seller) is on the non-compliant list.
If you feel that this letter has been sent to you in error, you have the right to appeal within 14 days from receipt of this letter. The appeal must be in writing, detailing specific reasons why you should not be listed on the non-compliant list. ATF will then have 30 days to investigate and respond.
If you have additional questions, please contact me at (202) XXX-XXXX.
PACT Act Coordinator