(a) Time factor. Mailable harmless live animals (see paragraph (c) of this section), perishable foods, and game (see paragraph (g) of this section) may not be sent through the mail unless transit time under ordinary conditions would be sufficient for them to reach their destination in good condition. Perishable foods may be shipped at the mailer's risk, provided they are not subject to rapid decay and the generating of obnoxious odors. Airmail, special handling, or special delivery services are recommended.

(b) Highly perishable food and game. (1) Crates, boxes, baskets, or other containers used to ship highly perishable goods should be so constructed as to protect the contents and to prevent their escape.

(2) Berries, fruits and vegetables are not mailable unless presented in dry condition.

(3) Water ice used as a refrigerant must be packed as though it were a liquid, in accordance with § 125.2(b). Dry ice (carbon dioxide solid) is acceptable when wrapped securely in heavy paper. Dry ice must not be packed in glass, metal or other air-tight containers. Sufficient insulation is necessary if a fiberboard box is used, in order to prevent condensation and wetting of the shipping carton.

(c) Live animals. (1) Live day-old poultry-Live day-old chicks, ducks, geese, guinea fowl and turkeys are acceptable in the continental surface mails under the following conditions:

(i) They must be presented for mailing in the original unopened hatchery box from the hatchery of origin.

(ii) The date and hour of hatching must be noted on the box by a representative of the hatchery who has personal knowledge thereof (in the case of COD shipments made by a hatchery for the accounts of others the name or initials and address of the hatchery, or the post office box number and address of the hatchery shall be prominently shown in connection with this requirement).

(iii) They must not be over 24 hours old.

(iv) The box must be properly ventilated and of proper construction and strength to bear safe transmission in the mail. (These boxes may be stacked 10 high in cars.)

(v) They can be delivered to the addressee within 60 hours of the time of

hatching regardless of whether the addressee resides in town or on a rural or star route.

(vi) They must be mailed sufficiently early in the week to avoid receipt at the office of address, in case of missed connections, on a Sunday, national holiday or on the afternoon preceding a Sunday or holiday.

(vii) Shipments shall not be forwarded to the addressee from the office of original address nor returned to mailer if delivery cannot be made to either the addressee or sender within 60 hours of the time of hatching, but will be disposed of in accordance with § 158.2 (h) of this chapter. Shipments that are delayed beyond the 60-hour limit by washouts, snow blockades, wrecks, and the like, will be disposed of by postmasters in accordance with instructions in § 158.2 (h) of this chapter.

(viii) If a shipment is received at the office of address and it is not promptly accepted by the addressee, it will be held for delivery until the expiration of the 60-hour period from the time of hatching, if there is a possibility that delivery may be made within that period. If, at the expiration of the 60-hour period, the shipment has not been accepted, it will be sold. Such shipments will not be sold to the original addressee unless paid for in full. If the parcel is sent collect-on-delivery, the COD charges plus the money order fee will show the minimum amount which may be accepted from the addressee, which is the amount that would have been collected from the addressee had the parcel been accepted when originally offered for delivery. If the parcel is sent as ordinary or insured mail and the price is not known to the postmaster, the addressee will not be permitted to buy the chicks after refusing to accept them but the shipment will be disposed of in accordance with § 158.2 (h) of this chapter.

(ix) Boxes of day-old poultry of approximately the same size which are securely fastened together to prevent their becoming separated in transit may be accepted for mailing as a single parcel provided such parcel does not exceed 100 inches in length and girth combined.

(x) Day-old poultry originally shipped by air express or air cargo and then presented for mailing must be in first-class condition and be prepared in accordance with subparagraphs (1) through (5) of this paragraph. They must not be over 24 hours old at time of mailing.

(xi) The shipments must bear special delivery or special handling postage in addition to regular postage.

(xii) Day-old poultry vaccinated with Newcastle Disease (live virus) are nonmailable.

(xiii) Each box should bear, in addition to the address label on top, another address label on the side, or the narrow end, if the box is rectangular in shape, to eliminate unnecessary handling when boxes are stacked.

