Sec.

124.8 Certain foreign communications. 124.9 Opinions on mailability.

AUTHORITY: The provisions of this Part 124 issued under R.S. 161, as amended, sec. 1, 62 Stat. 740, 741, 761-763, 768, 769, 781, 782, 64 Stat. 451; 5 U.S.C. 301, 17 U.S.C. 101, 18 U.S.C. 871, 876, 877, 1262, 1302, 1305, 1341, 1342, 1461, 1463, 1714-1718, 39 U.S.C. 501, 40004007, 4057, 4353.

SOURCE: The provisions of this Part 124 appear at 26 F.R. 11524, Dec. 6, 1961, unless otherwise noted. Redesignated at 31 F.R. 15350, Dec. 8, 1966. § 124.1

Introduction.

(a) Description. Nonmailable matter includes all matter which is by law, regulation, or treaty stipulation prohibited from being sent in the mail or which cannot be forwarded to its destination because of illegible, incorrect, or insufficient address.

(b) Applicability. The harmful or objectionable things identified or described in this part are some of the matter which may not be sent through the mail, as a matter of absolute prohibition. See Part 125 of this chapter for matter mailable only under special rules or conditions. Notwithstanding any statement contained in the regulations of this part, which covers only some of the items prohibited in the mail, the burden rests with the mailer to assure that he has complied with the law. In addition to other nonmailable items mentioned in this part, certain other articles are prohibited in the mail to military post offices overseas. See Part 127 of this chapter.

(c) Penalties for violation. Severe penalties, by fine or imprisonment, or both, are provided for persons who knowingly mail or cause to be mailed. any matter which has been declared nonmailable under law.

(d) Nonconformity with postal regulations. Regardless of its nature, matter may not be mailed in any form if done in violation of postal regulations for such reasons as failure to pay postage, improper size or weight, improper permits, improper addresses, etc.

(e) Responsibility of mailer. When mailers are in doubt as to whether any matter is properly mailable, they should ask the postmaster. Even though the Post Office Department has not expressly declared any matter to be nonmailable, the mailer of such matter may be held fully liable for violation of law if he does actually send nonmailable matter through the mail.

(a) General provisions of law. Any articles, compositions, or materials, which may kill or injure another, or injure the mail or other property, are nonmailable. This includes but is not limited to:

(1) All kinds of poison or matter containing poison.

(2) All poisonous animals, except scorpions (see § 125.3 (e) of this chapter), all poisonous insects, all poisonous reptiles, and all kinds of snakes.

(3) All disease germs or scabs.

(4) All explosives, inflammable material, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode.

(b) General examples of harmful matter. Harmful matter includes, among others, that which is likely to destroy, deface, or otherwise damage the contents of the mailbags or harm the person of anyone engaged in the Postal Service, such as caustic poisons (acids and alkalies), oxidizing materials, or highly flammable solids; or which are likely under conditions incident to transportation to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing; explosives or containers previously used for shipping high explosives having a liquid ingredient (such as dynamite), ammunition; fireworks; highly flammable liquids or substances; radioactive materials; matches; or articles exhaling a bad odor.

(c) Acceptability if properly packed. When authorized by the Postmaster General, various of the articles specified in this part as being nonmailable may be sent through the mail if they conform to special regulations as to preparation and packaging and if they are not outwardly dangerous, or of their own force dangerous or injurious to life, health, or property. See Part 125 of this chapter.

(d) Radioactive matter. (1) Radioactive materials other than those described in § 125.2(d) of this chapter are nonmailable. Any package of radioactive matter bearing an Interstate Commerce Commission red or blue label as CLASS D POISON or which is marked to indicate that it contains radioactive matter in excess of the quantities listed in § 125.2(d) of this chapter is nonmailable. These labels are illustrated on the following page.

the presence of radioactive materials with a warning to keep out should be placed at the edge of the roped off area. The postmaster in cooperation with a postal inspector, if one is available, shall immediately request the assistance of qualified persons to check radiation hazards and to supervise salvage and decontamination. This assistance may be obtained from the sender, if he is nearby, or from one of the following:

(a) Local civil defense authorities. (b) Local health, fire or police department.

