18 U.S.C. § 1716D — Nonmailable injurious animals, plant

Page 431 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1716D EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–570 effective 30 days after Oct. 27, 1986, see section 10004 of Pub. L. 99–570, set out as an Effective Date note under section 1245 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–191, § 3, Dec. 15, 1971, 85 Stat. 647, provided that: ‘‘The amendments made by this Act [amending this section and section 3001 of Title 39, Postal Service] shall become effective at the beginning of the third cal- endar month following the date of enactment of this Act [Dec. 15, 1971] or on the date section 3001 of title 39, United States Code, becomes effective [July 1, 1971] pursuant to section 15(a) of Public Law 91–375 [set out as an Effective Date note preceding section 101 of title 39], whichever is the later.’’ EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–623 effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as an Effective Date note under section 1241 of Title 15, Commerce and Trade. HAZARDOUS SUBSTANCES Federal Hazardous Substances Act as not modifying this section, see Pub. L. 86–613, § 17, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade. § 1716A. Nonmailable locksmithing devices and motor vehicle master keys (a) Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any mat- ter declared to be nonmailable by section 3002 of title 39, shall be fined under this title or impris- oned not more than one year, or both. (b) Whoever knowingly deposits for mailing or delivery, causes to be delivered by mail, or causes to be delivered by any interstate mailing or delivery other than by the United States Postal Service, any matter declared to be non- mailable by section 3002a of title 39, shall be fined under this title, imprisoned not more than one year, or both. (Added Pub. L. 90–560, § 2(1), Oct. 12, 1968, 82 Stat. 997; amended Pub. L. 91–375, Aug. 12, 1970, § 6(j)(26), 84 Stat. 780; Pub. L. 100–690, title VII, § 7090(c), Nov. 18, 1988, 102 Stat. 4410; Pub. L. 101–647, title XXXV, § 3551, Nov. 29, 1990, 104 Stat. 4926.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647 substituted ‘‘shall be fined under this title or’’ for ‘‘shall be under this title’’. 1988—Pub. L. 100–690 inserted ‘‘locksmithing devices and’’ in section catchline, designated existing provi- sions as subsec. (a), substituted ‘‘under this title’’ for ‘‘fined not more than $1,000, or’’, and added subsec. (b). 1970—Pub. L. 91–375 substituted ‘‘section 3002’’ for ‘‘section 4010’’ of title 39. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. EFFECTIVE DATE Pub. L. 90–560, § 3, Oct. 12, 1968, 82 Stat. 997, provided that: ‘‘The amendments made by the first section and section 2 of this Act [enacting this section and section 4010 of former Title 39, The Postal Service] shall be- come effective on the sixtieth day after the date of en- actment of this Act [Oct. 12, 1968].’’ § 1716B. Nonmailable plants Whoever knowingly deposits for mailing or de- livery, 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, unless in accordance with the rules and regu- lations 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. (Added Pub. L. 100–574, § 1(b)(1), Oct. 31, 1988, 102 Stat. 2893.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 31, 1989, see section 4 of Pub. L. 100–574, set out as a note under section 3014 of Title 39, Postal Service. § 1716C. Forged agricultural certifications Whoever forges or counterfeits any certifi- cation authorized under any rules or regulations prescribed under section 3014(c) of title 39 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 author- ized, or device for imprinting any such certifi- cation, shall be fined under this title, or impris- oned not more than one year, or both. (Added Pub. L. 100–574, § 2(a), Oct. 31, 1988, 102 Stat. 2893.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 31, 1989, see section 4 of Pub. L. 100–574, set out as a note under section 3014 of Title 39, Postal Service. § 1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken fish, wild- life, 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 deliv- ered by the person to whom it is addressed, any- thing that section 3015 of title 39 declares to be nonmailable matter shall be fined under this title, imprisoned not more than 1 year, or both. Page 432 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1716E 1 See References in Text note below. (Added Pub. L. 103–322, title XXXII, § 320108(b)(1), Sept. 13, 1994, 108 Stat. 2113.) § 1716E. Tobacco products as nonmailable (a) PROHIBITION.— (1) IN GENERAL.—All cigarettes and smoke- less tobacco (as those terms are defined in sec- tion 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are non- mailable and shall not be deposited in or car- ried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph. (2) REASONABLE CAUSE.—For the purposes of this subsection reasonable cause includes— (A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or (B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act. (b) EXCEPTIONS.— (1) CIGARS.—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the In- ternal Revenue Code of 1986). (2) GEOGRAPHIC EXCEPTION.—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii. (3) BUSINESS PURPOSES.— (A) IN GENERAL.—Subsection (a) shall not apply to tobacco products mailed only— (i) for business purposes between legally operating businesses that have all applica- ble State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, inves- tigation, or research; or (ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government. (B) RULES.— (i) IN GENERAL.—Not later than 180 days after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue a final rule which shall establish the standards and re- quirements that apply to all mailings de- scribed in subparagraph (A). (ii) CONTENTS.—The final rule issued under clause (i) shall require— (I) the United States Postal Service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is a business or government agency permitted to make a mailing under this paragraph; (II) the United States Postal Service to ensure that any recipient of an otherwise nonmailable tobacco product sent through the mails under this paragraph is a business or government agency that may lawfully receive the product; (III) that any mailing described in sub- paragraph (A) shall be sent through the systems of the United States Postal Service that provide for the tracking and confirmation of the delivery; (IV) that the identity of the business or government entity submitting the mailing containing otherwise non- mailable tobacco products for delivery and the identity of the business or gov- ernment entity receiving the mailing are clearly set forth on the package; (V) the United States Postal Service to maintain identifying information de- scribed in subclause (IV) during the 3- year period beginning on the date of the mailing and make the information avail- able to the Postal Service, the Attorney General of the United States, and to per- sons eligible to bring enforcement ac- tions under section 3(d) 1 of the Prevent All Cigarette Trafficking Act of 2009; (VI) that any mailing described in sub- paragraph (A) be marked with a United States Postal Service label or marking that makes it clear to employees of the United States Postal Service that it is a permitted mailing of otherwise non- mailable tobacco products that may be delivered only to a permitted govern- ment agency or business and may not be delivered to any residence or individual person; and (VII) that any mailing described in subparagraph (A) be delivered only to a verified employee of the recipient busi- ness or government agency, who is not a minor and who shall be required to sign for the mailing. (C) DEFINITION.—In this paragraph, the term ‘‘minor’’ means an individual who is less than the minimum age required for the legal sale or purchase of tobacco products as determined by applicable law at the place the individual is located. (4) CERTAIN INDIVIDUALS.— (A) IN GENERAL.—Subsection (a) shall not apply to tobacco products mailed by individ- uals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the man- ufacturer. (B) RULES.— (i) IN GENERAL.—Not later than 180 days after the date of enactment of the Prevent All Cigarette Trafficking Act of 2009, the Postmaster General shall issue a final rule which shall establish the standards and re- quirements that apply to all mailings de- scribed in subparagraph (A). (ii) CONTENTS.—The final rule issued under clause (i) shall require— (I) the United States Postal Service to verify that any person submitting an otherwise nonmailable tobacco product into the mails as authorized under this paragraph is the individual identified on the return address label of the package and is not a minor;