(2) Other animals-(i) Mailable. Small, harmless, cold-blooded animals (except snakes) which do not require food or water or attention during handling in the mail and which do not create sanitary problems or obnoxious odors are mailable. For example, the following are mailable: Baby alligators and cayman not exceeding approximately 20 inches in length, baby terrapin and baby turtles not exceeding approximately 21⁄2 inches in length, bloodworms, earthworms, mealworms, chameleons, frogs, toads, goldfish, hellgrammites, newts, salamanders, leeches, lizards, snails, and tadpoles. Animals mailed into the Trust Territory of the Pacific Islands are subject to permit issued by the Director of Agriculture of that territory.

(ii) Nonmailable. No warm blooded animals except day-old poultry are acceptable. The following are examples of animals which are not mailable: Hamsters, white mice, rats, guinea pigs, rabbits, kittens, puppies, snakes, chickens (see subdivision (i) of this subparagraph), flying squirrels, parakeets, canaries, and pigeons.

(d) Insects. (1) Queen bees and honey bees are acceptable in the continental surface mails, and queen bees only in airmail, when shipped in accordance with Federal and State regulations to assure that they are free of disease. Packages

of honey bees must bear special delivery or special handling postage.

(2) Other live, nonpoisonous and nondisease-conveying insects may be sent through the mail when properly prepared and packaged and when shipped in accordance with regulations of the U.S. Department of Agriculture. When such insects are mailed into the Trust Territory of the Pacific Islands, they are also subject to regulations of the Director of Agriculture of that territory. (e)

Live scorpions. Live scorpions which are to be used for purposes of medical research or for the manufacture of antivenin will be accepted in the con

tinental surface mail when packaged in a double mailing container, both parts of which are closed or fastened in such a manner as to prevent escape of the scorpions. The inner container shall be of material which cannot be punctured by the scorpions and shall be plainly marked "Live Scorpions". Cushioning material must be used when necessary to prevent shifting of the inner container. The outer container shall be of sufficient strength to prevent crushing of the package or exposure of the contents during normal handling in the mails, and also shall be plainly marked "Live Scorpions”. Packages containing live scorpions may not be sent by air.

(f) Meat and meat products—(1) Certificate required. Interstate shipments of meats and meat products may be sent through the mails only if they conform with regulations of the U.S. Department of Agriculture under Federal statutes. Each shipment must be accompanied with a certificate by the mailer unless the shipment shows on the outside the mark of Federal meat inspection in form of either a circular inspection legend or other domestic meat label. See subparagraph (2) of this paragraph. The mailer's certificate may be applied directly to the outside of the parcel, container or wrapper (in the case of volume shippers), or be submitted on Form 3583 filed at time of mailing. See subparagraph (3) of this paragraph.

(2) Mark of Federal Meat Inspection. Outside containers used to mail meat or meat products bearing either of the following marks of Federal Meat Inspection may be accepted without requiring a certificate.

certificate to the address side of each package of meat and meat products:

I certify that the meat or meat-food products described hereon, which are offered for mailing in interstate or foreign commerce, have been United States inspected and passed by Department of Agriculture, are so marked, and at this date are sound, healthful, wholesome, and fit for human food.

(Name of shipper)

(Address of shipper)

(ii) Mailers not preparing their shipments as provided in subparagraph (2) of this paragraph or in subdivision (i) of this subparagraph should use Form 3583. The form is designed for use by all other shippers of meat or meat food products subject to the inspection regulations of the U.S. Department of Agriculture. Three types of certificates are included in the form. The shipper must complete both sides of the form and submit it to the postmaster with each shipment.

(4) Disposition of Form 3585. Copies of Form 3583 with certificate 1 or 2 shall be mailed in a post office penalty envelope to Director, Meat Inspection Division, U.S. Department of Agriculture, Washington, D.C., 20250. Copies of Form 3583 having certificate 3 completed shall be mailed as follows:

Territory, district or foreign country or subdivision thereof in which killed or taken or offered for shipment. Mailing of fresh game is also subject to requirements of this section.

(h) Furs, hides, skins or pelts. Parcels containing furs, hides, skins or pelts of wild animals are mailable when properly dried or cured; have no offensive odor; and are plainly marked, labeled, or tagged on the outside with the names and addresses of the shipper and the addressee together with such other endorsement, if any, as may be required by the game laws of the State, Territory, or district in which mailed. Hides and pelts shall be wrapped when necessary to prevent damage to other mail.

[26 F.R. 11527, Dec. 6, 1961; 30 F.R. 13437, Oct. 22, 1965; 31 F.R. 15745, Dec. 14, 1966; 32 F.R. 13659, Sept. 29, 1967. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 125.4 Plant quarantines.

