(a) Lotteries. (1) Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part on lot or chance.

(2) Any lottery ticket or part thereof or substitute.

(3) Any form of payment for a lottery ticket or share.

(4) Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of a lottery or similar enterprise, or any list of prizes awarded in such an enterprise.

(b) Fishing contest exception. Paragraph (a) does not apply to any fishing contest not conducted for profit wherein prizes are awarded for the species, size, weight, or quality of fish caught by contestants in any bona fide fishing or recreational event.

(c) False representations. Anything mailed in pursuance of any scheme for obtaining money or property of any kind through the mail, by means of false representations.

(d) Fictitious matter. Any matter addressed to a person using any fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on or assisting therein, through the mail, any business scheme or device in violation of law. The recipient must appear at the post office of receipt and be identified. If the addressee fails to appear and be identified, after notification, or if the fictitious character of such mail is established to the satisfaction of the Postmaster General, it is forwarded to the dead letter office as fictitious matter or otherwise disposed of as the Postmaster General directs.

(e) Libelous matter. Any matter otherwise mailable which has on its outside wrapper or envelope, or any postal card or post card carrying on it:

(1) Any libelous, scurrilous, defamatory, or threatening language, whether written or printed, or which by its manner or style of display is obviously intended to reflect injuriously on the character or conduct of another; or

(2) Any language asking for payment of a bill, which by its manner or style of

display is defamatory and reflects injuriously on the character of addressee.

(f) Solicitations in the guise of bills or statements of account. Any matter otherwise legally acceptable in the mails which could reasonably be considered a bill, invoice, or statement of account due, but is in fact a solicitation for an order, is nonmailable unless such matter conforms to the following requirements:

(1) Each solicitation subject to 39 United States Code 4001 (c) shall prominently display the following prescribed notice:

THIS IS A SOLICITATION FOR THE ORDER OF GOODS AND/OR SERVICES AND NOT A BILL, INVOICE, OR STATEMENT OF ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKE ANY PAYMENTS ON ACCOUNT OF THIS OFFER UNLESS YOU ACCEPT THIS OFFER.

(2) The prescribed notice shall be printed on the face of the solicitation.

(i) In a size not smaller than the type size used for printing any other word on the solicitation nor under any circumstances shall it be less than 12 point type.

(ii) In no less conspicuous type than the boldest type used to print other words on the solicitation.

(3) The background on which the prescribed notice is printed shall not diminish the contrast between the background and the printing so that it is less than the contrast between the background and the printing of any other words on the face of the solicitation.

(4) There shall be a clear space no less than one-quarter of an inch surrounding the prescribed notice.

(5) The prescribed notice shall be printed in boldface type capital letters.

(6) In the case of a solicitation for the order of goods not involving services the following may be omitted from the prescribed notice: "And/or services". Similarly, in the case of a solicitation for the order of services not involving goods the following may be omitted from the prescribed notice: "Goods and/or".

(7) No solicitation shall state that it has been approved by the Post Office Department or by the Postmaster General or that it conforms to any Federal law or regulations issued thereunder.

(39 U.S.C. 4560) [26 F.R. 11524, Dec. 6, 1961, as amended at 33 F.R. 4512, Mar. 14, 1968; 34 F.R. 5329, Mar. 18, 1969. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

(a) Matter addressed to foreign countries, posted in violation of law or treaty stipulations.

(b) Matter of any kind giving or offering to give information concerning procurement of a divorce in a foreign country and designed to solicit business in connection with such procurement. § 124.9 Opinions on mailability.

(a) When in doubt as to the mailability of any matter described in §§ 124.2, 124.3, and §§ 125.2, 125.3, and 125.4 of this chapter, the postmaster shall submit a sample or a complete statement of the facts to the Classification and Special Services Division, Bureau of Operations, and await instructions.

