dress, the sender will be notified on Form 3547 of the new address of the addressee and a charge of 10 cents will be collected upon delivery of the form.

(b) Second-class mail—(1) Change in local address—(i) Delivery for 3 months. When there has been any kind of a change in the local address, the copies of second-class publications bearing the old local address shall be delivered to the new local address without charge for a period of 3 months even though the copies bear the request of the sender for return. The words "local address" as used in this paragraph mean any address served by the city, rural, or star carriers of any specific post office or a post office box or general delivery address at the post office. Form 3578, Change of Address Notice to Publishers, shall be furnished to the addressee at the new local address, and he shall be requested to use it promptly for furnishing the new local address to the sender. Form 3578 shall not be inserted in the copies but shall be delivered to the addressee separately from the copies.

(ii) Procedure after 3 months. When copies bearing the old local address are received after the period of 3 months has expired, the carrier or clerk serving the old address shall write the new local address, including ZIP Code number, on Form 3579, Undeliverable Second Class Matter, which shall then be affixed to the copies, envelopes, or wrappers, near but not over the old address. The copies shall then be delivered to the inquiry section or to the clerk designated by the postmaster to receive them. The portion of the page, envelope, or wrapper which bears both the old address, including ZIP Code number, if any, and Form 3579 shall then be cut or torn from the copies, envelopes, or wrappers, placed in an envelope, and mailed directly to the publisher, news agent, or other sender. The address on the envelope shall always include the name of the publication. Any number of notices may be returned in one envelope. Each envelope shall be rated with postage due at the rate of 10 cents for each notice contained in the envelope. Copies bearing the old address which are received after the mailing of the notice shall be disposed of as waste. When the copies bear the request of the sender for return, the portion of the page, envelope, or wrapper, shall not be detached, and after expiration of the 3 months' period each complete copy shall be returned to the sender rated with postage

due at the transient rate (see § 132.1(c) of this chapter) on each individually addressed copy or package of unaddressed copies and 10 cents for the notice on Form 3579 affixed thereto.

(2) Undeliverable for any reason other than change in local address. When copies of second-class publications are undeliverable as addressed for any reason other than a change in the local address (see § 132.1(c) of this chapter), the carrier or clerk serving the old address shall prepare Form 3579 and affix it to the first undeliverable copy, or its envelope or wrapper, near but not over the old address, and then deliver the copy to the inquiry section or to the designated clerk. If a new address has been entered on the form, the ZIP Code number for that address must be shown. If the copies do not bear the request of sender for return, the notice shall be mailed to the sender in the manner prescribed by subparagraph (1)(ii) of this paragraph. Copies bearing the old address which are received after the mailing of the notice shall be disposed of as waste. When the copies bear the request of the sender for return, each complete copy, beginning with the first one undeliverable as addressed, shall be returned to the sender rated with postage due at the transient rate (see § 132.1(c) of this chapter) on each individually addressed copy or package of unaddressed copies and 10 cents for the notice on Form 3579 as provided by subparagraph (i) (ii) of this paragraph.

(3) Pledge of addressee to pay forwarding postage. When a change of address is other than a change of local address (see subparagraph (1)(i) of this paragraph), and the addressee has filed a written guarantee either on Form 3575 or otherwise to pay forwarding postage, the copies of second-class publications bearing the old address shall be forwarded to the new address for a period of 3 months rated with postage due at the transient rate (see § 132.1(c) of this chapter), computed on each individually addressed copy or package of unaddressed copies. Form 3578 shall be furnished to the addressee at the new address in the manner prescribed by subparagraph (1)(i) of this paragraph). If the addressee refuses to pay the postage due, the postmaster at the old address shall be requested by the postmaster at the new address to immediately discontinue forwarding the copies. When copies bearing the old address, but not the re

quest of the sender for return, are received after the period of 3 months has expired, a notice shall be prepared and mailed to the sender in the manner prescribed by subparagraph (1)(ii) of this paragraph. Copies bearing the old address which are received after the mailing of the notice shall be disposed of as waste. When the copies bear the request of the sender for return, each complete copy beginning with the first one bearing the old address received after the period of 3 months has expired, shall be returned to the sender rated with postage due at the transient rate (see § 132.1(c) of this chapter) on each individually addressed copy or package of unaddressed copies and 10 cents for the notice on Form 3579 as provided in subparagraph (1) (ii) of this paragraph.

(4) Manner in which the request of the sender shall be shown. The words "Return Postage Guaranteed" shall be printed on the envelopes or wrappers or on one of the outside covers of unwrapped copies, and shall be immediately preceded by the sender's name and address, including ZIP Code number.