(a) Nursery shipments-(1) Nursery stock, etc. Nursery stock, including all field grown florists' stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots, may be admitted to the mails only when accompanied with a certificate from a State or Government inspector to the effect that the nursery or premises from which such stock is shipped has been inspected within a year and found free from injurious insects and plant diseases, and the parcel containing such stock is plainly marked to show the nature of the contents and the name and address of the sender.

The

(2) Preparation and packaging. wettable packing material and the roots or butts of the plants must be wrapped or boxed in a waterproof material heavy enough to withstand safe transmission in the mails without leakage or loss of packing material. The term "waterproof material" means a tar-centered paper or kraft paper waxed on one side or a kraft paper with a waxed or tarred paper liner or plastic wrap. If a box is used, it must have a similar lining to prevent leakage or loss of contents and to insure retaining a moisture content for the roots of plants without weakening the box. The tops of all bundles must be wrapped with a covering of paper, straw or similar material to protect the plant

from injury and drying out and if the plant has thorns or other pointed projections, the wrapper shall be punctureproof to avoid injury to postal employees handling such bundles.

(b) Plant quarantines applying to the continental United States. When any State or area is quarantined by order of the Secretary of Agriculture, under authority of the Plant Quarantine Act, or by an authorized State plant pest official cooperating with the Secretary of Agriculture, on account of a plant disease or insect infestation, the mailing of plants, plant products, or other articles covered by such quarantine or regulatory order from such State or area into or through any State or area is subject to the restrictions imposed by such order. A summary of these quarantines follows:

(1) Black Stem Rust. Federal Quarantine No. 38: (i) Prohibits movement of barberry, mahonia, and mahoberberis plants and parts thereof capable of propagation other than designated rustresistant plants, which may be moved by nurseries and dealers listed by the Director of Plant Pest Control Division, U.S. Department of Agriculture, as sources authorized to ship such plants (shippers may be required to present evidence or authorization to ship before shipments of these plants are accepted for mailing). Parts of mahonia plants without roots intended for decorative purposes are exempted from these requirements; (ii) prohibits movement of seeds and fruits of any barberry, mahonia, and mahoberberis from the other States and the District of Columbia into the eradication States of Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, except under special permit. Seeds and fruits of rust-resistant plants may be moved between the eradication States only when accompanied by permits issued specifically for such movement. There are no restrictions on the movement of seeds and fruits from the eradication States to points outside thereof or between points entirely outside the eradication States.

(2) Gypsy moth and brown-tail moth. Federal Quarantine No. 45: Prohibits, except when accompanied by a Federal certificate or permit or when exempted by administrative instructions, the move

ment to any point outside the regulated areas, or from the generally infested area to points in the suppressive area of: (i) Timber and timber products; (ii) plants having persistent woody stems, and parts thereof, including Christmas trees; (iii) stone and quarry products; and (iv) any other commodities or articles when found on inspection to be infested with gypsy or brown-tail moths. The regulated areas include the entire States of Connecticut, Massachusetts, and Rhode Island, and parts of Maine, New Hampshire, New York, and Vermont. The suppressive area includes parts of the regulated area in New York.

(3) Japanese beetle. Federal Quarantine No. 48: Prohibits, except when accompanied by Federal certificates or permits or when exempted from certification by administrative instructions, the movement from the regulated areas of: (i) Soil, humus, compost, and decomposed manure; (ii) nursery stock; and (iii) fresh fruits and vegetables from seasonally designated areas during part of the year, when shipped by truck or in carload lots. The regulated areas include the District of Columbia, the entire States of Connecticut, Delaware, Indiana, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia, and parts of the States of Georgia, Kentucky, Maine, Ohio, and South Carolina.

(4) Pink bollworm. Federal Quarantine No. 52: Prohibits, except when accompanied by a Federal certificate or permit or when exempted from certification by administrative instructions, the movements from the regulated areas of: (i) Gin trash and cotton waste from gins and mills; (ii) cotton and wild cotton plants and products thereof, including seed cotton, cottonseed, cotton lint, linters, and all other forms of unmanufactured cotton fiber, cottonseed hulls, cake, and meal, and all other parts of such plants; (iii) okra plants including seed and edible and dry pods; and (iv) when infested with pink bollworms or contaminated with regulated cotton products, bagging and other containers of cotton, and farm products, farm household goods, and farm equipment. The regulated areas include the entire States of New Mexico, Oklahoma, and Texas, and parts of the States of Arizona, Arkansas, and Louisiana.