(c) Nearest office of U.S. Atomic Energy Commission. See § 124.2(d) (4). (d) Nearby scientific laboratory. (e) Nearby military installation.

(ii) When assistance from qualified personnel is delayed, those who were in the immediate area of the contaminated package shall wash thoroughly and make a complete change of clothes and remain isolated so as to prevent spread of the contamination until they have been examined by qualified persons. Exposed clothing and shoes should not be removed from the premises. A report of the incident shall be made to the postal inspector in charge.

(iii) When the incident has been appraised by competent radiological specialists, the postmaster should ascertain the need for medical attention to exposed employees. Injury reports are to be treated like other occupational injuries.

§ 124.3 Intoxicating liquors.

(a) Spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind containing more than 3.2 percent of alcohol by weight.

(b) Intoxicating liquors containing not more than 3.2 percent of alcohol by weight when addressed to a Territory or district of the United States, the laws of which prohibit the manufacture or sale therein of alcoholic beverages of that content.

(c) Beer, lager beer, ale, porter, wine or other liquors, regardless of alcoholic content, when mailed to Indian wards anywhere or into any Indian reservation. § 124.4 Obscene and indecent matter.

(a) Lewd or filthy matter. Obscene, lewd, lascivious, or filthy publications or writings, or mail containing information concerning where, how, or from whom

(a) Lotteries. (1) Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part on lot or chance.

(2) Any lottery ticket or part thereof or substitute.

(3) Any form of payment for a lottery ticket or share.

(4) Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of a lottery or similar enterprise, or any list of prizes awarded in such an enterprise.

(b) Fishing contest exception. Paragraph (a) does not apply to any fishing contest not conducted for profit wherein prizes are awarded for the species, size, weight, or quality of fish caught by contestants in any bona fide fishing or recreational event.

(c) Fraudulent enterprises. Anything mailed in pursuance of any scheme for obtaining money or property of any kind through the mail, by means of false or fraudulent pretenses, representations, or promises.

(d) Fictitious matter. Any matter addressed to a person using any fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on or assisting therein, through the mail, any business scheme or device in violation of law. The recipient must appear at the post office of receipt and be identified. If the addressee fails to appear and be identified, after notification, or if the fictitious character of such mail is established to the satisfaction of the Postmaster General, it is forIwarded to the dead letter office as fictitious matter or otherwise disposed of as the Postmaster General directs.

(e) Libelous matter. Any matter otherwise mailable which has on its outside wrapper or envelope, or any postal card or post card carrying on it:

(1) Any libelous, scurrilous, defamatory, or threatening language, whether written or printed, or which by its manner or style of display is obviously intended to reflect injuriously on the character or conduct of another; or

(2) Any language asking for payment of a bill, which by its manner or style of

display is defamatory and reflects injuriously on the character of addressee.

(f) Solicitations in the guise of bills or statements of account. Any matter otherwise legally acceptable in the mails which could reasonably be considered a bill, invoice, or statement of account due, but is in fact a solicitation for an order, is nonmailable unless such matter conforms to the following requirements:

(1) Each solicitation subject to 39 United States Code 4001(c) shall prominently display the following prescribed notice:

THIS IS A SOLICITATION FOR THE ORDER OF GOODS AND/OR SERVICES AND NOT A BILL, INVOICE, OR STATEMENT OF ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKE ANY PAYMENTS ON ACCOUNT OF THIS OFFER UNLESS YOU ACCEPT THIS OFFER.

(2) The prescribed notice shall be printed on the face of the solicitation.

(i) In a size not smaller than the type size used for printing any other word on the solicitation nor under any circumstances shall it be less than 12 point type.

(ii) In no less conspicuous type than the boldest type used to print other words on the solicitation.

