AVAIL PACT Act Compliance Memo

Dear AVAIL Business Partner, Vendor or Supplier:

AVAIL, LLC is a Virginia headquartered B2C seller of nicotine and CBD products. All of the nicotine associated products and some CBD products are subject to the federal PACT Act as of March 27, 2021 (“Vapor Products”).

As such, AVAIL has taken the following steps to be compliant with the PACT Act:

  1. Hold a current Federal business license.
  2. Have sought guidance, or already hold State permits/licenses as Manufacturer, Distributor and/or Delivery Service in all States which require it, or otherwise have “registered” according to requirements in States which do not require a permit or license.
  3. Submitted PMTA Regulatory applications to the Food & Drug Administration (FDA). The determination is expected to take significant time based on the FDA’s available resources.
  4. Submitted a PACT Act application to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in accordance with 15 U.S.C. § 376(a)(1). We have received confirmation of receipt of our application, but we await notification of approval.
  5. Have updated our selling systems to process, charge and collect appropriate new excise taxes for B2C transactions per State regulations.
  6. Have updated our shipping services to ensure they are fully compliant with PACT Act regulations pertaining to receipt of products only by confirmed adults over the age of 21 for all shipments.
  7. Have put in place new monthly State reporting requirements by the 10th of each calendar month to report all sales made into each State, and to pay excise taxes as appropriate.

If you require copies of our permits or licenses, you can find them via the link below. You must be a verified business partner of AVAIL to view documents. Please note, several permit/license applications have been submitted and we are awaiting arrival of approval documentation. As soon as they are received, access to the new permits and licenses will be updated on our website.

For further questions pertaining to AVAIL’s steps to become compliant with the PACT Act, please contact [email protected].

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