(b) Postmasters and other employees at post offices shall not give opinions to the public concerning the mailability of matter under §§ 124.4, 124.5, 124.6, 124.7, 124.8 and §§ 125.5, 125.6 of this chapter. When in doubt as to the mailability of any such matter, the postmaster shall withhold it from dispatch or delivery, and shall send a sample or a complete statement of the facts to the Mailability Division, Office of the General Counsel, for instructions. Newspaper containing doubtful matter should be promptly reported to the Mailability Division, Office of the General Counsel, but they should not be withheld from dispatch without specific instructions.

125.6 125.7

125.8 125.9

Switchblade knives.

Identification and marking.
Motor vehicle master keys.

Notice of delivery of rifles, shotguns,
and other mailable firearms.

AUTHORITY: The provisions of this Part 125 issued under R.S. 161, as amended, sec. 1, 62 Stat. 781, as amended; 5 U.S.C. 301, 18 U.S.C. 1715, 1716, 39 U.S.C. 501, 4001, 4002, 4058, 4105. § 125.1 Legal restrictions.

(a) Harmful matter. (1) Certain items barred from the mail, as set forth in Part 124, may be mailed if prepared and packaged in accordance with this part. These are items not outwardly or of their own force dangerous or injurious to life, health or property.

(2) This part covers generally some of the more common situations, however, the burden rests with the mailer to assure that he has complied with the law and that anything shipped by him has been properly prepared and packaged. The ordinary test of adequate preparation and packaging is whether the contents of a parcel are safely preserved under ordinary hazards of mail handling and transportation.

(3) Products, materials and devices are created or modified with such frequency that the Post Office Department is unable to issue general rulings in advance to govern adequate preparation and packaging. Any mailer may, however, request the Post Office Department, in advance, for a specific ruling as to mailability of his item. The request should be addressed to the local postmaster, who will forward it to the Bureau of Operations, Classification and Special Services Division, Washington, D.C., 20260.

(b) Applicability of other laws. (1) Although not unmailable, as defined in Part 124 of this chapter, certain other items may be mailed only if they comply with applicable Federal laws and regulations.

(2) Any special conditions or limitations placed on transportation or movement of certain things shall govern admissibility to the U.S. mail, when imposed under law by the U.S. Department of the Treasury; U.S. Department of Agriculture; U.S. Department of Commerce; U.S. Department of Health, Education, and Welfare; Interstate Commerce Commission; or any other Federal department or agency having legal jurisdiction.

(c) Penalties. Severe penalties of fine or imprisonment, or both, are provided by law, for anyone who knowingly deposits for mailing or delivery, or causes to be mailed or delivered, anything declared nonmailable under law. Failure to comply with the regulations of the Postmaster General, prescribed in this part, as to matter otherwise nonmailable, constitutes a violation of law.

[26 F.R. 11526, Dec. 6, 1961, as amended at 29 F.R. 11453, Aug. 8, 1964. Redesignated 31 F.R. 15350, Dec. 8, 1966]

§ 125.2 Conditions for mailing.

(a) General nature of precautions required. (1) The restrictions against mailing of harmful matter, from which relief is granted by this part, are intended to prevent damage or harm to postal and transportation personnel, to prevent damage or destruction of other mail and of property, to avoid obnoxious odors, and to prevent the spread of disease and infection. Special preparation and packaging are required to protect against such contingencies.

(2) Basic precautions, covered generally in this section, relate to the inner containers holding the harmful matter, internal cushioning and protection, and exterior packaging and marking.

(b) Liquids (nonflammable) and powders. (1) Precautions shall be taken in the case of liquids, pastes, salves, ink powders, pepper, snuff or other pulverized materials against damage to mail and property from leakage and against caustic, irritant, toxic or soiling effect on mail handling personnel.

(2) Containers shall meet any applicable Interstate Commerce Commission or other Federal specifications. Closures must effectively seal the contents against leakage. Friction tops must be fastened with solder, clips or otherwise, so they will not come off under impact.

(3) Glass or other breakable containers of liquids must be packaged to withstand handling en route. The container shall be cushioned inside the carton to absorb shock and impact. Where feasible, absorbent material shall be used, to take up all the liquid in case of breakage.