(5) Failure to follow procedure. When postmasters do not comply with the instructions in this paragraph their noncompliance should be brought directly to their attention by any postmaster who observes the noncompliance. In all cases where a change of address is not made by the sender within 3 months after the notice is sent on Form 3579, the postmaster at the office of mailing shall be requested on Form 3538, Irregular Handling of Undeliverable Second-Class or Controlled Circulation Publication, to instruct the sender to make the change.

(6) Canadian publications. The procedure prescribed by subparagraphs (1) through (3) of this paragraph shall be followed when copies of Canadian second-class publications are undeliverable as addressed.

(7) Special circumstances. See § 157.4 and 157.5 of this chapter for instructions as to forwarding publications under the special circumstances described therein.

(c) Controlled circulation publications. Undeliverable copies mailed by a publisher will be treated as described in subparagraphs (1) through (4) of this paragraph. The single piece third-class rate or the fourth-class rate according to the weight of each individually addressed copy or package of unaddressed copies is applicable, in addition to the

10-cent fee for Form 3579, to each individually addressed copy or package of unaddressed copies bearing the sender's pledge "Return Postage Guaranteed."

(d) Third-class mail-(1) Return of mail. Undeliverable third-class mail bearing the words "Return Postage Guaranteed" will be returned to the sender and postage at the single-piece third-class rate will be collected on delivery. The piece will be marked "undeliverable as addressed." The reason why the piece is undeliverable as addressed or the addressee's new address will not be endorsed on the piece.

(2) Forwarding and return of mail. Undeliverable third-class mail bearing the words "Forwarding and Return Postage Guaranteed" will be forwarded when the new address is known, and postage at the single-piece third-class rate will be collected from the addressee. If the addressee refuses to pay the forwarding postage, the piece will be returned to the sender who must pay postage at the single-piece third-class rate for its forwarding plus postage at the single-piece third-class rate for its return. If the piece cannot be forwarded because the new address is not known, it will be given the "Return Postage Guaranteed" service provided for by subparagraph (1) of this paragraph.

(3) Address correction service. The addressee's new address, or the reason why a third-class mailing piece is undeliverable if the new address is not known, may be obtained by the sender either independently of, or in combination with the return and forwarding services provided by subparagraphs (1) and (2) of this paragraph. To obtain these services, the mailing piece must bear the words: "Address Correction Requested," or "Address Correction Requested Return Postage Guaranteed," or "Address Correction Requested Forwarding and Return Postage Guaranteed," according to the service desired. The following conditions govern these services:

(1) A piece weighing 4 ounces or less bearing the words "Address Correction Requested" will be returned to the sender for a fee of 10 cents with the new address or reason endorsed on the piece.

(ii) When a piece weighing more than 4 ounces bears the words "Address Correction Requested," Form 3579 will be used to notify the sender for a fee of 10 cents. Form 3579 and the old address portion of the mailing piece will be prepared for mailing to the sender in an

envelope, in the same manner the form is prepared for mailing to second-class and controlled circulation publications (see paragraph (b) (1) (ii) of this section).

(iii) When a piece weighing more than 4 ounces and bearing the words "Address Correction Requested Return Postage Guaranteed," or "Address Correction Requested Forwarding and Return Postage Guaranteed" must be returned to the sender by the post office or original address because the piece cannot be forwarded, Form 3579 will be affixed to the piece, and it will be returned to the sender for a fee of 10 cents for the Form 3579 plus the single piece third-class postage for the piece.

(iv) When a piece of any weight bearing the words "Address Correction Requested," "Address Correction Requested Return Postage Guaranteed," or "Address Correction Requested Forwarding and Return Postage Guaranteed" is forwarded to the addressee in compliance with either the sender's or addressee's (see § 157.1(a)(3) of this chapter) guarantee to pay forwarding postage, Form 3547 will be used by the forwarding post office to furnish the sender the new address for a fee of 10 cents.

(e) Fourth-class mail. Undeliverable fourth-class mail will be handled according to the instructions in paragraph (d) of this section for handling thirdclass mail weighing more than 4 ounces, except that fourth-class rates apply in all instances where third-class rates are mentioned. The address correction and the return and forwarding services provided for third-class mail may be used for fourth-class mail.

(f) Airmail. Airmail weighing 7 ounces or less will be returned by the same transportation as first-class mail at no additional charge. Airmail weighing more than 7 ounces will be returned by surface transportation at the appropriate rate according to class of mail; except that, when the mail bears instructions of the sender to return by airmail, it will be returned at the airmail rate to be collected on delivery to the sender.