(5) White-pine blister rust. Federal Quarantine No. 63: Prohibits (1) the movement of five-leaved pines into the States of Arizona, Colorado, Nevada, New Mexico, Utah, and that part of California comprising the counties of Contra Costa, Mariposa, Mono, San Francisco, San Joaquin, Stanislaus, and all those south thereof unless originating in such areas, except when intended for reforestation purposes; (ii) the movement of European black currant plants (Ribes nigrum) into the District of Columbia and all States except Alabama, Arkansas, Florida, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Texas; (iii) the movement of all currant and goosebeery plants into parts of the States of Georgia, Idaho, Maine, Montana, New Hampshire, New Jersey, New York, Tennessee, and West Virginia; and (iv) except when accompanied by a Federal control-area permit, the movement of all currant and gooseberry plants into the States of Connecticut, Delaware, Maryland, Massachusetts, Rhode Island, Vermont, and parts of the States of Michigan, Minnesota, North Carolina, Ohio, Oregon, Pennsylvania, Virginia, Washington, and Wisconsin.

(6) Mexican fruit fly. Federal Quarantine No. 64: Prohibits, except as provided in the regulations and administrative instructions supplemental thereto, the movement from the regulated areas in Texas of citrus and other specified fruits.

(7) White-fringe beetle. Federal Quarantine No. 72: Prohibits, except when accompanied by a Federal certificate or permit or when specifically exempted from certification requirements by administrative instruction, the movement from the regulated areas in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia of (i) soil independent of or in connection with nursery stock, plants, or other things; (ii) nursery stock and other stipulated plants or plant products; and (iii) other specified articles.

(8) Khapra beetle. Federal Quarantine No. 76: Prohibits movement from the regulated area, unless accompanied by Federal certificates or permits, of grains and grain products, dried seeds and seed products, bags, bagging, dried milk, dried blood, fish meal, and meat scraps. The regulated areas are limited to properties in parts of Arizona, Cali

fornia, and New Mexico which are designated as regulated areas in administrative instructions.

(9) European chafer. Federal Quarantine No. 77: Prohibits movement from the regulated area unless accompanied by Federal certificates or permits of nursery stock, sand, soil, gravel, humus, compost, and decomposed manure. The regulated areas include parts of Connecticut, New York, and West Virginia.

(10) Soybean cyst nematode. Federal Quarantine No. 79: Prohibits movement, unless accompanied by Federal certificates or permits, of soil, nursery stock and other plants with roots attached, true bulbs, corms, rhizomes, and tubers, root crops, soybeans, small grains, ear corn, hay, straw, fodder, and plant litter of any kind, seed cotton, used farm tools and implements, burlap bags, cotton picking sacks, and other farm products. The regulated areas include parts of the States of Arkansas, Illinois, Kentucky, Mississippi, Missouri, North Carolina, Tennessee, and Virginia.

(11) Witch weed. Federal Quarantine No. 80: Prohibits movement from the regulated area, unless accompanied by Federal certificates or permits, of soil, nursery stock, and other plants with roots attached, bulbs, corms, rhizomes, and tubers, root crops, seed cotton, tobacco, peanuts in shells, ear corn, soybeans, and small grains. The regulated areas include parts of North Carolina and South Carolina.

(12) Imported fire ant. Federal Quarantine No. 81: Prohibits movement, unless accompanied by Federal certificates or permits, of soil, plants with soil, grass sod, and forest products. The regulated areas include parts of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas.

(13) Peach mosaic. Standard State quarantines on account of the peach mosaic disease prohibit, except when accompanied by certificates issued by authorized officials of the States of origin, the movement of all peach, plum, prune, nectarine, apricot, and almond trees, and propagative parts except fruit pits, into, within or from Arizona and New Mexico and parts of Arkansas, California, Colorado, Oklahoma, Texas, and Utah.

(14) Phony peach. Standard State quarantines on account of the Phony peach disease prohibit, except when accompanied by certificates issued by authorized officials of the States of origin, the movement of all almond, apri