(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 things identified or described in this part are some of the matter which may not be sent through the mail, as a matter of absolute prohibition. See Part 15 of this chapter for matter mailable only under special rules or conditions. Notwithstanding any statement contained in the regulations of this part, which covers only some of the items prohibited in the mail, the burden rests with the mailer to assure that he has complied with the law. In addition to other nonmailable items mentioned in this part, certain other articles are prohibited in the mail to military post offices overseas. See Part 17 of this chapter.

(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 Post Office Department has not expressly declared any matter to be nonmailable, the mailer of such matter may be held fully liable for violation of law if he does actually send nonmailable matter through the mail.

§ 14.2 Harmful matter.

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 § 15.3 (e) of this chapter), all poisonous insects, all poisonous reptiles, and all kinds of snakes.

(3) All disease germs or scabs.

(4) All explosives, inflammable 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 as dynamite), ammunition; fireworks; highly flammable liquids or substances; radioactive materials; matches; or articles exhaling a bad odor.

(c) Acceptability if properly packed. When authorized by the Postmaster General, various of the 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 of their own force dangerous or injurious to life, health, or property. See Part 15 of this chapter.

(d) Radioactive matter. (1) Radioactive materials other than those described in § 15.2(d) of this chapter are· nonmailable. Any package of radioactive matter bearing an Interstate Commerce Commission red or blue label as CLASS D POISON or which is marked to indicate that it contains radioactive matter in excess of the quantities listed in § 15.2(d) of this chapter is nonmailable. These labels are illustrated on the following page.

be roped off or guarded wherever practicable. A temporary sign indicating the presence of radioactive materials with a warning to keep out should be placed at the edge of the roped off area. The postmaster in cooperation with a postal inspector, if one is available, shall immediately request the assistance of qualified persons to check radiation hazards and to supervise salvage and decontamination. This assistance may be obtained from the sender, if he is nearby, or from one of the following:

(a) Local civil defense authorities. (b) Local health, fire or police department.

(c) Nearest office of U.S. Atomic Energy Commission. See § 14.2 (d) (5). (d) Nearby scientific laboratory. (e) Nearby military installation.

(ii) When assistance from qualified personnel is delayed, those who were in the immediate area of the contaminated package shall wash thoroughly and make a complete change of clothes and remain isolated so as to prevent spread of the contamination until they have been examined by qualified persons. Exposed clothing and shoes should not be removed from the premises. A report of the incident shall be made to the postal inspector in charge.

(iii) When the incident has been appraised by competent radiological specialists, the postmaster should ascertain the need for medical attention to exposed employees. Injury reports are to be treated like other occupational injuries.

(4) Operations Offices of the United States Atomic Energy Commission are as follows:

(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.

(c) Beer, lager beer, ale, porter, wine or other liquors, regardless of alcoholic content, when mailed to Indian wards anywhere or into any Indian reservation. § 14.4

Obscene and indecent matter.

(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) Contraceptive and abortive materials. (1) Anything intended to prevent conception or produce abortion.

(2) Anything advertised or described so as to lead another to use it for preventing conception or producing abortion.

(3) Any written or printed matter giving information as to how to obtain any article or to use any means for preventing conception or producing an abortion.

(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) Fraudulent enterprises. Anything mailed in pursuance of any scheme for obtaining money or property of any kind through the mail, by means of false or fraudulent pretenses, representations, or promises.

(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. § 14.6 Disloyalty and threats to the President.

(a) Any letter, publication, or thing containing any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States.

(b) 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.

§ 14.7 Copyright violations.

Publications which violate copyright granted by the United States.

§ 14.8 Certain foreign communications. (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. § 14.9 Opinions on mailability.

Postmasters and other employees at post offices shall not give opinions to the public concerning the mailability of matter under §§ 14.4, 14.5, 14.6, 14.7, 14.8 and §§ 15.5 and 15.6 of this chapter. When there is doubt as to the mailability of any such matter, the postmaster shall withhold it from dispatch or delivery and a sample or a complete statement of the facts shall be submitted to the General Counsel for instructions.

§ 15.2 Adequacy of preparation and packaging. ***

(d) Radioactive materials. 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 § 14.2(d) of this chapter regarding disposition of dangerous radioactive materials that are nonmailable."

(R.S. 161, as amended, secs. 501, 4058, 74 Stat. 580, 657 (Pub. Law 86-682); 5 U.S.C. 22, 39 U.S.C. 501, 4058)

CODIFICATION: In § 15.2(d), the first sentence set forth above was added, 23 F.R. 3100, May 9, 1958, and the second sentence was added, 25 F.R. 13975, Dec. 30, 1960.

§ 15.3 Perishable matter.

(a) Time factor. Live animals that are otherwise mailable, and perishable foods and game, may not be sent through the mail unless there is sufficient time in ordinary transit for them, after mailing, to reach their destinations in good condition. Certain 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 advisable.

(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 § 15.2(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 day-old poultry. Live dayold chicks, ducks, geese, guinea fowl and turkeys are acceptable in the continental

surface mails under the following conditions:

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

(2) 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 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).

or

(3) They must not be over 24 hours

old.

(4) 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.)

(5) 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.

(6) 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.

(7) 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 § 48.2 (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 § 48.2 (h) of this chapter.

(8) 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