(g) Registered, certified, insured, and COD. When mail is undeliverable as addressed and cannot be forwarded, a notice is sent to the mailer on Form 3858, Notice of Undeliverable or Abandoned Mail, showing the reason. By completing the form and returning it immediately in an envelope bearing first

class postage, the mailer may tell the postmaster what to do with the mail. Mail will be returned to the mailer if there is no response. The postage charge, if any, for returning the mail (but not registration, insurance, certified or COD fees) will be collected from the mailer. Exception: When registered, certified, insured, and COD mail is addressed to a person who has moved and left no forwarding address, Form 3858 will not be sent, and the mail will be returned immediately to the mailer. Registered, certified, insured, and COD nixie mail shall be returned immediately to sender.

(h) Disposal of perishable mail, drugs, and cosmetics-(1) Perishable mail. (i) Undeliverable parcels containing perishable items that cannot be forwarded or returned before spoiling, and parcels of day-old poultry that cannot be delivered or returned within 60 hours after hatching, if salable will be disposed of by the postmaster through competitive bidding.

(ii) Sale by bid will not be made to the addressee. The postmaster will send the proceeds of the sale, less a commission of 10 percent (but not less than 25 cents), to the mailer, by postal money order, with an explanation of the action taken. The postal money order fee will be deducted.

(2) Drugs. Packages undeliverable to either the addressee or the sender that contain drugs will be destroyed. They will not be sold, donated, or retained as dead parcel post.

(3) Cosmetics. Packages undeliverable to either the addressee or the sender that contain cosmetics, such as soaps, perfumes, powders, home permanent waves, hand lotions, hand creams, aftershave lotions, and deodorant sticks or pastes, which bear no statements claiming medicinal properties, will be treated as dead parcel post. Lipsticks will be destroyed. If there is any question whether the use of a cosmetic might, as the result of deterioration or for other reason, jeopardize life or health, the article will be destroyed.

(i) Disposal to institutions-(1) Food. Usable food items treated as dead mail may be donated to charitable institutions, or public institutions supported in whole or in part by Federal, State, county, or municipal funds. These institutions include but are not limited to hospitals, asylums, and reformatories. The following conditions apply:

(i) "Homemade" items must not be donated but must be destroyed. If any

doubt exists as to whether an item is “homemade”, the item shall be destroyed.

(ii) If the local municipal welfare department will assume responsibility for distribution of usable food items to eligible institutions, this method is preferred. Otherwise, postmasters shall equitably apportion the items among eligible applicant institutions.

(iii) The recipient must sign a release stating that the Postal Service is relieved of all responsibility connected with the food items or their subsequent use. Releases must be retained in post office files.

(iv) No selection shall be made by the receiving institutions as to the type or quantity of food items to be accepted.

(v) Food items must be called for as soon as possible. Postmasters may deliver these items, but only if unusual circumstances prevail.

(vi) Food item that cannot be disposed of by donation shall be destroyed.

(2) Periodical publications. On request, copies of undeliverable newspapers, magazines, and other periodical publications may be furnished to reformatory institutions, hospitals, asylums, and other similar institutions which are organized for charitable purposes or which are supported in whole or in part by Federal, State, or municipal funds, under the following conditions:

(i) No additional clerical time shall be used in the post office over that required for disposal of the copies as waste material.

(ii) No selection shall be made by the receiving institutions as to character, quantity, or type of publications to be furnished.

(iii) The receiving institutions shall call for the copies promptly after notification of their availability, or on a scheduled basis.

(iv) The receiving institutions shall be informed that this privilege is entirely at the option of the Postal Service and may be curtailed or discontinued at any time without notice.

(3) Samples of merchandise. Dispose of undeliverable samples of merchandise sent for advertising purposes, which do not bear the words "Return Postage Guaranteed", as follows:

(i) Remove and destroy wrappers if that is practicable and can be accomplished without additional expense, and deliver impartially to charitable or reformatory institutions that promise their free distribution.

(a) Ordinary mail. (1) Mail returnable under § 158.2 (a) through (f) is:

(1) Returned immediately if refused by addressee.

(ii) Returned immediately if undeliverable when specifically addressed to a street, building, rural or star route, or post office box; except that when a patron moves without leaving a change of address, the mail will be held for 10 days awaiting a forwarding order and, if no order is received in that time, the mail will then be handled as undeliverable. However, this shall not preclude compliance with sender's request in accordance with § 123.3 (b)

(iii) Returned immediately, if undeliverable, when incompletely, illegibly, or incorrectly addresseed and addressee is unknown. See subdivisions (iv) and (v) of this subparagraph.

