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 § 124.2(d) (4). (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.

§ 124.3 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.

(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. § 124.4 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

(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. § 124.6 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.

§ 124.7 Copyright violations.

Publications which violate copyright granted by the United States.

§ 124.8 Certain foreign communica

tions.

(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.

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.

(f) 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 ΟΥ 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.

(g) Sharp edges and firearms. (1) 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]