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

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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Source location: Title 39, Chapter 30, § 3015; chapter-030-nonmailable-matter.md

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

16 U.S.C. § 3371 — Definitions

For the purposes of this chapter: **(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction. **(b)** The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof. **(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. **(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim). **(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants. **(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. **(g) Plant.—** (1) **In general.—** — The terms “p

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

18 U.S.C. § 42 — Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

**(a)** (1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called “flying foxes” or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the quagga mussel of the species Dreissena rostriformis or Dreissena bugensis; of the bighead carp of the species Hypophthalmichthys nobilis; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,11 See References in Text note below. insofar as such importation is subject to regulation under that Act. (2) As used in this subsection, the term “wild” relates to any cr

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

16 U.S.C. § 3372 — Prohibited acts

**(a) Offenses other than marking offenses** It is unlawful for any person— (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law; (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce— (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law; or (B) any plant— (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates— (I) the theft of plants; (II) the taking of plants from a park, forest reserve, or other officially protected area; (III) the taking of plants from an officially designated area; or (IV) the taking of plants without, or contrary to, required authorization; (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; (3) within the special maritime and territorial jurisdiction of the United States (as defined in [section 7 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim))— (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any

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

16 U.S.C. § 742 — Omitted

### Statutory Notes #### Codification Section, acts Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1436; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, provided for an acting Commissioner of Fisheries. #### Transfer of Functions Reorg. Plan No. II of 1939, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees, transferred Bureau of Fisheries in Department of Commerce and its functions, and Bureau of Biological Survey in Department of Agriculture and its functions, to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior. Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, consolidated Bureau of Fisheries and Bureau of Biological Survey into one agency in Department of the Interior to be known as the Fish and Wildlife Service. It was further provided that functions of consolidated agency should be administered under direction and supervision of Secretary of the Interior by a director and assistants, and that offices of Commissioner and Deputy Commissioner of Fisheries and offices of Chief and Associate Chief of Bureau of Biological Survey should be abolished and their functions transferred to consolidated agency. The Fish and Wildlife Service, created by Reorg. Plan No. III of 1940 was succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1119. See [section 742b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section742b&num=0&edition=prelim). #### Ex. Ord. No. 9634. Establishment of Fishery Conservation Zones Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 123

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

7 U.S.C. § 166 — Transferred

### Statutory Notes #### Codification Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1113, as amended, which related to transmission by the Postal Service of packages containing plants or plant products for States inspection, was transferred to [section 7760 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7760&num=0&edition=prelim).

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

18 U.S.C. § 1716D — Nonmailable injurious animals, plant pests, plants, and illegally taken fish, wildlife, and plants

A person who 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 that [section 3015 of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3015&num=0&edition=prelim) declares to be nonmailable matter shall be fined under this title, imprisoned not more than 1 year, or both.

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

7 U.S.C. § 8505 — Treatment of brown tree snakes as nonmailable matter

A brown tree snake constitutes nonmailable matter under [section 3015 of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3015&num=0&edition=prelim).

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

16 U.S.C. § 3372 — Prohibited acts

Page 2287 TITLE 16—CONSERVATION § 3372 date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–243, § 1, Dec. 20, 2022, 136 Stat. 2336, pro- vided that: ‘‘This Act [amending this section, sections 3372 to 3374 and 3376 of this title, and section 1997 of Title 7, Agriculture] may be cited as the ‘Big Cat Pub- lic Safety Act’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–191, § 1, Dec. 19, 2003, 117 Stat. 2871, pro- vided that: ‘‘This Act [amending this section and sec- tion 3372 of this title and enacting provisions set out as a note under section 3372 of this title] may be cited as the ‘Captive Wildlife Safety Act’.’’ SHORT TITLE Pub. L. 97–79, § 1, Nov. 16, 1981, 95 Stat. 1073, provided: ‘‘That this Act [enacting this chapter, amending sec- tion 1540 of this title and section 42 of Title 18, Crimes and Criminal Procedure, repealing sections 667e and 851 to 856 of this title and sections 43, 44, 3054, and 3112 of Title 18, and enacting provisions set out as a note under section 1540 of this title] may be cited as the ‘Lacey Act Amendments of 1981’.’’ § 3372. Prohibited acts (a) Offenses other than marking offenses It is unlawful for any person— (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law; (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce— (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in

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

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

Page 80 TITLE 39—POSTAL SERVICE § 3015 1 See References in Text note below. 1716B and 1716C of Title 18, Crimes and Criminal Proce- dure] shall become effective on the earlier of— ‘‘(1) the 366th day after the date of the enactment of this Act [Oct. 31, 1988]; or ‘‘(2) the first date as of which all rules and regula- tions required to be prescribed under the amendments made by this Act have first been published in the Federal Register. [For publication of regulations, see 54 F.R. 49978, Dec. 4, 1989.] ‘‘(b) REGULATIONS.—Nothing in this section shall pre- vent the United States Postal Service from taking any action which may be necessary to prepare and issue, as soon as possible after the date of the enactment of this Act, any rules and regulations which the Postal Service is required to prescribe under any of the amendments made by this Act.’’ § 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, constitutes nonmailable matter. (b) PLANT PESTS.—Any plant pest, the move- ment of which is prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act (7 U.S.C. 150bb or 150cc),1 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 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 con- veyance of which is prohibited pursuant to sec- tion 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372), constitutes nonmailab

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