(iv) Retained in general delivery not to exceed 30 days, at request of sender, if addressed in manner to indicate addressee is expected to call for mail, or if addressee normally calls there for mail.

(v) Retained as follows when not specifically addressed or when sender does not specify a retention period:

(a) Five days if for delivery by village, rural, or star route carrier.

(b) Ten days if intended for general delivery service at an office having city carrier service, except that the mail may be held up to 30 days if the addressee has given notice to the postmaster that he will be delayed in arrival.

(c) Fifteen days if intended for general delivery service at an office not having city carrier service.

(2) Perishable items not marked to abandon that cannot be delivered before spoiling or day-old poultry that cannot be delivered within 60 hours after hatching are returned immediately, provided return to sender can be made prior to

spoilage or within the 60 hour period. (See § 152.2 (h) of this chapter.)

(3) Mail addressed and deliverable to a post office box, except registered, certified, insured, COD, and perishable, will not be returned until box is declared vacant.

(b) Registered, insured, COD, and certified mail. (1) Undelivered registered, insured, COD, and certified mail is retained for not less than 3 days, nor more than the periods specified in subparagraphs (2) through (4) of this paragraph.

(2) Registered mail is held up to 60 days if the sender so requests by endorsement on the mail. If the sender names no specific period, the mail will be held 10 days before return. Exception: If the postmaster believes he will be able to make delivery if the mail is held longer thar. 10 days, it may be held up to 60 days if written permission is obtained from the sender. (See also § 158.2(g).)

(3) Insured and certified mail is held a maximum of 15 days. It is held a lesser number of days if the sender so specifies. (See also § 158.2(g).)

(4) COD mail is held a maximum of 30 days. It is held a lesser number of days if the sender so specifies. See § 163.4 (c) of this chapter regarding notice on Form 3849-D.

(c) Special delivery and special handling mail. Special delivery and special handling articles are held for the period specified in paragraph (a) or (b) of this section, except that requests for immediate return of special delivery mail will be honored.

[30 F.R. 13320, Oct. 20, 1965, as amended at 31 F.R. 11103, Aug. 20, 1966; 34 F.R. 13871, Aug. 29, 1969. Redesignated at 31 F.R. 15350, Dec. 8, 1966; further redesignation at 34 F.R. 13871, Aug. 29, 1969]

§ 158.4

Disposal of undeliverable mail. Mail undeliverable at the last office of address is disposed of as follows:

(a) Postal and post cards or samples of merchandise are destroyed or sold immediately.

(b) Printed matter, including such matter as circulars, greeting cards, newspapers, magazines, and other periodical publications, obviously without value is disposed of as waste paper without examination of contents. This mail will not be torn or mutilated, before being consigned to the general waste, except when necessary to prevent improper use. Such matter as redemption coupons and

uncanceled postage stamps must be burned or mutilated to prevent improper use. Magazines shall not be separated from the general waste unless their separate bulk sale by contract as waste would result in a material advantage to the Postal Service by reason of the high quality of the paper. Under no circumstances may magazines or other periodical publications be sold at a per copy rate or at auction by the post office. Contracts negotiated for the disposal of waste should contain a provision which prohibits the resale by the contractor of copies of magazines or other periodical publications to the public for reading purposes.

(c) Domestic ordinary. insured, or COD articles bearing sender's instructions to abandon are disposed of immediately after expiration of the periods stated in § 158.3.

(d) Third-class mail of no obvious value and without sender's request for return is disposed of as waste.

(e) Insured and COD articles bearing sender's instructions to destroy will be destroyed.

(f) Packages

containing medicine, perishable articles, liquids, or other articles likely to injure employees, or damage equipment or other mail, or to attract pests, must be destroyed as soon as they are known to be undeliverable.

(g) Letters from Canada or Mexico with return addresses are returned to the postmaster at the post office of origin.

(h) Mail addressed to a deceased person is delivered to the executor or administrator of the estate or, if there is no executor or administrator, to the widow or widower or other claimants, except that U.S. Government pension mail is returned to the mailing Federal agency.

(i) Unclaimed franked mail from a Member of Congress, including that addressed under provisions of § 123.4 (d) (2) of this chapter, and unclaimed official mail, including official reports and bulletins sent by State agricultural colleges and experiment stations, is returned to the postmaster at the office of origin if it is known. If office of origin is not known, the mail is sent to the post office at Washington, D.C. Undeliverable mail bearing return address of the White House, the Senate, or the House of Representatives, with or without postage stamps, is returned to the post office at Washington, D.C.