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39 U.S.C. § 3014 — Nonmailable plants

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3014 — Nonmailable plants

**(a)** (1) Whenever the Secretary of Agriculture establishes a quarantine under section 8 of the Plant Quarantine Act, prohibiting the transportation by common carrier of any plant from any State or other geographic area, the Secretary shall give notice of the establishment of such quarantine to the Postal Service in writing. (2) Upon receiving any such notice under paragraph (1), the Postal Service shall ensure that copies of such notice are prominently displayed at post offices located within each State or area covered by the quarantine, and shall take any other measures which the Postal Service considers necessary in order to inform the public both of the establishment of such quarantine and of relevant provisions of this section and sections 1716B and 1716C of title 18 in connection therewith. **(b)** Any plant, the transportation of which by common carrier from any State or other area is prohibited or restricted under any quarantine referred to in subsection (a), is nonmailable matter, and may not be accepted by the Postal Service or conveyed in the mails, if the matter involved is tendered for transmission through the mails from such State or area or if such matter first enters the mails within such State or area. **(c)** The Postal Service shall, after consultation with the Secretary of Agriculture, prescribe rules and regulations permitting the mailing of a plant, and otherwise making subsection (b) of this section inapplicable with respect to such plant, if the method or manner of mailing such plant would be consistent with the procedures set forth in the rules and regulations prescribed under the fourth sentence of section 8 of the Plant Quarantine Act (relating to the inspection, disinfection, and certification of, and other conditions for, the delivery

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Source location: Title 39, Chapter 30, § 3014; chapter-030-nonmailable-matter.md

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**(a)** (1) Whenever the Secretary of Agriculture establishes a quarantine under section 8 of the Plant Quarantine Act, prohibiting the transportation by common carrier of any plant from any State or other geographic area, the Secretary shall give notice of the establishment of such quarantine to the Postal Service in writing. (2) Upon receiving any such notice under paragraph (1), the Postal Service shall ensure that copies of such notice are prominently displayed at post offices located within each State or area covered by the quarantine, and shall take any other measures which the Postal Service considers necessary in order to inform the public both of the establishment of such quarantine and of relevant provisions of this section and sections 1716B and 1716C of title 18 in connection therewith. **(b)** Any plant, the transportation of which by common carrier from any State or other area is prohibited or restricted under any quarantine referred to in subsection (a), is nonmailable matter, and may not be accepted by the Postal Service or conveyed in the mails, if the matter involved is tendered for transmission through the mails from such State or area or if such matter first enters the mails within such State or area. **(c)** The Postal Service shall, after consultation with the Secretary of Agriculture, prescribe rules and regulations permitting the mailing of a plant, and otherwise making subsection (b) of this section inapplicable with respect to such plant, if the method or manner of mailing such plant would be consistent with the procedures set forth in the rules and regulations prescribed under the fourth sentence of section 8 of the Plant Quarantine Act (relating to the inspection, disinfection, and certification of, and other conditions for, the delivery and shipment of plants otherwise subject to quarantine). **(d)** For the purposes of this section— (1) “Plant Quarantine Act” means the Act entitled “An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes”, enacted August 20, 1912 11 See References in Text note below. (37 Stat. 315 et seq.); and (2) “plant” means any class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products, any class of nursery stock (as defined by section 6 of the Plant Quarantine Act),1 and any other article or matter which is capable of carrying any dangerous plant disease or pest.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1716B — Nonmailable plants

Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by [section 3014(b) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3014/b&num=0&edition=prelim), unless in accordance with the rules and regulations prescribed by the Postal Service under section 3014(c) of such title, shall be fined under this title, or imprisoned not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1716C — Forged agricultural certifications

Whoever forges or counterfeits any certification authorized under any rules or regulations prescribed under [section 3014(c) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3014/c&num=0&edition=prelim) with intent to make it appear that such is a genuine certification, or makes or knowingly uses or sells, or possesses with intent to use or sell, any forged or counterfeited certification so authorized, or device for imprinting any such certification, shall be fined under this title, or imprisoned not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3015 — Nonmailable plant pests and injurious animals

**(a) Injurious Animals.—** Any injurious animal, the importation or interstate shipment of which is prohibited pursuant to [section 42 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section42&num=0&edition=prelim), constitutes nonmailable matter. **(b) Plant Pests.—** Any plant pest, the movement of which is prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act ([7 U.S.C. 150bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section150bb&num=0&edition=prelim) or 150cc),11 See References in Text note below. constitutes nonmailable matter. **(c) Plants.—** Any plant, article, or matter, the importation or interstate shipment of which is prohibited pursuant to the Act of August 20, 1912 (37 Stat. 315, chapter 308; [7 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section151&num=0&edition=prelim) et seq.) (commonly known as the “Plant Quarantine Act”),1 constitutes nonmailable matter. **(d) Illegally Taken Fish, Wildlife, or Plants.—** Any fish, wildlife, or plant, the conveyance of which is prohibited pursuant to section 3 of the Lacey Act Amendments of 1981 ([16 U.S.C. 3372](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim)), constitutes nonmailable matter.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3014 — Nonmailable plants

Page 79 TITLE 39—POSTAL SERVICE § 3014 1 See References in Text note below. Inspector General under section 405 of title 5 for the same reporting period. Nothing in this sec- tion shall be considered to permit or require that any report by the Postmaster General under this section include any information re- lating to activities of the Inspector General. (Added Pub. L. 98–186, § 3(a), Nov. 30, 1983, 97 Stat. 1317; amended Pub. L. 104–66, title II, § 2211(b), Dec. 21, 1995, 109 Stat. 733; Pub. L. 106–168, title I, §§ 107(c), 110(b)(1), Dec. 12, 1999, 113 Stat. 1813, 1817; Pub. L. 117–286, § 4(b)(69), Dec. 27, 2022, 136 Stat. 4350.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘section 405 of title 5’’ for ‘‘section 5 of the Inspector General Act of 1978’’ in concluding provisions. 1999—Pub. L. 106–168, § 110(b)(1), in introductory provi- sions, substituted ‘‘Inspector General’’ for ‘‘Board’’ and ‘‘1 month (or such shorter length of time as the Inspec- tor General may specify)’’ for ‘‘sixty days’’ and sub- stituted concluding provisions for former concluding provisions which read as follows: ‘‘Upon approval of a report submitted under the first sentence of this sec- tion, the information in such report shall be included in the next semiannual report required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).’’ Par. (5). Pub. L. 106–168, § 107(c), added par. (5). Former par. (5) redesignated (6). Par. (6). Pub. L. 106–168, § 110(b)(1)(A), substituted ‘‘In- spector General’’ for ‘‘Board’’. Pub. L. 106–168, § 107(c), redesignated par. (5) as (6). 1995—Pub. L. 104–66 substituted at end ‘‘the informa- tion in such report shall be included in the next semi- annual report required under section 5 of the Inspector Genera

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