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 General Act of 1978 (5 U.S.C. App.)’’ for ‘‘the Board shall transmit such report to the Congress’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 107(c) of Pub. L. 106–168 effec- tive 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title. Pub. L. 106–168, title I, § 110(b)(2), (3), Dec. 12, 1999, 113 Stat. 1817, provided that: ‘‘(2) EFFECTIVE DATE.—This subsection [amending this section] shall take effect on the date of the enactment of this Act [Dec. 12, 1999], and the amendments made by this subsection shall apply with respect to semiannual reporting periods beginning on or after such date of en- actment. ‘‘(3) SAVINGS PROVISION.—For purposes of any semi- annual reporting period preceding the first semiannual reporting period referred to in paragraph (2), the provi- sions of title 39, United States Code, shall continue to apply as if the amendments made by this subsection had not been enacted.’’ § 3014. Nonmailable plants (a)(1) Whenever the Secretary of Agriculture establishes a quarantine under section 8 of the Plant Quarantine Act, prohibiting the transpor- tation 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 para- graph (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 con- siders 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 inspec- tion, 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 Agri- culture 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 1 (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 de- fined by section 6 of the Plant Quarantine Act),1 and any other article or matter which is capable of carrying any dangerous plant dis- ease or pest. (Added Pub. L. 100–574, § 1(a)(1), Oct. 31, 1988, 102 Stat. 2892.) Editorial Notes REFERENCES IN TEXT The Act of Aug. 20, 1912, referred to in subsec. (d), is act Aug. 20, 1912, ch. 308, 37 Stat. 315, commonly known as the Plant Quarantine Act, which was classified gen- erally to chapter 8 (§ 151 et seq.) of Title 7, Agriculture, prior to repeal by Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454. Sections 6 and 8 of the Plant Quarantine Act, referred to in subsecs. (a)(1), (c), and (d)(2), were classified to sections 152 and 161, respec- tively, of Title 7. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–574, § 4, Oct. 31, 1988, 102 Stat. 2894, pro- vided that: ‘‘(a) IN GENERAL.—This Act and the amendments made by this Act [enacting this section and sections 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 nonmailable matter. (Added Pub. L. 102–393, title VI, § 631(d)(1), Oct. 6, 1992, 106 Stat. 1776.) Editorial Notes REFERENCES IN TEXT Sections 103 and 104 of the Federal Plant Pest Act (7 U.S.C. 150bb, 150cc), referred to in subsec. (b), were re- pealed by Pub. L. 106–224, title IV, § 438(a)(2), June 20, 2000, 114 Stat. 454. The Plant Quarantine Act, referred to in subsec. (c), is act Aug. 20, 1912, ch. 308, 37 Stat. 315, which was clas- sified generally to chapter 8 (§ 151 et seq.) of Title 7, Ag- riculture, prior to repeal by Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454. For complete clas- sification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 102–393, title VI, § 631(e), Oct. 6, 1992, 106 Stat. 1776, provided that: ‘‘This section [enacting this section and provisions set out below] may be cited as the ‘Alien Species Prevention and Enforcement Act of 1992’.’’ ALIEN SPECIES PREVENTION AND ENFORCEMENT IN HAWAII Pub. L. 102–393, title VI, § 631(a)–(c), Oct. 6, 1992, 106 Stat. 1774, 1776, provided that: ‘‘(a) PESTS IN THE MAILS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Sec- retary of Agriculture shall hereafter operate a pro- gram, under terms and conditions acceptable to the Postal Service, to protect Hawaii from the introduc- tion of prohibited plants, plant pests, and injurious animals that may be contained in mail received in Hawaii, except that this subsection shall not apply to mail that originates and is intended for delivery out- side the United States. ‘‘(2) MEMORANDUM OF UNDERSTANDING.—For the pur- pose of carrying out the program operated under paragraph (1), the Secretary of Agriculture shall enter into a memorandum of understanding or other agreement with the Secretary of the Interior relating to prohibited plants, plant pests, or injurious animals under the jurisdiction of the Department of the Inte- rior. ‘‘(3) REMEDIAL ACTION.—If, pursuant to the program, mail is found to contain a prohibited plant, plant pest, or injurious animal, the Secretary shall— ‘‘(A) make a record of the prohibited plant, plant pest, or injurious animal found in the mail; ‘‘(B) take appropriate action to prevent the intro- duction of the prohibited material into Hawaii; and ‘‘(C) determine whether the facts and cir- cumstances warrant seeking prosecution under a law prohibiting the conveyance of a plant, plant pest, or injurious animal. ‘‘(4) DEFINITIONS.—As used in this subsection: ‘‘(A) INJURIOUS ANIMAL.—The term ‘injurious ani- mal’ means an animal the importation or interstate shipment of which is prohibited by section 42 of title 18, United States Code. ‘‘(B) PLANT.—The term ‘plant’ means a plant from any class of plants, or any other article or matter, the importation or interstate shipment of which is prohibited under 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’). ‘‘(C) PLANT PEST.—The term ‘plant pest’ means any organism or substance the importation or interstate shipment of which is prohibited under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.). ‘‘(b) COOPERATIVE AGREEMENTS WITH HAWAII TO EN- FORCE CERTAIN AGRICULTURAL QUARANTINE LAWS.— ‘‘(1) AGREEMENT BETWEEN SECRETARY OF AGRI- CULTURE AND HAWAII.— ‘‘(A) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Oct. 6, 1992], the Sec- retary of Agriculture shall offer to enter into a co- operative agreement with the State of Hawaii for a 2-year period to enforce in the State— ‘‘(i) 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’); ‘‘(ii) the Federal Plant Pest Act (7 U.S.C. 150aa et seq.); and ‘‘(iii) the matter under the heading ‘ENFORCE- MENT OF THE PLANT-QUARANTINE ACT:’ of the Act of March 4, 1915 (38 Stat. 1113; 7 U.S.C. 166 [7760]) (commonly known as the ‘Terminal Inspection Act’). ‘‘(B) INSPECTION OF PLANTS AND PLANT PROD- UCTS.—The cooperative agreement shall establish a specific procedure for the submission and approval of the names of plants and plant products that the State of Hawaii elects to inspect under the provi- sion of law referred to in subparagraph (A)(iii). ‘‘(C) AUTHORITY.—The Secretary shall carry out this paragraph under the authority provided by— ‘‘(i) section 102 of the Department of Agri- culture Organic Act of 1944 (7 U.S.C. 147a); ‘‘(ii) section 3 of the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 U.S.C. 114); and ‘‘(iii) section 11 of the Department of Agri- culture Organic Act of 1956 (7 U.S.C. 114a) [prob- ably means section 11 of act May 29, 1884, as added by the Department of Agriculture Organic Act of 1944, which is classified to 21 U.S.C. 114a]. ‘‘(2) AGREEMENT BETWEEN SECRETARY OF THE INTE- RIOR AND HAWAII.— ‘‘(A) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Oct. 6, 1992], the Sec- retary of the Interior shall offer to enter into a co-