(c) Combustible and gaseous. (1) In addition to precautions specified in paragraph (b) of this section, containers of flammable liquids must have sufficient air space to allow for vapor expansion under variations. This guards against bursting from internal pressure.

(2) Compressed gas containers shall be of metal or nonshattering steel types, as required by the Interstate Commerce Commission or other Federal agencies. In addition to being cushioned to absorb shock, containers with release mechanisms shall be protected against damage or accidental discharge in transit.

(d) Matches. Restrictions relating to matches in the mail are as follows:

(1) Strike-anywhere matches may not be mailed.

(2) Safety matches of a strike-onlyon-box or book variety may be mailed under the following conditions:

(i) Their minimum ignition temperature must not be less than 338° F.

(ii) They will not ignite when exposed to temperatures up to 194° F. for a period of 2 hours.

(iii) They will not ignite when the heads of any two matches are vigorously rubbed together at least five times.

(iv) They must be packaged in containers adequately insulated with aluminum foil, asbestos, or other fire retardant material. They may also be packaged in securely closed cartons of bleached manila or kraft type board of not less than 0.022 inch thick, testing at least 100 points (Mullen test) when each carton contains not more than 1,500 matches made up not to exceed 50 books of not more than 30 match sticks in each book, or in small boxes of approximately 36 wooden sticks in each box.

(v) Book matches must be arranged symmetrically so as to completely fill the cartons and be so positioned that the heads of the matches cannot strike or rub against friction surfaces on the books.

(e) Radioactive materials. In addition to special packaging precautions, as prescribed in this part, a package containing radioactive materials must not emit from its exterior any significant alpha, beta, or neutron radiations and the gamma radiation at any surface of the package must be less than 10 milliroentgens for 24 hours. The package must not contain more than 0.1 millicuries of radium, or polonium, or that amount of strontium 89, strontium 90, or barium 140 which disintegrates at a rate of more than 5 million atoms per second; or that amount of any other radioactive substance which disintegrates at a rate of more than 50 million atoms per second. See § 124.2 (d) of this chapter regarding disposition of dangerous radioactive materials that are nonmailable.

(1) Poisons-(1) Poisons for scientific use. Poisons for scientific use which are not outwardly or of their own force dangerous or injurious to life, health, or property may be shipped between manufacturers, dealers, bona fide research or experimental scientific laboratories, and employees of the Federal, State, or local governments who have official use of such poisons. Any such employee must be designated by the head of his agency to receive or send such poisons. The preparation and packaging of such poisonous articles shall be under the same conditions as apply to other articles covered by this Part 125.

(2) Poisonous drugs and medicines. Poisonous drugs and medicines may be shipped only from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians.

(3) Prescription medicines containing narcotics. The Veterans' Administration, including its hospitals and other facilities, are authorized to send prescription medicines containing narcotics by registered mail to certain veterans. (See § 161.6(a) of this chapter). Other shipments containing narcotics addressed to individuals are limited to provisions of subparagraph (2) of this paragraph.

(4) Excess or undesired narcotic drugs. Shipments of excess or unwanted narcotic drugs may be sent by registered mail to district supervisors of the U.S. Bureau of Narcotics. Shipments of narcotics may also be sent by registered mail to the Drugs Disposal Committee, U.S. Bureau of Narcotics, Washington, D.C. 20226.

(1)

(g) Sharp edges and firearms. Sharp pointed or sharp edged instruments such as knives, tools, icepicks. razor blades, etc., shall be wrapped to protect their points and edges from cutting through the outer carton in which they are shipped.

(2) Rifles or shotguns are mailable if they are not loaded. The mailer may be required by the post office clerk to establish this to the clerk's satisfaction either by opening the parcel or by giving him a written statement certifying that the gun is unloaded.

[26 F.R. 11526, Dec. 6, 1961, as amended at 29 F.R. 11453, Aug. 8, 1964, 30 F.R. 14928, Dec. 2, 1965. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

§ 125.3 Perishable matter.

(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).

(li) 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 ad

dressee 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