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"Return the ZIP Coded bundles to the post office or the owner according to who submitted the cards.

(iii) Mailing lists should be wrapped by the owner for mailing, when practicable, and must bear the name and address of the owner. The local postmaster shall enclose addressed penalty labels (Label 41) for use in returning the coded cards to his office.

(iv) Gummed labels, wrappers, envelopes, or postal or post cards indicative of one time use will not be accepted as mailing lists.

§ 122.6 Zip Code system.

(a) Description. ZIP Code is a fivedigit coding system which identifies each post office and each delivery unit at large offices and associates each with the sectional center or major office through which mail is routed for delivery. The first three digits identify the sectional center or major city. The last two digits identify the post office or other delivery unit.

(b) Purpose. The purpose of ZIP Code is to achieve greater accuracy and speed in the dispatch and delivery of mail.

(c) Assignment of ZIP Codes (1) All offices. All post offices are assigned one or more ZIP Codes which should be included in the address on all mail.

(2) Single-ZIP-Coded offices. Most post offices are assigned a single ZIP Code which should be used in the address on all mail addressed for delivery at such post offices.

(3) Multi-ZIP-Coded offices. Two or more ZIP Codes are assigned to the larger offices at which two handlings are required in distributing mail to delivery routes and box sections. Separate ZIP Codes are assigned to each delivery unit at such offices so that mail separated to five-digit ZIP Code delivery units can be distributed to delivery routes and box sections in a single handling.

(4) National ZIP Code Directory. The National ZIP Code Directory lists ZIP Codes for all post office addresses.

(d) Placement of ZIP Code digits. (1) The ZIP Code should appear on the last line of both the address of destination and return address following the city and State. A space not less than twotenths inch nor more than six-tenths inch is to be left between the last letter of the State and first digit of the code. A comma should not be inserted between the State name and ZIP Code. Example:

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Mr. Henry Brown,

24789 Alaska Avenue, Chicago, IL 60652.

When the State name is abbreviated, the use of a period is optional so long as the space precedes the ZIP Code.

(2) For large volume mailers where space or other factors make the positioning shown in § 122.6(d) (1) impractical, the ZIP Code may be carried as the bottom line of the address, provided it is immediately beneath the city and State and no characters or digits either precede or follow it: Example:

Mr. Harold Jones, 1070 High Street,

Hot Springs National Park, AR 71901.

(e) Post Office assistance to mailers. Mailers should request their local postmasters for information about the ZIP Code system and for guidance in bringing their mailing practices into compliance with the ZIP Code requirements. Postmasters will, upon request by mailers, send post office representatives to help mailers make arrangements for ZIP Coding mailing lists and for packaging and sacking bulk mailings by ZIP Code. § 122.7 Second-class publications.

(a) All publications should be addressed in a legible hand or plain type not smaller than 10 point.

(b) When several unwrapped copies for subscribers at the same post office are sent under one wrapper, each copy should bear the name and address of the subscriber.

(c) The name of the post office and State should be the most prominent part of the address.

(d) Write or print addresses with black ink or ink of some other strongly contrasting color. Addresses should not be written in pencil.

(e) Use white or other light-colored paper for address strips.

(f) When the address is placed on the wrapper, it should appear on the flat side and never on the fold. Addresses, including address strips, must be placed in a visible position either on the wrapper or directly on the copies.

(g) Individually addressed, unfolded periodicals mailed in bundles without separate wrappers should have the addresses placed upside down in the lower right corner of the front cover page. An alternate position on periodicals is lengthwise along the bound edge, near the top of the publication.

(h) Individually addressed, unwrapped, folded newspapers and periodicals mailed in bundles to a post office should have the addresses in the upper left corner of the publication when grasped with the right hand along the folded edge.

§ 122.8 Military mail.

(a) Overseas military mail—(1) Army and Air Force. Show grade; full name, including first name and middle name or initial; social security account number; PSC box number if served by a PSC, or organization if not served by a PSC (and box number, if appropriate); APO number and the post office through which the mail is to be routed.

