1. (a) Requirements. In the case of a mail order sale, the distributor must:

   1. (1) notify the director (CSR Section) in writing of each peyote mailing;
   2. (2) obtain the information required by paragraph (3) of this subsection in writing on appropriate church stationery, including a copy of the recipient's authorization letter or travel permit from a church;

   3. (3) prepare a sales receipt as required by §13.52 of this title (relating to Sales Receipt), except:

      1. (A) the distributor must clearly mark the sales receipt to indicate a mail order transaction;
      2. (B) the recipient's signature need not appear on the original receipt;
      3. (C) the recipient's signature must appear on the original documentation certifying eligibility to lawfully receive peyote as an Indian;
      4. (D) the original documentation certifying eligibility must include the mailing address at which the Indian will receive the peyote; and
      5. (E) the distributor must include the second copy (Copy 2) of the receipt on or within the mailed package containing the peyote; and
   4. (4) mail to the director the original sales receipt (Copy 1) and a copy of its associated documentation at the same time the distributor mails the peyote, not waiting for the due date of the next quarterly report.
2. (b) Recommendations. The director encourages but does not require that a distributor not mail the peyote until after the director receives the written notification. If the director (CSR Section) receives the distributor's receipt and its associated documentation before the distributor mails the peyote, the director (CSR Section) may then respond knowledgeably to an inquiry made about the legitimacy of the peyote shipment.

3. (c) Manner required. A distributor must mail an order for peyote only by using:

   1. (1) the distributor's principal place of business as the return address; and
   2. (2) the United States Postal Service, certified mail, return receipt requested; or

   3. (3) another parcel distribution system that minimizes the risk of diversion by:

      1. (A) restricting delivery to the individual placing the order; or
      2. (B) adequately identifying the individual to whom delivery was made.

4. (d) Manner prohibited. A distributor may not mail an order for peyote to:

   1. (1) a person other than the Indian placing the order at the address indicated for the Indian in the associated documentation; or
   2. (2) a third party.

Source Note:The provisions of this §13.51 adopted to be effective July 18, 2001, 26 TexReg 5266.