(3) The background on which the prescribed notice is printed shall not diminish the contrast between the background and the printing so that it is less than the contrast between the background and the printing of any other words on the face of the solicitation.

(4) There shall be a clear space no less than one-quarter of an inch surrounding the prescribed notice.

(5) The prescribed notice shall be printed in boldface type capital letters.

(6) In the case of a solicitation for the order of goods not involving services the following may be omitted from the prescribed notice: "And/or services". Similarly, in the case of a solicitation for the order of services not involving goods the following may be omitted from the prescribed notice: "Goods and/or".

(7) No solicitation shall state that it has been approved by the Post Office Department or by the Postmaster General or that it conforms to any Federal law or regulations issued thereunder.

(5 U.S.C. 301; 39 U.S.C. 501, 4001 (c); sec. 118 of Public Law 90-206) [26 F.R. 11524, Dec. 6, 1961, as amended at 33 F.R. 4512, Mar. 14, 1968. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

(a) Matter addressed to foreign countries, posted in violation of law or treaty stipulations.

(b) Matter of any kind giving or offering to give information concerning procurement of a divorce in a foreign country and designed to solicit business in connection with such procurement. § 124.9 Opinions on mailability.

(a) When in doubt as to the mailability of any matter described in §§ 124.2, 124.3, and §§ 125.2, 125.3, and 125.4 of this chapter, the postmaster shall submit a sample or a complete statement of the facts to the Classification and Special Services Division, Bureau of Operations, and await instructions.

(b) Postmasters and other employees at post offices shall not give opinions to the public concerning the mailability of matter under §§ 124.4, 124.5, 124.6, 124.7, 124.8 and §§ 125.5, 125.6 of this chapter. When in doubt as to the mailability of any such matter, the postmaster shall withhold it from dispatch or delivery, and shall send a sample or a complete statement of the facts to the Mailability Division, Office of the General Counsel, for instructions. Newspaper containing doubtful matter should be promptly reported to the Mailability Division, Office of the General Counsel, but they should not be withheld from dispatch without specific instructions.

Sec. 125.6 125.7

125.8 125.9

Switchblade knives.

Identification and marking.

Airmail.

Notice of delivery of rifles, shotguns, and other mailable firearms.

AUTHORITY: The provisions of this Part 125 issued under R.S. 161, as amended, sec. 1, 62 Stat. 781, as amended; 5 U.S.C. 301, 18 U.S.C. 1715, 1716, 39 U.S.C. 501, 4001, 4002, 4058, 4105. § 125.1 Legal restrictions.

(a) Harmful matter. (1) Certain items barred from the mail, as set forth in Part 124, may be mailed if prepared and packaged in accordance with this part. These are items not outwardly or of their own force dangerous or injurious to life, health or property.

(2) This part covers generally some of the more common situations, however, the burden rests with the mailer to assure that he has complied with the law and that anything shipped by him has been properly prepared and packaged. The ordinary test of adequate preparation and packaging is whether the contents of a parcel are safely preserved under ordinary hazards of mail handling and transportation.

(3) Products, materials and devices are created or modified with such frequency that the Post Office Department is unable to issue general rulings in advance to govern adequate preparation and packaging. Any mailer may, however, request the Post Office Department, in advance, for a specific ruling as to mailability of his item. The request should be addressed to the local postmaster, who will forward it to the Bureau of Operations, Classification and Special Services Division, Washington, D.C., 20260.

(b) Applicability of other laws. (1) Although not unmailable, as defined in Part 124 of this chapter, certain other items may be mailed only if they comply with applicable Federal laws and regulations.

(2) Any special conditions or limitations placed on transportation or movement of certain things shall govern admissibility to the U.S. mail, when imposed under law by the U.S. Department of the Treasury; U.S. Department of Agriculture; U.S. Department of Commerce; U.S. Department of Health, Education, and Welfare; Interstate Commerce Commission; or any other Federal department or agency having legal jurisdiction.