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SSgt. James T. Duncan, FR 123-65-1048,

1838 Elect Instl Sq, Box 137, APO San Francisco 96274

(2) Navy and Marine Corps. Show full name, including first name and middle name or initial, rank or rating, service number, shore based organizational unit with Navy number, or mobile unit designation, or name of ship, and the fleet post office through which the mail is to be routed. Examples:

John M. Doe QMSN 686 54 70 USN,
USS Lyman K. Swenson (DD 729)
FPO San Francisco 96601.

Maj. John M. Doe O23492 USMCR,
Staff, Fleet Marine Force Pacific,
FPO San Francisco 96602.

James T. Doe, AQF-2, 329 76 83 USN,
U.S. Naval Air Facility,

FPO New York 09521.

Lt. Leroy A. Doe, 063941, USMC,
U.S. Marine Corps Air Facility,
FPO San Francisco 96672.

(3) Dependents residing with military personnel. Address mail to dependents residing in overseas areas in care of the sponsor. Example:

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Pvt. Willard J. Doe, 300-52-6111, Co B, 1st Bn, 12th Infantry, Fort Lewis, WA 98433.

Air Force: Personnel served by PSC

Sgt. John Goleski, FR 212-73-1954, PSC Box 1843, Vandenberg AFB CA 93437. Air Force: Personnel served by Unit mail

room

A1C Walter J. Larkin, FR 062-18-6934, 1 Strat Aerosp Div, Box 107, Vandenberg AFB CA 93437.

(2) Navy and Marine Corps. Show full name, including first name and middle name or initial, rank or rating, service number, organization, military installation and the ZIP Code. Examples:

Bill E. Smith, SK3, 331 20 54 USN,
U.S. Naval Supply Depot,
Great Lakes, IL 60088.

M/Sgt. Peter V. Perez, 1342165 USMC,
Headquarters Battalion,

Headquarters U.S. Marine Corps,
Henderson Hall,

Arlington, VA 22214.

(3) Dependents residing with military personnel. (i) Address mail to to dependents for delivery through the sponsor's military unit in care of the sponsor. Example:

Master Robert Brown,

c/o Sgt. Michael Brown, 081-32-6959, Company A, 6th Bn., 10th Inf.,

Fort Gordon, GA 30905.

(ii) Mail addressed to dependents for delivery at the sponsor's military quarters need not be addressed in care of the sponsor. Example:

Master Robert Brown, 2519 C Street,

Wright-Patterson AFB, OH 45433.

(c) Geographical address. Mail showing a foreign city and country in addition to the military address is subject to the rates of postage and conditions for

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(a) Description. Nonmailable matter includes all matter which is by law, regulation, or treaty stipulation, prohibited from being sent in the mail or which cannot be forwarded to its destination because of illegible, incorrect, or insufficient address.

(b) Applicability. The harmful or objectionable items identified in this part are some of the matter which may not be sent through the mail, as a matter of absolute prohibition. See Part 124 for matter mailable only under special rules or conditions. Notwithstanding any statement contained in Part 123, the burden rests with the mailer to assure that he has complied with the law. In addition to the nonmailable items mentioned in this part, certain other articles are prohibited in the mail to military post offices overseas (Part 126).

(c) Penalties for violation. Severe penalties, by fine or imprisonment, or both, are provided for persons who knowingly mail or cause to be mailed, any matter which has been declared nonmailable under law.

(d) Nonconformity with postal regulations. Regardless of its nature, matter may not be mailed in any form if done in violation of postal regulations for such reasons as failure to pay postage, improper size or weight, improper permits, improper addresses, etc.

(e) Responsibility of mailer. When mailers are in doubt as to whether any matter is properly mailable, they should ask the postmaster. Even though the

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(a) General provision of law. Any articles, compositions, or materials, which may kill or injure another or injure the mail or other property, are nonmailable. This includes but is not limited to:

(1) All kinds of poison or matter containing poison.

(2) All poisonous animals, except scorpions (see § 124.3 (e), all poisonous insects, all poisonous reptiles, and all kinds of snakes.

(3) All disease germs or scabs.

(4) All explosives, flammable material, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode.

(b) General examples of harmful matter. Harmful matter includes, among others, that which is likely to destroy, deface, or otherwise damage the contents of the mailbags or harm the person of anyone engaged in the Postal Service, such as caustic poisons (acids and alkalies), oxidizing materials, or highly flammable solids; or which are likely under conditions incident to transportation to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing; explosives or containers previously used for shipping high explosives having a liquid ingredient (such a dynamite), ammunition; fireworks; highly flammable liquids or substances; radioactive materials; matches; or articles emitting a bad odor.

(c) Acceptability if properly packed. When authorized by the Postmaster General, various articles specified in this part as being nonmailable may be sent through the mail if they conform to special regulations as to preparation and packaging and if they are not outwardly dangerous, or if their own force dangerous or injurious to life, health, or property. See part 124.

(d) Radioactive matter. Regulations on radioactive matter will be published shortly.

§ 123.3 Intoxicating liquors.

(a) Spirituous, vinous, malted, fermented, or other intoxicating liquors of

any kind containing more than 3.2 percent of alcohol by weight.

(b) Intoxicating liquors containing not more than 3.2 percent of alcohol by weight when addressed to a Territory or district of the United States, the laws of which prohibit the manufacture or sale therein of alcoholic beverages of that content.

§ 123.4 Lotteries, false representations, libelous matter and solicitations in the guise of bills or statements of

account.

(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. Section 123.4(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 agent.

(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 deflects injuriously on the character of addressee.

(e) 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 for printing any other word on the solicitation nor under any circumstances 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 Postal Service or by the Postmaster General or that it conforms to any Federal law or regulations issued thereunder.

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(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. § 123.7 Special materials.

(a) Lewd or filthy matter. Obscene, lewd, lascivious, or filthy publications or writings, or mail containing information concerning where, how, or from whom such may be obtained, and matter which is otherwise mailable but which has on its wrapper or envelope any indecent, lewd, lascivious, or obscene writing or printing. Any mail containing any filthy, vile, or indecent thing.

(b) Abortive and contraceptive materials. (1) Any article or thing designed, adapted, or intended for producing abortion, and any written or printed matter, advertisement, or notice of any kind giving information as to how to obtain any such article or thing or which is intended to induce or incite the use or application of any such article or thing for producing abortion.

(2)(i) Except as provided in subdivision (ii) of this subparagraph, any unsolicited article or thing which is designed, adapted, or intended for preventing conception or any unsolicited advertisement of any such article or thing. Advertisements contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive, are not "unsolicited."

(ii) Unsolicited samples of articles or things which are designed, adapted, or intended for preventing conception, and unsolicited advertisements for such articles or things, sent through the mails to a manufacturer of such articles or things, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital or clinic, are mailable. (c) Inciting to violence. Any matter of a character tending to incite arson, murder, or assassination.

(d) Disloyalty and threats to the President. (1) Any letter, publication, or thing containing any matter advocating

or urging treason, insurrection, or forcible resistance to any law of the United States.

(2) Any letter or other matter containing any threat to take the life of, or to inflict bodily harm upon, the President of the United States.

[35 F.R. 19407, Dec. 23, 1970 as amended at 36 F.R. 19974, Oct. 14, 1971]

§ 123.8 Opinions on mailability.

(a) When in doubt as to the mailability of any matter described in §§ 123.2, 123.3, 124.2, 124.3 and 124.4, the postmaster will submit a sample or a complete statement of the facts to the Classification Division, Office of Rates and Classification, Finance Department, and await instructions.

(b) Postmasters and other employees at post offices will not give opinions to the public concerning the mailability of matter under §§ 123.4, 123.5, 123.6, 123.7, 124.5, and 124.6. When in doubt as to the mailability of any such matter, the postmaster will withhold it from dispatch or delivery and will send a sample or a complete statement of the facts to the Consumer Protection Office, Law Department, for instructions. Newspapers containing doubtful matter should be promptly reported to the Consumer Protection Office, Law Department, but they should not be withheld from dispatch without specific instructions.

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